SCHEDULE

MEETING OF THE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

December 15, 2004

Marshall University Graduate College South Charleston, West Virginia

12:30 P.M. Academic Policy Committee 3rd Floor Thomas Board Room

Finance Committee 3rd Floor Room 319

*2:00 P.M. Full Commission Meeting 3rd Floor Room 319

* Time approximate, depending upon length of committee meetings

Academic Policy Committee: Finance Committee: Kay Goodwin, Chair man Terry Sammons, Chairman Richard Adams Elliot Hicks R. Ken Hall Michael Garrison Nelson Robinson J. Thomas Jones David Stewart

Mary Clare Eros, Chairman MEETING OF DECEMBER 15, 2004

Marshall University Graduate College South Charleston, West Virginia

AGENDA

I. Call to Order

II. Oath of Office for Richard Adams

III. Approval of Minutes ...... pg 1

IV. Academic Policy Committee

A. Consent Agenda

1. Approval of EPSCoR Funding Awards for the SURE and STEM Programs for FY 2005...... pg 17

2. Report on Low Enrollment Introductory Course Sections...... pg 29

B. Approval of Series 23, Standards and Procedures for Undergraduate Admissions at Four- Year Colleges and Universities ...... pg 35

C. Draft of Series 17, Transferability of Credits and Grades at the Undergraduate Level ...... pg 45

D. Report on Licensing and Oversight of Institutions Providing Post-secondary Education in West Virginia ...... pg 49

E. Approval of Master of Arts in Teaching at Shepherd University ...... pg 90

F. Approval of Master of Business Administration at Shepherd University...... pg 110

G. Approval of Master of Music at Shepherd University...... pg 135

V. Finance Committee

A. Consent Agenda

1. Great West Retirement Funds...... pg 150

2. Approval of Supplemental Funding Allocation for Special Projects...... pg 151

3. Legislative Audit Compliance Report...... pg 152

4. Quarterly Financial Reports for HEPC and WVNET...... pg 155

B. FY 2006 Appropriation Request – Operating Budget ...... pg 160

C. FY 2006 Appropriation Request – Capital Projects ...... pg 161

D. Approval of Project to Rehabilitate Main Classroom Building at WVU Parkersburg...pg 162 VI. Committee of the Whole

A. Consent Agenda

1. Report on West Virginia State University Compliance Audit ...... pg 164

2. Final Approval of Series 47, Commission Organization and Meetings...... pg 178

3. Final Approval of Medical Student Loan Program Rule...... pg 182

4. Annual Report on HEAPS Grant Program...... pg 198

B. Presentation by Advisory Council of Students...... pg 213

C. Legislative Committee...... pg 214

D. Salary Policy Report to LOCEA...... pg 215

E. Compact Update Approval ...... pg 217

VII. Commission/Council Items

A. Consent Agenda

1. Peers for Administratively Linked Community and Technical Colleges...... pg 234

2. Financial Chargeback System for Administratively Linked Community and Technical Colleges...... pg 244

B. Final Approval of Joint Rule, Series 30, Purchasing ...... pg 253

C. Discussion of Joint Legislative Rule, Series 2, Higher Education Finance Policy ...... pg 283

VIII. Chancellor’s Report

A. Discussion of Institutional Flexibility Initiative

B. Financial Aid and Tuition Links

IX. Additional Board Action and Comments

A. Presentation

X. Possible Executive Session Under the Authority of WV Code §6-9A-4

A. Presidential Compensation

B. Marshall University Presidency

XI. Adjournment MINUTES

WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION AND WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION

October 14, 2004

A joint meeting of the Higher Education Policy Commission and the Council for Community and Technical College Education was held at 1:30 P.M. on October 14, 2004, at the West Virginia State University Student Union at Institute, West Virginia. Present at the meeting were Commissioners John Hoblitzell, Terry Sammons, Elliot Hicks and Mary Clare Eros. Council members present were Judi Almond, Robert Brown, Stan Cavendish, David Lieving, Rebecca McClure, Fred Oelschlager and Nelson Robinson. Absent were Commissioners Michael Garrison, Kay Goodwin, R. Ken Hall, J. Thomas Jones and David Stewart. Council members absent were: James Cole and Clarence Pennington. Also in attendance were Chancellor James Skidmore and Chancellor J. Michael Mullen, legislative staff, institutional presidents, higher education staff and others.

The meeting was called to order by Co-Chairs Eros and Robinson.

1. Presentation: Advisory Council of Classified Employees

Ms. Stephanie Neal, Chair, Advisory Council of Classified Employees, gave a presentation on the classified employees. The advisory council recommends training for supervisors in the compensation system and requested an opportunity to address the Council and Commission when the Series 8 Rule is considered. Dennis Taylor, Vice Chancellor for Administration, is in the process of forming a work group on Series 8. The group’s membership includes three administrators, three classified staff, one faculty member and one impartial person.

2. Presentation: Advisory Council of Faculty

Dr. Sylvia Shurbutt, Chair, Advisory Council of Faculty, presented the goals, issues and concerns from the faculty. Council membership would like to know how the administratively linked relationship with the baccalaureate institutions affects attracting faculty for community and technical colleges.

3. Joint Rules

a. Joint Rule on Purchasing

1 Mr. Richard Donovan, Assistant Director of Facilities, presented the Joint Purchasing Procedural Rule. The rule incorporates changes in the purchasing law and revisions to the purchasing card procedures.

b. Joint Rule on Finance

Mr. Dennis Taylor presented the Higher Education Finance Rule.

c. Joint Rule on Tuition and Fees

Ms. Pat Hunt, Director of Finance and Facilities, gave the status update on the Joint Rule on Tuition and Fees. A task force, which will include a representative group of presidents and chief financial officers, will be formed on tuition and fee policy.

4. Discussion of Capital Projects Management

There was discussion on capital projects management which revealed several challenges that need to be dealt with at both the institutional and systems levels. Chairman Robinson suggested that Vice Chancellor Taylor, Chancellor Mullen, and Chancellor Skidmore form a committee to deal with these challenges.

5. Budget Process

Dennis Taylor reported on the budget process timelines.

6. Measuring Up Report

Mr. Jim Barton, Director, Office of Research and Technology, made comments on the information contained in the “Measuring Up” report.

7. Executive Session

Mr. Elliot Hicks and Mrs. Rebecca McClure moved that the Commission and Council go into executive session pursuant to WV Code §6-9A-4 to discuss a legal matter.

The motion was seconded. Motion carried.

At the conclusion of the executive session, the Commission reconvened in open session.

2 8. Additional Discussion and Comments

Mr. Fred Oelschlager suggested that the Commission and Council have a joint meeting after the legislative session.

9. Adjournment

There being no further business, the meeting was adjourned.

______Mary Clare Eros, Chairman Higher Education Policy Commission

______Nelson B. Robinson, Jr., Chairman Council for Community & Technical College Education

3 MINUTES

HIGHER EDUCATION POLICY COMMISSION

October 15, 2004

A meeting of the West Virginia Higher Education Policy Commission was held on October 15, 2004 with committee meetings beginning at 8:30 a.m., at Marshall University Graduate College in South Charleston, West Virginia. Present at the meeting were Policy Commission members: Mary Clare Eros, Kay Goodwin, Elliot Hicks, John Hoblitzell, Terry Sammons and David Stewart. Absent: Michael Garrison, R. Ken Hall, J. Thomas Jones, and Nelson Robinson. Also in attendance were Chancellor J. Michael Mullen, institutional presidents, higher education staff, members of the news media and others.

Chairman Eros called the meeting to order.

1. Approval of Minutes

Mr. Hicks moved approval of the minutes of the August 20, 2004 and August 30, 2004 meetings of the Higher Education Policy Commission and the acceptance of the minutes of the October 1, 2004 meeting of the Executive Committee. Mr. Sammons seconded the motion. Motion carried.

Academic Policy Committee Ms. Goodwin, Chairman of the Academic Policy Committee, reported on the following items taken up by the Academic Policy Committee meeting which was held beginning at 8:30 a.m. preceding the general meeting:

2. Report on Master’s Degree Programs at Concord University, Fairmont State University, Shepherd University and West Virginia State University

Ms. Goodwin moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission receives the reports from Concord University, Fairmont State University, Shepherd University, West Virginia State University on the offering of master’s level programs for 2003-2004.

Mr. Hicks seconded the motion. Motion carried.

3. Approval of M.A. in Professional Writing and Editing at

Ms. Goodwin moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves the establishment of the M.A. in Professional Writing and Editing at West Virginia University.

1 4 Mr. Hicks seconded the motion. Motion carried.

4. Approval of Series 46, Standards for Subject-Area Content in Secondary- Level Teacher Preparation Programs

Ms. Goodwin moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves Series 46, Standards for Subject-Area Content in Secondary-Level Teacher Preparation Programs for submission to the Secretary of State’s office for the public comment period and that if no substantive comments are received that the Commission extends its final approval.

Mr. Hicks seconded the motion. Motion carried.

5. Approval of Social Justice Grants

Ms. Goodwin moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission allocates the social justice grant funds as listed in the agenda book.

Mr. Hicks seconded the motion. Motion carried.

6. Report on Transfer of Academic Credits

Bruce Flack, Director of Academic Affairs, reported to the Committee that, although current West Virginia policy provides for extensive transfer opportunities, there are areas which need particular attention. He announced that the Academic Affairs Advisory Committee has created a transfer study group which is working on a revision of Series17,Transferability of Credits and Grades at the Undergraduate Level. The revised rule is expected to be recommended within the next few months.

7. Report on Marshall University and WVU Institute of Technology Engineering Collaboration

The Committee received a report on an effort to increase student access to engineering through a partnership to enable the offering of the WVU Institute of Technology B.S. in Civil Engineering on Marshall’s Huntington campus, beginning in fall 2005.

8. Report on Higher Learning Commission Accreditation of West Virginia University

Provost Gerald Lang reported that the Higher Learning Commission of the North Central Association extended its accreditation of WVU for ten years to 2013-2014. Dr. Flack reported that the Commission’s report was praiseworthy and commended

2 5 the institution on new facilities, academic programs and other areas.

9. Report on Series 21, Freshman Assessment and Placement Standards

Dr. Flack presented a report prepared by Policy Commission staff on the impact of raising ACT cut scores by one point in English and mathematics for placement of freshmen in the first credit courses, as has been discussed as a possible revision to Series 21. The study showed that a one-point increase in the ACT cut score does not appreciably demonstrate improved success in attaining a grade of “C” or higher in college English and math.

Finance Committee Mr. Sammons, Chairman of the Finance Committee, reported on the following items which were taken up by the Finance Committee at the 8:30 a.m. meeting prior to the general meeting:

Mr. Sammons noted that Ms. Eros recused herself from voting on items 10 – 12, stating her relationship with Jackson Kelly PLLC.

10. Approval of Issuance of Revenue Bonds at West Virginia University

Mr. Hoblitzell moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves the resolution prepared by bond counsel, as amended in the meeting and attached to these minutes, which declares its approval for West Virginia University to issue not more than $230 million of revenue bonds for capital projects at West Virginia University, Potomac State College of West Virginia University and Jackson’s Mill in connection with the upgrade, renovation, construction, acquisition and equipping of certain facilities included in West Virginia University’s Ten-Year Master Plan for Housing, and for the refunding of the 1997 Series Auxiliary Bonds

FURTHER RESOLVED, That the West Virginia Higher Education Policy Commission authorizes the Chancellor to sign the resolution and other documents required by bond counsel.

Mr. Sammons seconded the motion. Motion carried.

Mr. Hoblitzell also requested that the Commission receive additional information regarding the plans for correcting structural problems at WVU-Parkersburg.

11. Mr. Hoblitzell moved the adoption of the following resolutions:

Approval of Capital Construction Projects at West Virginia University

RESOLVED, That the West Virginia Higher Education Policy Commission approves the following capital construction projects contingent upon funds being available for these projects from West Virginia University and Commission Revenue Bonds, Grants, Auxiliary funds, and other University

3 6 funds:

1. Plant Pathology - $9.55 MM 2. Allen Hall HVAC Replacement - $7.5 MM 3. Brooks Hall Renovation - $32.0 MM 4. Renovation - $19.0 MM 5. Downtown Campus Infrastructure - $12.5 MM 6. Colson Hall Renovation - $8.0 MM 7. Evansdale Student Housing - $14.75 MM

Purchase of Summit Hall Student Housing at West Virginia University

RESOLVED, That the West Virginia Higher Education Policy Commission approves the purchase of Summit Hall Student Housing Facility for $5,5000,000, as addressed in West Virginia University’s Housing Master Plan.

Approval of Purchase of St. Francis Property at West Virginia University

RESOLVED, That the West Virginia Higher Education Policy Commission approves the purchase of the St. Francis Property in Morgantown for $11,000,000, contingent upon funds being available for this purchase from West Virginia University Revenue Bond Proceeds.

Mr. Sammons seconded the motion. Motion carried.

12. Approval of Construction Contract for West Virginia University Health Science Center in Eastern Panhandle

Mr. Hoblitzell moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves the award of a contract to W. Harley Miller Contractors, Inc. of Martinsburg, WV, for $4,790,000, to construct a new two story, 36,650 square foot Clinical Campus building to house the Health Science Center Eastern Division.

Mr. Sammons seconded the motion. Motion carried.

13. Mr. Sammons moved the adoption of the following resolutions:

Approval of a New Center for Technology and Rural Medicine at West Virginia School of Osteopathic Medicine

RESOLVED, That the West Virginia Higher Education Policy Commission approves construction of a New Center for Technology and Rural Medicine at the West Virginia School of Osteopathic Medicine at the West Virginia School of Osteopathic Medicine in accordance with Series 12, Capital Project Management.

4 7 Approval of Addition to the Fredric W. Smith Science Building at West Virginia School of Osteopathic Medicine

RESOLVED, That the West Virginia Higher Education Policy Commission approves construction of an addition to the Fredric W. Smith Science Building in accordance with Series 12, Capital Project Management.

Approval of Construction of a New Admissions Center at West Virginia School of Osteopathic Medicine

RESOLVED, That the West Virginia Higher Education Policy Commission approves construction of a New Admissions Center on the campus of the West Virginia School of Osteopathic Medicine in accordance with Series 12, Capital Project Management.

Ms. Goodwin seconded the motion. Motion carried.

Mr. Hoblitzell also requested that the Commission receive additional information regarding the relationship of the quality of the in-state and out-of-state applicant pools and the expansion of the entering class, as well as the ability of existing clinical sites to support the proposed expansion of internship and residencies.

14. Approval of Heflin Student Union Renovation and Financial Feasibility Study at Glenville State College

Mr. Sammons moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves the Heflin Student Union Renovation Project and the Financial Feasibility Study to issue $1.5 million in Auxiliary Capital Fee Revenue Bonds.

Mr. Hicks seconded the motion. Motion carried.

15. White Hall Renovation at Concord University

Mr. Sammons moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves the change in the scope of the White Hall Renovation Project at Concord University.

Ms. Goodwin seconded the motion. Motion carried.

16. Capital Budget Requests and Preliminary Recommendations

Chancellor Mullen presented a list of the institutions’ capital projects and provided information pertaining to the project list codes that will be used to prioritize projects. The list will be reviewed with the presidents for changes and will be brought back to

5 8 the next meeting for the Commission’s approval.

17. Operating Budget Requests and Preliminary Recommendations

Chancellor Mullen reviewed the list of higher education improvement package items that have been prepared by staff. Following additional discussions with the presidents and others, the budget request items will be brought before the Commission for action at a later date.

18. Higher Education Employee Salary Increases

Mr. Sammons moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission approves merit-based salary increases for HEPC employees.

Mr. Hoblitzell seconded the motion. Motion carried.

Committee of the Whole

19. Task Force Report on “The Future of WVU Tech”

Dr. Galan Janeksela, Interim President of WVU Institute of Technology, reported on the recommendations of the Strategic Planning Task Force created in May of 2004 to look at all aspects of the WVU Tech operation.

20. Approval of Posting of Proposed Rules

Mr. Hicks moved the adoption of the following resolutions:

Proposed Procedural Rule, Series 47, Commission Organization and Meetings

RESOLVED, That the West Virginia Higher Education Policy Commission approves the proposed procedural rule, Series 47, Commission Organization and Meetings, or filling with the Secretary of State for the public comment period and that if no substantive comments are received that the Commission extends its final approval.

Approval of Proposed Rule on WV Higher Education Grant Program

RESOLVED, That the West Virginia Higher Education Policy Commission approves the proposed legislative rule for the West Virginia Higher Education Grant Program to be filed with the Secretary of State for a 30-day public comment period and be forwarded to the Legislative Oversight Commission for Education Accountability at the conclusion of the comment period.

6 9 Approval of Revised Rule on Medical Student Loan Program

RESOLVED, That the West Virginia Higher Education Policy Commission approves the Medical Student Loan Program legislative rule to be filed with the Secretary of State for a 30-day public comment period and be forwarded to the Legislative Oversight Commission for Education Accountability at the conclusion of the comment period.

Revised Legislative Rule for Underwood-Smith Teacher Scholarship Program

RESOLVED, That the West Virginia Higher Education Policy Commission approves the revised legislative rule for the Underwood-Smith Teacher Scholarship Program to be filed with the Secretary of State for a 30-day public comment period and be forwarded to the Legislative Oversight Commission for Education Accountability at the conclusion of the comment period.

Approval of Revised Rule on Engineering, Science and Technology Scholarship Program

RESOLVED, That the West Virginia Higher Education Policy Commission approves the revised legislative rule for the West Virginia Engineering, Science and Technology Scholarship Program to be filed with the Secretary of State for a 30-day public comment period and be forwarded to the Legislative Oversight Commission for Education Accountability at the conclusion of the comment period.

Proposed Joint Legislative Rule on Higher Education Finance

RESOLVED, That the West Virginia Higher Education Policy Commission approves the proposed joint legislative rule for the Higher Education Finance Policy to be filed with the Secretary of State for a 30-day public comment period and be forwarded to the Legislative Oversight Commission for Education Accountability at the conclusion of the comment period.

Approval of Joint Rule on Purchasing

RESOLVED, That the West Virginia Higher Education Policy Commission approves the proposed procedural rule for purchasing to be filed with the Secretary of State for a 30-day public comment period and be forwarded to the Legislative Oversight Commission for Education Accountability at the conclusion of the comment period.

Mr. Sammons seconded the motion. Motion carried.

21. Acceptance of Policy Compliance Audit Report for Marshall University

Mr. Hicks moved the adoption of the following resolution:

7 10 RESOLVED, That the West Virginia Higher Education Policy Commission accepts the report for Marshall University policy compliance audit conducted in June/July 2004.

Mr. Sammons seconded the motion. Motion carried.

22. Acceptance of Policy Compliance Audit Report for Shepherd University

Mr. Hicks moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission accepts the report for Shepherd University policy compliance audit conducted in June/July 2004.

Mr. Sammons seconded the motion. Motion carried.

Executive Session

Mr. Hoblitzell moved that the Commission go into executive session pursuant to WV Code '6-9A-4 to discuss personnel matters.

Ms. Goodwin seconded the motion. Motion carried.

At the conclusion of executive session, the Commission reconvened in open session and reported on the following items:

23. Presidential Compensation Increase Requests

Mr. Hicks moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission accepts the presidential compensation recommendations of the Boards of Governors of Bluefield State College, Fairmont State University, Marshall University and West Virginia State University.

Mr. Hoblitzell seconded the motion. Motion carried.

24. Chancellor’s Evaluation and Contract

Mr. Sammons moved the adoption of the following resolution:

RESOLVED, That the West Virginia Higher Education Policy Commission continues the appointment of the Chancellor for an additional year and delegates to the Chairman the authority to execute a contract with the Chancellor and completion of a written evaluation of the Chancellor consistent with the discussions of the Policy Commission.

Mr. Hoblitzell seconded the motion. Motion carried.

8 11 Adjournment

There being no further business, the meeting was adjourned.

______Chairman Mary Clare Eros

______Secretary Michael Garrison

9 12 STATE OF WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

RESOLUTION APPROVING PROPOSED CAPITAL PROJECTS FOR WEST VIRGINIA UNIVERSITY, INCLUDING THE ACQUISITION OF CERTAIN REAL PROPERTY ON THE EVANSDALE CAMPUS KNOWN AS ST. FRANCIS, THE ACQUISITION OF SUMMIT HALL FOR STUDENT HOUSING, THE REHABILITATION OF ALLEN/PERCIVAL HALL, BROOKS HALL, COLSON HALL, OGLEBAY HALL AND WHITE HALL, THE RENOVATION OF THE TOWERS STUDENT HOUSING COMPLEX ON THE EVANSDALE CAMPUS, THE CONSTRUCTION OF NEW DORMITORIES ON BOTH THE DOWNTOWN CAMPUS AND EVANSDALE CAMPUS, THE CONSTRUCTION OF A PLANT PATHOLOGY FACILITY, THE CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS TO MYLAN PUSKAR STADIUM AND THE COLISEUM, THE CONSTRUCTION OF A SOCCER STADIUM, INCLUDING A SOCCER PRACTICE AND GAME FIELD, THE CONSTRUCTION OF CAPITAL IMPROVEMENTS TO THE , INCLUDING THE RENOVATION OF A PARKING GARAGE AND CONSTRUCTION OF STUDENT RECREATION SPACE, REPLACEMENT OF THE BRICK FAÇADE ON THE ENGINEERING BUILDING, THE CONSTRUCTION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS TO THE CREATIVE ARTS CENTER AND THE DOWNTOWN CAMPUS, THE CONSTRUCTION OF A STATE FIRE ACADEMY AT JACKSON=S MILL, AND THE CONSTRUCTION OF A STUDENT DORMITORY, INCLUDING A DINING FACILITY, ON THE CAMPUS OF POTOMAC STATE COLLEGE; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING BONDS PREVIOUSLY ISSUED BY THE UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES; AUTHORIZING THE FINANCING OF THE COSTS OF SUCH CAPITAL PROJECTS, SUCH REFUNDING AND RELATED EXPENSES THROUGH THE ISSUANCE BY THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS OF REVENUE BONDS IN ONE OR MORE SERIES, AS EITHER FEDERALLY TAXABLE OR TAX-EXEMPT OBLIGATIONS, OR BOTH, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT MORE THAN $230,000,000

WHEREAS, to improve the quality of student life and academic culture, enhance student services and respond to students needs, and to comply with its Master Plan, West Virginia University (the AUniversity@) proposes to undertake certain capital projects, including the acquisition of certain real property on the Evansdale campus

10 13 known as St. Francis, the acquisition of Summit Hall for student housing, the rehabilitation of Allen/Percival Hall, Brooks Hall, Colson Hall, Oglebay Hall and White Hall, the renovation of the Towers student housing complex on the Evansdale campus, the construction of new dormitories on both the downtown campus and Evansdale campus, the construction of a plant pathology facility, the construction of various capital improvements to Mylan Puskar Stadium and the Coliseum, the construction of a soccer stadium, including a soccer practice and game field, the construction of capital improvements to the Mountainlair, including the renovation of a parking garage and construction of student recreation space, replacement of the brick facade on the engineering building, the construction of certain infrastructure improvements to the Creative Arts Center and the Downtown Campus, the construction of a State Fire Academy at Jackson=s Mill, and the construction of a student dormitory, including a dining facility, on the campus of Potomac State College, all as more fully described on Exhibit A attached hereto and incorporated herein by reference, as further described to this Commission in connection with this Resolution, and which are herein individually called a AProject@ and together called the AProjects@; and

WHEREAS, the University proposes to refinance the following outstanding bonds previously issued by the University of West Virginia Board of Trustees (the ARefunding@):

1. $13,710,000 State of West Virginia University of West Virginia Board of Trustees Dormitory Refunding Revenue Bonds (West Virginia University Project) 1997 Series A;

2. $10,735,000 State of West Virginia University of West Virginia Board of Trustees Dormitory Revenue Bonds (West Virginia University Project) 1997 Series B;

3. $3,250,000 State of West Virginia University of West Virginia Board of Trustees Refunding Revenue Bonds (West Virginia University Project) 1997 Athletic Facilities Series A;

4. $4,250,000 State of West Virginia University of West Virginia Board of Trustees Revenue Bonds (West Virginia University Project) 1997 Athletic Facilities Series B;

5. $3,000,000 State of West Virginia University of West Virginia Board of Trustees Refunding Revenue Bonds (West Virginia University Project) 1997 Student Union Series A;

6. $38,000,000 State of West Virginia University of West Virginia Board of Trustees Revenue Bonds (West Virginia University Project) 1997 Student Union Series B; and

WHEREAS, the University proposes to finance the costs of the Projects, the Refunding and related expenses through the issuance by the West Virginia University Board of

11 14 Governors (the ABoard of Governors@) of Revenue Bonds in one or more series, as either federally taxable or tax-exempt obligations, or both, in an aggregate principal amount of not to exceed $230,000,000 (the “Bonds”); and

WHEREAS, each of the Projects is necessary, does not give competitive advantage to new private sector projects over existing West Virginia businesses, does not involve any private sector business, and, specifically, does not involve any private sector businesses which would have the effect of reducing property taxes on existing properties or avoiding, in whole or in part, the full amount of taxes which would be due on newly developed or future properties; and

WHEREAS, this Commission and the Board of Governors have the power and authority to execute and deliver the documents required and to carry out the financings described above; and

WHEREAS, this Commission deems it desirable, in keeping with its purposes and the Master Plan and in the best interests of the University, to approve the Projects and the Refunding and the financing of the costs thereof through the issuance of the Bonds by the Board of Governors.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE HIGHER EDUCATION POLICY COMMISSION, AS FOLLOWS:

Section 1. Approval of the Projects. The Projects are hereby approved. The Chairperson and Vice Chairperson of the Board of Governors and the President of the University or his designee (each, an AAuthorized Officer@) are hereby authorized and directed to execute and deliver any documents, certificates, agreements and instruments and take such other actions as may be required or desirable by the Board of Governors or the University to construct and acquire the Projects, including but not limited to construction contracts after requisite bidding, and to carry out the purposes of this Resolution. Although the Projects are anticipated to be substantially as described in Exhibit A and as further described to this Commission this day, this Commission recognizes that there may be changes as the plans and specifications are developed and as the Projects are constructed, which changes shall be made in accordance with any applicable rules and procedures of this Commission.

Section 2. Approval of the Bonds. The financing of the Projects, including the reimbursement of the University for costs previously expended therefore and capitalized interest on the Bonds, of the Refunding and of related expenses, including but limited to costs of issuance of the Bonds, through the issuance by the Board of Governors of the Bonds in one or more series, as either federally taxable or tax-exempt obligations, or both, in an aggregate principal amount not to exceed $230,000,000 is hereby approved. This Commission hereby finds and determines that an aggregate principal amount not exceeding $230,000,000 can be paid as to both principal and interest and, as applicable and necessary, reasonable margins for a reserve therefore from the Institutional Capital Fees, Auxiliary Fees and Auxiliary Capital Fees (collectively, the “Fees”) and other sources of revenue being pledged thereto by the Board of Governors. The payment of principal of and premium, if any, and interest on the Bonds from the Fees and other sources of revenue is hereby approved. Each of the Authorized Officers is hereby authorized and directed to execute and deliver any documents, certificates, agreements and instruments and take such other actions as may be required or desirable by the Board of

12 15 Governors or the University to accomplish the Bond financing. Although the Bond financing is anticipated to be substantially as presented to this Commission this day, this Commission recognizes that market conditions, the use of credit enhancement and other factors may affect the amount and terms of such financing.

