reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-01 - Certificate Definitions › Section 132-1-3 - Technical Certificate Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An adult
				full time vocational-techni­cal education program offered by local
				boards of educa­tion which contain spe­cific academic
				requirements and technical competencies appro­priate to meet current
				workplace objec­tives. Some or all of the technical certifi­cate
				programs may be considered for articulation with community college programs
				leading to a two-year associate degree.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-01 - Certificate Definitions › Section 132-1-4 - Occupational Certificate Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A full
				time vocational education program offered by local boards of education
				lead­ing to a certificate of compe­tence. Occu­pational
				certifi­cate programs are freestanding and designed to meet current
				workplace objec­tives and/or employment opportunities. Pro­grams
				are available for both adult and second­ary students.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-02 - Program Approval Process › Section 132-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- As submitted in its First
				Annual Report to the Legislature, December 1, 1989, the Joint Commission's goal
				is to standardize and streamline the current review and approval processes for
				vocational-technical-occupational programs as much as possible.
1.2. Authority. -- W. Va. Code '18-2B-2(b).
1.3. Filing Date -- December 4,
				1995.
1.4. Effective Date --
				January 3, 1996.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-02 - Program Approval Process › Section 132-2-2 - Standard Length Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A
				proposal for a new adult occupational or adult technical preparatory
				certificate program as defined in 18B-3A-1b of the West Virginia Code will be
				developed at a comprehensive high school, vocational-technical center or
				community and technical college.
2.2. The proposal is submitted to the
				District Consortia Committee for review and endorsement. Discussion of the
				proposal's merits should include regional needs, consistency with the schools'
				mission, the efficient use of available resources and articulation agreements.
2.2.1. If the proposal is endorsed at the
				regional level, it is forwarded along with a completed program approval review
				form to the appropriate state board via the Assistant State Superintendent for
				Technical and Adult Education or the Vice Chancellor for Community and
				Technical College Education.
2.2.2.
				If the proposal is NOT endorsed at the regional level, it may still be
				submitted along with the program approval review form to the next level at the
				discretion of the proposing institution.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-02 - Program Approval Process › Section 132-2-3 - Short-Term Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				variety of programs which are short-term in nature are offered by both the
				board of education system and the community college system. These include part
				time adult occupational and technical programs, continuing education and
				contracted instruction for business and industry.
3.2. In order to be responsible to the needs
				of business and industry, the education systems must be able to develop and
				implement programs and courses on very short notice. It is the commission's
				intention to adopt a set of criteria for short-term programs and rely heavily
				on staff review and documentation of compliance.
3.3. The staff work is to be submitted to a
				three-member committee of the Joint Commission for immediate approval. Such
				approval may of necessity be retroactive in some instances. In this regard, the
				Joint Commission urges frequent communications at the regional level between
				the board of education and community college systems to make the most efficient
				use of both facilities and staff.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-02 - Program Approval Process › Section 132-2-4 - Joint Commission Review Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				program proposed meets the needs of the local region, fits into the overall
				State Plan and is not unnecessarily duplicative.
4.2. The program is accessible as possible to
				all, including handicapped and disadvantaged individuals.
4.3. The program is designed to facilitate
				academic progression from one level to another, recognizing that an educational
				continuum is a necessity in an ever-changing world.
4.4. Consideration of the extent to which
				articulation agreements facilitate the maximum use of resources.
4.5. Consideration of the involvement of
				local employers and labor organizations and utilization of such groups as the
				regional Partnerships for Progress Councils and others.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-02 - Program Approval Process › Section 132-2-5 - Program Approval Review

Current through Register Vol. XLI, No. 28, July 12, 2024
Submitting Agency Administrator Program Title
DCC Administrator Date
Y N 1. The proposed program was discussed by the District
				  Consortium Committee (DCC), based on the criteria in the West Virginia Joint
				  Commission for Vocational-Technical-Occupational Education Policy 132.2.
				  2.
Y N 2. The DCC endorses the program.
Y N 3. The DCC certifies that:
a. It meets the needs of the local region,
				fits into the overall State Plan and is not unnecessarily
				duplicative.
b. It is as accessible
				as possible to all, including handicapped and disadvantaged
				individuals.
c. It is designed to
				facilitate academic progression from one level to another.
d. Articulation agreements facilitate the
				maximum use of resources.
e. There
				is documented involvement of the appropriate local employers, labor
				organizations and economic development groups.
