reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-4 - System Capital Development Planning

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. By December 31, 2017, the Council and
				Commission shall, jointly or separately, develop a system capital development
				oversight policy for approval by the Legislative Oversight Commission on
				Education Accountability. This oversight policy must include the following
				constraints:
4.1.1. State capital funding will
				focus on educational and general capital improvements, not capital
				projects.
4.1.2. Renovations of
				existing buildings will generally receive greater consideration for state
				funding than new construction.
4.1.3. Institutions will fund maintenance and
				deferred maintenance needs as the Legislature increases funding for new
				education and general capital improvements and major renovations and supplants
				existing educational and general debt.
4.1.4. The effect of additional debt loads on
				students and the financial health of institutions will be considered.
4.1.5. State capital funding and
				institutional capital fees will be used primarily for maintenance and deferred
				maintenance needs.
4.1.6.
				Institutions will not be rewarded with state capital funding if they neglect to
				address facilities maintenance needs or do not prudently manage their capital
				resources.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-5 - Campus Development Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each governing board shall update its
				current campus development plan and submit the updated plan to the Council for
				approval or the Commission for confirmation. A campus development plan shall be
				developed for a ten-year period and shall align with criteria specified in the
				following sources:
5.1.1. The system capital
				development oversight policy;
5.1.2. The institution's approved master plan
				and compact; and
5.1.3. The current
				campus development plan objectives.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-6 - Capital Appropriation Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Council and Commission each shall
				submit a prioritized capital appropriation request annually to the state budget
				office in accordance with state law consisting of major capital projects and
				maintenance projects. The dollar value threshold distinguishing major projects
				from other projects will be set annually by the Council and Commission for
				their respective institutions.
6.2.
				The Council and Commission, and governing boards shall use the following
				process in reviewing and submitting a list of major educational and general
				capital projects so that a prioritized major capital project list, prepared by
				the Commission in conjunction with the Council may be submitted to the state
				budget office by the applicable deadline:
6.2.1. The governing board's major capital
				project list shall be submitted in accordance with timelines established by the
				Council and Commission and include the following items:
6.2.1.a. Projects identified in the governing
				board's approved campus development plan or plans. A project may not be
				included which is not contained in the approved plan, except when extraordinary
				circumstances otherwise warrant;
6.2.1.b. A current estimate of each project's
				estimated cost accounting for inflation since completion of the campus
				development plan and the estimated cost of operation and maintenance and if an
				existing facility, the estimated cost of repair and renovation, if applicable,
				of the facility. The size and scope of the project may not change unless the
				campus development plan has been updated and confirmed or approved as provided
				in accordance with West Virginia Code
§
18B-19-4 and section
				four of this rule; and
6.2.1.c. Any
				additional information required to be provided by the Council and Commission,
				or state budget office.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-7 - Capital Project Financing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commission and governing boards, jointly or singly, may issue revenue bonds for
				capital project financing in accordance with West Virginia Code
§
18B-10-8.
7.2. A
				governing board may seek funding for and initiate construction or renovation
				work only for projects contained in confirmed or approved campus development
				plan.
7.3. A governing board may
				fund capital improvements on a cash basis, through bonding or through another
				financing method that is approved by the Council or Commission.
7.3.1. If the cost of an improvement project
				for an institution subject to oversight by the Council exceeds $1 million, the
				governing board first shall obtain the approval of the Council, as appropriate.
				If the cost of an improvement project for an institution subject to the
				oversight of the Commission and the provisions of this rule exceeds $3 million,
				the governing board shall first obtain the approval of the Commission. In
				determining cost, all dollars associated with the project, whether state or
				private funds, will be calculated. Subject to the provisions of this section,
				the governing board will submit a completed Financial Feasibility Study in the
				format required by the Council or Commission sixty days in advance of the
				deadline for submitting agenda items to the Council or Commission (Appendix
				A).
7.3.2. Each institution will
				establish a Debt Policy to ensure that debt is prudently used to meet the goals
				of institutional strategic and capital plans. The policy will include the
				following components:
7.3.2.a. Debt
				Structure.
7.2.2.b. Debt
				Ratios.
7.2.2.c. Synthetic
				Financial Products.
7.3.3. Prior to approving bonding or any
				alternative financing method, the Council or Commission, as appropriate, shall
				evaluate the following issues:
7.3.3.a. The
				institution's debt capacity and ability to meet the debt service payments for
				the full term of the financing;
7.3.3.b. Compliance with the institution's
				debt policy;
7.3.3.c. The
				institution's capacity to generate revenue sufficient to complete the
				project;
7.3.3.d. The institution's
				ability to fund ongoing operations and maintenance;
7.3.3.e. The impact of the financing
				arrangement on students; and
7.3.3.f. Any other factor considered
				appropriate.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-8 - Capital Project Management