Section 3. Special Obligations. This Commission recognizes and agrees that all covenants, stipulations, obligations and agreements of the Board of Governors or the University entered in connection with the Projects and the Bonds shall be deemed to be the special and limited covenants, stipulations, obligations and agreements of the Board of Governors and the University to the full extent permitted by law, and such covenants, stipulations, obligations and agreements shall be binding upon this Commission, the Board of Governors and the University, and their respective successors. No covenant, stipulation, obligation or agreement entered in connection with the Projects or the Bonds shall be deemed to be a covenant, stipulation, obligation or agreement of any member, officer, agent or employee of this Commission, the Board of Governors or the University in his or her individual capacity, and no member, officer, agent or employee of this Commission, the Board of Governors or the University shall be liable personally thereunder or be subject to any personal liability or accountability by reason thereof.

Section 4. Incidental Action. The Chancellor, the Chairperson, Vice- Chairperson, Secretary and other appropriate members and officers of this Commission are hereby authorized and directed to execute and deliver any documents, certificates, agreements and instruments and take such other actions as may be required or desirable by the Board of Governors or the University to carry out the purposes of this Resolution.

Section 5. Effective Date. This Resolution shall take effect immediately upon adoption.

ADOPTED this 15th day of October, 2004.

WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

By: Its:

13 16 West Virginia Higher Education Policy Commission ACADEMIC POLICY COMMITTEE

DECEMBER 15, 2004 12:30 P.M.

AGENDA

A. Consent Agenda

1. Approval of EPSCoR Funding Awards for the SURE and STEM Programs for FY 2005...... pg 17

2. Report on Low Enrollment Introductory Course Sections...... pg 29

B. Approval of Series 23, Standards and Procedures for Undergraduate Admissions at Four-Year Colleges and Universities ...... pg 35

C. Draft of Series 17, Transferability of Credits and Grades at the Undergraduate Level pg 45

D. Report on Licensing and Oversight of Institutions Providing Post-secondary Education in West Virginia...... pg 49

E. Approval of Master of Arts in Teaching at Shepherd University ...... pg 90

F. Approval of Master of Business Administration at Shepherd University...... pg 110

G. Approval of Master of Music at Shepherd University...... pg 135

West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of EPSCoR Funding Awards for the Summer/Semester Undergraduate Experience (SURE) and Science, Technology, Engineering, and Mathematics (STEM) Programs for FY 2005

INSTITUTIONS: Marshall University, West Liberty State College, West Virginia University, and West Virginia University Institute of Technology

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the funding awards for the Summer/Semester Undergraduate Experience (SURE) and Science, Technology, Engineering, and Mathematics (STEM) programs for FY 2005, as recommended by the EPSCoR State Advisory Council

STAFF MEMBER: Bruce Flack

BACKGROUND:

The Research Challenge Fund authorized by Senate Bill 197 provides for a number of research activities in West Virginia to promote research in the sciences, technology, engineering, and mathematics. Under Senate Bill 197, the West Virginia Higher Education Policy Commission has the responsibility of awarding research funding as recommended by the EPSCoR State Advisory Council.

The Council has recommended funding awards as follows for the SURE and STEM programs for FY 2005:

Summer/Semester Undergraduate Research Experience (SURE) FY 2005

West Virginia University $ 69,000 Marshall University $ 66,000 West Liberty State College $ 30,000 West Virginia University Institute of Technology $ 35,000 Total $200,000

17 Science, Technology, Engineering, and Mathematics (STEM) FY 2005

Marshall University $213,636 West Virginia University, MBR Cancer Center $350,000 Total $563,636

Descriptions of the projects to be funded are on the following pages. Dr. Paul Hill, Director of West Virginia EPSCoR, will present the funding proposals as recommended by the EPSCoR State Advisory Council.

18 Research Challenge Fund Allocations for Student Programs in Research (STEM & SURE) Recommendations of the Review Committee

November 9, 2004

19 Research Challenge Fund Allocations for Student Programs in Research

The Research Challenge Fund (RCF) authorized by SB 197 provides for a variety of activities directed at increasing research in the state of West Virginia. Article 1B. ss18B-1B-10 specifies an objective of the research challenge is to “…increase the production of undergraduate and graduate students in programs in science, technology, engineering and mathematics…” The WVEPSCoR State Council approved programs entitled Summer/Semester Undergraduate Research Experiences (SURE) and Science, Technology, Engineering and Mathematics (STEM) (graduate) Fellowships in June 2004 which were developed as a direct response to this objective. Solicitations for proposals to higher education institutions were issued by the WVEPSCoR Office in August with proposals due on October 8, 2004. Program Descriptions and Announcements for STEM and SURE are posted on the WVEPSCoR website and referenced by this document. Each program competition is analyzed below.

Summer/Semester Undergraduate Research Experience (SURE) Grant Program

Six proposals were received by the WVEPSCoR office for the SURE grant program in early October 2004. Proposals were submitted by West Virginia University, Marshall University, Fairmont State University, West Liberty State College, West Virginia University Institute of Technology and Wheeling Jesuit University. Proposals were to provide a strategic plan for increasing research opportunities for undergraduate STEM students.

WVEPSCoR convened a review committee to evaluate the proposals based on the criteria set forth in the Request for Proposals for the program. Abstracts of each proposal with the Review Committee’s recommendation are attached for review by the WVEPSCoR Advisory Council.

A total of $200,000 has been set aside in the Research Challenge Fund for the SURE program in FY 2005. Four projects were recommended for funding by the Review Committee. In order to fund all four, budgets for each were adjusted to fit within the $200,000 total available. Two proposals were declined.

STEM Fellows Grant Program

The STEM (Science, Technology, Engineering, and Mathematics) Fellow grant program is open only to West Virginia University and Marshall University. Proposals were received from both institutions and required a university-wide strategy for increasing the quality and quantity of STEM graduate students. Block grants will be made to each institution based on the merits of the proposal strategy and its efficacy.

WVEPSCoR convened a review committee to evaluate the proposals based on the criteria set forth in the Request for Proposals for the program. Abstracts of each proposal with the Review Committee’s recommendation are attached for the review of the WVEPSCoR Advisory Council.

A total of $500,000 was initially proposed for funding this program in FY 2005. The combined budget proposed for the first year (’05) for both WVU and Marshall totaled $563,635. Both proposals were highly rated by the review committee and recommended for funding at the full request level. The alternative is to reduce the budgets of proposals by $63,635. This could be accomplished by reducing the number of students supported or by reducing some of the program set-up and maintenance costs. For FY 2005, WVEPSCoR has available RCF funds to fully support both proposals.

20 SURE Grant Program Proposals

21 West Virginia University Summer Undergraduate Research Experience (WVU-SURE)

Submitted by West Virginia University

P.I. Dr. Keith Garbutt

Abstract

A Summer Research Institute program will support 25 students each summer over the course of three years. To reach as many students as possible, students will not be allowed to repeat the experience. Thus over the three-year period 75 students will participate.

The Institute will provide undergraduate STEM students the opportunity to become immersed in the research activities of a Research Intensive Institution and to implement directed research projects. Through this experience and accompanying seminars on research methods, ethics, and societal responsibilities, students will become aware of the rigors and complexities of scientific research and the culture of discovery. Overall, this experience will facilitate understanding of science and technology as both evolving disciplines and continual dialectics amongst a wide range of individuals from all over the world. Students will be expected to take part in a final research colloquium and will be provided with funds to travel with their research mentors to National Scientific meetings to present their findings.

The long-term goal of this project is to enable these students to go on after graduation to graduate and professional programs in STEM disciplines and eventually become part of the next generation of STEM professionals. ______

Review committee scored this project as Excellent or Very Good and recommended it for funding. Requested Funding: $75,000 annually for three years Recommended Funding: $69,000 for FY05

The recommended funding level will allow WVU to provide research experiences for 23 undergraduates rather than 25.

22 Marshall Research Fellowship Program

PI: Sarah Denman, Marshall University SURE Proposal Development Committee/ SURE Advisory Committee: Marcia Harrison (Biology), William Niemann (Geology), Elizabeth Murray (Integrated Science and Technology), Ralph Oberly (Physics), Joseph Fuller (Computer Science and Engineering), Evelyn Pupplo-Cody (Mathematics), Jagan Valluri (Biology) and Michael Norton (Chemistry)

Abstract: Growth of research productivity in the laboratories at Marshall requires the development of a stable platform to recruit and motivate the segment of the undergraduate pool capable of performing advanced research. The Marshall Research Fellowship program proposed here will provide a select group of undergraduate students who have demonstrated a strong interest in a career in scientific research with support for 10 summer weeks of intensive research and research training. The Fellowship program provides a culminating activity for the long term strong mentorship approach Marshall is developing to reinforce the science workforce pipeline in West Virginia. Over the 3 year life of this program, Marshall will provide up to 45 of its best student researchers with the highest level pre-professional preparation ever afforded to such students.

This program is well aligned with 4 major goals of EPSCoR: 1) Raise the level of research in laboratories on the Marshall Campus, 2) Provide a direct connection between the undergraduate student pipeline and graduate research programs in the state, 3) Prepare a cadre of seasoned student researchers, 4) Avail the highest level undergraduate research opportunities to students in West Virginia. The objective of the grant is to provide research oriented students in all science, technology, engineering and mathematics (STEM) fields the opportunity to experience all of the dimensions of the practice of current science, from hypothesis driven proposal, through research and discovery, to communication and reporting, all within a supportive community of peers. While encouraging the selected students, this pre-professional experience will also increase their competence and confidence. The prestige and funding associated with these awards, coupled with the enhanced options for graduate research and industrial employment opened for seasoned researchers will lead to growth in the talent pool by attracting more students to perform research at Marshall in the STEM fields.

This Fellowship program is also consistent with an emphasis on promoting growth in STEM fields on the Marshall Campus, as exemplified by the re-institution of the undergraduate computer science and engineering degree programs and the construction of the biotechnology building. Particularly, it is important to expand the cadre of research oriented students in order to fully utilize the research infrastructure and capabilities which completion of construction and population of this biotechnology building with research active faculty will make available downtown. ______

Review committee scored this project as Excellent or Very Good and recommended it for funding. Requested Funding: $75,000 annually for three years Recommended Funding: $66,000 for FY05

The recommended funding level will allow Marshall to provide research experiences for 14 rather than 15 undergraduates and will reduce the scientific supply budget for students from $15,000 to $10,000.

23 Establishing Exceptional STEM Research Opportunities for Undergraduates with SURE

West Liberty State College, West Liberty, West Virginia Melinda S. Kreisberg, Ph.D. and Robert Kreisberg, Ph.D., Co-Principal Investigators

Project Summary: The Department of Natural Sciences and Mathematics at West Liberty State College (WLSC) currently offers summer undergraduate research opportunities due primarily to the fact that two faculty members are in the INBRE network. The opportunity that the SURE program presents will enable the department to open its summer program to students from any West Virginia institution of higher education and to make the experience even more rewarding. The ability to capitalize on the existing program and build it to an extraordinary experience is well within the means of the dedicated professionals at WLSC. Encouraging students to enter STEM research fields and graduate programs in STEM fields is an important goal within Natural Science and Mathematics at WLSC. The INBRE network and other funding from NASA and the WLSC Foundation have enabled the department to offer a number of small summer fellowships. Students participating in these fellowships have shown an increased tendency to enter graduate programs for continued study in STEM research fields. The opportunity to build this established program into a larger, more cohesive program with students from a variety of institutions in West Virginia could not arrive at a more timely juncture. The INBRE grant brings $1.4 million over five years in direct costs to the institution. Prior grants as well as this INBRE grant fund a variety of research opportunities at the college. Consumables and equipment are not an issue given these grants. The department is perfectly situated for developing a SURE program continuing for the three year period. The main goal for the SURE program is straightforward: encourage STEM students to pursue research opportunities in STEM fields by providing meaningful experiences in undergraduate research. Other benefits/goals for the proposed SURE program include diversification of the student population, increased interaction with students and faculty, preparation of students for graduate work, instruction in basic research techniques, thought processes, record keeping, and data analysis, and finally, to produce research results that will have a positive impact in each field of study. Participating students are intended to represent a cross section of the West Virginia population and will be chosen based on an application process. Students selected for the summer session will be assigned a research project and faculty mentor based on their preferences when able. Four established projects exist at WLSC for summer research: a cardiovascular project within the INBRE network; a molecular modeling project also within the INBRE network; a St. John’s Wort project and a tomato seed saving project funded by WVNASA. Students will have integral roles in the entire research project to which they have been assigned. The proposed SURE program is intended to achieve these outcomes: increase the number of West Virginia STEM undergraduates continuing in STEM graduate programs, produce competitive research results in projects designed to explore critical problems in the sciences, faculty development via associations with students from WLSC and other WV institutions of higher education, and provide meaningful research experiences for WV undergraduates. The entire institution is committed to accomplishing both the goals and outcomes for the proposed SURE program. WLSC is well situated in regards to funding the actual research projects, proposed campus network for SURE participants, and the culminating presentation of the work accomplished during the SURE program. Established funding and projects at WLSC in combination with funds from the WVEPSCoR SURE program for personnel will create a formidable experience geared towards promoting and sustaining interest in STEM research fields. ______

Review committee scored this project Very Good and recommended it for funding. Requested Funding: $33,000, $38,000, $48,000, from FY05 through FY 07 Recommended Funding: $30,000 for FY05

Review committee recommended reducing the administrator’s remuneration to $2,000 from $5,000.

24 Incorporating Undergraduate Students in Environmental and Energy Related Research at WVU Tech

P.I. Dr. Stephen Brown, Dean College of Business, Humanities, and Science

Project Summary:

Tech’s campus-wide mission of developing research projects in which undergraduate students can participate led to the development of two research proposals: “Development of Chemical and Biochemical Techniques for the Extraction of Mercury from Fine Coal Particle Containing Solutions” and “Recovery of Chromium and Arsenic from Toxic Waste Streams by Reactive Polymer-Coated Adsorbents.” The Department of Energy’s Center for Advanced Separation Technologies (CAST) recently awarded grants to WVU Tech for both proposals. This proposal to the SURE program describes a means to leverage the resources obtained through the CAST awards to increase the participation of undergraduate students in research in science, technology, engineering and mathematics (STEM) disciplines. The project’s inherent collaborations with the graduate degree granting institutions of West Virginia, Marshall University and West Virginia University, increase the propensity for the undergraduate students participating in the research experience continuing to pursue graduate degrees. This proposal satisfies all the tenants of the SURE program. ______

Review committee scored this project Good and recommended it for funding. Requested Funding: $38,800 annually for two years Recommended Funding: $35,000 for FY05

Review committee recommended reducing the budget in these three areas due to lack of budget justification: eliminate fringe benefits of $800; eliminate subsistence ($1000), and other ($2000).

25 STEM Fellows Grant Program Proposals

26 Project Summary

Title: Expansion of STEM Doctoral Education at Marshall University

Submitted by: Marshall University

Principal Investigator: Dr. Sarah Denman Senior Vice President for Academic Affairs and Provost

The Biomedical Sciences (BMS) Program offers Marshall University’s only Ph.D. degree and provides an excellent opportunity for interdisciplinary research. Recent grants for faculty research (NIH COBRE) and outreach to predominantly undergraduate institutions (NIH INBRE) have their cores in the BMS program. External review of Marshall’s EPSCoR program in 2003 identified the BMS Ph.D. program as the logical, most effective means to rapidly expand research capability, i.e., increasing the quantity and quality of students and including qualified research active faculty from other related departments. Biomedical research addresses issues of importance to the State. Moreover, building on the success of the expansion of the BMS program, Marshall University expects to develop future Ph.D. programs in other disciplines, thereby contributing further to economic growth in West Virginia.

The goals of this project are to: 1) establish an aggressive recruiting effort with a central campus coordinating office, 2) develop mechanisms to promote student-faculty interaction during recruiting and mentoring throughout the early years of graduate training, and 3) provide sound and sustained financial support for student stipends, thus fostering the long-term growth in student quality and quantity.

To achieve these goals, research-active graduate faculty will organize into six Research Clusters representing the breadth of faculty interests and potential for growth. Faculty committees will organize the Clusters, and will also help to develop appealing and informative websites, marketing brochures, and research description booklets. A Recruiting Office will be established in the Graduate College, and a recruiting coordinator will be hired to locate and track prospective students and arrange publication of program materials. Researchers will work with the recruiting coordinator to make personal contact with faculty and students at West Virginia undergraduate institutions, travel to key undergraduate institutions in surrounding states, and attend conferences to reach a more diverse student population. Partnerships with undergraduate research and masters programs on campus and in the state will create a pipeline of research-experienced students into the enhanced BMS Ph.D. program. Proactive mentoring will include an annual Research Retreat, Research [lab] Rotations, and Research Cluster membership. Internal and external advisory committees will conduct formative program reviews, and routine meetings of Cluster representatives will ensure program cohesiveness. The anticipated outcomes after 4 years are a 12-13% increase in applicant abilities (GRE or MCAT scores, GPAs), doubling of total qualified in-state and out- of-state applicants, and at least 12 additional Ph.D. students resident in Marshall faculty research laboratories. ______

Review Committee scored this project Very Good to Excellent and recommended it for funding. Requested Funding: $213,636, $226,105, $228,276, $232,776 for FY05 through FY08 Recommended Funding: $213,636 for FY05

27 Project Summary - Training Program in Cancer Nanotechnology

P. I. Daniel C. Flynn, Ph.D. Associate Director for Basic Research, MBR Cancer Center, WVU

We propose to initiate a graduate training program in Cancer Nanotechnology that will foster collaborative research between the basic and clinical research faculty of the Mary Babb Randolph Cancer Center in conjunction with WVNano, the West Virginia University initiative in nanoscale science, engineering, and education (NSEE). The goals of this program are two-fold. First, to foster basic and translational research training opportunities that focus upon identifying novel molecular signatures in cancer cells that may be detected by, or targeted with, nanotechnology applications and 2) to create a programmatic bridge between science and education, targeting the way students and faculty think by requiring them to work in a multidisciplinary environment where the boundaries between disciplines dissolve. This collaborative research in Cancer Nanotechnology will result in novel strategies to improve cancer diagnostics, prognostics and therapeutics. The training program will support the stipends of graduate students who participate in collaborative research projects between MBRCC cancer research and WVNano nanoscientists. The technical emphasis will be on nanotechnology and the linked technologies of proteomics and genomics. This program would position graduate student trainees to pursue a career in cancer research or nanobiotechnology, emphasizing the development and use of nanoscale devices to detect and treat cancer.

The WVNano program is comprised of six primary faculty members from the Schools of Arts and Sciences, Engineering and Pharmacy. A director and an additional 10 faculty with nanoscience expertise are currently being recruited. A key for the success of WVNano program is to engage in collaborative research with biologists in the development of nanoscale devices, optimized for nanomedicine applications. WVNano has five specific focus areas that are Quantum Confined Nanostructures, Multifunctional Nanostructural Materials Development, Biomolecular-Nanodevice Interface Signaling, Nanobiokinematic Devices and Systems, and Learning and Teaching Nanomanufacturing, each with applications related to Cancer Nanotechnology. WVNano short term goal is to recruit students and faculty and to obtain extramural funding. As such, grants for training programs are crucial to its success.

The Mary Babb Randolph Cancer Center (MBRCC) has a basic and clinical science research program that focuses upon the molecular basis of cancer. The research programs are represented by 49 faculty members who maintain academic appointments and research labs in the Schools of Medicine, Pharmacy, Arts and Sciences and NIOSH. The basic research emphasis areas include Signal Transduction, the Tumor Microenvironment and Therapeutics, each of which focuses upon on how cells process signals that regulate normal and aberrant cancer cell growth and survival. The MBRCC is a major research initiative in West Virginia that is working towards achieving National Cancer Institute (NCI) designation as a comprehensive cancer center. Concomitant with NCI designation, it is expected that the MBRCC will offer the latest in clinical trials and care to the citizens of West Virginia and the surrounding Appalachian region through basic and clinical research initiatives. Indeed, a major component of NCI designated cancer centers is the capacity to develop NCI funded, investigator-initiated clinical trials. Concomitantly, a major goal of nanotechnology is to incorporate biomedical applications. Thus, WVU is poised to apply nanotechnology applications to cancer research through collaborative research efforts between WVNano and the MBRCC. ______

Review Committee scored this project Very Good to Excellent and recommended it for funding. Requested Funding: $350,000 annually FY05 through FY08 Recommended Funding: $350,000 for FY05

28 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Report on Low-Enrollment Introductory Course Sections

INSTITUTIONS: All

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission receives the report, Low-Enrollment Sections of Introductory Courses at West Virginia Public Colleges and Universities.

STAFF MEMBER: Bruce Flack

BACKGROUND:

The report on low-enrollment sections of introductory courses at the state’s colleges and universities is a response to a statutory charge in House Bill 2224 that the institutions report to the Legislative Oversight Commission on Education Accountability (LOCEA) by December 1, 2004 on efforts to reduce the number of low-enrollment sections of introductory courses commencing with the Fall 2004 semester. The report is also to address the use of distance delivery of entry-level courses to consolidate course sections.

The report which follows concludes that the number of low-enrollment sections offered is very small and is not a problem of any significance. It also summarizes current utilization of distance-delivered courses, particularly those offered electronically.

29 Report on Low-Enrollment Sections of Introductory Courses At West Virginia Public Colleges and Universities

November 2004

Background

House Bill 2224 (WV Code 18B-5-9) calls for a number of measures to assure fiscal integrity in higher education. Among these measures is one that provides that commencing with the 2004 fall semester West Virginia public college and universities shall reduce the number of low-enrollment sections of introductory courses. It further provides that institutions shall use distance learning to consolidate course sections. The Higher Education Policy Commission is to report on progress in reduction of low- enrollment introductory courses by December 2004.

Definitions

For purposes of this report, “low-enrollment introductory course sections” mean sections of introductory lower-level, campus-based courses which enrolled fewer than ten students. Not included in the list were independent study courses and special arranged sections, such as studio course sections in music and the arts, which are either offered outside a faculty member’s regular instructional load or are combined together. Also not included are sections of cross-listed courses (e.g. an introductory geography course may be cross-listed as geology) where the total enrollment in a combined section was ten or higher. The data in the report are for introductory course sections with enrollments less than ten offered in the 2004 fall semester.

Low-Enrollment Introductory Courses

The number of low-enrollment sections (fewer than ten students) of introductory courses offered by West Virginia public colleges is very small. In the fall 2004 semester there were 51 sections of campus-based low enrollment sections reported with 15 sections at the four four-year colleges and universities and 36 at the community and technical colleges. Of introductory course sections offered statewide (4,003), slightly more than one percent were low enrollment.

The colleges address the issue of low-enrollment introductory sections by collapsing sections where possible. Where there are multiple sections of a course, a scheduled section which does not have sufficient enrollment is typically combined with another section and the instructor is reassigned.

30 Additionally, the four-year institutions and the community and technical colleges are increasingly making use of distance education in delivering instruction. The number of electronic courses, (introductory courses offered entirely on-line and web-based courses with extensive on-line components) is growing rapidly.

Distance Education Delivery

Every institution reports offering some coursework electronically, and several institutions are making extensive use of on-line instruction in offering their academic programs. Marshall University, West Virginia University, Fairmont State University, and Bluefield State College offer an extensive number of courses through some form of distance education methodology, primarily electronic delivery. While the percentage of coursework offered electronically is under ten percent, the number of such offerings is growing annually. The number of course sections doubled at some institutions from fall 2003 to fall 2004. Any efficiencies and savings with electronic instruction are measured through increased opportunities for access and convenience to students. Distance delivered coursework, either through compressed video or electronic delivery, enables an institution to build course sections which enroll students at a number of remote sites. In addition to electronic courses offered by the West Virginia public colleges and universities, several community and technical college contract with the Virginia Distance Learning On-line and the Kentucky Community College systems to offer web courses to their own students. The advantage, therefore, with distance education is the enabling of course scheduling which allows enrollment of students from widely scattered locales.

Electronic courses are not inexpensive. The development and delivery costs of web courses are generally greater than that of coursework offered through traditional means. The number of students enrolled in an electronic course section is typically no larger than that of a course section offered face-to-face by an instructor. Again, savings and efficiencies must be measured in terms of greater access and convenience to students in distance locales.

Conclusion

The accompanying table indicates the number of sections of low-enrollment introductory campus-based courses offered by West Virginia public higher education institutions. The conclusion is that the number of low-enrollment sections of introductory courses, excluding independent study, studio courses, and cross-listed courses, is exceptionally small. Institutions realize that they cannot operate with any level of financial integrity by offering significant numbers of introductory course sections which have small enrollments. While colleges and universities sometimes must offer small sections of upper-level undergraduate courses to accommodate majors, they attempt to avoid offering small sections of beginning-level courses. West Virginia higher education institutions are increasing the number of electronic course sections in order to serve more effectively those students who are located at sites distant from the campuses.

31 Low Enrollment Sections Of Introductory Courses Fall 2004

Number of Low Enrollment Number Introductory Institution Students General Studies Enrolled Course Sections Course Number Course Title

Baccalaureate Institutions ENGL 101 Composition 8 Bluefield State College 158 SPCH 208 Fundamentals of Speech 9 ENGL 205 The Modern Tradition 7 ENGL 101-20 Composition & Rhetoric 9 Concord University 102 PED 101M-11 Personal Wellness 8 Physical Fitness and Wellness -2 7 Fairmont State University 367 Education 1100 sections 6 Glenville State College 84 PHYS 100 Introductory Physics 3 Marshall University 427 None reported Shepherd University 233 None reported BIO 106 51 Life Science for Non-Majors 6 Lab West Liberty State College 157 SS 100 51 Global Issues: An Introduction 7 to Social Science West Virginia State University 192 None reported West Virginia University 942 None reported MATH 125 Basic College Algebra 5 CMIS 101 Fundamental/Computer 6 Applications WVU Institute of Technology 170 ECON 231 Principles of Economics I (TV) 6

CHEM 111 Lab 9

CHEM 116 Lab 9 32 Number of Low Enrollment Number Introductory Institution Students General Studies Enrolled Course Sections Course Number Course Title

Community Colleges Eastern WV CTC 14 None reported Fairmont State CTC 326 None reported CTC of Shepherd University 15 None reported CTC of WVU Institute of 15 None reported Technology Marshall CTC 112 COM 112 Oral Communication 7 HIST 106 American History 8 POSC 200 American Gov’t & Economy 8 SPCH 208 Fundamentals of Speech 7 ARTS 105 Creative Expression 9 BIOL 102 General Biology 8 New River CTC 103 COSC 111 Intro to Computer Science 4 ENGL 205 The Mod Tradition 8 MUSC 150 Introduction to Music 4 SPCH 208 Fundamentals of Speech 6 THEA 101 Introduction to Theater 4 Biology 219 The Living Cell 2 Biology 293 Special Topics-Biology 5 Sciences (Honors) English 101 Composition and Rhetoric 4 Potomac State College of WVU 144 French 201 Intermediate French I 3 Music 102 College/Community Chorus 3 Music 181 Fundamental Music Skills 5 Music 183 Jazz Ensemble & Jazz Singers 3 Psychology 101 Introduction to Psychology 7

EN 101 English Composition I 6 Southern WV CTC 113

EN 102 (2sections) English Composition II 4 / 7 33 Number of Low Enrollment Number Introductory Institution Students General Studies Enrolled Course Sections Course Number Course Title Southern WV CTC (cont’d) SP 103 Speech Fundamentals 9 BS 101 General Biology I 8 MT 125 Trigonometry 4 BS 102 General Biology II 2 SO 200 Introduction to Sociology 8 ENG 101 English Composition 7 West Virginia Northern CTC 98 Math 100 Fundamentals of Math 3 Fundamentals of Business WV State CTC 38 BST 240 8 Computer Applications CHEM 116 Fundamentals of Chemistry 9 CS 101 Introduction to Computing 9 WVU at Parkersburg ENGL 101 Composition 1 9 193 ENGL 102 Composition 2 9

PHYS 102 Introduction to Physics 2 4

PHYS 112 General Physics 2 2 34 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of Series 23, Standards and Procedures for Undergraduate Admissions at Four-Year Colleges and Universities

INSTITUTION: All

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves Series 23, Standards and Procedures for Undergraduate Admissions at Four-Year Colleges and Universities for submission to the Secretary of State’s office for the public comment period and that if no substantive comments are received that the Commission extends its final approval.