Y N 4. The DCC DOES NOT endorse the proposed program.
Y N 5. The submitting agency requests state level
				  review.
COMMENTS:
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-01 - Performance Indicators › Section 133-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				West Virginia Higher Education Policy Commission, (hereinafter referred to as
				the Commission) consistent with the provisions of W. Va. Code §
									18B-1A-2, hereby adopts
				the following performance indicators that are recommended for use in measuring
				the degree to which the strategic issues, goals, and objectives (benchmarks) in
				the institutional compacts and masterplans are being met.
1.2. Authority. -- W. Va. Code §
									18B-1A-2.
1.3. Filing Date. -- April 9, 2002.
1.4. Effective Date. -- April 9,
				2002.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-01 - Performance Indicators › Section 133-1-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. It is the
				purpose of this rule to set forth the performance indicators that are
				recommended for use in measuring the degree to which the strategic issues,
				identified in the higher education statewide plan are being met.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-01 - Performance Indicators › Section 133-1-3 - Performance Indicators

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Use of
				Performance Indicators
3.1.1. The performance
				indicators should provide a clear documentation of progress toward the goals
				established in the statewide plan.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-01 - Performance Indicators › Section 133-1-4 - Clarification and Definitions of New Measures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. During calendar year 2002, the Higher
				Education Policy Commission in cooperation with the institutions, will develop
				detailed definitions and reporting procedures for data elements not currently
				attainable.
4.2. The Higher
				Education Policy Commission will report to LOCEA prior to the 2003 legislative
				session on the results of the activities in 4.1
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-01 - Performance Indicators › Section 133-1-5 - Guidelines for Collection and Reporting of Data

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When possible, performance indicators
				for West Virginia institutions shall be generated from the unit record student,
				registration, course, and personnel files collected by the Commission. When
				possible, peer institution data should be obtained from IPEDS electronic files
				maintained by the National Center for Education Statistics (NCES) or from
				audited financial statements in the case of financial statistics.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-02 - Performance-Based Funding Formula › Section 133-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This rule governs development, implementation, and administration of the
				performance-based funding formula for West Virginia public four-year colleges
				and universities.
1.2. Authority. -
				W. Va. §
									18B-1B-4(a)(2).
1.3. Filing Date. - March 1, 2023.
1.4. Effective Date. - April 1,
				2023.
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on April 1,
				2028.
1.6. Repeal and Replace. -
				This legislative rule repeals and replaces Title 133CSR2 filed June 7, 2001 and
				effective July 1, 2001.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-02 - Performance-Based Funding Formula › Section 133-2-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				purpose of this rule is to define the parameters governing the establishment
				and administration of a performance-based funding formula (funding formula or
				formula) to be used in the development of annual base budget requests,
				beginning with the 2024 fiscal year budget cycle, for Bluefield State
				University, Concord University, Fairmont State University, Glenville State
				University, Marshall University, Potomac State College of West Virginia
				University, Shepherd University, West Liberty University, West Virginia State
				University, West Virginia University, and West Virginia University Institute of
				Technology.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-02 - Performance-Based Funding Formula › Section 133-2-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				"Academically Underprepared Student" means a West Virginia resident student,
				pursuing an associate or bachelor's degree, who has at least one of the
				following risk factors:
3.1.1. Cumulative high
				school grade point average below 2.50; or
3.1.2. Admitted to the institution based on
				standardized test scores (ACT, SAT, or ACCUPLACER) that would qualify the
				student for developmental or remedial placement in mathematics or English based
				on placement criteria established by 133 C.S.R. 21,
Freshman Assessment
				and Placement Standards
.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-02 - Performance-Based Funding Formula › Section 133-2-4 - Formula Development, Implementation, and Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Chancellor shall develop, in consultation with the Funding Formula Advisory
				Committee, as defined in section 4.3 of this Rule, a funding formula for public
				four-year institutions that will serve as a broad framework for efforts to
				improve student outcomes and institutional efficiency. The Commission shall use
				the funding formula to determine the annual base budget request for each
				institution, beginning with the fiscal year 2024 budgeting cycle. The formula
				shall, at a minimum:
4.1.1. Apply to thirty
				percent (30%) of each institution's base appropriation, referred to herein as
				the Outcomes-Based Funding Pool;
4.1.2. Set aside seventy percent (70%) of
				each institution's base appropriation, referred to herein as the Base Operating
				Budget, which shall be exempt from outcomes-based funding
				calculations;
4.1.3. Hold
				institutions accountable for increasing the educational attainment levels of
				West Virginia citizens by addressing the State's economic development and
				workforce needs and promoting increased degree production, with a particular
				emphasis on degrees awarded in academic programs aligned with State Priority
				Fields;
4.1.4. Acknowledge the
				unique mission of each institution;
4.1.5. Be based on a set of objective
				performance metrics that reflect and support the State's higher education goals
				and priorities;
4.1.6. Incorporate
				safeguards to ensure stability of the funding formula, including, but not
				limited to:
4.1.6.a. A Hold Harmless
				Provision; and
4.1.6.b. To the
				extent possible, employment of a three-year rolling average for all data
				metrics; and
4.1.7.