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Council and Commission, and governing boards shall ensure that capital funds
				are spent appropriately and that capital projects are managed effectively.
				Project management shall be conducted in all respects according to sound
				business practices and applicable laws, and rules.
8.2. The Commission shall employ a sufficient
				number of competent facilities staff experienced in capital project development
				and management that is suitable for the number, size and complexity of the
				capital projects being managed. By December 31, 2013, and continuing
				thereafter, at least one employee shall be Leadership in Energy and
				Environmental Design (LEED) certified.
8.3. A governing board under the jurisdiction
				of the commission is exempt from the provisions of subsections 8.5 and 8.6 of
				this rule, and its capital projects management shall be governed by the
				provisions of subsection 8.4 of this section regardless of the rolling five
				year construction expenditures, if it meets each of the following criteria:
8.3.1. Employs at least one Leadership in
				Energy and Environmental Design (LEED) certified administrator; and
8.3.2. Employs at least one Certified
				Facilities Manager (CFM) as credentialed by the International Facility
				Management Association or employs at least one Project Management Professional
				(PMP) as certified by the Project Management Institute.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-9 - Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each governing
				board shall ensure that facilities under its jurisdiction are maintained and
				that a listing of any major deferred maintenance projects is provided annually
				to the Council and Commission.
9.2.
				Each governing board shall strive to invest annually an amount for maintenance
				that is consistent with the building renewal formula developed and approved by
				the Council and Commission and to generate a reserve sufficient to address
				unexpected maintenance needs.
9.3.
				The Council and Commission shall determine whether a governing board is
				devoting sufficient resources for maintenance based on the following criteria:
9.3.1. The amount of maintenance expenditures
				compared to building renewal formula estimates of appropriate expenditures;
				and
9.3.2. Periodic evaluations of
				the conditions of facilities at the institution and its performance and
				effectiveness in maintaining its facilities.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-10 - Higher Education Facilities Information System

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Council and Commission shall
				develop and maintain a higher education facilities information system. The
				higher education facilities information system shall serve as a vehicle for
				carrying out the following functions:
10.1.1.
				Acquisition of statewide data;
10.1.2. Statewide analysis of space use and
				classification based on nationally recognized standards and measurements to
				facilitate comparisons among postsecondary education institutions within the
				state and in the region and nation; and
10.1.3. Other purposes as determined by the
				Council and Commission without burdening or interfering unnecessarily with the
				governance responsibilities which are placed upon the governing
				boards.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-11 - Authorization to Sell Property; Use of Proceeds

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Council, Commission and governing
				boards each may sell all or part of any real property that it owns, either by
				contract or at public auction, and retain the proceeds of the transaction
				provided the following steps are taken:
11.1.1. Providing for property appraisal by
				two independent licensed appraisers. The property may not be sold for less than
				the average of the two appraisals;
11.1.2. Providing notice to the public in the
				county in which the real property is located by a Class II legal advertisement
				pursuant to West Virginia Code §
										59-3-2;
11.1.3. Holding a public hearing on the issue
				in the county in which the real property is located;
11.1.4. For real property with a proposed
				sale price of $50,000 or greater, ten days prior to the placement of the Class
				II legal advertisement, providing written notice to the county commission and
				municipalities in the county in which the real estate property is located and
				all members of the legislature; and
11.1.5. In case of the Commission, notifying
				the Joint Committee on Government and Finance.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-12 - Authorization to Lease-Purchase