STAFF MEMBER: Bruce Flack

BACKGROUND:

In recent months, several significant reviews have been proposed to the current policy on undergraduate admissions, Series 23, Standards and Procedures for Undergraduate Admissions at Four-Year Colleges and Universities. These reviews have been discussed extensively by the institutional chief academic officers (AAAC), the presidents, the Admissions and Records Advisory Council, and the Advisory Council of Faculty.

Major features of the proposed rule are:

1. Essential provisions of the current rule, Series 23, remain intact.

2. The new rule applies only to the four-year colleges and universities. (Section 3.2)

3. Effective in August 2008, first-time enrollees must have a composite ACT score of 18 and a 2.0 high school GPA for regular admission to a four-year college or university other than Marshall University or West Virginia University. (Section 3.3)

4. Effective in August 2008, first-time enrollees at Marshall University and West Virginia University must have a composite ACT score of 19 and a

35 2.0 high school GPA for regular admission. (Section 3.3)

5. Beginning with the 2006 fall semester, students submitting ACT or SAT I score for purposes of undergraduate admission must complete the writing assessment section of each exam. (Section 3.3)

6. Stipulations are established for any institutional program of conditional admissions. (Section 3.3.1)

7. Provisions are established for waivers of high school unit requirements and ACT and SAT I writing assessment requirements for non-resident applicants.

36 TITLE 133 PROCEDURAL RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 23 STANDARDS AND PROCEDURES FOR UNDERGRADUATE ADMISSIONS AT FOUR-YEAR COLLEGES AND UNIVERSITIES

§133-23-1. GENERAL

1.1 Scope -This rule establishes standards and procedures for undergraduate institutional admissions policies at four-year colleges and universities.

1.2 Authority - West Virginia Code ' 18B-1-1A; 18B-1-4

1.3 Filing Date - July 11, 2002

1.4 Effective Date - August 10, 2002

1.5 Repeal of Former Rule - Repeals and replaces Title 133, Series 23 which had an effective date of August 10, 2002. 131, Series 44 which had an effective date of February 28,2000 and Title 128, Series 44 which had an effective date of February 11, 2000.

§133-23-2. STATEMENT OF PRINCIPLES

2.1 It is the intent of the Higher Education Policy Commission that West Virginia residents shall have access to higher educational opportunities commensurate with their interests and abilities. Working toward this end, the commission continues to encourage the development of academic programs and flexible time-space options which allow citizens throughout West Virginia to develop to the fullest their capabilities for work and fulfillment of life. It is further the intent of the Commission that admissions policies at the four-year state-supported institutions of higher education should foster the attainment of these broad goals of access to the highest extent possible within the limits of available educational programs and resources.

2.2 In recognition of the diverse educational programs offered by the different public four-year higher education institutions and the varying kinds of preparation necessary for successful entry into them, the Commission considers it more appropriate to establish basic statewide guidelines and standards than to provide detailed provisions related to admissions criteria and procedures. Accordingly, the Commission has identified certain basic

37 policies and provisions around which specific institutional admissions policies and practices are to be developed.

§133-23-3. BASIC ADMISSIONS STANDARDS

3.1 As a means of ensuring a reasonable chance of success in the educational programs for which students seek admission and of making the most productive use of federal, state and community resources, institutional admissions policies shall incorporate the following basic standards.

3.2 This rule applies to undergraduate admissions at West Virginia public four- year colleges and universities, regardless of program level. The standards in this rule also apply to students who enroll in baccalaureate- level programs at state higher education institutions where missions are primarily the offering of associate-level degrees (Admissions standards at Potomac State College of West Virginia University will be at least as rigorous as those at the community and technical colleges). Community and Technical Colleges and Community College Divisions at Four- (4) Year Institutions. Regular admission to community and technical colleges and community college divisions at four-(4) year institutions is open to any person who has a high school diploma or meets General Educational Development (GED) requirements. Other persons may be admitted on a conditional basis but shall be evaluated at the conclusion of each semester of enrollment to determine whether college-level academic performance indicates an ability to continue their studies. Neither regular nor conditional admission shall ensure the entry of applicants into specific programs.

3.3 Bachelor's Degree Programs at Four-Year Colleges and Universities. Students who meet General Educational Development (GED) requirements or have a high school diploma and overall grade-point average (GPA) of at least 2.0, or a composite score of at least 17 (19 18 and/or a 2.0 GPA effective August 2008) on the ACT may be admitted on a regular admission basis to four-year colleges and universities which offer associate and bachelor's degree programs. at four-year. For universities which grant doctoral degrees, the minimum high school GPA/standardized test score requirement for regular admission (effective August 2008) is a 19 ACT composite score and a high school 2.0 GPA. Students will normally be expected to sit for the ACT. However, in instances where students have taken the SAT I examination Scholastic

38 Aptitude Test (SAT), these scores may be substituted for the ACT. SAT I scores will be converted to ACT equivalents by using an appropriate conversion chart authorized by the chancellor. These students will not be required to take the ACT at a later time.

Beginning with the 2006 fall semester, students submitting ACT or SAT I scores for purposes of undergraduate admission must complete the writing assessment part of each exam.

3.3.1 Conditional admission may be granted in instances where GPA or ACT standards are not met and institutional officials have evidence that the student has the potential to successfully complete college-level work. Students who do not meet the GPA or ACT standards, but who demonstrate the potential to complete an undergraduate program may be admitted provisionally with the following stipulations:

3.3.1.1 If freshman placement standards require, developmental work must be completed prior to enrolling in the corresponding college-level courses.

3.3.1.2 Students must complete the provisions of their conditional admission within the first three semesters of enrollment.

3.3.1.3 Conditionally-admitted students must achieve a minimum of a 2.00 GPA in at least twelve graded hours.

3.3.1.4 When all admission standards have been met, conditional status will be removed and the student will become a regular admission student.

3.3.2 In addition to GPA and ACT requirements, students must successfully complete the following minimum academic core unit requirements (effective until August 2008) prior to admission:

Required Units (Years)

4 English (including courses in grammar, composition, literature)

3 Social Studies (including U.S. History)

3 Mathematics* (Algebra I and at least one higher unit)

39 3 Science* (Two of the three units must be laboratory science. At least two units from Coordinated and Thematic Science 10, Biology, Chemistry, Physics and other courses with a strong laboratory science orientation)

*Three units each in mathematics and science will be required for regular admissions no later than fall 2003.

Strongly Recommended Units

2 Foreign Language

Elective Units

Remaining Units -- It is recommended that the remaining elective units be chosen from the academic core (English/language arts, mathematics, science, social studies) or subjects such as computer science, fine arts, humanities, and keyboarding.

3.3.3 Effective August 2008, students in addition to GPA and ACT requirements, must successfully complete the following minimum academic core unit requirements prior to admission:

Required Units (Years) 2008 Standards

4 English (including courses in grammar, composition, and literature)

3 Social Studies (including U.S. History)

4 Mathematics (three units must be Algebra I and higher)

3 Science (all courses to be laboratory science; Coordinated and Thematic Science I & II combined count as one lab science unit)

1 Arts

2 Foreign Language (Two units of the same foreign language)

3.3.4 Institutions are authorized to employ the following exemptions to the above unit requirements:

40 3.3.4.a All four-(4) year public higher education institutions have the discretionary authority to waive the college preparatory curricular requirements for regular admission for not more than five percent (5%) of freshmen students who graduated from high school within five (5) years of the date of enrollment (five percent (5%) based upon enrollment of first-time freshmen entering the institution in the fall term of the previous year).

3.3.4.b Applicants for admission who have been out of high school for more than five (5) years or who meet institutionally-established GED requirements may be exempted from the specified high school curricular requirements at the discretion of the individual institution.

3.3.4.c Non-resident applicants for admission who graduate from high schools not requiring the minimum number of units for high school graduation listed in Section 3.3.3 (effective August 2008) and non-resident applicants who have not completed the ACT writing assessment (effective August 2006) may be exempted from the resident curricular requirements at the discretion of the individual institution.

3.3.5 The academic performance of students admitted under one (1) of the above exemptions or on a conditional basis must be evaluated at the conclusion of each semester. To continue, such students must be in good academic standing according to institutional standards as stated in the institutional catalog for regularly-admitted students. Neither regular nor conditional admission shall ensure the entry of applicants into specific programs.

3.4 Transfer Students. Students seeking transfer admission to a state college must be academically eligible to return to the institution from which they wish to transfer. Students seeking transfer admission or readmission to a community college or community college division must meet the institution's basic admission standards. Students attending community and technical colleges or community college divisions who are seeking to transfer into a four-(4) year program must meet the regular institutional criteria for transfer admission.

41 3.4.1 Students under disciplinary sanction at a West Virginia public college or university at the time of the application for transfer admission are also subject to other applicable rules of the Higher Education Policy Commission.

3.5 Non-Degree Students. An institution may admit students on a non-degree basis. By definition, such students are not seeking and/or not eligible to pursue a certificate or degree at the institution.

3.6 It should be noted that the basic standards contained in this section are based upon current levels of funding. Should financial resources be limited, it may be necessary to establish additional standards and/or accept only those qualified students applying by a specified date.

§133-23-4. INSTITUTIONAL ADMISSIONS PROCEDURES

4.1 High school transcripts are required to be on file for each incoming freshman who is registered in an undergraduate certificate or degree program and who has graduated from high school within five years. Such transcripts shall be on file with the institution prior to the end of the first semester of the student's attendance.

4.2 Students who desire to enroll on a degree-seeking basis at the four-year state colleges and universities who do not meet the GED requirements or have a high school diploma and an overall grade point average of at least 2.0 must submit ACT or SAT I scores prior to admission.

4.3 In accordance with Section 3.3, students who substitute SAT I scores for ACT scores will not be required to take the ACT at a later time.

4.4 Degree-seeking state college students at four-year colleges or universities who do meet the GED or high school grade point average requirements must submit ACT or SAT I scores prior to their second semester of enrollment.

4.5 All students who have graduated from high school or completed GED requirements more than five years prior to seeking admission to a four-year college or university may have the requirement for ACT or SAT I scores waived at the discretion of the institution.

4.6 Transfer students must supply the institution with official transcripts reflecting all previous college work prior to admission.

42 4.7 In addition to the above, colleges may use, but shall not be limited to the use of, the following information in determining admission to institutions and/or institutional programs:

4.7.1 Records of traditional academic performance relative to the specific educational program to which the student seeks entry.

4.7.2 Record of nontraditional learning experiences.

4.7.3 Standardized examinations relative to the requirements of the program to which the student seeks entry.

4.7.4 College equivalency examinations such as the College Level Examination Program (CLEP) and the Proficiency Examination Program (PEP); and also, special preparatory programs such as the Advanced Placement Program of the College Entrance Examination Board Program and the International Baccalaureate Diploma.

4.7.5 Recommendations and reports of interviews.

4.8 Health and immunization records may be required after admission into the institution. Immunization records are to be submitted at the time of initial enrollment in accordance with the applicable rule of the Higher Education Policy Commission.

§133-23-5. INSTITUTIONAL ADMISSIONS POLICIES

5.1 Institutional admissions policies shall be comprehensive and stated in specific terms and shall include the general admissions requirements of the institution, as well as additional requirements for entry into specific programs.

5.2 While it is not the policy of the commission to exclude nonresidents from state institutions or their programs, preference shall be given to qualified West Virginia residents (as defined by Series 34) in cases where enrollments must be limited.

5.32 All institutional admissions policies shall be submitted to the commission for evaluation in terms of their compatibility with stated commission policies, institutional goals and available educational programs and

43 resources. Any amendments to admission policies shall be submitted to the commission prior to their actual implementation at the institutional level.

5.43 All institutional admissions policies shall be consistent with existing commission policies and applicable State and Federal regulations regarding nondiscrimination.

5.54 Subject to commission approval, institutions may establish admission standards more rigorous than those established by this rule for basic admission to the institution and/or for admission into specific programs.

§133-23-6. IMPLEMENTATION DATE

6.1. The high school GPA and ACT/SAT I test score requirements in section 3.3 and the successful completion of high school unit requirements listed in section 3.3.3 and related exemptions outlined in Section 3 shall be effective no later than the fall of 2008. The requirement for inclusion of the writing assessments in the ACT and SAT I exams for students submitting ACT or SAT I scores shall be effective with the fall 2006 semester. The effective date of all other provisions of this policy will be sixty (60) days after the date of filing with the West Virginia Secretary of State's Office.

44 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Revision of Series 17, Transferability of Credits and Grades at the Undergraduate Level

INSTITUTIONS: All

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Information item only

STAFF MEMBER: Bruce Flack

BACKGROUND:

Senate Bill 448 charges the Commission and the West Virginia Council for Community and Technical College Education to support maximum opportunities for students to transfer academic credits among the public higher education institutions in West Virginia. At a recent meeting of the Academic Policy Committee, efforts to expand transfer opportunities for community college students, particularly holders of Associate of Applied Science degrees and to revise the current transfer rule, Series 17, Transferability of Credits and Grades at the Undergraduate Level, were discussed.

A statewide committee, including academic officers and faculty from the two-year and four-year institutions, has been developing a baccalaureate-completion degree, the Bachelor of Applied Science, for students who have completed the Associate of Applied Science degree. The prototype for this degree will soon be completed and once approved is one which can be adopted by interested state colleges and universities.

The committee has also taken the lead in preparing revisions to Series 17, Transferability of Credits and Grades at the Undergraduate Level. A draft of the revised policy follows. Series 17 will be a joint rule for the Commission and Council. Its provisions will apply to all public higher education institutions in West Virginia. Following the Commission and Council reviews, the draft will be circulated to the institutions and constituent groups for comment. It is the intent to bring the draft back to the Commission and Council in February 2005 for final approval.

45 Draft

TITLE 133 PROCEDURAL RULE

WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 17 TRANSFERABILITY OF CREDITS AND GRADES AT THE UNDERGRADUATE LEVEL

§133-17-1. GENERAL

1.1 Scope: This rule establishes guidelines for the transferability of credits and grades at the undergraduate level.

1.2 Authority: West Virginia Code § 18B-1-1A, 18B-1-4

1.3 Filing Date: May 22, 2002

1.4 Effective Date: June 22, 2002

1.5 Repeals and replaces Title 128, Series 17, and Title 131, Series 17 133, Series 17 which had an effective date of June 22, 2002.

§133-17-2. TRANSFER GUIDELINES

2.1 It is the policy of the West Virginia Higher Education Policy Commission that the transfer of credits among public institutions of higher education will be complete, consistent with appropriate and legitimate academic program integrity. Institutional practice is to ensure that students may transfer and apply toward the requirements for a degree the maximum number of credits earned at a regionally accredited institution with as few requirements to repeat courses or to take additional courses as is consistent with sound academic policy.

2.2 To this end, the following policy guidelines are hereby promulgated:

2.2.1 Undergraduate level credits and grades earned at any public institution in West Virginia shall generally be transferable to any other such institution. Use of grades for institutional purposes, such as, without limitation, criteria for academic probation, recognition for graduation with honors or other institutional purposes, shall be subject to the policy of the receiving institution.

2.2.2 Provided all other provisions of this rule are met, at least 64 and no more than 72 hours of credits and grades completed at public community and technical colleges or regional campuses in West Virginia shall be transferable to any public baccalaureate degree-

46 Draft

granting institution in West Virginia. Exceptions to the 72 hour transfer limit may be made by the chief academic officer of the baccalaureate institution receiving the credits and grades.

2.2.3 With the exception of those enrolling in specialized four-year programs which have demonstrable and bona fide externally imposed requirements making such a goal impossible, students completing two-year associate degrees at public institutions in West Virginia shall generally, upon transfer to a baccalaureate-level degree-granting institution, have junior level status and be able to graduate with the same number of total credit hours as a nontransfer student at the same institution and in the same program. An exception may exist in any instance where the associate degree is a technical type designed for terminal career occupational/career purposes and the general education component is substantially of a markedly different nature than that required for a student at the same two-year institution enrolled in a college transfer associate degree program.

Credit hours taken in general education toward associate degrees will count toward the general education credit hours required at the baccalaureate degree-granting institution. All specific degree requirements at the baccalaureate institutions must be met.

2.2.4 In an effort to meet the needs of students enrolled in occupational/career associate degree programs at West Virginia public community and technical colleges who seek to complete baccalaureate-level education, the public baccalaureate institutions are encouraged to provide opportunities for students to enroll in applied baccalaureate-completion programs.

2.2.5 Each institution with baccalaureate-completion programs is encouraged to make full utilization of distance education, including on-line courses, to provide transferring students with associate degree credits the maximum opportunities to complete a baccalaureate degree.

2.2.46 In response to the statutory charge that undergraduate core coursework completed at a state institution is transferable as general studies credit to all other state institutions of higher education in West Virginia for credit with the grade earned, the West Virginia Higher Education Policy Commission and the Council for Community and Technical College Education maintains a core coursework transfer agreement. Under the terms of the agreement, a student may transfer a minimum of thirty-two hours of undergraduate coursework in the areas of English composition, communication and literature, mathematics, natural science and social studies as general education studies credits. The core coursework transfer agreement lists the general studies courses at

47 Draft

each institution which have been approved for inclusion in the agreement and is updated annually.

2.2.57 There shall be developed and maintained specific detailed articulation agreements between appropriate public institutions in West Virginia. Particularly community colleges and community college divisions will indicate clearly in catalogs and other official materials which courses are not necessarily transferable for major programs or other specific purposes to those institutions where significant numbers of students traditionally transfer: any such course(s), however, will be transferred as unclassified elective credit up to the maximum herein allowed. Information on articulation agreements between community and technical colleges and baccalaureate institutions in West Virginia, including specific courses that are part of the agreement, will be published in official campus materials and widely disseminated to students.

2.2.68 While each institution is encouraged to maintain high quality standards in its undergraduate transfer policy, it is also the expectation that each institution will be flexible in the establishment of any residence requirement. With the advent of instructional communications technology, particularly web-based instruction, and the emerging pattern of many students completing credits from a number of institutions, institutions may wish to eliminate or curtail substantially the imposition of a residency requirement for credits completed at the degree-granting institution. An institution may maintain, however, requirements for an appropriate minimum grade point average on previous work attempted and the grade point average for admission to a particular program.

2.2.79 Each institution shall file its policy for undergraduate admission on transfer of academic credits with the Chancellor’s office.

48 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Report on Licensing and Oversight of Institutions Providing Post-Secondary Education in West Virginia

INSTITUTIONS: All

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission receives the report, Study of Licensing and Oversight of Institutions Providing Post-Secondary Education in West Virginia.

STAFF MEMBER: Bruce Flack

BACKGROUND:

The report on licensing and oversight of institutions providing post-secondary education in West Virginia is the response to a statutory charge in Senate Bill 448 that the Council for Community and Technical College Education and the Commission conduct a joint study of current policies relating to licensing and oversight of public and private degree-granting and non-degree granting institutions providing post-secondary education programs or courses within the state or from locations outside the state through distance learning.

The two policies in West Virginia public higher education which regulate institutions which wish to offer courses and programs in the state are Series 35, Correspondence, Business, Occupational, and Trade Schools, and Series 20, Authorization of Degree Granting Institutions. Series 20 applies to colleges and universities, public, private, and proprietary, which offer associate degrees and above and which desire to operate in West Virginia. A study of policies and procedures in eleven states, mostly from the Southern Regional Education Board (SREB) geographic area, reveals that licensure and oversight policies and applications are similar to those in the states surveyed.

The study did reveal, however, that some modification of Series 35 and Series 20 is desirable. The report concludes with a number of recommendations for policy changes. Discussion of issues in the report will likely lead to suggestions for further modifications. For example, it may be desirable to require a renewal fee, in addition to the proposed initial fee set forth in Series 20, for institutions desiring to locate operations in West Virginia. The expectation is that revision of both rules will be proposed during the next several months and that the revised rules be brought before the Commission, the Council, and the Legislative Oversight Commission on Education Accountability (LOCEA) for approval.

49 Study of Licensing and Oversight of Institutions Providing Post-Secondary Education in West Virginia

Basis for the Study

Senate Bill 448 (18B-1B-11) provides:

The commission and the council shall conduct a joint study of current policies relating to licensing and oversight of both public and private degree-granting and nondegree- granting entities providing postsecondary education programs or courses within the state or from locations outside this state through distance learning or any technology methods.

The statute further provides that the study shall examine:

1. The strengths and weaknesses of current state and higher education policies including a determination of how well the policies protect consumers and whether such protection should be expanded: 2. The appropriate entity within public higher education to assume licensing and oversight of each type of institution: 3. The standards to be used for program approval or a method to develop such standards; and 4. The requirements for fees and bonding.

Background – Development of Current Policy on Post-Secondary Licensure and Oversight in West Virginia

This report includes several elements. It includes a summary of code provisions and higher education policies on licensure and oversight of public and private post-secondary institutions in eleven states, most of which are in the geographic area served by the Southern Regional Education Board and have some similarity to West Virginia. The eleven states are: Colorado, Kentucky, Maryland, Massachusetts, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, and Virginia. The study of practices in the eleven states focused on the types of institutions which were covered under state regulations. Other elements of the report concern how West Virginia higher education policies on licensure and oversight address (1) appropriate entity for assuring licensure responsibility, (2) consumer protection, (3) standards for program approval, and (4) requirements for fees and bonding. The report concludes with recommendations for modification of current policy in West Virginia.

A necessary first step in examining issues related to licensure and oversight is to take note of the current policies in effect for West Virginia. West Virginia has two policies governing the operation of postsecondary institutions in the state. The two policies, Series 35, Correspondence, Business, Occupational, and Trade Schools, and Series 20, Authorization of Degree Granting Institutions, are maintained respectively by the Council for Community and Technical College Education and the Higher Education Policy Commission.

Series 35, Correspondence, Business, Occupational, and Trade Schools

Series 35, Correspondence, Business, Occupational, and Trade Schools, was originally approved by the State College System Board of Directors in January 1993. The rule responded to legislation enacted in the 1992 regular legislative session requiring the Board to promulgate a rule for granting permits and

50 monitoring proprietary (for-profit) correspondence, business, occupational and trade schools. Action on the rule was delayed for a year at the request of the Legislative Oversight Commission on Education Accountability. Final approval by the State College Board came in October 1994. This policy was transferred to the West Virginia Council for Community and Technical College Education in 2004. Definitions for the types of schools covered by this policy are:

“Correspondence school” means an education organization which, for a consideration, profit, or tuition, teaches or instructs in any subject that prepares an individual for employment solely through the medium of correspondence between the student and at the school, and by which the school transmits to or exchanges matter with the student via printed material, video-tapes, cassette-tapes, telecommunications, or other means.

“Business, occupational, or trade school” means an institution, organization, or entity no matter how titled, maintaining or conducting classes or instruction for a consideration, remuneration, or tuition, designed to prepare an individual for employment or enhance employment skills.

Series 20, Authorization of Degree Granting Institutions

The second policy, Series 20, Authorization of Degree Granting Institutions, relates to higher education institutions that use the terms “college” or “university”. This policy was originally approved by the Board of Regents in 1987 and retained by the University System Board of Trustees and the State College System Board of Directors. In 2002, the policy was significantly revised by the Higher Education Policy Commission. West Virginia Code 18B-4-7 states that no entity shall award a degree until the condition of conferring such degree has first been approved in writing by the Higher Education Policy Commission. The Code in 18B-1B-4 also provides that the Higher Education Policy Commission has the power and responsibility for developing policies for licensing private degree-granting institutions that provide postsecondary education courses or programs in the state. The definition for institutions covered by the policy is:

“Institution of higher education” means any person, firm, corporation, association, agency, institute, trust or other entity of any nature whatsoever offering education beyond the secondary level which:

• Offers courses or programs of study or instruction which lead to or which may reasonably be understood to be applicable toward a degree; or • Operates a facility as a college or university or other entity of whatever kind which offers degrees or other indicia of a level of educational attainment beyond the secondary school level; or • Uses the term “college” or “university” or words of like meaning, in its name or in any manner in connection with its academic affairs or business.

Exempt institutions or programs are:

• Any existing institutions of higher education located in and approved to operate in West Virginia prior to July 1, 2002. • Correspondence, business, occupational and trade schools which o offer nothing higher than a specialized associate degree, and o typically do not pursue regional accreditation. • Out-of-state institutions: o offering courses or programs through brokering or other collaborative arrangements with a West Virginia public institution of higher education; o offering a short course or seminar in which the instruction for the segment takes no more than twenty classroom hours, or o offering courses or programs on a military installation solely for military personnel or civilians employed on such installation.

51 Licensure and Oversight in Other States

To gain a better understanding of licensure and oversight of higher education by other states, a study was completed on major facets of regulating provisions in eleven other states. A review of these policies reveals essential similarities with policy as applied in West Virginia. The most common model is for two entities to approve the operation of postsecondary institutions in a state. A higher education board/commission is typically responsible for institutions described as colleges or universities. Business, occupational, trade, or correspondence schools (often described as proprietary institutions in policy) usually fall under the responsibility of boards for proprietary education, community college system boards, or state boards of education.

The review of policies in other states was helpful in formulating recommendations for policy change in West Virginia. An additional report which was included in the study was Distance Learning: Survey Report of SREB State Regulations, an examination of how SREB states incorporate distance learning in their oversight of institutions utilizing distance delivery. The focus for the review was on the four elements of the legislative charge for the study: consumer protection, standards for approval, fees and bonding, and appropriate entity(ies) for licensure and oversight. The following sections of this report include insights from the review of other state policies. Detailed summaries of policy provisions in the eleven states surveyed are in Appendix A of this report.

Consumer Protection

The expressed purpose of state policies on institutional licensing is to provide consumer protection. Specifically, the policies are intended to offer protections for students pursuing higher education opportunities. As part of this protection, most state policies make unlawful any unfair or deceptive acts or practices or inaccurate statements. Provisions in these policies promote disclosure in such areas as recruitment, admissions, contractual agreements, student financial assistance, obligations with regard to student loans, placement assistance and job placement rates, refund policies, the meaning and recognition of different types of accreditation, and transfer of credits.

Much of the language of the consumer protection provisions in the eleven states is designed to ensure that institutions meet minimum academic standards which are consistent with current professional judgment. These standards are discussed in the next section.

Standards for Approval

The review of state polices revealed great commonality in the standards being used to evaluate proposals to operate postsecondary institutions in the states. These standards were fairly consistent for all types of institutions. A brief description of the more common standards in policies of other states follows.

Mission, Planning and Evaluation: The institution shall have a clear, accurate and comprehensive mission statement which is available to the public. There should be evidence that the institution is engaged in planning to enhance its goals and in evaluations to gauge its effectiveness. The activities should involve the entire campus community.

Organization and governance: The institution shall have a document that accurately states the powers and duties of the governing board and institutional administrators and the role of faculty and students in governance. The education and experience of board members and administrators should be appropriate to establish and maintain the educational programs of a quality consistent with the institution’s stated objectives and mission.

Student records: The institution shall maintain adequate student records, including but not limited to: official transcripts, information concerning the date of admission, the basis for admission, period of

52 attendance, honors awarded, diplomas, degrees or certificates earned, and appropriate evaluation of the quality of work completed.

Student services: The institution shall provide adequate services in such areas as admissions, counseling and guidance, financial aid, and job placement.

Publications: An institutional catalog should be regarded as the basic reference about the institution and its programs. The catalog and any other appropriate documents should be comprehensive, accurate, unambiguous and up-to-date in presentation of the institution’s mission, policies, resources, general environment, instructional offerings, and other services.

Programs and instruction: The substance of each course or program shall reflect and support the purpose of the institution. The programs should include provisions for the development of skills and techniques of learning, opportunities for general education, and pre-professional, professional or occupational education. Program or course objectives and degree requirements shall be clearly stated. The programs of instruction should include course work that extends over a sufficient period of time to fulfill the purpose of the institution. There shall be evidence of program review and student assessment. There shall be some type of certification awarded following a student’s satisfactory completion of a program of study.