				Apply an annual inflation adjustment, calculated utilizing the Higher Education
				Price Index, to each institution's Base Operating Budget, Outcomes-Based
				Funding Pool, and the system-wide rate per weighted outcome.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-02 - Performance-Based Funding Formula › Section 133-2-5 - Formula Calculations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The funding
				formula shall operate on a five-year cycle, beginning with fiscal year 2024
				budgeting cycle.
5.2. Benchmarking
5.2.1. In the first year of each funding
				cycle, abbreviated herein as year zero (y0), the
				Commission shall establish baseline values for each metric based on an average
				of the three most recent full academic years of available data. The baseline
				data shall provide a basis of comparison upon which institutional performance
				shall be gauged in subsequent years of the funding cycle (years one through
				four).
5.2.2. In each year
				following y0, each institution's recommended funding
				level shall be calculated based on the increase or decrease of the
				institution's total outcomes score as compared to the y0
				benchmark value.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth an accountability system for West Virginia public higher
				education institutions under the jurisdiction of the West Virginia Higher
				Education Policy Commission (Commission).
1.2. Authority. -- W. Va. Code §
									18B-1-1a,
				§
									18B-1-6, §
									18B-1B-4,
				§
									18B-1D-1,
				and §
									18B-1D-8.
1.3. Filing Date. -June 2, 2020.
1.4. Effective Date. -July 2, 2020.
1.5. Sunset Date. -- This rule shall
				terminate and have no further force or effect upon July 2, 2025.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				describes the responsibilities of the Commission and public higher education
				institutions under its jurisdiction to West Virginia taxpayers for the
				performance of the state public higher education system.
2.2. The rule sets forth an accountability
				system for the Commission and institutions under its jurisdiction.
2.3. The rule defines requirements for a
				public reporting system that facilitates the dissemination of higher education
				accountability data through internet-based data tools and published reports. At
				a minimum, the public reporting system must:
2.3.1. Provide thorough and consistent data
				and other relevant information to be used in assessing progress of the
				Commission and its member institutions toward the goals and objectives as
				stated in W. Va. Code §
										18B-1-1a;
2.3.2. Provide a basis for comparing
				institutional and system performance with regional and national norms toward
				accomplishing the goals and objectives as stated in W. Va. Code §
										18B-1-1a;
2.3.3. Provide information to assist the
				Commission in assessing institutional and system progress toward statewide and
				institutional higher education goals;
2.3.4. Provide additional information to
				assist the Commission in assessing institutional and system progress relative
				to historical, regional, and national trends;
2.3.5. Serve students, parents, faculty,
				staff, state policymakers and the public as a neutral and credible source of
				information about the overall quality and performance of public higher
				education in West Virginia.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				"Accountability System." All research, reports, documents, data and any other
				materials, the collection, analysis and dissemination of which are necessary to
				accomplish the purpose of this rule. The system includes goals, objectives and
				priorities, public policy agendas, implementation plans, institutional mission
				statements and master plans, the statewide annual report, and the statewide
				data reporting system.
3.2. "Goal."
				A long-term public purpose that is a desired and expected result for which
				public higher education is established.
3.3. "Higher Education Institution" or
				"Institution." Bluefield State College, Concord University, Fairmont State
				University, Glenville State College, Marshall University, Shepherd University,
				West Liberty University, West Virginia School of Osteopathic Medicine, West
				Virginia State University, and West Virginia University, including Potomac
				State College and West Virginia University Institute of Technology.