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Council and Commission may enter
				into lease-purchase agreements for capital improvements, including equipment,
				on behalf of, or for the benefit of, a state institution of higher education or
				the Council or Commission.
12.2.
				After the Council or Commission has granted approval for a lease-purchase
				agreement, which is $1.5 million or higher for institutions subject to
				oversight by the Commission and $500,000 or higher for those subject to
				oversight by the Council, to a governing board, the board may enter into a
				lease-purchase agreement for capital improvements, including
				equipment.
12.3. A lease-purchase
				agreement constitutes a special obligation of the State of West Virginia. The
				obligation may be met from any funds legally available to the Council,
				Commission or the institution and shall be cancelable at the option of the
				Commission, Council, or governing board at the end of any fiscal year. The
				obligation, or any assignment or securitization of the obligation, never
				constitutes an indebtedness of the State of West Virginia or any department,
				agency or political subdivision of the state, within the meaning of any
				constitutional provision or statutory limitation, and may not be a charge
				against the general credit or taxing powers of the state or any political
				subdivision of the state. The facts shall be plainly stated in any lease-
				purchase agreement.
12.4. A
				lease-purchase agreement shall prohibit assignment or securitization without
				consent of the lessee and the approval of the agreement as to form by the
				Attorney General. Proposals for any agreement shall be requested in accordance
				with the requirements of this section and rules of the Commission. In addition,
				any lease-purchase agreement that exceeds $100,000 total shall be approved as
				to form by the Attorney General.
12.5. The interest component of any
				lease-purchase obligation is exempt from all taxation of the State of West
				Virginia, except inheritance, estate and transfer taxes. It is the intent of
				the Legislature that if the requirements set forth in the Internal Revenue Code
				of 1986, as amended, and any regulations promulgated pursuant thereto are met,
				the interest component of any lease- purchase obligation also is exempt from
				the gross income of the recipient for purposes of federal income taxation and
				may be designated by the governing board or the president of the institution as
				a bank-qualified obligation.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-13 - Authorization to Lease

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Council, Commission and governing boards may lease, or offer to lease, as
				lessee, any grounds, buildings, office or other space in the name of the
				state.
13.2. The Council,
				Commission and governing boards have sole authority to select and to acquire by
				contract or lease all grounds, buildings, office space or other space, the
				rental of which is required necessarily by the Council, Commission or
				institutions.
13.3. Before
				executing any rental contract or lease, the Council, Commission or a governing
				board shall determine the fair market value for the rental of the requested
				grounds, buildings, office space or other space, in the condition in which they
				exist, and shall contract for or lease the premises at a price not to exceed
				the fair market value.
13.4. The
				Council, Commission and each governing board may enter into long-term
				agreements for buildings land and space for periods longer than one fiscal year
				but not to exceed forty years.
13.5. Any lease shall contain, in substance,
				all the following provisions:
13.5.1. The
				Council, Commission or governing board, as lessee, has the right to cancel the
				lease without further obligation on the part of the lessee upon giving thirty
				days' written notice to the lessor at least thirty days prior to the last day
				of the succeeding month;
13.5.2.
				The lease is considered canceled without further obligation on the part of the
				lessee if the Legislature or the federal government fails to appropriate
				sufficient funds for the lease or otherwise acts to impair the lease or cause
				it to be canceled; and
13.5.3. The
				lease is considered renewed for each ensuing fiscal year during the term of the
				lease unless it is canceled by the Council, Commission, or governing board
				before the end of the then current fiscal year.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-14 - Real Property Contracts and Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Except as provided elsewhere in the
				capital projects law, any purchase of real estate, any lease-purchase agreement
				and any construction of new buildings or other acquisition of buildings, office
				space or grounds resulting from these transactions, shall be approved by the
				Council or Commission, and provided to the Joint Committee on Government and
				Finance for prior review, if the transaction exceeds $1 million.
14.2. Notwithstanding any provision of this
				rule to the contrary, any acquisition, bequest, donation or construction of new
				buildings, office space or grounds exceeding $1 million in appraised value or
				requiring $1 million in repairs and renovation or lease payments over the life
				of the lease, made or accepted by an institution's research corporation
				established by §18B-12 of the West Virginia Code or an affiliated
				foundation of an institution under the jurisdiction of the Council, shall
				receive prior approval by the Council.
14.3. The Council, Commission and each
				governing board shall provide the following to the Joint Committee on
				Government and Finance:
14.3.1. A copy of any
				contract or agreement to which it is a party for real property if the contract
				or agreement exceeds $1 million; and
14.3.2. A report setting forth a detailed
				summary of the terms of the contract or agreement, including the name of the
				property owner and the agent involved in the sale.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-15 - Authorization for Sale Lease-Back