Faculty: The institution shall have an appropriately qualified faculty in sufficient numbers to meet all requirements of the institution’s courses of study. All faculty shall hold proper credentials, and their preparation and qualifications must be suited to the field and level of their instructional assignments.

Financial resources: The institution must present evidence of past, present and future financial stability, with resources adequate for fulfilling its commitments to students.

Facilities and library: The institution must have adequate space, equipment and instructional materials available to it to provide education of good quality. All facilities shall comply with appropriate health and safety standards.

Business practices: The institution shall not engage in untrue and misleading advertisements. All advertisements, announcements and promotional material of any kind which are distributed shall be free from statements that are untrue, deceptive or misleading with respect to the institution, its personnel, its services, its degree-seeking status, its accreditation, and the transferability of its courses or degree programs.

Cancellation and refund policy: The institution shall have and maintain a fair and equitable cancellation and refund policy which applies equally to all students. Such policy should appear in the catalog of the institution and other appropriate publications.

Fees and Bonding

While it was common for the states reviewed to have code or policy provisions relating to application fees and bonding, practices, however, are not uniform. Fees are generally collected to support the operations of the central office in carrying out its responsibilities. Bonds are generally required as a consumer protection measure.

Fees

For states that established flat application fees, the fees ranged from $250 to $4,000 for the initial application. Some states also required annual fees. The application fee in a few states was based on a percentage of the actual or expected annual gross income generated by tuition and fees. In four of the states surveyed, there was no citation in code or policy that referenced an application fee. In several states with separate statutory language on proprietary/career schools, the amount of the application fee was left to the discretion of “board.” In states that required on-site visits prior to approval or licensing, the cost of the visit was the responsibility of the institution.

53 Bonds

A majority of the states studied require the institution to provide a surety bond before licensing. Generally, the bond must be executed by a surety company authorized to do business in the state. The obligation of the bond is that the institution and its agents will faithfully perform the terms and conditions of contracts for tuition and other instructional fees entered into between the institution and persons enrolling as students. Some states allow institutions to pledge alternative means of collateral such as maintaining an unrestricted endowment or providing a letter of credit. Generally, the amount of the bond is not a set figure except for a minimum amount. The lowest amount revealed by the study was $5,000. Two methods for calculating the amount of a bond are described below.

(1) The bond shall be in an amount not less than ten percent of the projected annualized gross income of the proposed programs to be licensed, in ten thousand dollar increments.

(2) The amount of the surety bond coverage is equal to or in excess of the largest amount of unearned tuition held by the college at any time during the most recently completed fiscal year. A college applying for a license the first time shall estimate the amount of unearned tuition based on projected enrollment and tuition and other instructional charges. “Unearned tuition” means the excess of cumulative collections of tuition and other instructional charges over the cumulative amount of earned tuition and other instructional charges in accordance with the college’s refund policy.

Conclusions and Recommendation on Licensing Authority

The review of the structures in place in eleven other states revealed that the most common model is for two different entities to approve the operation of postsecondary institutions in a state. A higher education board/commission is normally responsible for what would be considered traditional colleges and universities. These institutions would normally be expected to have or be seeking accreditation on the basis of an on-site review by one of the six nationally recognized regional accrediting associations or by another appropriate accrediting agency. Typically, the higher education agency would not be responsible for correspondence, business, occupational and trade schools that offer programs of instruction in business, trade, technical, industrial or related areas. These programs are designed to prepare an individual for entry positions in occupations. Boards for proprietary education, community colleges boards or departments of education are examples of entities that have oversight of these proprietary schools.

Since 1994, West Virginia has had two policies governing the operation of postsecondary institutions in the state. With the creation of the West Virginia Council for Community and Technical College earlier this year, these policies are being implemented by two different entities. Because of the close relationship that exists between the staff of the Council and the Higher Education Policy Commission, there is extensive coordination and collaboration to ensure that the appropriate policy is applied to each institution.

Recommendation: It is recommended that authority for the licensing and oversight of postsecondary education institutions remain with the current higher education entities as administered currently. The Higher Education Policy Commission shall retain responsibility for institutions governed by Series 20, while the Council for Community and Technical College Education shall retain control over institutions governed by Series 35.

Each rule should be revised to incorporate the recommendations for Series 20 and Series 35 that are in this report. Further, each rule must clearly delineate the types of post-secondary institutions covered by the respective policies.

54 Staff who currently serve the Higher Education Policy Commission and the Council for Community and Technical College Education should continue to provide the staff support for administering licensure and oversight responsibilities in the respective policies. It is essential that staff for the Commission and Council communicate regularly and work closely together to assure that the oversight and licensure functions are adequately maintained.

Conclusions and Recommendations on Series 35, Correspondence, Business, Occupational, and Trade Schools

Consumer Protection

Series 35 includes most of the critical consumer protection elements listed earlier in the report, including sections on cancellations and refunds, advertising, public disclosures and student complaints. Experience in the administration of Series 35 reveals a need to modify the section of the policy on dealing with student complaints. In a recent investigation of institutional practice following a student complaint, it became apparent that the only punitive action for redress of grievances was revocation of the permit held by the post-secondary school. A subsequent civil suit brought by the student in this instance resulted in a judgment that the rule be amended to provide a means for resolution of student complaints which allowed for lesser punitive sanctions rather than revocation of a school’s permit. The rule needs to be revised to address the issue of appropriate penalties for consumer protection violations for post-secondary institutions covered under Series 35.

Recommendation: Series 35 should be revised to expand the remedies available to the Council for handling student complaints. Following an investigation of a student complaint, the Chancellor for Community and Technical College Education should undertake an investigation followed with a recommendation for appropriate corrective action. A refusal by the institution to implement the recommended action would be grounds for the Council to revoke authorization to operate, place the school on probation, order refunds to students, forfeit the school’s surety bonds or take any other appropriate action. The policy should also clarify the guidelines and procedures for conducting the hearing.

Standards for Approval

Series 35 does not contain a specific section dealing with standards for approval. Embedded in the policy, however, are elements that deal with curriculum, tuition, facilities, personnel and student records.

Recommendation: The standards for approval contained in Series 35 are adequate and do not require revision at this time.

Fees and Bonding

Series 35 requires both an initial application fee of $2,000 and a surety bond of $50,000. In addition, proprietary/occupational schools are required to pay an annual fee of $500.

Recommendation: The current surety bond and fee structure for schools authorized under Series 35 is adequate and requires no revision at this time.

55 Conclusions and Recommendations on Series 20, Authorization of Degree Granting Institutions

Series 20, Authorization of Degree Granting Institutions, addresses issues of consumer protection, standards for approval, and fees and bonding. Provisions in the rule for effective oversight in the areas are, however, at times insufficiently detailed. In the past, Series 20 has been generally adequate to deal with the limited number of requests of external colleges and universities to operate in West Virginia. With the growth in complexity and number of institutions which in the future may seek authorization to offer courses, programs, and educational services in the state, the rule must be strengthened. Further Series 20, currently a procedural rule, should be converted to a legislative rule.

Consumer Protection

The consumer protection provisions of Series 20 need to be strengthened. While the policy addresses consumer protection in general terms, the provisions should be more detailed. Sections relating to institutional practices such as cancellations and refunds, advertising, and processing of student complaints must be added.

Recommendation: Series 20, Authorization of Degree Granting Institutions, which is currently a procedural rule, should be revised and rewritten as a legislative rule.

Series 20 should be amended to include a section on cancellation and refunds. The policy should ensure that each institution has a fair and equitable refund policy which governs credits or repayments of unearned tuition, fees, and other institutional charges assessed a student when the student fails to begin classes or withdraws early for any reason. Additionally, the policy should be revised to include provisions regarding advertising. Minimally, advertising should clearly indicate appropriate authorization to operate and any appropriate accreditation received from an agency recognized by the U.S. Department of Education. The policy provisions should ensure that all advertisements, announcements and promotional material of any kind shall be free from statements that are untrue, deceptive, or misleading with respect to the institution, its personnel, its services, or the content, accreditation status, and transferability of its courses or degree programs. Finally, the policy should include provisions for dealing with student complaints including the application of appropriate sanctions and remedies.

Standards for Approval

Series 20 includes academic and operational standards for exercise of licensure and oversight of post- secondary institutions. Among these are:

• Familiarity with accreditation and state authorization policies and procedures • Statement of mission • Institutional organization • Degrees and academic programs • Admission policies • Financial resources

These standards are commensurate with policy standards in other states. For the Commission to assess effectively requests of institutions to operate in West Virginia, specific criteria should be tied to the standards listed in the policy to measure institutional compliance with the standards. Criteria relating to faculty credentials, evaluation and assessment, teaching policies, financial aid, library resources, student records, and student grievances should be appended to the standards. The expanded standards will provide the Commission staff and any external reviewers with essential information to evaluate institutional requests.

56 Recommendation: Series 20 should be revised to include an expanded list of standards with detailed criteria to guide the review process when an institution is seeking authorization to operate in West Virginia. Among these are:

• Familiarity with accreditation and state authorization policies and procedures • Statement of mission • Institutional organization • Degrees and academic programs • Admission policies • Financial resources • Additional standards to address faculty credentials • Evaluation and assessment • Tuition policies • Financial aid policy • Library resources • Student records • Student grievance policy • Academic policies • Policies for on-line/distance education

Fees and Bonding

Series 20 requires a surety bond of $50,000, but currently requires no application fee. Given the growing interest of institutions to operate in West Virginia and the resulting increase in Higher Education Policy Commission staff responsibilities, it is recommended that Series 20 be revised to include an application fee. The fee will help support the implementation of the policy and will be a measure of the seriousness of the institution proposing to operate in the state. Since there can be a wide variance in the size of the schools desiring to operate in West Virginia, it will be useful to establish a structure for fees and bonds that accounts for the size of the operation.

Recommendation: It is recommended that an initial application fee be charged in an amount that is one-half percent of the actual or expected gross income of the authorized programs, but not less than $300 or more than $5,000. Furthermore, it is recommended that the basic bond requirement remain at $50,000, but that a provision be adopted allowing for a lower amount when an institution has substantially less unearned tuition or student exposure than $50,000. In any event, the minimum bond should not be less than $10,000.

Other

Several additional modifications to Series 20 which are outside the scope of the statutory charge of this study, but which should be made are:

• Require institutions to be registered with the Secretary of State • Schedule an on-site visit prior to submitting a recommendation on preliminary authorization to the commission. The on-site visit should be conducted by commission staff and appropriate consultants familiar with accreditation standards. • Require annual progress reports while an institution is under candidacy status with an accrediting body

Recommendation: It is recommended that Series 20 be revised to include provisions relating to registration with the Secretary of State, on-site visitations, and annual progress reports.

57 APPENDIX A State Licensing and Oversight

The following are summaries of code provisions and state policy on structure of state licensing and oversight authority in eleven states which are in the Southern Regional Education Board area or are similar demographically to West Virginia.

Colorado

All private colleges and universities, private occupational schools, and seminaries or bible colleges shall register with the Colorado Commission on Higher Education, shall meet the authorization criteria, and shall be granted authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services.

“Private college or university” means a postsecondary educational institution doing business or maintaining a place of business in the state of Colorado which offers courses of instruction or study wherein credits may be earned toward a degree in a field of endeavor, which institution is accredited on the basis of an on-site review in Colorado by one of the six nationally recognized regional accrediting associations or by an accrediting agency determined by the Colorado commission on higher education to be appropriate to its educational purposes and programs, or an institution which is making reasonable and timely progress toward such accreditation, as determined by or in accordance with standards determined by the commission, as of May 27, 1981.

“Private occupational school” means any entity or institution for profit or not for profit located within or without this state which offers educational credentials or educational services that constitute occupational education in this state and which is not specifically exempt from the provisions of this article. These schools must be authorized by the Private Occupational School Division of the Commission.

“Seminary” or “bible college” means a bona fide religious postsecondary educational institution doing business or maintaining a place of business in the state of Colorado and which is exempt from property taxation under the laws of this state.

Exempt institutions fall under the provisions for private occupational schools and include the following:

• A school offering only educational services for which no money or other consideration is paid • A school offering only educational services to an employer for the training of its employees • Education offered by a bona fide trade, business, professional, of fraternal organization solely for that organization’s membership • Educational services offered by an employer for the training of its own employees • Apprenticeship training registered pursuant to state or federal law • Nurse aide training programs • Flight schools that are not certified by the United States veterans administration • Flight schools and flight instructors that do not collect advance tuition or fees • Educational programs, continuing education programs, and training programs offered or conducted by an organization which is listed as an exempt organization in 26 U.S.C. sec. 501 (c) of the federal “Internal Revenue Code of 1986”, as amended.

Kentucky

All colleges shall be required to hold a license issued by the executive director of the Council of Higher Education or his successor.

58 The designated use of the title “college” or “university” in combination with any series of letters, numbers pr words shall be restricted to the institutions licensed by the Council on Postsecondary Education

“College” means any educational facility or institution maintained or conducted by any person, association, partnership, corporation, or trust and operating as an institute, junior college, college, university, or entity of whatever kind which awards a degree, diploma, or other statement of recognition purporting to indicate a level of collegiate attainment beyond secondary school graduation. This definition includes private colleges located in Kentucky, private colleges located outside of Kentucky, but which operate in Kentucky, and public colleges located outside of Kentucky but which operate in Kentucky.

The term “college” does not apply to the following:

• Colleges licensed by the Board of Barbering • Colleges licensed by the Board of Hairdressers and Cosmetologists • Colleges licensed by the State Board of Proprietary Education • Colleges licensed by the State Board of Nursing

“Proprietary school” means a privately owned educational institution, establishment, agency, organization, or person offering or administering a plan, course, or program of instruction in business, trade, technical, industrial, or related areas for which a fee or tuition is charged whether conducted in person, by mail, or by any other method.

Upon satisfactory completion of training by the proprietary school, a student shall be awarded a diploma, associate degree, certificate or other appropriate appellation.

Maryland

The Commission shall establish minimum requirements for issuing certificates, diplomas, and degrees by public and nonpublic institutions of postsecondary education. An institution of postsecondary education may not commence or continue to operate, do business, or function without a certificate of approval from the Commission.

“Institution of postsecondary education” means an institution that offers an educational program within the State for individuals 16 years old or older who have graduated from or left elementary or secondary school.

Exempt institutions include the following:

• A nonpublic institution of higher education operating under a charter granted by the General Assembly • A religious degree-granting institution which certifies, in accordance with procedures established by the Commission, that it a) is founded and operated by a church or organization of churches as an integral part of the religious ministry of that church or organization, b) offers sectarian instruction only designed for or aimed at persons who hold or seek to learn particular religious faiths of beliefs of churches or religious organizations, and provides only educational programs for religious vocations, and c) states on the diploma or degree the religious nature of the degree • A church or other religious institution offering a postsecondary instructional program leading to a diploma or certificate only if designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of that church or religious organization, and providing only educational programs for religious purposes.

59 Massachusetts

No educational institution chartered, located, offering courses, or otherwise doing business within the commonwealth, shall award degrees within the commonwealth unless authorized to do so by the commonwealth; nor shall any educational institution chartered, incorporated or organized in another state conduct within the commonwealth any courses available to residents of the commonwealth leading to the award of a degree, unless such educational institution has received the approval of the commonwealth for such courses. The board of higher education shall be responsible for the implementation of the provisions of this section.

“Independent Institutions of higher education” means any institution, other than institutions within the public system of higher education, that offers or seeks to offer courses for credit or courses leading to an academic degree in Massachusetts.

All private occupational schools must be licensed by or registered with the Department of Education. A private occupational school, or proprietary school, is a privately owned and operated postsecondary school that charges tuition and is organized as either a non-profit or a profit-making venture primarily to teach vocational or occupational skills. A certificate or diploma may be awarded upon successful completion of the curriculum.

Missouri

No proprietary school, wherever domiciled or having its principal place of business, shall offer for sale, directly or through an agent, any course or solicit any prospective student in the state of Missouri without possessing a valid certificate of approval from the coordinating board for higher education.

“Proprietary school” means any person not specifically exempted in statute which offers or maintains on either a profit or not for profit basis within the state of Missouri a course or courses of instruction or study through classroom instruction or correspondence or which grants certificates or earned or honorary degrees.

Institutions and training programs that are eligible for exemption from the requirements of the Proprietary School Certification Program include the following:

• Missouri not-for-profit independent institutions accredited by a U.S. Department of Education recognized accrediting commission • Not-for-profit religious institutions accredited by a U.S. department of Education recognized accrediting commission • Charitable institutions that provide instruction without financial charge • Schools offering only non-vocational or recreational courses or programs • Employer sponsored instruction or training available only to employees • Training by restricted membership trade or professional associations for members only • Schools or training programs regulated and approved by other state agencies.

New Mexico

The Commission is charged with oversight of all private postsecondary educational institutions operating within the state. The Commission shall provide for the registration of all regionally accredited colleges and universities operating in the state pursuant to the Postsecondary Educational Institution Act. The commission shall provide for the licensure of all career schools and all non-accredited colleges and universities operating in the state pursuant to the Postsecondary Educational Institution Act.

“Postsecondary educational institution” includes an academic, vocational, technical, business,

60 professional or other school, college, or university or other organization or person offering or purporting to offer courses, instruction, training, or education, through correspondence or in person, to any person within New Mexico.

“Career school” means a private postsecondary educational institution offering a formal educational curriculum, in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a certificate, diploma, associate degree, or comparable confirmation of completion of the curriculum.

“College” or “university” means a private postsecondary educational institution offering a formal educational curriculum in New Mexico for a fee to members of the general public beyond compulsory school age, terminating in a baccalaureate degree, master’s degree, or doctoral degree or comparable confirmation of completion of the curriculum.

Institutions which may be exempt from licensure include the following:

• Accredited postsecondary institutions • Non-profit institutions whose sole purpose is to train students in religious disciplines to prepare them to assume a vocational objective relating primarily to religion • Occupational, trade, or professional schools operating pursuant to a New Mexico occupational licensing law under the jurisdiction of the New Mexico regulation and licensing department • Institutions or organizations exclusively offering education that is solely avocational or recreational in nature • Institutions or organizations providing instruction to an employer for its employees or providing instruction sponsored by a recognized fraternal, trade, business, or professional organization for its members • Organizations providing only brief courses of instruction designed to teach specific skills that may be applicable in a work setting but are not sufficient in themselves to be considered a program of training for employment.

North Carolina

Chapter 116 of the North Carolina General Statutes states that the General Assembly of North Carolina in recognition of the importance of higher education and of the particular significance attached to the personal credentials accessible through higher education and in consonance with statutory law of this State making unlawful any “unfair or deceptive acts or practices in the conduct of any trade or commerce,” hereby declares it the policy of this State that all institutions conducting postsecondary degree activity in this State that are not subject to Chapter 115 or 115D of the General Statutes, nor some other section of Chapter 116 of the General Statutes shall be subject to licensure under this section except as the institution or particular activity of the institution may be exempt from licensure by one or another provision of this section.

Chapter 116 provides the following definitions:

“Institution” means any sole proprietorship, group, partnership, venture, society, company, corporation, school, college, or university that engages in, purports to engage in, or intends to engage in any type of postsecondary degree activity.

“Postsecondary degree activity” means any of the following: a) awarding a postsecondary degree; or b) conducting or offering study, experience, or testing for an individual or certifying prior successful completion by an individual of study, experience, or testing, under the representation that the individual successfully completing the study, experience, or testing will be awarded therefore, at least in part, a postsecondary degree.

61 Exempt institutions include the following:

• Any institution that has been continuously conducting postsecondary degree activity in this State since July 1, 1972 • Institutions providing education designed primarily for career preparation in a religious vocation • An institution that undertakes postsecondary degree activity on the premises of military posts or reservations located in the State for military personnel stationed on active duty there, or their dependents

Chapter 115D of the North Carolina General Statutes grants the State Board of Community Colleges the authority to grant and issue licenses to proprietary business schools, proprietary trade schools, proprietary technical schools, and correspondence schools.

“Correspondence school” means an educational institution operated for the purpose of providing, by correspondence, for a consideration, profit, or tuition, systematic instruction in any field or teaches or instructs in any subject area through the medium of correspondence between the student and the school.

“Proprietary business school” means an educational institution that offers business and office related courses for which tuition is charged, in business or office related subjects or subjects of general education when they contribute value to the objective of the course of study.

“Proprietary trade school” means an educational institution that offers classes conducted for the purpose of teaching, for profit or for a tuition charge, any trade, mechanical or industrial occupation or teaching any or several of the subjects needed to train youths or adults in the skills, knowledge and subjects, related industrial information, and job judgment, necessary for success in one or more skilled trades, industrial occupations or related occupations.

“Proprietary technical school” means an education institution that offers classes conducted for the purpose of teaching, for profit or for a tuition charge, any technical occupation or teaching any or several of the subjects needed to train youths or adults in the skills, technical knowledge and subjects, related information and job judgment, necessary for success in one or more technical or related occupations.

Oklahoma

Any persons, group, or other entity, establishing a private educational institution shall do so only as a corporation organized or domesticated under the laws of Oklahoma. A private educational institution shall be accredited under rules promulgated and adopted by the Oklahoma State Regents for Higher Education unless such institution is accredited by a national or regional accrediting agency which is recognized by the Secretary of the United States Department of Education.

“Private higher education institution” means a private, denominational, or other two-year or four- year college or university which offers courses beyond the twelfth grade for which students earn credit and may be applied to satisfy the requirements for an associate’s bachelor’s graduate, or professional degree.

The Oklahoma Board of Private Vocational Schools is authorized by statute to license private schools.

“Private school” means any privately owned business school, trade school, or other school offering courses in, to residents of, or correspondence courses from Oklahoma in any business, professional, trade, technical, or industrial occupation for consideration or remuneration.

62 South Carolina

No nonpublic education institution established in South Carolina or offering a course or program in South Carolina has the authority to operate, to solicit students for enrollment, or to confer degrees or other educational credentials unless a license is first secured from the commission.

“Nonpublic educational institution” includes, but is not limited to, any educational entity operating or soliciting in South Carolina and is not owned or operated in whole or in part by the state of South Carolina offering resident or correspondence courses beyond the secondary school level to students upon the payment of tuition or fees.

Exempt institutions include the following:

• Institutions that a) are independent or church related, b) are two or four-year degree granting, c) have their primary emphasis on liberal arts, d) are accredited by the Southern Association of Colleges and Schools, e) are nonprofit, and f) have their primary place of business in South Carolina • Institutions whose sole purpose is religious or theological training • Institutions offering noncredit bearing courses exclusively for avocational purposes, as determined by the commissioner • Aviation institutions or instructors that offer flight training with the statement or implication that their primary objective is to train persons for personal or recreational purposes and not for gainful employment • Course or programs regulated and licensed or approved under an occupational licensing law of the State of South Carolina • Noncredit bearing courses or programs sponsored by employers solely for the training of their employees • Noncredit bearing courses or programs that do not prepare or qualify individuals for employment in any occupation or trade sponsored by recognized, trade, business, or professional organizations solely for the instruction of their members • Institutions that offer only noncredit bearing intensive review courses such as those designed to prepare students for certified public accountancy tests, law school aptitude tests, bar examinations, medical college admission tests, and other license preparation tests • Out-of-state institutions that formally collaborate with public South Carolina institutions in offering distance education coursework in this State and where the South Carolina institution offers the degree • Institutions that offer programs and courses on federal military installations

Tennessee

No institution may solicit, recruit, award credentials or operate as a postsecondary educational institution until such authorization is granted by affirmative vote of the Commission.

“Postsecondary education institution” includes, but is not limited to, an academic, vocational, technical, home study, business, professional, or other school, college, or university, or other organization or person, offering educational credentials, or offering instruction or educational services (primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance) for attainment of educational, professional, or vocational objectives.

Exempt institutions or programs include the following: • Education sponsored by a trade or fraternal organization solely for that organization’s membership

63 • Education offered by eleemosynary organizations provided that such education is not advertised or promoted as leading toward educational credentials. • Institutions that have been accredited for at least ten consecutive years • Institutions that have been chartered in Tennessee as a not-for-profit entity for at least 10 consecutive years • Institutions operated solely as barber schools, school of cosmetology, or schools of electrology • Educational programs conducted by state-licensed health care institutions

Virginia

Without obtaining the approval of the Council or a determination that the activity or program is exempt from such approval requirements, no institution of higher education subject to the provisions of this chapter shall: a) use the term “college” or ”university” or abbreviations or words of similar meaning in its name or in any manner in connection with its academic affairs or business; b) enroll students; c) offer degrees, courses for degree credit, or programs of study leading to a degree, either at a site in Virginia or via telecommunications equipment located within Virginia; d) initiate other programs for degree credit or award degrees, certificates, or diplomas at a new or additional level.

“Institution” or “institution of higher education” means any person, firm, corporation, association, agency, institute, trust, or other entity of any nature whatsoever offering education beyond the secondary school level which: a) offers courses or programs of study or instruction which lead to, or which may reasonably be understood to be applicable to, a degree; or b) operates a facility as a college or university or other entity of whatever kind which offers degrees or other indicia of a level educational attainment beyond the secondary school level; or c) uses the term “college” or “university,” or words of like meaning, in its name or in any manner in connection with its academic affairs or business.

Exempt institutions/programs include the following:

• Religious institutions • Proprietary schools and other postsecondary nondegree-granting institutions that are licensed by the State Board of Education • Postsecondary education course or program of study offered by an institution of higher education at a United States military post • Nursing education programs offered by an institution to the extent that the program is regulated by the Board of Nursing • Professional programs for professional or occupational training offered by an institution to the extent that the program is subject to approval by a regulatory board • Certificates or diplomas awarded by an institution on the basis of Continuing Education Credit • Courses or programs of study given by or approved by any professional body, fraternal organization, civic club, or benevolent order principally for professional education or advancement

A “proprietary career school” licensed by the Board of Education (authority recently transferred to the Council) is defined as a privately owned and operated institution or organization, no matter how titled, maintaining or conducting classes for the purpose of offering instruction for a consideration, profit, or tuition, designed to prepare an individual for entry positions in occupations, including but not limited to business, industry, skilled trades, or service occupations, or to upgrade an individual in previously acquired occupational-related skills.

64 APPENDIX B

TITLE 133 PROCEDURAL RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION SERIES 20 AUTHORIZATION OF DEGREE GRANTING INSTITUTIONS

1. GENERAL

1.1. Scope: This rule establishes the policy regarding accreditation and approval of degree-granting institutions.

1.2. Authority: W. Va. Code §18B-4-7

1.3. Filing Date: July 11, 2002

1.4. Effective Date: August 10, 2002

1.5. Repeal of Former Rule: Repeals and replaces Title 128, Series 15, and Title 131, Series 15 which had an effective date of September 18, 1988.

2. PURPOSE

2.1 The Commission is responsible for the approval of any institution, association or organization within the state which desires to offer programs or courses of higher learning in the State of West Virginia. Prior to offering any course or degree program in the State, the entity shall apply to the Commission for authorization to operate in the State. The provisions of this policy shall also apply to any course or programs delivered in the State by an out-of-state institution via distance education-based instruction if the institution will have a physical presence in the State.

3. DEFINITIONS

3.1 "Commission" means the West Virginia Higher Education Policy Commission.

3.2 "Institution of higher education" means any person, firm, corporation, association, agency, institute, trust or other entity of any nature whatsoever offering education beyond the secondary level which:

- offers courses or programs of study or instruction which lead to or which may reasonably be understood to be applicable toward a degree; or - operates a facility as a college or university or other entity of whatever kind which offers degrees or other indicia of a level of educational attainment beyond the secondary school level; or - uses the term "college" or "university," or words of like meaning, in its

65 name or in any manner in connection with its academic affairs or business.

3.3 "Degree" means any earned award conferred by a higher educational institution which represents satisfactory completion of the requirements of a program, or course of study, or any instruction beyond or apart from the secondary level of greater duration than eleven months of full-time study.