3.4. "Key Performance Indicator." A
				quantifiable measure used to evaluate the success of an organization in meeting
				objectives for performance.
3.5.
				"Objective." End to be accomplished or attained within a specified period of
				time for the purpose of meeting established goals.
3.6. "Priority." The order in which
				objectives are to be addressed for the purpose of achieving state
				goals.
3.7. "State Compact." A
				formal written agreement between the Commission and at least one other external
				entity to achieve state goals and objectives where significant collaboration
				and commitment of resources between the partners to the agreement is required
				in order to achieve the desired results.
3.8. "Statewide Annual Report." A report or
				series of reports that outlines significant trends, identifies major areas of
				concern, and assesses the progress of Commission and the institutions under its
				jurisdiction toward achieving state, system or institution goals or
				objectives.
3.9. "Statewide Data
				Reporting System." A collection of information management tools that provide
				public access to data on the performance of the Commission and institutions
				under its jurisdiction.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-4 - General Guidelines for Data Collection and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following will guide the further
				development of the existing higher education database and the collection of
				data which will comprise the Statewide Data Reporting System and the Statewide
				Annual Report:
4.1.1. All data reported will
				be based on uniform and consistent definitions as established by the
				Commission.
4.1.2. Institutional
				requirements for additional record keeping and reporting will be
				minimized.
4.1.3. Data element
				collection procedures and report timelines will be established by the
				Commission.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-5 - Key Performance Indicators and Goal Setting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For the institutions under its
				jurisdiction, and not the exempted schools, the Commission shall adopt a set of
				key performance indicators to measure institutional and system progress toward
				achieving state, system and institutional objectives. These indicators will
				focus on institution- and system-level performance in the areas of finance,
				admissions, enrollment, academics, student outcomes, and other areas as deemed
				appropriate by the Commission.
5.2.
				In cooperation with the institutions under its jurisdiction, the Commission
				shall set state, system and institutional goals for each of the adopted key
				performance indicators.
5.3. Higher
				education central office staff shall develop and update at least annually a
				public internet-based data tool that will display system and institutional
				progress toward meeting established goals.
5.4. Higher education central office staff
				shall present an annual report to the Commission about progress made toward
				meeting established goals.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-6 - Statewide Annual Report and Statewide Data Reporting System

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Purpose.
6.1.1. A primary purpose of the statewide
				data reporting system and statewide annual report is to make information
				available to students, parents, faculty, staff, state policymakers and the
				public on the quality and performance of public higher education.
6.1.2. A primary purpose of the statewide
				annual report is to provide a mechanism to evaluate the annual progress of the
				Commission and institutions under its jurisdiction in achieving state and
				system goals and objectives.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-7 - Health Sciences and Rural Health Data Collection and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In addition to applicable information
				required by Section 4 of this rule, each health sciences school shall be
				responsible for ensuring that all requested information is submitted to the
				Vice Chancellor for Health Sciences.
7.2. The Vice Chancellor for Health Sciences
				shall make available to the public through the Statewide Data Reporting System
				or through the annual Health Sciences Report Card information specific to each
				of the state's health sciences schools, including:
7.2.1. Historical trend information for
				medical students, tuition and fees, specialization of graduates, passage rates
				on licensing examinations, and in-state retention of graduates.
7.2.2. The number and dollar value of loans
				made through the medical student loan program as well as default rates for the
				most recent year.
7.2.3. The
				number and dollar value of aid awarded through the Health Sciences Service
				Program for the most recent year.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-03 - Higher Education Accountability System › Section 133-3-8 - State Compacts

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commission may identify important state and system goals, objectives and
				priorities that it and institutions under its jurisdiction acting alone will be
				unable to accomplish. In such cases, the Commission may authorize the
				Chancellor to enter into state compacts, or contracts, with external
				entities.
8.2. In determining
				whether a state compact may be appropriate, the Chancellor shall consider:
8.2.1. Whether significant collaboration with
				an external entity or entities is necessary or advantageous to increase the
				likelihood of accomplishing a goal, objective or priority;
8.2.2. Whether an external entity or entities
				would need to make a significant commitment of resources to accomplish a goal,
				objective or priority; and
8.2.3.