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A governing board may sell any building
				that is on unencumbered real property to which the board holds title and may
				lease back the same building if the governing board obtains approval of the
				Council or confirmation of the Commission before incurring any obligation. The
				board shall deposit the net proceeds of the transaction into a special revenue
				account in the State Treasury to be appropriated by the Legislature for the use
				of the institution at which the real property is located. Prior to such action,
				the board shall take the following steps:
15.1.1. Provide for the property to be
				appraised by two licensed appraisers. The board may not sell the property for
				less than the average of the two appraisals; and
15.1.2. Providing notice to the public in the
				county in which the real property is located by a Class II legal advertisement
				pursuant to section two, article three, chapter fifty-nine of this
				code;
15.1.3. Holding a public
				hearing on the issue in the county in which the real property is
				located;
15.1.4. For real property
				with a proposed sale price of $50,000 or greater, ten days prior to the
				placement of the Class II legal advertisement, providing written notice to the
				county commission and municipalities in the county in which the real estate
				property is located and all members of the legislature, and
15.1.5. Retain independent financial and
				legal services to examine fully all aspects of the transaction.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-16 - Construction and Operation of Auxiliary Facilities; Fees for Auxiliary Enterprises

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A
				governing board may provide, construct, erect, improve, equip, maintain and
				operate auxiliary facilities, as defined in section three of this rule for
				students, employees and visitors on land it owns or leases.
16.2. The cost of construction, erection,
				improvement or equipment may be paid with the proceeds of revenue bonds
				authorized by this code or by any other financing method provided in law and
				approved by the Council or Commission. The issuance of revenue bonds is subject
				to the approval of the Council or Commission.
16.3. A governing board may engage experts in
				engineering, architecture and construction and other experts as it considers
				necessary and may specify the payment and contract terms which are included in
				the cost of the project.
16.4. A
				governing board may promulgate and adopt rules and charge fees for use of its
				facilities. The fees and other amounts charged shall be structured so as to
				generate funds sufficient for the following purposes:
16.4.1. To maintain payment of the principal
				of and interest on any revenue bonds, and for reserves for the revenue
				bonds;
16.4.2. To operate the
				auxiliary enterprise;
16.4.3. To
				satisfy annual building renewal formula requirements; and
16.4.4. To build a reserve for major
				renovation or replacement.
16.4.5.
				All moneys collected for the use of auxiliary facilities shall be paid to the
				credit of and expended by the governing board of that institution in accordance
				with West Virginia Code §
										18B-10-13.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-17 - Condemnation Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The
				Council, Commission, and governing boards each may acquire land or buildings by
				condemnation for the use and benefit of any state institution under its
				jurisdiction. A condemnation proceeding conducted pursuant to this section is
				governed by Chapter 54 of the West Virginia Code.
17.2. The Council, Commission, and governing
				boards each may condemn any interest, right or privilege, land or improvement,
				which in its opinion is necessary, in the manner provided by law for the
				acquisition by this state of property for public purposes. The state is under
				no obligation to accept and pay for any property condemned and may pay for the
				property only from the funds provided for that purpose.
17.3. In any proceeding to condemn, the order
				shall be made by the court having jurisdiction of the suit, action or
				proceedings. A bond or other security may be required by the court securing the
				property owner against any loss or damage to be sustained by reason of the
				state's failure to accept and pay for the property. The bond or security may
				not impose liability or debt on or of the state as contemplated by the
				Constitution of the State in relation to state debt.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-12 - Capital Project Management › Section 135-12-18 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The Council