3.4 "Degree program" means a curriculum or course of study of greater duration than eleven months of full-time study in a discipline or field that leads to a degree.

3.5 "Course" means a formally organized, structured series of meetings open to the general public for which a fee is charged, and for which credit toward a degree either is awarded or may reasonably be understood to be applicable to a degree with the intent of imparting information or understanding at a level appropriate to a postsecondary audience.

3.6 "Distance education" means the delivery of any course or degree programs by which the primary mode of delivery to a site is television, videocassette, film, computer or other telecommunications devices.

3.7 “Physical Presence” means an institution employs in West Virginia any person or persons for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, or any other activity on behalf of the sponsoring organization. In addition, the institution has physical presence in West Virginia if it delivers, or plans to deliver, instruction in West Virginia, and receives assistance from any other organization within the state in delivering the instruction, such as, but not limited to, a cable television company or a television broadcast station that carries instruction sponsored by the institution.

4. EXEMPTIONS

4.1 The provisions of the policy shall not be applicable to the following institutions:

4.1.1 Any existing institutions of higher education approved to operate in West Virginia prior to July 1, 2002.

4.1.2 Correspondence, business, occupational and trade schools which

(a) offer nothing higher than a specialized associate degree, and (b) typically do not pursue regional accreditation.

4.1.3 Out-of-state institutions:

(a) offering courses or programs through brokering or other collaborative arrangements with a West Virginia public institution of higher education;

(b) offering a short course or seminar in which the instruction for the segment takes no more than twenty classroom hours, or (c) offering courses or programs on a military installation solely for

66 military personnel or civilians employed on such installation.

4.2 Each institution of higher education which claims to be exempt under the provisions of this section must file with the Commission such information as may be required by the Commission to determine whether the institution is exempt. If the Commission determines that any institution is not exempt from the provisions of this policy, it shall notify the institution in writing with the reasons for the determination.

5. PROHIBITIONS

5.1 No person, firm, association, institution, trust corporation or other entity shall use in any manner within West Virginia the term "college" or "university" or any abbreviation thereof, or any words or terms tending to designate it as, or create the impression that it is an institution of higher education, unless it shall have obtained the appropriate approval as provided in this policy.

5.2 This section shall not apply to any entity which used the term "college" or "university" prior to July 1, 2002.

5.3 This section shall not apply to individual proprietorships, associations, co- partnerships or corporations which use the words "college" or "university" in their training programs solely for their employees or customers, which do not offer degree granting programs, and whose name includes the word "college" or "university" in a context from which it clearly appears that such entity is not an educational institution.

6. AUTHORIZATION TO OPERATE

6.1 All private colleges and universities, private proprietary schools and seminaries or bible colleges shall register with the West Virginia Higher Education Policy Commission, shall meet the authorization criteria, and shall be granted authorization prior to offering any program of instruction, credit, or degree; opening a place of business; soliciting students or enrollees; or offering educational support services.

6.2 Private colleges or universities and seminaries or bible colleges shall be authorized under the provision of this policy. Private proprietary schools exempted under the provisions of § 4 of this policy shall be governed by the provisions of the Policy on Correspondence, Business, Occupational and Trade Schools.

6.3 Authorization is limited to those institutions that deliver instruction in West Virginia and have a physical presence in West Virginia.

7. GRANTING OF AUTHORIZATION

7.1 Authorization shall be granted upon presentation of adequate information by the postsecondary institution seeking authorization to the Commission. As the first step toward authorization, representatives of a seminary or bible college or a private college or university shall consult with the Director of Academic Affairs

67 prior to submission of required documentation.

7.2 No private college or university shall operate until its accreditation is documented or its potential for accreditation is established and accepted by the Commission. Institutions authorized to operate pending full accreditation shall pursue full accreditation continuously and shall make reasonable and timely progress toward accreditation in order to retain authorization.

7.3 No seminary or bible college shall operate until the religious nature of the institution is documented and verified by the Commission. to operate

7.4 Before a newly established institution of higher education is authorized under the provisions of §10.4 of this policy, a surety bond must be provided by the institution. The obligation of the bond will be that the institution, its officers, agents and employees will faithfully perform the terms and conditions of contracts for tuition and other instructional fees entered into between the institution and persons enrolling as students. The bond shall be issued by a company authorized to do business in the state. The amount of the bond shall be $50,000.

8. CRITERIA FOR AUTHORIZATION – SEMINARY OR BIBLE COLLEGE

8.1 To qualify as a seminary or bible college, an institution must qualify both as an institution of higher education as defined in section 3 of this policy and as a religious institution based on meeting each of the following criteria.

8.1.1 Be a non-profit institution owned, controlled, and operated and maintained by a bona fide church or religious denomination, lawfully operating as a non-profit religious corporation.

8.1.2 Limit the educational program to the principles of that church or denomination, and the diploma or degree is limited to evidence of completion of that education.

8.1.3 Only grant degrees or diplomas in areas of study that contain on their face, in the written description of the title of the degree or diploma being conferred, a reference to the theological or religious aspect of the degree's subject area.

8.1.4 Not market, offer, or grant degrees or diplomas which are represented as being linked to a church or denomination, but which, in reality, are degrees in secular areas of study.

8.1.5 Have obtained exemption from property taxation under state law and shall have submitted a copy of the certificate of this exemption to the Commission.

8.2 Additional evidence may be provided by an institution seeking to substantiate that the institution is a religious institution including:

8.2.1 Evidence that the school holds at least pre-accreditation status with one

68 of the following nationally recognized accrediting associations:

(a) The Accrediting Association of Bible Colleges; or (b) The Association of Advanced Rabbinical and Talmudic Schools; or (c) The Association of Theological Schools in the United States and Canada.

8.2.2 A statement of institutional mission clearly establishing the mission of the institution as solely religious, and curricula and degree, diploma, or certification programs that clearly support that mission singularly. 8.2.3 Other appropriate, substantial, evidence of qualification for state authorization as a seminary or bible college.

8.3 An institution shall not be eligible for authorization as a seminary or bible college if it offers degrees appropriate only for academic institutions, such as, but not limited to, Bachelor of Arts or Bachelor of Science, Master of Arts or Master of Science, Doctor of Philosophy, or other degrees typically offered by academic institutions, regardless of curriculum of course content, unless the degree title includes the religious field of study (e.g., "Bachelor of Arts in Religious Studies"). Institutions authorized as seminaries and bible colleges also shall not offer degrees associated with specific professional fields or endeavors not clearly and directly related to religious studies or occupations. Examples of such degree titles are Bachelor of Business Administration or Master of Business Administration; Bachelor of Education, Master of Education or Doctor of Education; and Doctor of Psychology.

8.4 An authorized seminary or bible college, its educational programs, its degrees and diplomas, and its honorary degrees, have no state approval or recognition status whatsoever. An institution operating under this authorization shall not state or imply by any means whatsoever that there exists any recognition by the state or by any agency or agent of the state of the education, documents awarded by the institution, or the institution itself, other than the institution's authorization to operate.

9. CRITERIA FOR AUTHORIZATION – PRIVATE COLLEGE OR UNIVERSITY

9.1 A private college or university, under the provisions of this policy, is an institution which is "doing business or maintaining a place of business in the state of West Virginia" which offers courses of instruction or study wherein credits may be earned toward a degree in a field of endeavor. A publicly-supported college or university in another state will be treated as a "private college or university" and will be authorized to offer courses of instruction toward a degree, degree credits, or degrees if it qualifies under the criteria for such institutions. An institution that employs an agent or representative in West Virginia and delivers instruction by any means within the state shall be regarded as a private college or university and shall be authorized on the same basis as any other such institution.

9.2 Criteria to qualify as a private college or university are:

9.2.1 Accredited on the basis of an on-site review in West Virginia by one of the six regional accrediting associations; or

69 9.2.2 Accredited by an acceptable alternative accrediting agency determined by the Commission to be appropriate to its educational purposes and programs; or

9.2.3 Making reasonable and timely progress toward such accreditation, as determined by or in accordance with standards determined by the Commission.

9.3 The Commission hereby determines that any accrediting association recognized by the United States Department of Education will be accepted by the Commission unless the Commission determines that such as association is not appropriate to the educational purposes and programs of the institution.

10. PROCEDURES FOR REVIEW OF ACCREDITATION STATUS, PRIVATE COLLEGE OR UNIVERSITY

10.1 Determination of Acceptable Accreditation

10.1.1 The Commission staff shall determine whether the institution is accredited either by:

(a) one of the six nationally recognized accrediting associations, or (b) an accrediting association recognized by the United States Department of Education and appropriate to the institution's educational purposes and programs.

10.1.2 If the institution does not hold accreditation, the Commission staff shall request submission of information verifying its accreditation status and/or evidence of "reasonable and timely progress" toward accreditation. Reasonable and timely progress toward accreditation is understood to be a status with the regional accrediting association or an acceptable alternative accrediting association recognized by the U.S. Department of Education (recognition shall be documented) that indicates that the institution has been determined to hold the potential for accreditation and is actively pursuing accreditation within the timetable established by the regional accrediting association (unless an alternative timetable has been presented to and accepted by the Commission). Institutions that are seeking initial accreditation shall follow the policies and procedures articulated in § 10.4, below.

10.2 Consultation, Review of Documents, and Assignment of Institutional Status

10.2.1 As the first step toward state authorization, institutions seeking state authorization to operate in West Virginia as a private college or university shall consult with the designated administrator of the Commission prior to the submission of required documentation.

10.2.2 After the consultation and review of all documents submitted, the Commission shall assign the institution to one of the following

70 categories:

10.2.2.1 Category I, Accredited Out-of-State Institutions Institutions in this category are formed, chartered or established outside West Virginia and have been fully accredited by a regional accrediting association or by another accrediting body recognized by the U.S. Department of Education.

10.2.2.2 Category II, Accredited In-State with On-Site West Virginia Review

Institutions in this category are accredited on the basis of on- site review in West Virginia by a regional accrediting association or by another accrediting body recognized by the U.S. Department of Education.

10.2.2.3 Category III, Accredited In-State Without On-Site West Virginia Review

Institutions accredited by a regional accrediting association or another accrediting body recognized by the U.S. Department of Education but not on the basis of an on-site review in West Virginia shall have a period of one year from the date its activities begin in West Virginia to obtain such a review. The time limit may be extended upon presentation of documentation of good cause.

10.2.2.4 Category IV, Maintaining Reasonable and Timely Progress Toward Accreditation

Institutions in this category are making reasonable and timely progress toward accreditation in accordance with the statute and continue to make such progress in accordance with the policies and timetable outlined in §10.4, below.

10.3 Authorization – Out-of-State Institutions – Category I

10.3.1 Any higher education institutions having its principle place of operation outside West Virginia which desires to offer degrees or courses within West Virginia must be authorized by the Commission.

10.3.2 The institution must submit an application for approval to the Commission for each course or degree program to be offered at a site. The application should include written unconditional assurance that:

10.3.2.1 Each course, program of study, or degree, diploma, or certificate program proposed to be offered in West Virginia has been approved by the governing board of the institution, and if applicable, by the appropriate state agency in the state where the main campus of the institution is located.

71 10.3.2.2 The institution has been approved as necessary by the appropriate agency, if any, in the state where the main campus of the institution is located to:

(a) Offer degree, diploma, or certificate programs at the level for which credit is proposed to be awarded in those programs in West Virginia: and (b) Offer degree programs outside the state where the main campus is located.

10.3.2.3 Any credit earned in West Virginia can be transferred to the institution's principal location outside West Virginia as part of an existing degree, diploma, or certificate program offered by the institution.

10.3.2.4 The institution offers the same program at the same level at its principal location outside West Virginia that it seeks to offer in West Virginia.

10.3.3 In making its determination, the Commission will consider whether the proposed degree programs or courses duplicate existing offerings of other institutions of higher education at the locations for which approval is requested.

10.3.4 Authorization for degree programs may be for a period of up to four years.

Authorization for courses may be granted for a period of one year at a specified location with an application for renewal of the authorization required to be filed annually with the Commission at least ninety days prior to the expiration of the authorization.

10.4 Authorization Policies and Timetables for Newly-Established Institutions and Currently-Operating Institutions Seeking Accreditation

10.4.1 Procedures for Institutions Applying for Initial State Authorization: Preliminary State Authorization

10.4.1.1 Prior to the acceptance of students, the offering of instruction, the award of credits toward a degree, or the award of a degree, an organization that seeks to be authorized as a "private college or university" shall provide to the Commission evidence that clearly and fully documents that it is an institution that can meet the accreditation criterion for state authorization. An institution seeking Preliminary State Authorization shall demonstrate that it is such an institution by providing information as described in § 10.4.1.3, below.

10.4.1.2 If the accrediting association from which the applying institution will seek accreditation is determined by the Commission to be an appropriate and acceptable alternative to the regional

72 accrediting association but the alternative association does not require an accreditation procedure that is comparable to that required by the regional accrediting association, the institution shall notify the Commission, and guidelines and timetables for the pursuit of accreditation shall be established consistent with both Commission intent and the alternative accrediting association's policies and procedures. The information requested by the Commission for Preliminary State Authorization is required for all institutions. The Commission may also request additional information that can be used to determine the institution's potential for the achievement of accreditation.

10.4.1.3 To apply for Preliminary State Authorization, an organization must provide to the Commission full documentation that demonstrates fulfillment of each of the criteria below. The commission shall adopt standards for each of the criteria.

(a) Familiarity with accreditation and state authorization policies and procedures (b) Statement of mission (c) Institutional organization (d) Degrees and academic programs (e) Admission policies (f) Financial resources

10.4.1.4 An institution that provides satisfactory information will be granted Preliminary State Authorization by the Commission for a period of time up to six (6) months. The Commission shall notify the institution in writing. Within that period of time the institution shall satisfactorily complete preliminary information as required by the regional or other appropriate, acceptable, accrediting association, and shall not accept students, offer instruction, award credits toward a degree, or award a degree until granted Category III authorization status.

10.4.1.5 Upon presentation of documentation that the preliminary information submitted to the accrediting association is complete and satisfactory, *the Commission will grant the institution Category IV state authorization, "Making Reasonable and Timely Progress Toward Accreditation." The institution shall continue the accreditation process immediately.

Upon receipt of Category IV authorization the institution shall:

(a) Immediately establish an evaluation schedule with the NCA or other appropriate accrediting association (b) Initiate the institutional self-study;

73 (c) Host an on-site accreditation visit within 24 months of receipt of Category IV authorization status unless that time limit has been expressly modified by the Commission because of extenuating circumstances.

Failure to pursue accreditation continuously shall result in loss of state authorization.

10.4.1.6 Following the on-site accreditation visit, the institution shall be continued in Category IV status pending action by the NCA Commission on Institutions of Higher Education or other appropriate accrediting association. When that action has been taken, the institution shall immediately notify the Commission which will then assign the institution an authorization status from among the following:

(a) Category II, Accredited, as a result of the decision by the accrediting association to accredit the institution. This status shall change only if the accrediting association changes the institution's accreditation status. An accredited private college or university shall notify the Commission following each formal action of the accrediting association with respect to its accreditation. (b) Continuation of Category IV, Maintaining Reasonable and Timely Progress Toward Accreditation, based upon the accrediting association decision to grant the status of Candidate for Accreditation to the institution. An institution that holds candidacy for accreditation shall submit semi- annual reports to the Commission documenting its progress toward the achievement of accreditation consistent with policy of appropriate accreditation associations. Continuation of Category IV status shall not extend beyond 6 years. (c) Not authorized as a result of denial of accreditation by the accrediting association. (d) Continuation of Category IV status pending on appeal of denial of accreditation by the NCA Executive Board. Continuation on these grounds shall only be granted upon showing good cause to the Commission. An institution's final authorization status will be based upon the action taken by the accrediting association.

10.4.1.7 An institution that does not attain either accreditation of candidate for accreditation status after its initial on-site accreditation review, but can fully demonstrate continuing progress toward accreditation and the likelihood of achieving a satisfactory status upon a second on-site review, may be continued in Category IV. The institution shall have no longer than 24 months to schedule a second on-site review in order to attempt to achieve accreditation or candidate for accreditation status. Failure to achieve either result in the second attempt

74 shall result in loss of state authorization.

11. NOTIFICATION OF INSTITUTION: AUTHORIZATION AND TERMINATION OF STATE AUTHORIZATION

11.1 Notification of Authorization Status

11.1.1 Any institution that is granted authorization may receive written notification of acceptable status upon request. Private colleges or universities authorized in Category III shall receive written notification of the time limits for a satisfactory on-site West Virginia accreditation review.

11.2 Termination of Authorization; Notification; Appeal

11.2.1 Private colleges or universities shall be notified of the termination of authorization by the Commission if at any point the staff of the Commission determines that an institution is no longer making reasonable and timely progress toward accreditation. The institution shall be so notified in writing. A phase-out period of not more than one additional academic term shall be permitted. An appeal to the Commission may be filed. In the absence of a timely appeal the termination shall be final.

Authorized private colleges or universities whose accreditation upon which their state authorization was based is terminated by the accrediting agency for any reason shall no longer be authorized, effective the date of termination of accreditation. A phase-out period of not more than one additional academic term shall be permitted.

11.2.2 An institution authorized as a seminary or bible college that fails to continue to meet the criteria for a religious institution shall have its authorization terminated. The institution shall be so notified in writing. A phase-out period of not more than one additional academic term shall be permitted. An appeal to the Commission may be filed. In the absence of a timely appeal the termination shall be final.

11.2.3 Appeals to the Commission by Private Colleges or Universities, or by Seminaries or Bible Colleges Appeals to the Commission by institutions notified of the termination of their authorization shall be in writing and must be received within 30 days of the date of the mailing of the notice by the Commission to the institution of termination of the institution's state authorization. Upon appeal, a hearing shall be held by the Commission at a regular monthly

75 meeting of the Commission. The Commission's decision shall be final.

11.2.4 Notification to Cease Offering Degrees or Degree Credits. Institutions that are not authorized but offer degrees and/or degree credits in West Virginia shall be notified by certified mail that they shall cease immediately to offer degrees and/or degree credits. The Commission shall initiate appropriate legal action if institutions fail to comply.

12. NOTIFICATION AND DEPOSIT OF RECORDS UPON DISCONTINUANCE OF A PROGRAM OR INSTITUTION

12.1 If an authorized institution, branch campus, or extension program of an authorized institution discontinues operation in this state, its chief executive officer shall notify the Commission of the date of discontinuance and the name and address of the agency where records will be maintained.

12.2 Records shall be permanently maintained and copies may be obtained by authorized parties. Such records shall include but not be limited to information pertaining to the admission of each student and former student and the educational record of each student and former student. Financial aid records of each student and former student shall be retained consistent with state and federal regulations.

76 APPENDIX C TITLE 133 LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 35 CORRESPONDENCE, BUSINESS, OCCUPATIONAL, and TRADE SCHOOLS

SECTION 1. GENERAL

1.1 Scope - Rule regarding the issuance, renewal, and revocation of permits to correspondence, business, occupational, and trade schools.

1.2 Authority - West Virginia Code §18B-3-5

1.3 Filing Date - April 3, 1995

1.4 Effective Date -April 3, 1995

SECTION 2. DEFINITIONS

2.1 Accredited School

A school that is accredited by a regional or national accrediting agency that is recognized by the United States Department of Education.

2.2 Associate Degree

A degree that may be awarded by accredited schools pursuant to a program of not less than two (2) academic years as authorized by West Virginia Code 18B-3-5.

2.3 Commission

The Higher Education Policy Commission.

2.4 Campus

A permanent facility where instruction takes place, or a facility where courses are taught for more than ten (10) days per calendar year.

2.5 Chancellor

The Chancellor of the West Virginia Higher Education Policy Comission or his or her designee.

2.6 Correspondence School

An educational organization which, for a consideration, profit, or tuition, teaches or instructs in any subject that prepares an individual for employment solely through the medium of correspondence between the student and the school, and by which the

77 school transmits to or exchanges matter with the student via printed material, video tapes, cassette tapes, telecommunications, or other means.

2.7 Financially Sound

Meeting two of the following: a current ratio of at least 1:1 regarding total current assets compared to total current liabilities, positive total equity, or current year profitability.

2.8 Immediate Family

Spouse, parent, sibling, child, or grandchild.

2.9 Ownership Change

When the change of ownership results in a change in control of the school outside the immediate family.

2.10 Person

Any individual, group of individuals, partnership, association, organization, business, trust, corporation, or other business entity.

2.11 Business, Occupational, or Trade School

An institution, organization, or entity no matter how titled, maintaining or conducting classes or instruction for a consideration, remuneration, or tuition, designed to prepare an individual for employment or enhance employment skills.

2.12 Representative

Any person representing a school, whether such school is located within or outside of the State of West Virginia, or acting as an agent, solicitor, procurer, broker, or independent contractor to produce students or enrollees for any such school by solicitation in any form at any place in this state.

2.13 School

Business, occupational, trade, or correspondence school.

2.14 Specialized Associate Degree

Degree that may be awarded by accredited schools pursuant to a degree program of not less than two (2) academic years.

2.15 State

The State of West Virginia.

2.16 Terms

Regularly established divisions of the academic school year, each with an established starting and ending date, which is normally referred to as modules, quarters, trimesters, or semesters.

78 SECTION 3. EXEMPTIONS

3.1 For the purpose of this rule, the following are not defined as a correspondence, business, occupational, or trade school:

3.1.1 Any school or person licensed or approved to offer education or training by any other statutory licensing or accrediting agency pursuant to statutes of the West Virginia Code other than 18B-3-5.

3.1.2 Any school or organization whose courses of instruction offered are solely for the purpose of teaching preparation of tax returns.

3.1.3 Any school conducted by any person, solely on a contractual basis with private or governmental organizations where obtaining a permit is not a condition of the contract and students are not charged tuition or other fees, and no advertisement of courses takes place.

3.1.4 Any training or apprenticeship program conducted by a company, union, or other organization in which students, members, or employees enrolled in the training or educational programs are not charged tuition or other fees.

3.1.5 Schools that offer courses which are conducted solely for personal development or information, do not prepare or represent themselves as preparing, an individual for a career or enhancing employment opportunities, are not offering sequential courses comprising an entire program and are not offering courses for more than twenty-four (24) weeks per calendar year.

3.1.6 Tutorial instruction given in a private home or elsewhere as supplemental to regular classes for students enrolled in public or private schools.

3.1.7 Non-profit independent colleges, universities, and other non-profit entities that are accredited by a regional accrediting agency recognized by the United States Department of Education.

3.1.8 Public colleges, universities, and schools under the jurisdiction of the West Virginia Higher Education Policy Commission, or the West Virginia Board of Education.

SECTION 4. APPLICATION for PERMIT

4.1 Unless exempted as defined in Section 3 of this rule, no person or corporation shall solicit students or operate any correspondence, business, occupational, trade school, or branch campus in the state without first applying for or obtaining a permit issued by the Commission. A permit shall be issued authorizing the solicitation of students and/or authorizing the operation of a school if all conditions of the laws and regulations of this state pertaining to correspondence, business, occupational, and trade schools are met.

4.2 If a person as defined in Section 2 of this rule wishes to operate or continue to operate a school or branch campus or to solicit students in the state, that person shall submit an original application for a permit to do so on forms provided by the Commission.

4.3 As a condition of the issuance of a permit, a school shall submit with the application:

79 4.3.1 A copy of the curriculum and description of courses for each program being offered;

4.3.2 A copy of the student enrollment contract;

4.3.3 A copy of the school's tuition refund policy and schedule;

4.3.4 A fully executed surety bond in the appropriate amount;

4.3.5 The appropriate permit fee;

4.3.6 A list of all representatives of the school who will be soliciting students; and

4.3.7 If accredited, documentation from the accrediting agency regarding accreditation status.

4.4 Persons shall not be deemed to have submitted an initial application for a permit to operate a school or solicit students in this state unless a properly completed application, the application fee, the required surety bond, and all other information and documentation required by this rule has been submitted to the Commission and the following has been provided:

4.4.1 A listing of the individual's or organization's prior school operation history in this state, other states, or other countries.

4.4.2 Information detailing the involvement in, or relationship to, any school that lost its accreditation, lost its authorization to operate because of violation of state or federal laws, was terminated from participation in the federal financial aid programs, closed without arranging a teach-out for students or arranging refunds, or other discharge of the school's contractual obligation to the student.

4.4.3 Proof at the time of filing an initial application that adequate facilities are available and ready for occupancy and that all instructional equipment, books, supplies, and personnel are in place and ready for operation and verified by an on-site visit by a representative of the Commission .

4.5 As a condition of permit renewal, all schools shall make annual reports to the Commission on forms furnished by the Commission.

4.6 In addition to the requirements set forth above, all out-of-state schools shall annually provide evidence of authority to operate or accreditation by the regulatory agency of each state in which the school is located or conducts business.

4.7 A permit shall be valid for one year corresponding to the effective date of the surety bond as required herein.

4.8 Any information of a confidential or proprietary nature provided to the Commission by a school for the purpose of obtaining or renewing a permit, and exempted from public disclosure pursuant to the terms of West Virginia Code § 29B-1-4, shall not be disclosed for any purposes inconsistent with this rule or statute.

80 SECTION 5. PERMIT APPLICATION FEE

5.1 Any person applying for a permit to solicit students or operate a school, as defined by this rule, or branch campus in this state shall submit an initial application fee in the amount of two thousand dollars ($2,000) with the application.

5.2 Any person applying for renewal of a permit shall submit an annual fee of five hundred dollars ($500) with the renewal application for each campus operated by the school.

5.3 Any person submitting a permit renewal application and surety bond more than sixty (60) days after the last effective date of the applicant's previous surety bond shall be considered a new applicant for the purpose of paying the initial application fee.

SECTION 6. SURETY BOND REQUIREMENTS

6.1 A school located in the state shall submit with its initial or renewal application, the original fully executed continuous surety bond written by a company authorized to do business in this state in the sum of fifty thousand dollars ($50,000) unless required otherwise by a provision of this section.

6.2 Any school which has its physical facilities located in this state and has operated in this state under the present ownership, or ownership control within the immediate family, for at least ten (10) years as of June 10, 1994, is required to submit with its renewal application the original copy of a fully executed continuous surety bond written by a company authorized to do business in this state in the sum of thirty-five thousand dollars ($35,000).

6.3 Schools having branch campuses within this state shall provide one fully executed surety bond in the appropriate amount providing coverage for all campuses.

6.4 In the event of notice of cancellation of the surety bond by a bonding company, the school shall furnish a fully executed replacement to the Commission within sixty (60) days of the school's receipt of the notice of cancellation. But in no event may a school solicit or enroll new students until the appropriate surety bond is in effect.

6.5 The termination of a school's surety bond coverage shall be grounds for revocation of its permit if the school fails to replace the bond within the required time.

6.6 A school whose physical facilities are located outside this state, and which applies for a permit to solicit students in this state, shall submit a fully executed surety bond in the sum of fifty thousand dollars ($50,000).

6.7 The Commission may increase the bond requirement of any school to one hundred fifty thousand dollars ($150,000) if the school has its accreditation terminated or its institutional eligibility under the Higher Education Act of 1965, as amended, is terminated for cause.

6.8 If, in accordance with the standards of the American Institute of Certified Public Accountants, the school's audited financial statements are qualified because the school's continued financial viability as an ongoing concern is in doubt, and the school is not financially sound as defined in Section 2 of this rule, the Commission may require the surety bond be increased up to an amount not to exceed four hundred thousand dollars ($400,000) if the Commission determines an increased bond is reasonably

81 necessary to protect the financial obligations legally due to the students then enrolled at the institution.

6.9 Confidentiality Statement - any financial information submitted to the Commission by a school covered under this rule shall be used by the Commission only for purposes of this rule.

SECTION 7. MAINTENANCE of RECORDS

7.1 A school shall maintain records at a central location and have them available for inspection by a representative of the Commission.