				Whether an external entity or entities is/are receptive to entering into a
				state compact.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. Rule
				establishing process for adoption, amendment, or repeal of rules and posting
				and publication of rules and administrative procedures by state institutions of
				higher education under the jurisdiction of the West Virginia Higher Education
				Policy Commission (Commission).
1.2. Authority. West Virginia Code §
									18B-1-6(c)(3).
1.3. Filing Date. August 28, 2018.
1.4. Effective Date. September 28,
				2018.
1.5. Repeals and replaces
				previous Series 4 dated April 19, 2013.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Rule. Any
				regulation, guideline, directive, standard, statement of policy or
				interpretation of general application which has institution-wide effect or
				affects the rights, privileges or interests of employees, students or citizens.
				The following are not rules:
2.1.a.
				Regulations, guidelines or policies established for individual units,
				divisions, departments or schools of the institution that deal solely with the
				internal management or responsibilities of a single unit, division, department
				or school; or
2.1.b. Academic
				curricular policies that do not constitute a mission change for the
				institution.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				shall apply to the adoption, amendment, or repeal of any rule by a governing
				board of any public higher education institution under the Commission's
				jurisdiction, as well as to the posting and publication of rules and
				administrative procedures.
3.2. A
				governing board may not delegate responsibility for approving a rule to the
				President.
3.3. The Chancellor
				shall periodically advise institutions of topics that should be dealt with only
				through the rule-making process. If the governing board or President of an
				institution is unsure whether the rulemaking process must be used, the
				governing board or President shall seek guidance from the Chancellor or his/her
				designee.
3.4. Each institution's
				governing board shall adopt a rule that outlines the rulemaking process at that
				institution pursuant to this rule and West Virginia Code.
3.5. No rule shall be adopted, amended, or
				repealed by a governing board without the appropriate provisions in this rule
				and its own rule on rules being met.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-4 - Rulemaking Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Consultation. Institution officers are encouraged to consult with interested
				groups before presenting a proposed rule to the governing board for
				consideration.
4.2. Approval of
				Proposed Notice and Rulemaking. If a governing board determines that a rule
				concerning a subject matter under the governing board's jurisdiction should be
				adopted, amended, or repealed, the governing board shall approve a notice of
				proposed rulemaking. A notice of proposed rulemaking shall include:
4.2.a. A brief description of the subject
				matter of the rule, an explanation of how comments will be received, the
				deadline for receiving comments, and contact information for the person who has
				been designated to receive comments; and
4.2.b. A copy of the proposed rule if
				adoption or amendment is proposed or a copy of the current rule if repeal is
				proposed.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-5 - Posting and Publication of Approved Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Approved rules shall be posted
				prominently at a location or locations identified in the institution's rule on
				rules, as well as on the institution's website, and copies shall be made
				available at no cost to any requester.
5.2. Approved rules shall be enumerated in a
				manner that makes them easily identifiable.
5.3. No later than October 1 of each year,
				each institutional governing board shall file with the Commission a list of all
				institutional rules that were in effect on the first day of July of that year,
				as well as a list of institutional rules repealed during the preceding year.
5.3.a. For each rule listed, the governing
				board shall identify the most recent date on which each rule was adopted,
				amended or repealed.
5.3.b. The
				list shall include a statement by the chair of the governing board certifying
				that the governing board complied with the provisions of West Virginia Code
				§
										18B-1-6 and this rule
				when each rule was adopted.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-6 - Emergency Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In the
				case of an emergency, a governing board of a non-exempted school may adopt,
				amend, or repeal a rule without first following the procedure set out in this
				rule. An exempted school's governing board shall include any such authority in
				its own rule on rules.
6.2. For the
				purpose of this section, an emergency exists when the adoption, amendment, or
				repeal of a rule is necessary for the immediate preservation of the public
				peace, health, safety or welfare, or is necessary to comply with a time
				limitation established by state or federal law or regulation or a directive or
				rule of the Commission, or to prevent substantial harm to the public interest,
				or to deal with financial exigency. The facts constituting an emergency shall
				be communicated in writing in advance to the Chancellor, who shall disapprove
				the action of the governing board if the Chancellor, or his/her designee,
				disagrees that an emergency existed.