				and Commission shall annually provide a general status report to the
				Legislative Oversight Commission on Education Accountability on the progress
				being made in implementing the state-wide capital development plan and on the
				progress of the governing boards in implementing the objectives of
				institutions' campus development plans. The report will include current and
				proposed projects.
18.2. The
				governing boards shall report to the Council or Commission on an annual basis
				their progress in implementing the objectives of institutions' campus
				development plans. Said reports shall include a copy of the campus development
				plan and their specific progress in meeting the objectives of the plan. For
				objectives not met, the institution shall provide a reasonable timeline to meet
				said objectives and a method to measure their progress in the future toward
				meeting the objectives.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-13 - Change In The Organization Of Colleges Or Schools › Section 135-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a process to change administrative organization within an
				institution.
1.2. Authority. --
				West Virginia Code § 18B-1-6, § 18B-2B-6.
1.3. Filing Date. -- August 26,
				2005.
1.4. Effective Date. --
				September 30, 2005.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-13 - Change In The Organization Of Colleges Or Schools › Section 135-13-2 - Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The governing
				board of an institution may implement changes, without approval of the Council
				in the organization of colleges, or schools, within the institution, for
				organizational efficiency or administrative purposes, but not to implement a
				major new program, service or structure. The president of the institution shall
				inform the Chancellor of any such change at least thirty (30) days prior to its
				implementation. The Council reserves the right to consider and take action, up
				to and including disapproval, on any change which changes the mission of the
				institution or affects the statewide master plan.
2.2. The president's written notification to
				the Chancellor shall confirm that appropriately elected faculty, classified
				employees, student representatives and/or organizations were consulted prior to
				implementing any organizational change to which this provision
				applies.
2.3. The organizational
				changes to which this provision applies do not include staff changes for
				existing positions within the institution or organizational changes below the
				college or school level.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-14 - Holidays › Section 135-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				regarding holidays in the state system of higher education
1.2. Authority. -- W. Va. Code §
									18B-1-6,
				18B-1-3(h)(2)
1.3. Filing Date. -- December 9,
				2019
1.4. Effective Date. --
				January 13, 2019
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-14 - Holidays › Section 135-14-2 - Granting Power

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Council for Community and Technical College Education, (Council),
				hereby directs that the governing board or president of each institution shall
				determine six holidays which will be observed by the employees of that
				institution in addition to the six holidays specified in Section 3.1 of this
				rule.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-14 - Holidays › Section 135-14-3 - Number of Full Holidays

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				number of full holidays shall be twelve, plus additional days for any
				statewide, primary or general election. Specified holidays shall include
				Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day,
				and Martin Luther King's Birthday. Six additional days determined by the
				governing board or president as provided in Section 2.1 shall also be taken. If
				a specified holiday falls on a Saturday or Sunday, the preceding Friday or the
				following Monday will be observed as the legal holiday.
3.2. Proclamation of additional legal
				holidays by the president of the United States, governor, or other duly
				constituted authority may be observed by employees as determined and
				communicated by the president of the institution. The president of the
				institution may determine that any such additional legal holidays shall be
				observed at a future date, if operational needs of the institution require the
				holiday not be observed on the date proclaimed.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-14 - Holidays › Section 135-14-4 - Half Holidays