7.2 A school shall maintain academic records suitable for transcript purposes for each student for fifty (50) calendar years after the student has departed the school, or until the student becomes 65 years of age. The records shall include, as a minimum:

7.2.1 The name and address of the school;

7.2.2 The full name and address of the student;

7.2.3 The starting and completion or separation dates;

7.2.4 The course of instruction or subject;

7.2.5 The amount of credit, if any;

7.2.6 The grade for each subject; and

7.2.7 A statement indicating whether the student graduated or completed the course.

7.3 A school shall develop and enforce security measures to protect student records from damage or destruction for the required period of time.

SECTION 8. CHANGE of SCHOOL OWNERSHIP

8.1 A school must notify the Commission at least thirty (30) days in advance of the change of ownership control. Within thirty (30) days of such notification, the Commission will notify the school of permit status.

8.2 When a school is located in this state and has a change of ownership control and the new ownership control is outside of the immediate family of the previous owner, the school may continue to operate under the present permit. However, before the solicitation of students can continue, the school shall submit to the Commission the following:

8.2.1 A fully executed surety bond in the amount of fifty thousand dollars ($50,000).

8.2.2 The names, addresses, and corporate titles of all persons or other entities having a financial interest in the school, and the names and addresses of any other schools in which these persons or entities have or have had a financial interest.

8.2.3 A revised listing of all programs to be offered if changes were made with new ownership.

82 8.2.4 An application for each representative of the school who will be soliciting students.

8.3 If the school is located outside this state, the school must show evidence of compliance with the laws and regulations in the state where the school is located. In addition, before the solicitation of students continues in this state, the school must submit the following:

8.3.1 A fully executed surety bond in the amount of fifty thousand dollars ($50,000);

8.3.2 An application for each representative of the school that will be soliciting students in West Virginia;

8.3.3 A revised listing of all programs to be offered if changes are made with new ownership; and

8.3.4 The names, addresses, and corporate titles of all persons or other entities having a financial interest in the school.

SECTION 9. SCHOOL CLOSING

9.1 A school which is closing, either voluntarily or involuntarily, shall:

9.1.1 Inform the Commission of this action immediately by certified mail;

9.1.2 Supply the Commission with the name, address, and telephone number of the person responsible for closing arrangements;

9.1.3 Supply the Commission with the name, address, telephone number, and the course of study for each student who has not completed his or her course of study;

9.1.4 Supply the Commission with information on the dates of enrollment, the amount of class time left for each student to complete the course, and the amount of entitled refund, if any, for which each student is eligible;

9.1.5 Inform currently enrolled students by written notice of the appropriate procedures they are to follow to secure refunds due if suitable teachouts have not been arranged, or to continue their education and supply the Commission with a copy of this notice; and

9.1.6 Inform the Commission and currently enrolled students of plans to store the permanent student records and the procedure to obtain copies.

SECTION 10. STUDENT ENROLLMENT CONTRACT

10.1 Before the schooling begins, all students shall receive a completed, signed and dated enrollment contract specifying both the school's and student's legal rights and obligations. The agreement may incorporate into the contract by reference information in the school's catalog, student handbook, or other school publication without printing such information or publication in the contract itself. The enrollment contract must contain, but is not limited to, the following:

83 10.1.1 The name and address of the school;

10.1.2 The name of the course of study or program, including the number of credit or clock hours of classroom instruction, home study lessons, or other study units required;

10.1.3 The total cost of the course, term or program for which the student is obligated under the contract including tuition, fees, books, and any other charges the student will incur shall be clearly stated;

10.1.4 The school's cancellation and refund policy including an explanation of the procedures a student will follow to cancel the contract or enrollment agreement; and

10.1.5 The signature of the student applicant, a parent or other sponsor if the student is under the age of eighteen (18), and the appropriate school officials, plus the date signed.

10.2 An application for admission is not to be construed as binding on the student, therefore limiting total student financial obligation to the payment of an application fee.

10.3 The school shall provide the student with a copy of the completed enrollment agreement that is signed and dated.

10.4 Those schools that are accredited by an national or regional accrediting agency recognized by the United States Department of Education may adhere to the accrediting agency's criteria regarding student enrollment contracts to satisfy the requirements of this section. However, in the event that enrollment contracts are not addressed by accrediting agency criteria, the provisions of this section must be followed.

SECTION 11. CANCELLATION and REFUND POLICIES

11.1 To obtain a permit a school shall have a cancellation and refund policy that incorporates the following provisions:

11.1.1 A statement relative to the unused portion of tuition, fees, and other charges if the student does not begin classes, withdraws, or is dismissed.

11.1.2 All fees and payments remitted to a school by a prospective student shall be refunded, minus any stated application fee not to exceed fifty dollars ($50), if the student is not admitted due to ineligibility.

11.1.3 An admitted student applicant may cancel, by written notice, his or her enrollment any time prior to the first class day of the session for which the application was made, and the school shall refund all tuition paid by the student minus an application fee not to exceed fifty dollars ($50).

11.1.4 For the purposes of refund calculations, an individual's status as a student shall be considered terminated by the school not later than seven (7) calendar days after the last day on which the student actually attended the school. Termination may be effected earlier by proper notification. A home study program of instruction shall be terminated if a school does not receive a lesson or an appropriate response from the student within six months after receipt of

84 the last lesson, and the date of withdrawal shall be the date of the last lesson received. The date of withdrawal initiated by a student shall be the date a letter is postmarked or proper notification is given. The school shall provide a receipt for the letter or withdrawal notice received.

11.1.5 Schools are required to submit refunds to individuals or the appropriate agency within twenty (20) days after receipt of a proper notification of termination from a student.

11.1.6 The student refund policy for withdrawals and terminations for schools not accredited by an accrediting agency recognized by the United States Department of Education must at a minimum comply with the following:

11.1.6.1 A student who begins a term and withdraws after completing up to one (1) week or ten percent (10%) of the term is entitled to a refund of ninety percent (90%) of the charges less the application fee.

11.1.6.2 A student who begins a term and withdraws after completing more than ten percent (10%) through twenty-five percent (25%) of the term is entitled to a refund of seventy-five percent (75%) of the charges less the application fee.

11.1.6.3 A student who withdraws after completing more than twenty-five percent (25%) through fifty percent (50%) of the term is entitled to a refund of fifty percent (50%) of the charges less the application fee.

11.1.6.4 A student who withdraws after completing more than fifty percent (50%) of the term is not entitled to a refund.

11.2 Refunds shall be calculated for a specific term as defined in Section 2 of this rule, or the total cost of programs not exceeding one year. In the event that students are financially obligated for a year-long program, the refund policy shall be on a weekly prorata basis through the first sixty percent (60%) of the program. The student's financial commitment shall not be for more than one year at any given time.

11.3 Those schools that are accredited by a national or regional accrediting agency recognized by the United States Department of Education, may use the accrediting agency's refund policy to meet the requirements of this section. However, student refunds must be made within twenty (20) days after receipt of a proper notification of termination.

11.4 Those schools having their physical facilities located outside this state must comply with the cancellation and refund policies of their home state. If there is no state cancellation and refund policy in their home state, Section 11 of this policy must be followed.

SECTION 12. ADVERTISING

12.1 Each school and its representatives shall not make or cause to be made any oral, written, or visual presentation in connection with the offering or publicizing of a subject or course of instruction which is false or misleading.

85 12.2 In its advertising, a school shall:

12.2.1 Limit reference to its authority to operate to "Permit to Operate Issued by the West Virginia Higher Education Policy Commission;

12.2.2 Disclose that it is a home study school if it provides such instruction;

12.2.3 Advertise starting or average salaries of its former students only if these claims can be documented for the most recent twelve- (12) month period preceding the advertisement for more than fifty percent (50%) of the graduating class.

12.3 In its advertising, a school shall not:

12.3.1 Advertise that it is "supervised," "recommended," "endorsed," "approved," or "accredited" by the Commission;

12.3.2 Describe its courses of instruction and subjects in a misleading manner.

12.3.3 Use photographs or other illustrations in ways which misrepresent the size and location of the school, its equipment and facilities for the career for which the student is being trained;

12.3.4 Represent that it is endorsed by or affiliated with a college or university, unless such statements can be documented;

12.3.5 Advertise or indicate in any manner the transferability, or possibility of transferability, of its credits to colleges and universities unless it has written evidence on file of current acceptability of such credits from said colleges or universities;

12.3.6 Advertise that it is endorsed by manufacturers, business establishments, or organizations engaged in the line of work for which the school gives training unless written documentation regarding the endorsement is on file;

12.3.7 Advertise accredited status unless such status has been received from an accrediting body currently listed as recognized by the United States Department of Education and such accrediting body must be named if used in any advertisement or promotional material;

12.3.8 Advertise as an employment agency, or under the same or similar name as such an agency, or advertise training courses in the "Help Wanted" section of any newspaper;

12.3.9 Advertise any tuition, fees, or other charges in amounts other than those currently on file in the chancellor's office or advertise them without showing the total costs;

12.3.10 Falsely guarantee job placement or employment at a certain wage; or

12.3.11 Use endorsements, commendations, or recommendations by students without their written consent.

12.4 A school eligible to offer a course of instruction or program leading to an associate degree or specialized associate degree shall, in any advertisement, promotional

86 material, or the school catalogue refer to this degree designation as an "Associate Degree" or a "Specialized Associate Degree."

12.5 Those schools that are accredited by a national or regional accrediting agency recognized by the United States Department of Education may adhere to the accrediting agency's criteria regarding advertising to satisfy the requirements of this section. However, in the event that advertising is not addressed by accrediting agency criteria, the provisions of this section must be followed.

SECTION 13. STUDENT COMPLAINTS

13.1 A school shall attempt to resolve student complaints promptly and fairly and shall not subject a student to punitive action as a result of a written complaint having been filed with the school or Commission.

13.2 The school shall have written procedures that describe in detail how a student may register a complaint with the school and Commission, and how the school will investigate and attempt to resolve the complaint.

13.3 The Commission will begin the investigation of a written complaint within thirty (30) days of the date of receipt of the complaint unless it is a complaint regarding a matter over which the Commission has no jurisdiction or it is intrinsically not credible. The initial investigation should be completed within sixty (60) days of the filing of the complaint.

13.4 The school shall provide all enrolled students with a written copy of the student complaint procedures and make prospective students aware that such procedures exist and provide copies upon request.

13.5 Each school that is being investigated, as a result of a written student complaint, will be notified by the Commission that such an investigation is being conducted, and a copy of the written complaint will be forwarded to the school. The name of the complainant may be withheld if so requested.

13.6 The school being investigated must respond to any inquiry by the Commission relating to the investigation within ten (10) work days of its receipt of the inquiry.

13.7 Any school refusing to cooperate with an investigation of a written student complaint by the Commission or any other governmental agency shall have its permit to operate or solicit students in West Virginia revoked in accordance with the due process provisions of Section 14 of these rules.

13.8 The Commission, upon completion of the investigation of a written student complaint, will supply the school by certified mail with a written report of the findings and any proposed corrective action. The school will have twenty (20) work days to reply to the Commission before any action may be taken.

13.9 The school has a right to request a hearing regarding any findings or action proposed by the Commission resulting from an investigation involving student complaints.

13.10 The Commission may forward any information pertaining to a written complaint found to have merit involving student financial aid to the United States Department of Education.

87 SECTION 14. WARNING, SUSPENSION, WITHDRAWAL, or REVOCATION of ACCREDITATION, LICENSE, and/or APPROVAL to OPERATE

14.1 A school shall provide the Commission with a copy of any notice of warning, suspension, revocation, or other adverse action received from any national, regional, or state accrediting and/or approval agency or the United States Department of Education within five (5) days of receipt of such notice. The school shall at the same time inform the Commission in writing of activities being taken to correct the deficiencies.

14.2 The Commission may for good cause, suspend, withdraw, or revoke the authorization of a school to operate within this state or to solicit students within the state. Good cause shall consist of:

14.2.1 Loss of accreditation by a nationally or regionally recognized accrediting agency;

14.2.2 Cancellation of the school's bond by the bonding company and failure to secure a replacement in accordance with this rule;

14.2.3 A final determination that the school has engaged in conduct prohibited by this rule, and the conduct warrants suspension, withdrawal, or revocation of the approval to operate a school or solicit students in this state, and corrective action has not been taken within the required time;

14.2.4 Closure of the school without adequately providing for the completion of students' classes or course work, without refunding students' unearned tuition or otherwise discharged the institutions contractual obligations to the students;

14.2.5 Conviction of the owner of a school for a felony or crime involving administration of the school or involving Federal Student Assistance programs; or

14.2.6 Refusal to cooperate with an investigation pursuant to Section 13 of this rule.

14.3 Upon receipt by the Commission of information constituting any of the above grounds for suspension, withdrawal, revocation, or other adverse action, the Commission shall notify the school and its owner in writing of its intent to recommend suspension, withdrawal, revocation, or other adverse action and the grounds for such recommendation.

14.3.1 The owner of the school may, within ten (10) work days of receipt of such notice, request a hearing upon the recommended action. Such hearing, if requested, shall be commenced within twenty (20) work days of such request at the chancellor's office or at such other location convenient to the parties and witnesses as may be designated by the chancellor.

14.3.2 The hearing shall be conducted by the Chancellor of the West Virginia Higher Education Policy Commission or the chancellor's designee, pursuant to the procedures set forth in Chapter 29A, Article 5 of the Code of West Virginia.

14.3.3 The chancellor or the chancellor's designee may continue the hearing at the request of the school for good cause shown. Continuances shall not be granted as a matter of right.

88 14.3.4 If the owner or a representative of the school does not request a hearing within the requisite time period, the recommendation of the chancellor shall be deemed unchallenged by the school and reported to the Commission for final action.

14.4 At the hearing, the grounds for suspension, withdrawal, or revocation of authorization to operate the school or other adverse action must be established by clear and convincing evidence.

14.4.1 The owner of the school or its designated representative may appear to defend the interests of the school, may present witnesses and evidence on behalf of the school, and may cross-examine witnesses against the school. The school may retain legal counsel to represent its interests at the hearing.

14.4.2 The Commission does not have the power to issue subpoenas, but the chancellor or the school may request the appearance of witnesses at the hearing, who shall be notified of such request by the chancellor or the chancellor's designee with the date, time, and location of the hearing in writing.

14.4.3 The rules of evidence shall not strictly apply, and evidence may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Objections to evidence offered by either party shall be ruled upon by the chancellor or the chancellor's designee who conducts the hearing.

14.4.4 The hearing shall be recorded by mechanical means or by a certified court reporter retained by the chancellor.

14.5 The chancellor shall make written findings of fact and conclusions of law as to whether or not the school or its representative has committed acts in violation of the law or these rules which would justify the suspension, withdrawal, or revocation of its authorization to operate. Such findings and conclusions shall be reported to the Commission, and a copy of same shall be provided to the school on the same date it is filed with the Commission and placed upon its agenda for action.

14.6 The Commission shall act upon the report at its next regularly scheduled business meeting to accept or reject the findings of the chancellor or the chancellor's designee, and to suspend, withdraw, or revoke the authority of the school or its representative to operate and/or solicit students within this state. Notification of the Commission's action shall be given to the school and/or its representative in writing within two (2) business days following such action of the Commission, by certified mail, or by personal delivery. For good cause shown in the minutes of the Commission, action upon the chancellor's report may be deferred to a date not later than the next regularly scheduled business meeting of the Commission.

14.7 A school or its representative may appeal an adverse action of the Commission to a court of competent jurisdiction within the time period specified by state law.

89 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of Master of Arts in Teaching

INSTITUTION: Shepherd University

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the Master of Arts in Teaching (MAT) at Shepherd University effective Fall 2005 (CIP # 42.13.1299).

STAFF MEMBER: Bruce Flack

BACKGROUND:

Shepherd University proposes the implementation of a new graduate-level degree program, Master of Arts in Teaching (MAT). The program is designed to provide master’s level graduate education, leading to teacher certification, for students who possess undergraduate degrees or strong undergraduate preparation in one of the following areas: Art, Music, Physical Education/Health, English, Mathematics, General Science, Family and Consumer Sciences or Social Sciences. Entrants must have completed a bachelor’s degree in a content field. Thirty hours of coursework and other academic credits are required for degree completion. Students will take an 18-hour core, three hours in electives and six hours of student teaching. Candidates matriculating in the MAT program may choose to seek teacher certification in the following areas offered at Shepherd University:

• Art (K-12) • Music (K-12) • Physical education (K-12)/Health (5-12) • English (5-12) • Mathematics (5-12) • General Science (5-12) • Family and Consumer sciences (5-12) • Social Studies (5-12)

The program has been designed with the educational needs of the eastern panhandle region in mind. The rapid population growth in the region, combined with the movement of teachers to higher paying jobs in Maryland and Virginia, has created a high demand for graduate-level teacher certification programs. A survey of school superintendents in seven surrounding counties indicated that more than 700 teachers are currently

90 teaching without permanent certification and that the districts received thousands of applications or inquiries in the last year from prospective instructors with bachelor’s degrees in need of full certification.

For the last three years, Marshall University and Shepherd have offered a collaborative MAT program in which approximately 50 percent of the coursework was offered at Shepherd and 50 percent offered through Marshall University’s Distance Education program. The first cohort graduated in May 2004 and the second cohort began in June 2004. More than 100 students applied for admission to this second cohort. While the collaborative venture has been successful, two factors have limited the ability of the collaborative to meet the needs of the students in the region. First, the correlation of content courses between the two institutions has been problematic. Secondly, the cohort model increases program attrition, as not all students are able to follow the pre- determined scheduling of coursework.

While committed to graduate offerings, Shepherd University has taken the position that graduate programs will use their own revenues to add faculty lines and clerical support and will not be allowed to draw resources away from undergraduate programs. Through the strategic use of faculty overloads, the offering of split-level courses, and courses cross-listed between the MAT and the existing MS in Curriculum and Instruction, the Department will be able to offer 6-9 graduate credit hours per semester (more in the summer) with little impact on the department’s undergraduate offerings. One line in the education department has already been added to support both the C&I program and the collaborative MAT program. All of the nine faculty members identified have a doctorate and at least three years teaching experience in K-12 classroom teaching. Resources from the program will support the purchase of books and journals that will be necessary for coursework and professional research. In addition, the administration has approved a $28,000 budget line to purchase graduate materials for the library. Since courses for the program will be offered in the evening hours and in summer sessions, current facilities will be utilized without negative impact on current programs.

Income generated through enrollment is based on moderately conservative projections. It is expected that headcount will total 22 students in the first year and 40 students by the fifth year, with in-state and out-of-state enrollment being split 90-10. Given the current shortage of certified teachers in the region, Shepherd expects to exceed these numbers. Operating funds in the first year are projected to be $60,885 and $110,700 in the fifth year.

Upon approval of this program and other graduate programs, Shepherd will send to the Higher Learning Commission of North Central Association a request to change the mission, structure and educational offerings of the institution. It is Shepherd’s plan to request a focused visit in late February or early March which would allow for final notification in May and fully accredited graduate programs beginning course offerings in the Fall 2005 semester. The MAT degree will also be accredited through the National Council for Accreditation of Teacher Education (NCATE). The University’s Professional

91 Education Unit is currently accredited through NCATE through 2009. When the University applies for NCATE reaccredidation, the description and curriculum of the MAT degree will be part of the overall Shepherd University self-study report and the site visit.

The Shepherd University proposal for establishing the Master of Arts in Teaching degree has been reviewed by the Higher Education Policy Commission staff and an external consultant. The proposal has been modified to address the issues raised by the reviews. The proposal, as revised by Shepherd University, is on the following pages. The appendices, which include faculty vitae, course syllabi, and appropriate institutional policies are not included, but are available on request.

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Shepherd University July 1, 2004 Revised and Resubmitted: November 15, 2004

Request for Approval to Implement Graduate Program

Master of Arts in Teaching

Shepherdstown, West Virginia

To begin Academic Year 2005-2006

Summary: Master of Arts in Teaching with emphases in specialized teaching concentrations. The Master of Arts in Teaching Program will provide students with a comprehensive education that will enable them to become successful educators. This program will lay the foundation to produce graduates at the masters level who are knowledgeable, competent, accountable, and ethical. By allowing students to earn both certification and a master’s degree in their field the program will directly impact the quality of education in a positive manner for area school children and will provide much needed educational opportunities. The overall goal of this proposed program is to provide an opportunity for prospective teachers to engage in professional education, research, and decision-making based on inquiry and reflective practice in order to meet the

93 2 challenges of the ever expanding educational, social, and political responsibilities of the teaching profession.

3.9.1 Program Objectives: State the program objectives so that they can be related to the criteria in the evaluation plans.

The overall objective of the Master of Arts in Teaching program at Shepherd University is to provide a quality graduate education, leading to teacher certification, for students who possess undergraduate degrees or strong undergraduate preparation in one of the following areas: Art, Music, Physical Education/Health, English, Mathematics, General Science, Family and Consumer Sciences, and Social Studies.

An important objective of the program is to provide the teachers who will be needed in the Eastern Panhandle of West Virginia in the very near future. The three counties closest to Shepherd College—Jefferson, Berkeley, and Morgan—have experienced the fastest rate of growth in the state over the last ten years and are expected to experience even more dramatic growth in the next ten years. The region will not be able to meet the demand for new teachers unless Shepherd University is able to step forward with graduate and teacher certification programs specifically targeted to adults who desire to enter the teaching profession.

The M.A.T. degree is also designed to provide residents of the Eastern Panhandle access to a quality, career-oriented graduate education with solid career prospects in the region and to provide increased access to graduate education to prospective teachers and teachers working on emergency certificates within local school districts.

3.9.2. Program Identification The proposed program falls under the category Teacher Education, Multiple Levels (MAT),” ID number 13.1206, in the Classification of Instructional Programs (CIP) standards developed by the US Department of Education.

3.9.3 Program Features

3.9.3.1 Admission and Performance Standards

ADMISSIONS STANDARDS: To be admitted to the Master of Arts of Teaching Program at Shepherd University, the applicant must meet the following requirements:

a. Possess a bachelors degree in a content field (i.e., Mathematics, English, Biology, General Science, etc) b. Attained a GPA of 2.75 on all higher education course work c. Applicants with a GPA less than 2.75 but no less than a 2.5 may be admitted provisionally if a passing score, as defined by the Shepherd University Graduate Committee, is achieved on the Miller’s Analogy Test.

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d. Achieve a passing score on the Praxis II Content Specialization Test for the content area in which the applicant will seek certification.

PERFORMANCE STANDARDS. Students must maintain a 3.0 grade point average in the MAT curriculum in order to remain in the program. Students who fall below a 3.0 grade point average level will be placed on academic probation. Students will have one semester to raise their cumulative MAT grade point average back to the 3.0 level. If they are not successful in doing so, they may, through the Graduate Director’s Office, petition the Graduate Committee for permission to remain within the program. The Graduate Committee will convene as a committee of the whole and review such petition. Students will be notified by the Graduate Director of the committee’s decision within 60 business days.

3.9.3.2 Program Requirements: Candidates matriculating in the MAT Program may choose to seek teacher certification in the areas offered at Shepherd University:

x Art (K-12) x Music (K-12) x Physical Education (K-12)/Health (5-12) x English (5-12) x Mathematics (5-12) x General Science (5-12) x Family and Consumer Sciences (5-12) x Social Studies (5-12).

Candidates who possess a bachelors degree in Math, English, Science, History, or one of the Social Studies (Political Science, Geography, etc.) may also apply for ELEMENTARY CERTIFICATION with the understanding that content deficiencies in other areas may have to be made up in addition to the MAT coursework.

MASTER OF ARTS IN TEACHING CURRICULUM 30 Hours

*Classes marked with an asterisk are shared with the M.A. in Curriculum and Instruction

MAT CORE CURRICULUM 18 Hours EDUC 5XX Social Foundations of American Education (3) EDUC 5XX Learning in Context (3) EDUC 5XX Planning, Conducting, and Assessing Instruction (3) EDUC 5XX Classroom Ecology (3) *EDUC 525 The Special Learner in the Regular Classroom (3) *EDUC 503 Reading in the Content Area EDUC 5XX Content Pedagogy (3) OR any graduate-level Special Methods course in an approved content area.

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ELECTIVE CURRICULUM 3 Hours One elective course should be selected from the following list:

*EDUC 500 Advancing The Use Of Technology In The Classroom (3) *EDUC 520 Conceptual Development For Integrating Language Arts And Social Studies (3) *EDUC 521 Conceptual Development Of Integrating Mathematics And Science (3) *EDUC 525 The Special Learner in the Regular Classroom *ANY APPROVED GADUATE LEVEL COURSE IN THE CANDIDATE’S CONTENT AREA

For full syllabi for all proposed MAT courses, see APPENDIX C.

STUDENT TEACHING 6 Hours All teacher candidates must complete a clinical student teaching experience as the culminating experience in the MAT Program.

There are two conditions that will satisfy the student teaching requirement.

a. If the teacher candidate is currently employed by a school district as a classroom teacher and holds a non-permanent license (provisional, emergency, etc.), a 15 week period of the candidate’s contracted instructional obligation to the employing school district coincident with a Shepherd University semester will be identified as the clinical semester of student teaching. Supervision of this experience will be conducted by Shepherd University faculty in addition to that provided by the employing school district.

b. Teacher candidates not currently employed by a school district as a classroom teacher will complete a student teaching experience in a classroom in a regional school district. Supervision of this experience will be conducted by Shepherd University faculty in addition to that provided by the hosting school district.

PRE-STUDENT TEACHING FIELD EXPERIENCES Given that there are potentially at least 3 populations of teacher candidates as described in Section 4.4, a variety of opportunities for field experiences will be arranged in association with EDUC 5XX Planning, Conducting, and Assessing Instruction (3) and EDUC 5XX Classroom Ecology (3). These experiences may be completed in a regular day program in a regional public school classroom or they may be completed in evening programs such as evening high school or GED preparation programs. 50 hours of pre-student teaching field experiences are required.

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Individual professors will determine the criteria for evaluation; however, it is expected that these professors will utilize varied methods of instruction and assessment including readings, Web-CT, technology, examinations, research papers, and relevant field-based assignments. One consistent requirement across all courses within the program will focus on the need to meet program objectives. It is expected that all courses will also be theory and action oriented.

3.9.4 Program Outcomes: Based on continuing discussions of desired outcomes, research of the relevant literature, formal and informal feedback from school administrators and teachers, dialogue among practitioners, and INTASC, NCATE, and NBPTS standards, we remain strongly committed that students who graduate from Shepherd University with a Masters of Arts in Teaching program should possess the willingness and capacity to

1. Ascertain and articulate personal professionally held philosophical and theoretical viewpoints about schooling and teaching/learning; 2. Commit to continuous reflective self-examination for personal/professional development; 3. Function as a change agent who can influence and improve the education of P-12 students; 4. Undertake the professional responsibility for the development of P-12 students’ critical mindedness, problem-solving skills, self-motivation, cooperative social interaction, and a commitment to excellent performance; 5. Develop an adequate understanding of the social and psychological conditions of learning including cultural and linguistic differences, exceptionalities and developmental characteristics of P-12 students; 6. Develop, articulate and practice a constructivist, integrated, and multicultural curriculum and a pedagogy that promotes and honors individual dignity and rights of P-12 students consonant with the nature of a pluralistic and democratic society; 7. Develop learning experiences that promote acquisition of the knowledge, skills, and dispositions P-12 students need to function productively and to become critical participants in a democratic, pluralistic social and economic world; 8. Access current research findings regarding schooling and teaching/learning and use these findings in educational programs. 9. Develop a critical understanding of the central concepts, tools of inquiry and structures of representation and their interdisciplinary connections in pedagogical content knowledge that are central to the discipline(s) she/he teaches including the uses of educational multimedia technology;

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10. Foster relationships between school and higher education colleagues, parents, governmental agencies, and individuals and groups in the larger community to support P-12 students’ learning and well-being; 11. Develop a coherent, integrated view of the world of theory and practice; 12. Consistently reflect on a knowledge base, dispositional orientations, and performance characteristics

3.9.5 Program Delivery Courses will be offered at Shepherd University in Shepherdstown, WV, with clinical experiences and student teaching occurring in surrounding school districts. With exception of the student teaching experience, all courses in the MAT Program will be offered in late afternoon, early evening, and/or Saturday classes to accommodate what is expected to be the majority student population in the program.