6.3. Any emergency rule shall remain in
				effect no longer than three (3) months and shall expire unless a final rule has
				been approved under the normal process set out in this rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-7 - Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. This
				rule contains no restrictions on the adoption, amendment or repeal of
				administrative procedures. A governing board, however, is free to impose
				restrictions on this process.
7.2.
				The institution shall post administrative procedures prominently at places
				where those subject to the administrative procedures are likely to see
				them.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-04 - Rules and Administrative Procedures › Section 133-4-8 - Enforceability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any
				institution rule that fits within the definition contained in Section 2.1 of
				this rule, but which has not previously been adopted by a formal vote of the
				governing board, must be adopted, amended or repealed by the governing board on
				or before July 1, 2006, or it shall be void and may not be enforced.
8.2. Any institution rule adopted, amended or
				repealed after the effective date of this rule in a manner inconsistent with
				the provisions of this rule shall be void and may not be enforced.
8.3. Any institution rule or policy statement
				not posted in a manner consistent with the provisions of this rule may not be
				enforced.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-05 - Guidelines for Governing Boards in Employing and Evaluating Presidents › Section 133-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule applies to the search for, hiring, employment, and evaluation of
				presidents by governing boards of the public four-year institutions of higher
				education that are not administratively exempt pursuant to W. Va. Code §
									18B-1-1f or statutorily exempt
				pursuant to W. Va. Code §
									18B-1B-4(a)(15).
1.2. Authority. -- W. Va. Code §
									18B-1B-6(d).
1.3. Filing Date. -- February 29,
				2024.
1.4. Effective Date. -- March
				29, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-05 - Guidelines for Governing Boards in Employing and Evaluating Presidents › Section 133-5-3 - Presidential Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Commission
				shall approve the total compensation package from all sources for a president
				or an interim president when the president or the interim president is
				initially hired and whenever the governing board proposes any subsequent
				changes in the president's or the interim president's total compensation
				package.
3.2. A president is a will
				and pleasure employee of the governing board. The terms of presidential
				contracts shall be based on the fiscal year (i.e., June 30 to July 31); those
				contracts exceeding a term of one fiscal year shall conform to the following:
3.2.1. An initial term of employment as
				president may not exceed two years, so that the contract expires on June 30 of
				the next following fiscal year. After the initial contract, the governing board
				may offer contracts of up to five years. A president assigned to an alternative
				position during a guaranteed term of employment shall perform substantive
				duties on behalf of the institution in order to collect his or her
				salary.
3.2.2. All contracts with a
				term greater than one fiscal year shall be conditioned upon availability of
				funding.
3.2.3. A governing board
				may agree to reasonable notice of the president's intent not to renew a
				contract. For purposes of this section, "reasonable notice" is a period of time
				that does not exceed one year but may be increased up to two years after five
				years of service by the president.
3.2.4. Provisions in contracts existing on
				the effective date of this rule that are inconsistent with this rule may remain
				in effect at the discretion of the governing board unless the provisions are in
				violation of the statute.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-05 - Guidelines for Governing Boards in Employing and Evaluating Presidents › Section 133-5-4 - Compensation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Commission shall approve the total compensation of a president, from all
				sources, before the compensation becomes effective. Forms of compensation which
				require prior approval include: annual salary derived from whatever funding
				source, deferred compensation, and housing or vehicle allowances. The governing
				board may require approval of other compensation such as non-State funded
				discretionary funds, compensation from other employment or for service on a
				corporate board of directors, and payment of dues or assessments for membership
				in non-professional related clubs or associations. The governing board shall
				report to the Chancellor any such compensation received by the president. If
				the governing board and the president are seeking approval of deferred
				compensation, the institution shall submit an actuarial report to the
				Commission detailing the present cash value of the deferred compensation and
				conditions for eligibility or receipt of the deferred compensation.
4.2. The governing board shall base the
				president's total salary from all funding sources on a comparison of the
				presidential salaries at comparably sized State institutions of higher
				education with similar missions, or other national data sources which may be
				utilized by the governing board, as appropriate, to establish salary
				ranges.
4.3. If the governing board
				and the president are seeking Commission approval of a presidential salary
				increase in a percentage in excess of the average percentage salary increase
				for all personnel at that institution within the last calendar year the
				governing board shall submit to the Commission its detailed rationale
				justifying the increase. If the percentage increase is exactly in the ratio of
				compensation increases allocated to all institutional employees, the governing
				board shall notify the Commission of the increase, but the Commission is not
				required to approve or confirm it.