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. As
				specified in the regulations of the division of personnel for agencies of the
				executive branch of state government, one-half day preceding Christmas or New
				Year's Day shall be a holiday when Christmas or New Year's Day falls on
				Tuesday, Wednesday, Thursday, or Friday.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-14 - Holidays › Section 135-14-5 - Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Holiday
				schedules are to be established and used on a fiscal year basis.
5.2. The president of each institution shall
				prepare a list of holidays to be observed at that institution for the upcoming
				fiscal year and shall assure that the list is posted in appropriate locations
				on campus including, but not limited to, the institution's website.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-15 - Acceptance of Advanced Placement Credit (Repealed) › Section 135-15-1 - General (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-15 - Acceptance of Advanced Placement Credit (Repealed) › Section 135-15-2 - Statement of Principle (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-15 - Acceptance of Advanced Placement Credit (Repealed) › Section 135-15-3 - Guidelines for Acceptance of Advanced Placement Credit (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-15 - Acceptance of Advanced Placement Credit (Repealed) › Section 135-15-4 - Institutional Guidelines (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-15 - Acceptance of Advanced Placement Credit (Repealed) › Section 135-15-5 - Institutional Policy (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Policy regarding the College-Level Examination Program.
1.2. Authority. -- W. Va. Code §
									18B-1-1A§
				18B-2B-c.
1.3. Filing Date. --
				August 26, 2005.
1.4. Effective
				Date. -- September 30, 2005.
1.5.
				Repeals and Replaces. -- Title 128, Series 29, and Title 131, Series
				29.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-2 - Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				regulations shall serve as guidelines for the College-Level Examination Program
				(CLEP) of the College Entrance Examination Board in West Virginia state
				community and technical colleges. The extent to which the program is utilized
				by any institution is a matter of institutional prerogative, but credit awarded
				by an institution in conformity with this policy shall be transferable to all
				West Virginia state colleges and universities. Further, credit shall be awarded
				only once to recognize mastery of course content. Credit shall not be awarded
				for equivalent courses in which students have already earned such credit
				through course work, CLEP, institutional challenge examinations, life
				experience, or other mechanisms.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-3 - Subject Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Students may be awarded credit for the successful completion of any or all of
				the CLEP Subject Examinations presently offered or developed in the future.
				They must achieve a score equal to or above the recommended score of the
				Commission on Educational Credit and Credentials of the American Council on
				Education for CLEP Exams current at the time the examination was taken. Credit
				shall be awarded in an amount not exceeding the number of semesters for which
				the examination was designed. A grade shall not be assigned, and the credit
				will not be included in the computation of the student's grade-point average.
				The institution shall equate the CLEP credit earned with existing course
				offerings. If no equivalent course is offered by the institution, the credit
				earned by CLEP examination shall be considered elective credit. Students shall
				not receive CLEP Subject Examination credit for equivalent courses in which
				they have already earned credit.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-4 - General Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. As
				of the effective date of this policy, an institution may award credit within
				the limits indicated below:
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4.2.
				It should be made clear to students that such credit in general education may
				not meet specific program requirements of the institution awarding the credit
				or of other institutions to which the student may later transfer. The credit
				shall then be used as elective credit. Students shall not receive CLEP General
				Examination credit for equivalent courses in which they have already earned
				credit.
4.3. An institution
				awarding credit through CLEP may establish scores higher than specified above
				for Subject and General Examinations if it is established that the higher
				scores equate to a satisfactory level of performance by students actually
				enrolled in the equivalent course(s) at that institution.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-5 - Academic Record

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				permanent academic record of the student shall indicate which credit was earned
				by CLEP examination.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-6 - Enrollment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Students must
				be enrolled in an institution in order to receive credit from the institution.
				Students who have taken CLEP examinations prior to enrollment must submit an
				official CLEP transcript.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-16 - College-Level Examination Program › Section 135-16-7 - Review