SECTION 4: PROGRAM NEED AND JUSTIFICATION

4.1 Relationship to Institutional Goals and Objectives According to its Mission Statement, as listed on page 9 of its current 2003-2005 catalog, Shepherd College is committed “to developing and implementing a selected number of graduate programs. The College Mission also states that “the faculty, staff, and administration of Shepherd College are dedicated to remaining in the forefront of advances in contemporary education and professional programs as we serve our students, community, and region in the 21st century.” The Master of Arts in Teaching degree has been specifically designed with the needs of the Eastern Panhandle region in mind. The rapid growth in the region, combined with the movement of teachers to higher-paying jobs in Maryland and Virginia has created a high demand for a graduate-level teacher certification program in the area. Shepherd College is committed to meeting this need.

4.2 Existing Programs Marshall University which is located 357 miles from Shepherd College and West Virginia University, located 153 miles from Shepherd are the only state institutions in West Virginia that offer a similar degree to the master’s proposed by Shepherd. For the last three years, Marshall and Shepherd have offered a collaborative MAT program in which approximately 50% of the coursework was offered at Shepherd and 50% offered through Marshall’s Distance Education program. The first cohort gradated in May of 2004, and the second cohort began in June of the same year. More than 100 students applied for admission to this second cohort.

Shepherd College therefore offers the best opportunity within the Eastern Panhandle and the region to provide a quality program to meet this student need.

4.3 Program Planning and Development The decision to implement a Shepherd University Master of Arts in Teaching degree comes after three years of collaboration on an MAT degree between Shepherd University

98 7 and Marshall University. In many ways, this collaboration has been highly successful. The first cohort of students in the Shepherd/Marshall program graduated in May of 2004, and the second cohort began in June of 2004. Two factors, however, have limited the ability of the Shepherd/Marshall program to meet the needs of the students in the region:

1) The correlation of content courses between Shepherd and Marshall has been problematic. Though the Shepherd/Marshall MAT contains only pedagogy hours, many students have had to make up content-area deficits. Because Marshall University currently provides certification for MAT students, content deficits must be made up through transferable courses; however, normal differences in B.A. programs between Shepherd and Marshall have made this process unwieldly and frustrating for students and administrators alike.

2) The collaborative MAT is a cohort program in which students must take courses exactly when they are offered and cannot, for any reason, suspend their graduate studies for any period of time. We have found that this cohort model drastically increases program attrition, as students with work and family obligations cannot always maintain the lockstep pace necessary to complete the program. Only 50% of the students in the first Shepherd/Marshall progressed to certification and graduation.

The Shepherd MAT, which will not use a cohort model and will use Shepherd’s own course equivalencies for certification will address both of these issues.

Last year, Shepherd University instituted a Master of Arts degree in Curriculum and Instruction—a degree aimed at currently certified elementary and secondary teachers who want to improve their skills through both pedagogy and content-area classes. When we instituted that degree, we realized that a corresponding MAT degree would be essential to our ability to serve our region. Through the Curriculum and Instruction degree we can meet the needs of currently certified teachers, and through the MAT degree we can meet the needs of those desiring certification. Through this powerful combination of graduate offerings, we feel that we will be able to provide schools in the Eastern Panhandle with the teachers they need while, at the same time, serving as a valuable resource to the largest segment of our local population.

4.4 Clientele and Need According to the United States Census Bureau, the population for Jefferson County and the other counties of the Eastern Panhandle including Berkeley, Morgan, Hampshire, Mineral, Grant, Hardy, and Pendleton has increased by 32,522, going from 179,961 in 1990 to 212,483 in 2000. This is an increase of over 18%. What is more striking when looking at Jefferson and neighboring Berkeley County, the population totals rose from 95,179 in 1990 to 118,095 in 2000. This was an increase of 22,196 or over 23%. In addition to the counties in Eastern Panhandle Frederick and Washington Counties in nearby Maryland also showed significant population increases during this ten-year period. Population in Frederick County rose by 45,069 people, from 150,208 to 195,277. This was an increase of over 30 percent. The Washington County population rose by

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10,530 people, from 121,393 to 131,923. This was an increase of nearly 9%. With the influx of many families relocating from the Baltimore and Washington D.C. metropolitan areas, these increases should continue. This data shows that there indeed exists a strong population base upon which to build this program.

The Shepherd Masters on the Arts in Teaching Program will be directed at three different student populations:

1. Those holding provisional or emergency teaching licenses employed as classroom teachers who need to complete an approved teacher education program in order to become fully certified within a stipulated time period from the issuance of their non-standard license. (Usually 3 years). Our surveys of teaching districts in Jefferson County and six boardering counties in West Virginia, Virginia, and Maryland indicates that more than 700 teachers in the immediate vicinity are teaching with non-permanent certificates.

2. Career switchers who are currently employed in non-education fields who seek to acquire teacher certification.

3. Recent graduates with appropriate baccalaureate degrees who wish to continue their education and seek teacher certification.

Shepherd’s recent experience with its Master of Arts in Curriculum and Instruction has show that there is a very large pent-up demand for programs of this kind in the region. After its first year in operation, the C&I program has attracted more than 80 students, nearly tripling initial estimates. As the number of teachers in the area teaching with provisional certification is extremely high, and the demand for teachers in the area is becoming critical, we believe that the demand for the MAT program will be equally high.

4.5 Employment Opportunities: A survey of school superintendents in seven surrounding counties allows us to estimate that more than 700 teachers are currently teaching without permanent certification and that districts have received thousands of applications or inquiries in the last year alone from prospective instructors with bachelors degrees in need of full certification. School superintendents unanimously agreed that a masters-level teacher certification at Shepherd would be beneficial to their program. One administrator, whose district alone has more than 250 teachers on non-permanent certification, wrote, “An alternative certification and/or Master of Arts in Teaching program would certainly be beneficial to our district considering the rapid growth that Loudoun County is experiencing. Loudoun County Public Schools is interested in as many certified/certifiable applicants as possible because hundreds of new teachers will need to be hired each year to keep up with the district’s growth.” See APPENDIX E for full survey data.

4.6 Program Impact

Impact on Other Graduate Programs

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The MAT degree will have the immediate effect of allowing students currently enrolled as non-degree seeking/certification students in content areas to switch into a masters degree program. It will also have a positive effect on retention in key majors, such as English, Mathematics, and the Sciences, by giving students easy access to a plausible career path upon graduation.

We also anticipate that some students currently enrolled in the Curriculum and Instruction program without teacher certification will switch to the MAT when it is available. The combination of the MAT and the C&I masters degrees, we feel, will enrich all of the education courses by allowing us to bring to the university an increased number of highly trained, professionally active scholar-teachers to teach in the program.

We further expect that the MAT will have a positive impact on the current Curriculum and Instruction degree because the two masters degree programs will share nine hours of coursework: EDUC 503, which will be required of students in both programs, and the slate of MAT elective courses, all of which are drawn from existing C&I courses. The overlap in the programs will help substantially with low enrolled courses in the C&I degree program.

Impact on Undergraduate Programs Though Shepherd University is committed to graduate offerings, it recognizes that the undergraduate education will remain its primary mission. Graduate programs will use their own revenues to add faculty lines and clerical support and will not be allowed to draw resources away from undergraduate programs. One of the conditions under which Board of Governors has allowed graduate programs to proceed at Shepherd is that each graduate program must be financially self-sustaining over the long term. The budgets for all graduate programs have been carefully crafted to achieve this self sufficiency. As a program designed for working adults and current teachers without permanent certification, the MAT will offer classes exclusively at night, on weekends, and in the summers—times when the University’s physical resources are currently underutilized. Electronic courses will also be incorporated into the curriculum as warranted by demand. Through careful planning and the strategic use of faculty overloads, split-level courses, and courses cross-listed between the MAT and the C&I graduate programs, we will be able to offer 6-9 credit hours each semester (and more during the summers) with little or no impact on undergraduate offerings. One line in the education department has already been added to support the both the C&I program and the collaborative MAT program with Marshall. Thus, one-half of a faculty position is available for the forthcoming MAT program.

4.7 Cooperative Arrangements Shepherd does not plan to enter into any cooperative arrangements with other schools in relation to the MAT.

4.8 Alternatives to Program Development The most frequently discussed alternative was to remain a party to the cooperative MAT with Marshall University that Shepherd has offered for the last three years. Though there

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were numerous advantages to this program, the two disadvantages discussed in 4.3 became overwhelming. It was also impossible to incorporate teacher certification into the current Shepherd Curriculum and Instruction degree, as that degree presumes certification and makes no provisions for student teaching or other classroom clinical experiences. Finally, we discussed not implementing an MAT and, instead, trying to strengthen options for students to seek certification as non-degree candidates. This idea was rejected for two reasons: 1) the attrition rates for non-degree students are extremely high; and 2) students in non-degree certification programs typically spend longer than two years pursuing simple certification, without a masters degree.

SECTION 5: PROGRAM IMPLEMENTATION AND PROJECTED RESOURCE REQUIREMENTS

5.1 Program Administration The Master of Arts in Curriculum and Instruction Program will be housed in the Department of Education at Shepherd University, which will assume day-to-day administrative responsibility for the program, with ultimate oversight provided by the Director of Graduate Studies and the Graduate Committee. Changes in the curriculum must be approved by the Department of Education, the Professional Educational Unit Council (PEUC), and the Graduate Committee.

5.2 Program Projections

FORM 1: FIVE –YEAR PROJECTION OF PROGRAM SIZE

Year Year Year Year Year (2005) (2006) (2007) (2008) (2009)

Number of Majors: 22 25 30 35 40

Headcount (3 semesters) 66 75 90 105 120

FTE majors 22 25 30 35 40

Number of student 297 338 405 473 540 credit hours generated by majors in the program (entire academic year): Number of degrees to be granted (annual total):

(*) 50% of students will take six credits per semester 50% of students will take three credits per semester

5.3 Faculty Instructional Requirements:

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Faculty teaching in the Masters of Arts in Teaching Program must have a doctorate and at least 3 yeas teaching experience in K-12 classroom teaching. Please see APPENDIX B for a list and full CV’s of all education department graduate faculty who will teach in this program.

5.4 Library Resources and Instructional Materials Adequate expenditures for library resources to meet the expanding and changing needs of the students and teaching faculty will be required. In order to meet this need, $4,000 has been included in the first year’s budget to purchase books and journal subscriptions for the program, with this amount increasing gradually over the first five years. Additionally, the Shepherd University Administration recently approved a permanent $28,000 a year budget line for graduate library resources.

5.5 Support Service Requirements See Appendix A

5.6 Facilities Requirements As this program will be administered as evening, weekend, and summer courses, current facilities will be utilized without negative impact on current programs.

5.7 Operating Resource Requirements See Appendix A

5.8 Source of Operating Resources The Master of Arts in Teaching, like all graduate programs at Shepherd University, has been designed to be financially self-sufficient. To ensure this self-sufficiency, Shepherd uses a pro-rated formula for paying graduate faculty for teaching overloads and summer courses. No course, therefore, is allowed to operate at a loss. New faculty lines for graduate courses will only be approved once enrollment targets are met, and the University is prepared to terminate graduate programs that do not meet this standard of self-sufficiency.

The enrollment projections listed in Appendix A are conservative. Our initial target of 24 students during the first year is below the number of initial students in both of the collaborative MAT cohorts with Marshall, and well below the numbers who enrolled during the first year of the Curriculum and Instruction program. Given the current shortage of certified teachers in the Eastern Panhandle and surrounding counties, we expect to exceed these numbers in the program, but have used a very conservative estimate in our planning process in order to prepare ourselves for any possible scenario.

SECTION SIX: OPERATING EXISTING PROGRAMS AT NEW LOCATIONS Not Applicable to this proposal

SECTION SEVEN: PROGRAM EVALUATION

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7.1 Evaluation Procedures Evaluation and assessment of the MAT program are based on the figure below, which is the model chosen to operationalize the theme of TEACHER AS REFLECTIVE PROBLEM SOLVER (TARPS). This theme expresses the character of both the undergraduate and graduate Teacher Education Programs at Shepherd University. The model recognizes that to be a reflective problem solver, the prospective teacher consistently needs to reflect on Knowledge, Dispositions, and Performance.

TEACHER AS REFLECTIVE PROBLEM SOLVER

KNOWLEDGE

R

N E

F O

I

L T

E TEACHER AS C

C

REFLECTIVE PROBLEM E T

L I SOLVER O F N E R DISPOSITION PERFORMANCE RE N FLECTIO

The program outcomes for each of these areas are as follows:

Knowledge Goals

The Candidate

K1. Demonstrates an understanding of developmental issues (cognitive, social, emotional, physical) in diagnosing, planning, implementing, and assessing teaching/learning; K2. Accesses and uses current research findings in diagnosing, planning, implementing, and assessing teaching/learning experiences; K3. Demonstrates a critical understanding of the central concepts, tools of inquiry and structures of representation of subjects being taught and their interdisciplinary connections in diagnosing, planning, implementing, and assessing teaching/learning experiences; K4. Possesses a coherent, integrated understanding of the world of theory and practice that is evident in diagnosing, planning, implementing, and assessing teaching/learning experiences; K5. Considers the multicultural nature of classrooms and society in diagnosing, planning, implementing, and assessing teaching/learning experiences; K6. Considers and uses educational multimedia in diagnosing, planning, implementing, and assessing teaching/learning experiences.

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Disposition Goals

The candidate

D1. Demonstrates the willingness and capacity to practice teaching/learning from our model’s thematic structure: Action, Interpretation, and Critical Reflection; D2. Demonstrates the willingness and capacity to continuously engage in self- analytical and self-reflective processes for professional development; D3. Demonstrates the willingness and capacity to engage in critical discourse about education issues; D4. Displays respect for individual dignity and diverse learning orientations of all students; D5. Demonstrates a commitment to excellence in academics and practical teaching/learning experiences; D6 Demonstrates the willingness and capacity to assume personal responsibility for professional development.

Performance Goals

The candidate

P1. Observes, describes, and analyzes self, individual student and group performance in order to design developmentally and individually appropriate and improved teaching/learning experiences; P2. Plans and implements teaching/learning experiences that develop students’ problem solving capacity and critical thinking skills; P3. Plans and implements teaching/learning experiences that are based on a constructivist epistemology; P4. Plans and implements teaching/learning experiences that accommodate student diversity; P5. Plans and implements teaching/learning experiences that promote students’ ability to function productively in society; P6. Plans and implements teaching/learning experiences that are based on explicit understanding of the core concepts, tools of inquiry, and structures of knowledge that are central to the subjects being taught; P7. Uses a variety of strategies (e.g., portfolios, observations, presentations, essays, criterion-referenced tests, learning project results, norm-referenced tests) to assess the effectiveness of teaching/learning experiences; P8. Uses a variety of strategies (e.g., individualization, whole group, project groups, cooperative learning, learning centers, discussion, lecture) to optimize teaching/learning opportunities in the classroom; P9. Uses professional, community, and other resources outside the classroom to enhance student learning.

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These goals and outcomes will be assessed every year as part of a Shepherd’s comprehensive assessment plan, which is under the direction of the Dean of Teaching and Student Learning

7.2 Accreditation Status During the planning process for this degree, The VPAA and the Interim Dean of Graduate Studies have been in close contact with the Higher Learning Commission of the North Central Association of Colleges and Schools. Many of their suggestions have already been incorporated into the Shepherd graduate proposals. Upon approval of the MAT and other graduate programs, Shepherd will send to the Higher Learning Commission a request to change the mission, structure, and educational offerings of the Institution. It is our plan to request a focus visit in late-February or early-March, which would allow for final notification in May and fully accredited graduate programs beginning course offerings in the Fall 2005 semester.

As part of Shepherd’s Teacher Education program, the MAT degree will also be accredited through the National Council for Accreditation of Teacher Education (NCATE). SEE APPENDIX F: ACCREDITATION STANDARDS. The University’s Professional Education Unit is currently accredited through NCATE through 2009. When the University applies for reaccreditation, the MAT degree will be part of the self-study report and the site visit.

Finally, upon HEPC approval of the MAT, Shepherd will file letter of intent to submit a proposed program to the Program Review Board of the West Virginia Board of Education. In the spring semester, we will file a full proposal for the new program with the WVBE and will secure their approval before beginning classes in the fall.

106 SECTION 10. FORM 1 Page 1 of 1 Masters in Arts & Teaching FIVE-YEAR PROJECTION OF PROGRAM SIZE

First Second Third Fourth Fifth Year Year Year Year Year (20___)05 (20___)06 (20___)07 (20___)08 (20___)09

Number of Students Served through Course Offerings of the Program:

Headcount* _____22/66 25/75 _____30/90 _____35/105 _____40/12 _____0

FTE* 8 _____.25/25 9.375/2 _____8 11.25/3 _____4 13.125/3 _____9 15/45 _____

Number of student credit hours generated by courses within the program (entire academic year): _____297 _____338 _____405 _____473 _____540

Number of Majors:

Headcount* _____22/66 25/75 ______30/90 35/105 _____40/120 _____

FTE majors* 8.25/25 _____9.375/28 _____1 _____1.25/34 13.125/3 _____9 15/45 _____

Number of student credit hours generated by majors in the program (entire academic year): _____297 _____338 _____405 _____473 _____540

Number of degrees to be granted (annual total): _____0 _____5 _____7 _____12 _____15

* 1st number represents the per semester count 2nd number represents the full fiscal year count

11 107 SECTION 11. FORM 2 Page 1 of 2

Masters in Arts & Teaching FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS*

First Second Third Fourth Fifth Year Year Year Year Year FY(20___)05 FY(20___)06 FY(20___)07 FY(20___)08 FY(20___)09

A. FTE POSITIONS

1. Administrators _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

2. Full-time Faculty _____0.0 _____0.5 _____0.5 _____1.0 _____1.0

3. Adjunct Faculty _____1.5 _____1.0 _____1.0 _____0.5 _____0.5

4. Graduate Assistants _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

5. Other Personnel:

a. Clerical Workers _____0.0 _____0.1 _____0.1 _____0.1 _____0.2

b. Professionals _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

Note: Include percentage of time of current personnel

B. OPERATING COSTS (Appropriated Funds Only)

1. Personal Services:

a. Administrators _____0 _____0 _____0 _____0 _____0

b. Full-time Faculty _____0 24,400 _____25,132 _____50,286 _____51,795 _____

c. Adjunct Faculty14,100 ______9,400 _____9,870______5,182 ______5,442

d. Graduate Assistants _____0 _____0 _____0 _____0 _____0 e. Non-Academic Personnel:

Clerical Workers _____0 1,000 _____1,050 ______1,103 _____2,758

Professionals _____0 _____0 _____0 _____0 _____0

Total Salaries1 _____4,100 34,80 _____0 3 _____6,052 56,571 _____5 _____9,995

12 108 FORM 2 Page 2 of 2 Masters in Arts & Teaching FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS*

First Second Third Fourth Fifth Year Year Year Year Year (20___)05 (20___)06 (20___)07 (20___)08 (20___)09

2. Current Expenses41,785 _____29,088 _____41,459 _____34,501 _____44,624 _____

3. Repairs and Alterations _____0 _____0 _____0 _____0 _____0

4. Equipment:

Educational Equip.1,000 _____1,050 _____1,104 _____1,160 _____1,218 _____

Library Books4,000 ______4,250 _____4,410 _____4,631 4,863 _____

5. Nonrecurring Expense (specify) _____0 _____0 _____0 _____0 _____0

Total Costs6 _____0,885 6 _____9,188 8 _____3,025 9 _____6,863 1 _____10,700

C. SOURCES

1. General Fund Appropriations (Appropriated Funds Only) _____0 _____0 _____0 _____0 _____0

____Reallocation ____New funds (Check one)

2. Federal Government (Non-appropriated Funds Only)_____0 _____0 _____0 _____0 _0____

3. Private and Other (specify)60,885 _____69,188 _____8 _____3,025 9 _____6,863 _____110,700

Total All Sources60,885 _____69,188 _____8 _____3,025 9 _____6,863 _____110,700

NOTE: Total costs should be equal to total sources of funding

*Explain your Method for Predicting the Numbers (Use additional sheet if necessary)

Private and Other funding source is tuition. Each student averages 4.5 credit hours per semester / 13.5 per year 90% in-state students @$195 10% out-of-state students @$295

13 109 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of Master of Business Administration

INSTITUTIONS: Shepherd University

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the Master of Business Administration (MBA) at Shepherd University effective Fall 2005 (CIP # 42.52.0201).

STAFF MEMBER: Bruce Flack

BACKGROUND:

Shepherd University proposes the implementation of a new graduate-level degree program, Master of Business Administration (MBA). The program is designed to improve the expertise of business and non-business students alike by providing advanced studies on the graduate level. The program will be a collaborative effort among the Business, Accounting, Economics, and Computer and Information Sciences departments. There will be 36 hours of coursework required for the degree. All students will take a 27-hour core and 9 hours in concentrated areas of study that include accounting, marketing, general management and information technology. Faculty teaching in the program will be expected to hold doctorates in their area or appropriate terminal degrees combined with professional licensure.

Impetus for establishment of the MBA degree came from the fact that the institution possessed a core faculty who hold terminal degrees and the growing demand for such a program in a geographic region with an expanding population. In Fall 2003, the combined undergraduate majors in business, accounting, economics and computer information sciences totaled 632. A survey of the leading business group in Shepherdstown revealed that nearly all of those surveyed agreed that there was an urgent need for a graduate business program at Shepherd. Two follow-up market research surveys corroborated the need and demand for the program. One survey went to regional employers while the second survey went to upper level undergraduates and a group of prospective adult students. The geographic area served by Shepherd University is host to a large number of federal facilities, distribution centers, traditional corporations and start-up enterprises.

West Virginia University currently offers an executive MBA program in Shepherdstown. While this program does serve eastern panhandle residents, it is a different program

110 with a different target market from the proposed Shepherd MBA. The WVU program is different in several ways, including the expectation that students have management experience and the delivery of the program through a cohort model.

While committed to graduate offerings, Shepherd University has taken the position that graduate programs will use their own revenues to add faculty lines and clerical support and will not be allowed to draw resources away from undergraduate programs. Because four departments will be offering courses in the MBA program, no single department will be required to increase its overall teaching load by more than one course a semester, except during the summer when faculty resources are much less constrained. In the fourth year, the budget calls for the addition of a new faculty line. New faculty lines for graduate courses will only be approved once enrollment targets are met, and the University is prepared to terminate graduate programs that do not meet this standard of self-sufficiency. Resources from the program will support the purchase of books and journals that will be necessary for coursework and professional research. In addition, the administration has approved a $28,000 budget line to purchase graduate materials for the library. Since courses for the program will be offered in the evening hours and in summer sessions, current facilities will be utilized without negative impact on current programs.

Income generated through enrollment is based on conservative projections. It is expected that headcount will total 20 students in the first year and 36 students by the fifth year, with in-state and out-of-state enrollment being split 50-50. Operating funds in the first year are projected to be $66,150 and $119,070 in the fifth year.

Upon approval of this program and other graduate programs, Shepherd will send to the Higher Learning Commission of North Central Association a request to change the mission, structure and educational offerings of the Institution. It is Shepherd’s plan to request a focused visit in late February or early march which would allow for final notification in May and fully accredited graduate programs beginning course offerings in the Fall 2005 semester. Shepherd’s Department of Business Administration is accredited by the International Assembly of Collegiate Business Education (IACBE). Shepherd has already notified the IACBE of its intent to plan an MBA program. Upon Higher Education Policy Commission approval of the program, Shepherd will submit the proposal documents to begin the accreditation process.

The Shepherd University proposal for establishing the Master of Business Administration degree has been reviewed by the Higher Education Policy Commission staff and an external consultant. The proposal has been modified to address the issues raised by the reviews. The proposal, as revised by Shepherd University, is on the following pages. The appendices, which include faculty vitae, course syllabi, and appropriate institutional policies, are not included, but are available on request.

111 Shepherd University Submitted: July 1, 2004 Revised and Resubmitted: November 15, 2004 Request for Approval to Implement Graduate Program

Master of Business Administration

Shepherdstown, West Virginia

To begin Academic Year 2005-2006

Summary: The Shepherd University Master of Business Administration program is designed with a substantive academically rigorous curriculum with specialized concentrations. The program will be a collaborative effort among the Accounting, Business, Economics, and Computer and Information Sciences departments within the School of Business and Social Sciences and the School of Natural Sciences and Mathematics. The Master of Business Administration Program will provide students with a comprehensive education that will enable them to pursue careers that will afford them the opportunity to succeed in a highly competitive business environment. This program will lay the foundation to produce graduates at the master’s level who are knowledgeable, competent, accountable, and ethical in managing organizations.

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3.9 Program Description The Shepherd University Master of Business Administration (MBA) program is designed to incorporate a curriculum with the scope and sequence of a Master of Business Administration Degree that is both professionally challenging and academically rigorous. The program offers students specialized concentrations in its graduate elective offerings. The program will be a collaborative effort among the Business, Accounting, Economics, and Computer and Information Sciences departments within the Schools of Business and Social Sciences and Natural Sciences and Mathematics.

Shepherd University proposes a thirty-six credit Master of Business Administration. This degree is designed to improve the expertise of business and non-business students alike by providing them with advanced studies on the graduate level. Each course within this Master of Business Administration Program will be three credit hours. Individual professors will determine the criteria for evaluation, using varied methods of instruction and assessment including readings, WebCt, technology, examinations, research papers, case studies and relevant field based assignments. Course content will be delivered at the academic level where students are able to analyze, synthesize and evaluate business issues.

All students will be required to complete twenty-seven credit hours in the business core and nine elective credit hours in concentrated areas of study that include accounting, marketing, general management, and information technology.

3.9.1 Program Objectives The Master of Business Administration Program will provide students in the Eastern Panhandle of West Virginia and surrounding areas with a comprehensive education that will enable them to identify careers or enhance their current careers; explore opportunities for career change or career re-entry. Students earning the MBA may be able to seek promotions or pursue further academic credentials in either a Ph.D. program in business or a DBA (Doctor of Business Administration). This program will lay the foundation to produce graduates at the Masters level who are knowledgeable, competent, accountable, and ethical in managing organizations.

A major goal of this program is to provide increased access to graduate education to a wide-range of constituencies. The program of study will enable the students to build on the theoretical foundations needed to understand the complex, contemporary business environment. Students will develop the skills necessary for self-directed growth and analysis by utilizing the latest information technology. It is the objective of the program to improve individual personal satisfaction as well as to produce employable and productive students who will be more marketable with increased income and responsibility.

The University recognizes that with economic cycles, some of these measures cannot be assessed on a linear basis as job numbers and incomes can fluctuate dramatically during

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economic cycles. However, long- and short-term trends of the above are program outcome measures.

Retention and satisfaction of the Business Faculty are also objectives of the MBA at Shepherd University. The West Virginia faculty salary scale for business departments is significantly below the national average. Graduate scholarship with its highly trained and skilled business faculty will be intellectually and professionally stimulated when teaching graduate students. The addition of graduate business programs that are attended primarily by business professionals provides a stimulating enticement, which will enable the University to retain qualified business faculty.

3.9.2 Program Identification The proposed program falls under the category “Business Administration and Management, General,” ID number 52.0201, in the Classification of Instructional Programs (CIP) standards developed by the US Department of Education:

A program that generally prepares individuals to plan, organize, direct, and control the functions and processes of a firm or organization. This includes instruction in management theory, human resources management and behavior, accounting and other quantitative methods, purchasing and logistics, organization and production, marketing, and business decision- making.