4.4. If an institution provides a president a
				housing allowance instead of housing, the housing allowance may not be
				considered part of the president's base salary for the purposes of Section 4.2
				above.
4.5. Annually, the
				Chancellor shall make available to the governing boards and Commission the most
				recent College and University Professional Association for Human Resources
				(CUPA-HR) or other comparable salary data applicable to their
				institutions.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-05 - Guidelines for Governing Boards in Employing and Evaluating Presidents › Section 133-5-5 - Presidential Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each governing
				board shall conduct a formal and structured written performance evaluation of
				the institution's president every third year of the president's employment. The
				governing board shall evaluate the president's performance in relation to the
				duties and responsibilities assigned to the president by the governing board,
				the success of the institution in meeting each requirement of its institutional
				compact, and any other criteria previously established by the governing
				board.
5.2. The governing board
				shall appoint a committee of its own members, a visiting team, or any
				combination thereof, and utilize institutional personnel including faculty,
				staff, and students, as well as persons who are knowledgeable of higher
				education matters to assist in its evaluation of the president.
5.3. The governing board committee, visiting
				team, or other body chosen by the governing board shall visit the campus to
				receive the views of the president, governing board members, administrators,
				faculty, classified employees, non-classified employees, students, alumni, and
				community leaders. The governing board or its designee shall arrange a schedule
				of interviews, meetings, and open forums that will assure a careful assessment
				of leadership and condition of the campus.
5.4. The governing board shall use the report
				of its committee, visiting team, or other body chosen by the governing board to
				assist in its own written evaluation of the president. The governing board's
				evaluation shall be reported to the president of the institution, the
				Chancellor, and the Chair of the Commission.
5.5. The Chancellor shall provide the
				governing boards, upon request, with evaluative tools, guidelines, and
				procedures recommended for the assessment and evaluation of college and
				university presidents and provide any assistance requested by a governing board
				in performing the evaluations set out in this rule.
5.6. The governing board shall conduct a
				written evaluation at the end of the initial contract period. In addition to
				the formal and structured evaluation every three years and at the end of the
				initial contract period, the governing board shall conduct a written yearly
				evaluation of the president in a manner and form decided by the governing
				board.
5.7. The Commission shall
				not approve any request for an increase in compensation of a president prior to
				receiving an evaluation of that president for the year immediately preceding
				the requested increase.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes guidelines and procedures which will direct the operation
				of the Higher Education Adult Part-time Student Grant Program, hereinafter
				referred to as HEAPS.
1.2.
				Authority. -- W. Va. Code §
									18C-5-7(e).
1.3. Filing Date. -- February 29,
				2024.
1.4. Effective Date. -- March
				29, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force of effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which used clearly requires a different meaning, the definitions
				contained in W. Va. Code §§
									18B-1-2 and
				18C-5-7 apply to this rule in
				addition to the definitions set forth below:
2.2. "Free Application for Federal Student
				Aid" or "FAFSA" means the form provided by the U.S. Department of Education and
				completed by current and prospective college students to determine their
				eligibility for student financial aid.
2.3. "HEAPS Part-Time program" means the
				grant awarded to students who demonstrate financial need and who desire to
				continue their education at the postsecondary level on a part-time
				basis.
2.4. "HEAPS Workforce
				program" means the grant awarded to:
2.4.1.
				Students who demonstrate financial need and who are enrolled in short-term
				training programs of 12 months or less in a postsecondary certificate,
				industry-recognized credential, or other skill development programs in a demand
				occupation in the State; and
2.4.2.
				Community and technical colleges for noncredit and customized training
				programs.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-3 - Funding

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For the
				HEAPS Part-time Grant, up to 65 percent of each year's appropriation shall be
				allocated to eligible institutions as defined in W. Va. Code §
									18C-5-7(b)(4)
				based on prior year part-time enrollment at said institutions. The Vice
				Chancellor shall distribute the pro-rated share of funds directly to the
				individual institution.
3.1.1. The Vice
				Chancellor for Administration may redistribute to eligible institutions
				uncommitted funds within an award year.
3.1.2. Any funds not expended by the
				institution at the end of each fiscal year shall be returned to the Vice
				Chancellor for Administration for distribution in subsequent years.