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Academic
				Advisory Committee shall review these regulations periodically.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-17 - Transferability of Credits and Grades at West Virginia Public Colleges and Universities › Section 135-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes guidelines for the transferability of credits and grades at
				West Virginia public and private post-secondary colleges and
				universities.
1.2. Authority. --
				West Virginia Code §§ 18B-1-6, 18B-2B-6, 18B-14-2.
1.3. Filing Date. -- October 26,
				2015
1.4. Effective Date. --
				November 30, 2015
1.5. Repeal of
				Former Rule. -- Repeals and replaces Title 135, Series 17 which had an
				effective date of March 13, 2015
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-17 - Transferability of Credits and Grades at West Virginia Public Colleges and Universities › Section 135-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Private higher
				education institutions. Post-secondary institutions which have been state
				approved to operate in West Virginia but are not public higher education
				institutions.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-17 - Transferability of Credits and Grades at West Virginia Public Colleges and Universities › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-18 - Assignment Of Academic Credit And Financing Noncredit Instruction › Section 135-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule governs assignment of academic credit and financing noncredit
				instruction.
1.2. Authority. West
				Virginia Code §
									18B-2B-6
1.3. Filing Date. August 24,
				2016.
1.4. Effective Date.
				September 26, 2016.
1.5. Repeal of
				Former Rule. -- Repeals and replaces Title 135, Series 18 which had an
				effective date of January 12, 2006.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-18 - Assignment Of Academic Credit And Financing Noncredit Instruction › Section 135-18-2 - Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All courses
				and classes offered for academic credit must be acceptable toward an associate
				degree, certificate program and/or the institutionally-adopted general
				education program(s) as set forth in the college catalog(s) as approved by the
				institutional governing board, and if required, also approved by the Council
				for Community and Technical College Education. Courses and classes offered by
				an institution in a partnership arrangement with another West Virginia public
				state college or university must also count for academic credit toward a degree
				or certificate program(s) at the receiving institution.
2.2. Two exceptions may be made to this
				general policy:
2.2.a. Those courses offered
				for remedial purposes in the basic academic skills areas (foundation
				programs);
2.2.b. Certain
				specialized courses designed to meet the continuing education needs of public
				and private school personnel.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-19 - Dual Enrollment Pilot Program › Section 135-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule details the responsibilities of West Virginia's public community and
				technical colleges regarding the dual enrollment pilot program in matters of
				curriculum, selection of faculty, quality control, admission, setting tuition
				and fees, and reporting requirements.
1.2. Authority. West Virginia Code §
									18B-14-4(d).
1.3. Filing Date. February 27, 2024
1.4. Effective Date. February 27,
				2024
1.5. Sunset Date. - This rule
				shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-19 - Dual Enrollment Pilot Program › Section 135-19-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The dual
				enrollment pilot program is designed to help high school students earn college
				and high school credits at the same time by taking courses from the State's
				public institution of higher education. The purpose of this program is to
				promote rigorous academic pursuits while providing more opportunities for high
				school students to obtain college credit prior to high school
				graduation.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-19 - Dual Enrollment Pilot Program › Section 135-19-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unless the
				context in which used clearly requires a different meaning, the definitions
				contained in W. Va. Code §§
									18B-1-2 and
				18B-14-4(a)
				apply to this rule in addition to the definitions set forth below.
3.2. "Accreditation" means a status attained
				by the community and technical college through voluntarily meeting standards
				established by a nongovernmental entity recognized by the U.S. Department of
				Education to assess and evaluate the quality of the instruction and its
				programs. In this rule, such entity is referred to as "accreditor."
3.3. "Chancellor" means the chief executive
				officer of the West Virginia Council for Community and Technical College
				Education employed pursuant to W. Va. Code §
									18B-2B-3 or his or her
				designee.
3.4. "Fees" means the
				costs charged by the institution of higher education for the enrollment
				application, activities required by the institution that may enhance a
				student's likelihood of academic success, or course-related or laboratory
				fees.
3.5. "Secondary school" or
				"high school" includes traditional public or private high school, charter
				school, home school, learning pod, microschool, or other educational program
				authorized by the Legislature that encompasses education commonly received in
				grades 9 through 12.
3.6. "State
				Board" means the West Virginia Board of Education created by W. Va. Const. Art.
				XII, § 2 and defined in W. Va. Code §
									18-1-1.
3.7. "State Superintendent" means the State
				Superintendent of Free Schools as defined in W. Va. Code §
									18-1-1 or his or her
				designee.
3.8. "Textbooks" include
				traditional books, digital courseware, course material, and open educational
				resources as defined in W. Va. Code §§
									18B-10-14 and
				18B-10-14a
				respectively.