3.9.3 Program Features

3.9.3.1 Admissions and Performance Standards A baccalaureate degree from an accredited college or university must be verified on original transcripts and sent by the institution directly to Shepherd University.

A score of 400 on the GMAT, or an equivalent score on the Major Field Achievement Test in Business Administration, and a minimum G.P.A. of 2.75 in previous college work will be required for regular admission into the MBA program.

While these standards will be the MBA Admissions policy, it is also recognized that undergraduate majors and institutions vary widely in grading criteria. Therefore, Shepherd University wishes to extend to the program administration, the prerogative to review exceptional cases.

Students entering the MBA program with undergraduate degrees outside business or which have no business component will take pre-requisite courses to bridge the learning process. These classes will include courses such as Economics, Finance, Statistics, Accounting, Management, and Marketing. Applicants whose academic background is determined to be deficient in the necessary undergraduate course work will be required to make up any deficiencies by: 1) taking the appropriate graduate foundation coursework; 2) successfully completing the appropriate CLEP tests; 3) submitting a portfolio of work-

114 4 related experience; or requesting an evaluation of academic coursework by the Program Director. Final eligibility will rest with the MBA administration.

To graduate with the MBA, students must have completed the foundation core and nine hours of graduate elective courses with a minimum GPA of 3.0.

3.9.3.2 Program Requirements Shepherd University will offer the MBA with a total of 36 hours. A core of twenty-seven hours will be followed by graduate electives. Students may elect to take courses as they are offered. Foundational core courses are noted. Full catalog descriptions and syllabi for all core courses as well as possible graduate elective courses are provided in APPENDIX B.

Advanced Management (with Intro to the MBA) 3 Advanced Marketing 3 Challenges to Modern Business 3 International Business 3 Business Ethics 3 Financial Management 3 Management Information Systems 3 Managerial Economics 3 Managerial Accounting 3 Total Core Classes 27 Graduate Electives* 9 Total Hours in Graduate MBA 36

*Possible graduate electives which may be offered on a two-year cycle

Advanced Cost Accounting 3 Personal Financial Planning 3 Tax Research 3 Advanced Auditing 3

Organizational Behavior 3 Human Resource Management 3 Advanced Topics and Cases (Project) 3

Introduction to Computer & Information Sciences 3 Computer Language Concepts (Pre-requisite: Intro to CIS) 3 Systems Analysis and Design 3 Database Management Systems 3

Professional Selling and Sales Management 3 Marketing Selected Topics 3 Advanced Special Topics 3 Applied Marketing Project 3

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Foundations Program Applicants who lack the necessary undergraduate prerequisites will be required to make up any deficiencies by: 1) taking the appropriate graduate foundation coursework; 2) successfully completing the appropriate CLEP tests; 3) submitting a portfolio of work- related experience; or requesting an evaluation of academic coursework by the Program Director.

Undergraduate Courses Graduate Foundation Courses Principles of Accounting (6 hours) Financial Accounting

Principles of Economics (6 hours) Economic Analysis

Statistics (3 hours) Business Statistics

Introduction to Finance (3 hours) Introduction to Finance

Principles of Management Introduction to Management

Principles of Marketing Introduction to Marketing

Business Law Business Law

Financial Accounting, Economic Analysis, Introduction to Marketing and Introduction to Management would be “free standing” foundations courses. Statistics, Introduction to Finance and Business Law would be double numbered courses (undergraduate/graduate courses).

Students will be able to select graduate electives from the above courses and in any concentration. As the program grows and students’ interests are determined, additional courses will be offered.

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Tentative Teaching Schedule for Proposed MBA Shepherd University

Year 1 Classes Tentative Professor

Fall Semester Advanced Marketing (with Intro to the MBA) Dr. M. Patton Managerial Economics Dr. K. Reid

Spring Semester Advanced Management Mr. E. G. DeMeritt * Managerial Accounting Mr. R. Hamood

Summer Semester Advanced Cost Accounting Mr. R. Hamood Human Resource Management Dr. H. L. Patton Introduction to Computers & Information Sciences Dr. Luiz Homem de Mello Database Management Systems Dr. Reza Mirdamadi Professional Selling and Sales Management Dr. M. Patton Other elective classes offered based upon demand

Year 2

Fall Semester International Business Dr. M. Patton Management Information Systems Dr. Osman Guzide

Spring Semester Financial Management Mr. T. Gocmen * Business Ethics Dr. M. Galligan

Summer Semester Challenges to Modern Business Dr. M. Galligan Tax Research Mr. R. Hamood Human Resource Management Dr. H. L. Patton Advanced Special Topics Dr. M. Patton Advanced Topics and Cases (Project) Dr. M. Stern Other elective classes offered based upon demand

* = professors who are expected to have earned doctorate before teaching date.

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CURRICULUM MATRIX

Common Professional Component

Expectation: The common professional component (CPC), as outlined below, should be included in the content of the courses taught in all accredited degree programs:

A. Business Functions and Operations 1. Production and Operations Management 2. Marketing 3. Business Finance

B. Economic/Social/Legal Environment 1. Legal Environment of Business 2. Economics 3. Business Ethics

C. Quantitative Methods and Information Systems 1. Accounting 2. Management Information Systems 3. Quantitative Techniques/Statistics

D. Organization Theory and Interpersonal Behavior 1. Management 2. Organization Behavior 3. Human Resource Management

E. Administrative Processes and Policy 1. Business Policies 2. An experience that enables a student to demonstrate the capacity to synthesize and apply knowledge (e.g. thesis, comprehensive examination or course) from an organizational perspective.

F. Global Dimension of Business

The Common Professional Component (CPC), referred to at Shepherd University as the Master’s of Business Administration Core, is completed by all students graduating with the MBA.

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Figure 1 shows the summary of the CPC compliance for each course contained within the Master’s of Business Administration Core proposed for AY 2004- 2005. This Figure demonstrates CPC topic coverage on a per course basis and on a total basis. All CPC topics are adequately covered in the core.

Figure 1 CORE CONTACT HOUR CLASS SESSIONS BY CPC TOPIC COURSES FOR UNDERGRADUATE EDUCATION A1 A2 A3 B1 B2 B3 C1 C2 C3 D1 D2 D3 E1 E2 F TOTAL Adv. Mkt. 2 40 2 5 1 5 0 3 2 1 1 0 5 5 5 77 Adv. Mgt. 10 2 2 2 1 5 1 5 2 40 5 5 5 5 5 95 Chal/Mod B 5 5 5 35 0 10 0 2 0 2 0 5 5 0 10 84 Int. Bus. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 45 59 Bus. Ethics 0 5 5 10 1 40 0 0 0 5 5 5 5 0 3 84 Fin. Mgt. 5 1 40 0 0 1 5 2 5 1 0 0 5 5 10 80 MIS N/A Mgr. Econ. 10 20 20 9 80 6 2 0 11 2 0 0 5 10 20 195 Mgr. Acct. 8 6 10 6 2 2 90 15 15 8 0 1 8 15 40 226 Totals 41 80 85 68 86 70 99 28 36 60 12 17 39 41 138 900 Summary of Common Professional Component (CPC) Compliance

Note: While Business Ethics topic coverage exists in business core courses, there also is a required Business Ethics course in the Master’s of Business Administration core that must be taken by all business majors (see course syllabi in the Appendix).

N/A= Not Applicable

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3.9.4 Program Outcomes The proposed Master of Business Administration is a new program and is not an expanded or altered one. The following program outcomes have been established for the program:

x Graduates will be prepared to meet the next level of their professional goals. x The program will prepare students to pursue their personal journeys as critical thinkers. x The program will prepare our graduates to perform in the world of business organizations. x The program will prepare students for the world of doctoral education. x Our students will be equipped with theoretical grounding, business language fluency, and awareness of the self-presentation skills that serve successful people.

3.9.5 Program Delivery At the time of initial launch, it is intended to use corporate classroom methods, with an emphasis on case-studies and hands-on experience, for delivery. Individual faculty will use various degrees of instructional technology; however, it is expected that as the program develops and demand grows, more advanced technology may prove useful and Shepherd University would like to reserve the option to use varying technology options.

Section Four: Program Need and Justification

4.1 Relationship to Institutional Goals/Objectives The Shepherd University Mission Statement identifies two goals for the University that are directly addressed by the proposed Master of Business Administration. The first of these goals concerns Shepherd’s commitment to “developing and implementing a selected number of graduate programs.” In order to work towards this objective, Shepherd has designed a practical, career-oriented MBA program that takes advantage of our outstanding, terminally prepared faculty in Business, Accounting, Economics, and Information Technology.

The Shepherd University Mission states that “the faculty, staff, and administration of Shepherd University are dedicated to remaining in the forefront of advances in contemporary education and professional programs as we serve our students, community, and region in the 21st century.” The rapid growth of the Eastern Panhandle of West Virginia has created an explosion of jobs in the region that are available to state residents who have the proper education and degree training. The Master of Business Administration is an essential part of meeting this demand and serving this rapidly expanding population.

4.2 Existing Programs The only West Virginia public institutions of higher education that currently offer a Master of Business Administration are West Virginia University, 152 miles from Shepherdstown, and Marshall University, 346 miles from Shepherdstown. As such, many

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potential students from the Eastern Panhandle would not seek such a Master of Business Administration graduate program that would require such extensive travel. The other universities in the area that offer MBA programs are Frostburg State University in Maryland, and three Virginia Universities: James Madison University, George Mason University, and Shenandoah University. With the exception of Shenandoah, a private university in Winchester, none of these schools is within easy commuting distance of the Eastern Panhandle of West Virginia, and all of them have substantially higher tuition rates for West Virginia residents than Shepherd would charge.

A final program to be considered in the area is the West Virginia University executive MBA program in Shepherdstown. While this program does serve Eastern Panhandle residents, it is an entirely different program, with an entirely different target market, than the Shepherd MBA. Five key differences between the program are: 1) The WVU Executive MBA requires corporate sponsorship; 2) The Executive MBA requires its students to have at least five years of management experience; 3) The Executive MBA, because of special fees, costs substantially more in tuition and fees than a normal academic program; 4) The Executive MBA is a 48, cohort hour program with a lockstep schedule; and 5) The Executive MBA does not assume an undergraduate business background. The two degrees are intended for completely different student needs, and they would be very unlikely to appeal to the same individuals.

4.3 Program Planning and Development The decision to pursue a Master of Business Administration resulted from the confluence of three factors: 1) the strong need in the Eastern Panhandle for a career-oriented, practical graduate program to give local residents the skills necessary to qualify for the high paying jobs that are coming, and have already come, into the area; 2) the traditional strength of our undergraduate business administration program, currently the second largest program at Shepherd with 346 students (10.7% of the entire student population); and 3) the considerable strength of the business faculty; with four members of the faculty with Ph.D.s in business, and five more with Ph.D.s in economics, Shepherd has a strong faculty base for offering this degree.

Faculty members in the Department of Business Administration conducted initial market research to determine the likely impact that a Shepherd MBA degree would have on the area. At a recent Gateway Technology Fair, a quantitative survey was administered to all members of the GNEC, the leading business group in Shepherdstown wherein they were asked about the need for and value of a Shepherd University MBA program. This organization indicated strong support for the development of such a program, with 98% of respondents agreeing that there was an urgent need for a graduate business program at Shepherd University. In 2003, in response to these factors, Shepherd University hired a consultant with experience developing and administering MBA programs to assist with the development of the MBA proposal. The entire university is committed to the success of this program. During the planning process, we conducted two marketing research surveys designed to assess the potential demand for an MBA program at Shepherd. The first study involved fifty-three personal interviews of representatives of organizations that hire Shepherd

121 11 graduates. Of the fifty-three employers interviewed, 91% indicated that they used business professionals in their organizations and 64% of those surveyed felt it was important for the educational institution in the community they were operating and hiring potential employees from to offer a MBA program. The firms that felt it was important to have a locally based graduate program included organizations such as AIG American General, Allegis Group, BB& T Bank, Citigroup, Cornell Abraxes, Energy Express, Enterprise Rent-A-Car, Lincoln Mortgage and NBC 25. It was also encouraging to note that 52% of the employers surveyed indicated that their firm offered tuition support for employees in MBA programs and that their employees would be encouraged and supported to take the MBA program at Shepherd University.

The second study was designed to gauge student interest in the program. Ninety-one upper lever undergraduates and twenty-seven mature age prospects were interviewed. The survey results were promising and indicated that both 63% of the senior students and mature age prospects responded positively to the prospect of future graduate studies, and 58% of the seniors and 74% of the mature aged segment rated at least "likely" they would undertake a local MBA if offered. When this study is combined with a convenience survey undertaken in April of 2004, the evidence supports a strong underlying demand for a local MBA program by local employers and potential students.

4.4 Clientele and Need Shepherd University is located in Jefferson County, a part of the state that touches the fastest-growing counties in three states: West Virginia (Berkley), Virginia (Loudon) and Maryland (Frederick). In the spring of 2004, the Jefferson County Development Authority conducted a survey of 3500 county residents to determine their commuter status and practices. Of the 622 respondents, fully one-fourth of the population holds a bachelor’s degree. In addition, almost half of the respondents indicated their income exceeds $50,000 annually. Clearly this income is needed to afford Panhandle housing that is approaching the $350,000 mark. West Virginia’s Eastern Panhandle is populated with highly-educated, well-paid, ambitious residents. The area is host to a large number of federal facilities, distribution centers, traditional corporations, and start-up enterprises. This growing business community faces the dilemma of finding highly qualified employees with expertise and understanding that range beyond the generic business skills that are acquired at the undergraduate level. These businesses know they will need employees with an advanced level of expertise and skills. With the MBA, Shepherd University will be in an ideal and unique position to provide students with both. Additionally, many area residents commute into the Washington/Baltimore area for work, but would strongly prefer to attend an MBA program in their own area. Shepherd University has a tradition of strong undergraduate education in business, accounting, economics, and computer information sciences. In the fall of 2003, these combined majors totaled 632. The Business Administration Department alone graduates more majors than any other major at the University. Having successfully completed the rigorous undergraduate program, these students would be well qualified to continue their studies at Shepherd. These students may choose to stay at Shepherd for a number of

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important reasons. First, they are familiar with the high standards that Shepherd University and the departments espouse. Second, these students are familiar with the college, the campus, the faculty, and the undergraduate courses of study. Students may be more likely to return to a school they know, rather than enroll elsewhere. It may be a natural selection for these students to continue their education in a supportive environment that offers them academic success. A graduate program in Business Administration would draw from this population of students as they pursue their future career goals. The MBA will permit accounting graduates to earn enough credits to sit for Certified Public Accountant (CPA) examination. The business majors in the marketing strand may lead to careers in sales, advertising or public relations.

Analysis of Available Jobs To gain a better understanding of career opportunities in the greater Washington DC area a content analysis was undertaken on random Sunday classified advertisements by students in the Shepherd University marketing research class. The content analysis involved physically counting and categorizing 11,678 “help wanted” classified advertisements by week into 14 general categories. To differentiate between the urban and distant suburban markets two Sunday classified sections from the Washington Post (June 25 and August 8, 2004) were analyzed and the month of May 2004 was tabulated from the Martinsburg Journal.

Results of the content analysis showed that the two labor markets are distinct but there are common themes that apply directly to higher education decision making. In the Washington Post analysis, the number one category was for sales and marketing professionals at 18% of the positions listed, followed by health care positions at 14%, accounting/finance at 9% and 3% for IT/computer positions. It is important to remember that a low score does not mean that the field is unimportant or that there are not positions available for our graduates. The percentages are only representative of the general number of people in the professional area and offer a comparison of the possible pool for future student programs. The Washington Post also reported significant responses in the skilled trades area at 13%, and for administrative assistants at 10% of all the ads.

The results of the Martinsburg Journal analysis indicated that the professional demand was significantly lower but had a similar “pecking order”. In graduate areas the health care area attracted the highest percentage of positions with 13%, followed by sales and marketing at 10% and accounting and finance at 2%. The major difference between the two geographic areas was the high percentage of demand for unskilled or manual labor in Martinsburg with skilled trades, laborers, drivers and food service workers making up 20%, 15%, 10% and 9% respectively.

There are additional and often better sources for employment information but the classified advertisements represent an unbiased empirical record. This analysis is not meant to reflect exact percentages of career positions available in the greater Washington market, but to give a general idea of where pools of potential students and careers are in the total marketplace.

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Survey of Local Businesses One of the biggest challenges we face in the Eastern Panhandle is to bring desirable, environmentally sound businesses to the area. This problem was highlighted at the April 2004 Gateway Technology Fair sponsored by the Gateway New Economy Council (GNEC), the premier business group in Shepherdstown. As mentioned above, a quantitative survey of all the members of Gateway was distributed. They were queried about the need for and value of a Shepherd University MBA program. This organization indicated strong support for the launch of such a program. Survey results indicated 98% of the respondents felt strongly “this is a great step for Shepherd!” Other comments were “I think there is a huge opportunity to establish the program and grow it in tandem with the growing economy in the area. Not that the program would limit itself to this area, but there is a thriving microcosm here in the region that lends itself to being able to give students the kind of close attention in the business world that a small school like Shepherd can provide. At the same time, the business community can be used by Shepherd as a kind of small experimental pond.”

4.5 Employment Opportunities The research cited in the previous section underscores the kinds of opportunities available in the area. Employment opportunities for MBA graduates abound in the Eastern Panhandle and the surrounding Washington-Baltimore area, one of the fastest-growing areas in the country. The above-mentioned GNEC business survey revealed that 95% of the respondents believed that Shepherd MBA graduates would be highly employable; one respondent noted that “a graduate program will assist with recruiting more qualified employees…motivation and reasoning skills are becoming more important issues and a graduate program will jump start potential employees.”

4.6 Program Impact Though Shepherd University is committed to graduate offerings, it recognizes that the undergraduate education will remain its primary mission. Graduate programs will use their own revenues to add faculty lines and clerical support and will not be allowed to draw resources away from undergraduate programs. One of the conditions under which Board of Governors has allowed graduate programs to proceed at Shepherd is that each graduate program must be financially self-sustaining over the long term. The budgets for all graduate programs have been carefully crafted to achieve this self sufficiency. The MBA at Shepherd has been designed to meet the needs of working adults. Courses will be offered in the evenings, on weekends, and at other times in which the physical facilities are under-utilized. Electronic courses will also be incorporated into the curriculum as warranted by demand. Because four departments will be offering courses in the MBA program, which will initially offer we expect that no single department will be required to increase its overall teaching load by more than one course a semester, except during the summer, when faculty resources are much less constrained than they are during the school year.

Because the Shepherd University MBA program has been designed to be financially self- sufficient, it is not expected to draw any resources from any undergraduate programs. The degree does stand to strengthen several programs substantially. We expect that the

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MBA will substantially improve our undergraduate recruitment efforts in programs such as Business Administration, Accounting, and Economics, as well as for the University generally. As the program progresses, we will also be able to hire new faculty into these programs with revenues generated from the MBA (See APPENDIX A). Finally, we believe that the program will increase the number of Shepherd students employed in key positions in local businesses and will, therefore, strengthen alumni giving, cooperation with local businesses, and corporate fundraising efforts.

4.7 Cooperative Arrangements Shepherd has been discussing cooperative arrangements with several other universities however, while cooperative arrangements have not yet been established, they have not been eliminated.

4.8 Alternatives to Program Development Before selecting an MBA program with an Information Technology strand, Shepherd strongly considered, and began to develop, a stand-alone Masters of Information Science degree. In the development process, however, it became apparent that, while the student demand for such a degree would be substantial, the CIS faculty was not large enough to offer this degree independently. At that time, it was decided to reconceive the MIT degree as a strand in the MBA program that was being developed at the same time. A great deal of thought went into the various strands of the current MBA degree. We were committed to practical, hands-on, career-oriented strands that would allow people to qualify for jobs immediately after graduation. The four strands of this degree—Applied Business, Accounting, Management, and Information Technology—all fit this description. Careful deliberation is continuing within the Department of Economics for an Economic strand. Strong consideration was given to an additional strand in Public Policy, but we decided not to include that initially, as it is has a more theoretical emphasis than the other four strands. Quite a bit of consideration went into making our degree a collaborative degree with another institution. During the planning process, Shepherd was contacted by representatives from Lehigh University in Bethlehem, Pennsylvania, who were interested in a collaborative degree in this area. This partnership, however, proved unworkable because of the tremendous difference between Shepherd’s in-state graduate tuition ($195 per credit hour) and Lehigh’s private school tuition (615 per credit hour).

Section Five: Program Implementation and Projected Resource Requirements

5.1 Program Administration The MBA program will be housed in the Department of Business Administration in the School of Business and Social Sciences, but will involve faculty from Business Administration, Economics, Accounting, and Computer and Information Sciences. Ultimate oversight will be provided by the Director of Graduate Studies and the Shepherd University Graduate Committee.

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5.2 Program Projections

Year 1 Year 2 Year 3 Year 4 Year 5 (2005) (2006) (2007) (2008) (2009)

Number of Majors: 20 24 28 32 36

FTE majors (3 Semester) 23 27 32 36 41

Number of student 270 324 378 432 486 credit hours generated by majors in the program (entire academic year): Number of degrees to be granted (annual total):

(*) 50% of students will take six credits per semester. 50% of students will take three credits per semester.

5.3 Faculty Instructional Requirements Faculty teaching in the MBA program will be expected to have doctoral degrees in their area or terminal degrees combined with professional licensure. Faculty will be drawn from the departments of Business, Accounting, Economics, and Computer and Information Sciences—as well as from qualified part-time instructors with strong business credentials. Faculty nominated to teach graduate courses must be approved by the Graduate Committee.

5.4 Library Resources and Instructional Materials The Shepherd University library currently library subscribes to EBSCOhost and WilsonSelect Plus for periodical indexing and full-text articles. EBSCOhost provides access to Academic Search Elite, Business Source Plus, ERIC, Newspaper Index, and Medline. Art Index, CINAHL, Literature Resource Center, and PsycInfo are available for subject-specific research. Additional databases are available through OCLC FirstSearch and Cambridge Scientific Abstracts (the latter as of January, 2002). There is no charge to the campus community for on-line searching. There are hundreds of CD- ROMs available through the federal depository library program. The depository library program also provides access to such databases as STAT-USA. There are 13 Internet- accessible computers for public use located within the library.

Professional librarians are available for reference service for a total of 77 hours a week. Bibliographic instruction classes, tours, orientations and workshops are important services in addition to teaching students one-on-one. An InFocus projection system is employed to enhance instruction. Librarians also teach a two-hour course entitled “Information Research Methods.” The library is open 87.5 hours a week.

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Library staff includes four librarians and the director (faculty), part-time reference librarians, nine full-time paraprofessionals, one part-time paraprofessional, and student work-study employees.

Some additional resources will be required for graduate study in business administration. To meet this need, the operating budget includes $4,000 in the first year of the program, with slight incremental increases thereafter. Additionally, Shepherd University has added a $28,000 budget line to the library’s budget to purchase resources for graduate programs.

5.5 Support Service Requirements Currently, all faculty members involved in the MBA program have a computer in their offices with Internet access and software that is needed for classroom instruction, testing and scholarly pursuits. Every faculty member has a private phone with voice mail capability. There is extensive secretarial support to aid with scanning tests, making copies and producing transparencies. Every classroom that will be used in the program features Internet access, and equipment can easily be delivered to each classroom for an instructional period. Many faculty members, for example, use PowerPoint presentations or other ancillary materials that come with the textbook.

There are at least 75 computers among three separate labs located in White Hall, the academic building where Accounting, Business Administration and Economics courses are delivered. These labs are used for classroom instruction as well as for student use. Students are all issued e-mail accounts at the time they start their Shepherd University academic life.

These instructional resources are adequate to the needs of the proposed Master of Business Administration and will not require substantial enhancement before the program can begin.

5.6 Facilities Requirements As this program will be administered as evening and summer courses, current facilities will be utilized without negative impact on current programs.

5.7 Operating Resource Requirements See Appendix A: FIVE YEAR PROJECTION BUDGET

5.8 Source of Operating Resources The Master of Business Administration, like all graduate programs at Shepherd University, has been designed to be financially self-sufficient. To ensure this self- sufficiency, Shepherd uses a pro-rated formula for paying graduate faculty for teaching overloads and summer courses. No course, therefore, is allowed to operate at a loss. New faculty lines for graduate courses will only be approved once enrollment targets are met, and the University is prepared to terminate graduate programs that do not meet this standard of self-sufficiency.

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We have used very conservative enrollment projections in the planning process for the MBA. We expect that initial interest to be high, due to pent-up demand in the region, but we have based our projections, and the accompanying budget, on numbers lower than we anticipate in order to ensure a workable, long-term, self-sufficient program.

Section Six Operating Existing Programs at New Location Not Applicable to this proposal

Section Seven Program Evaluation

7.1 Evaluation Procedures

The program will be evaluated with the Program Outcomes serving as the driving force for determining program success or failure. Graduates of the program will be surveyed on professional promotions or advancement as well as enrollment in a Ph.D. or DBA program. Sources for the surveys may include a variety of tools including job satisfaction surveys and exit interviews as students leave the University. Faculty compensation and support for faculty professional development and growth will be measured annually to determine if the MBA program is competitive with similar offerings. A 360-degree evaluation tool will be used to determine if the University leadership supports the students and faculty in the MBA program. However, at the heart of the evaluation process will be the University Outcomes Assessment Plan which is in the development stages and outlined below:

SHEPHERD UNIVERSITY DEPARTMENT OF BUSINESS ADMINISTRATION OUTCOMES ASSESSMENT PLAN

Introduction to the Plan

Department of Business Administration Mission Statement:

We are teachers: our mission is to guide students into the next level of their personal journeys, preparing them to perform in the world of business organizations and/or the world of graduate education.

Our mission requires that we equip our students with theoretical grounding, business language fluency, and awareness of the self-presentation skills that serve successful people.

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Our mission succeeds because we are a collegial faculty intent on mutual support and professional development.

Mission Statement Accepted November 13, 2003

1. Statement of Need for Outcomes Assessment

The Department of Business Administration at Shepherd University developed the above mission statement in the fall of 2003 that gives the department the foundation for developing an outcomes assessment plan. The University, as an institution, engages in departmental assessment because assessment data facilitates improvement of academic offerings and program planning. Assessment discussions foster re-examination of values at both the departmental and institutional level; assessment also promotes interdisciplinary conversations about student learning throughout campus. Because every department and program contributes to student learning, assessment also bridges academic and student affairs. Governing boards, as well as accrediting and governmental agencies, require assessment activities in order to make institutions accountable to funding agencies and the public- at-large.

2. Definition of Outcomes Assessment

The University does not have a specific definition of Outcomes Assessment; however, the Department of Business Administration has defined outcomes assessment as the process of examining where the department is, where it intends to go and how it will manage to get there.

3. Purpose of Outcomes Assessment

Faculties engage in departmental assessment because assessment data facilitates improvement of academic offerings and program planning. Assessment discussions foster re-examination of values at both the departmental and institutional level; assessment also promotes interdisciplinary conversations about student learning throughout campus. Because every department and program contributes to student learning, assessment also bridges academic and student affairs. Governing boards, as well as accrediting and governmental agencies, require assessment activities in order to make institutions accountable to funding agencies and the public- at-large.

4. Administration of Outcomes Assessment

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The assessment coordinator for the MBA program will administer the Outcomes Assessment.

5. Chronology of Outcomes Assessment

The Outcomes Assessment process is conducted annually at the end of the spring semester. It is submitted in the Fall to the Office of Teaching, Learning and Instructional Services.

6. Linkage to Shepherd University’s Planning Process

To comply with accrediting agencies, the Plan for Outcomes Assessment for the MBA program will be consistent with the University plan and specific goals contained within the plan.

Plan for Implementing Outcomes Assessment

1. External Assessment Activity

May include presentations to community groups, reports to clients of research projects or summations of internship relationships. External assessment will include two direct and two indirect measures.

2. Internal Assessment Activity

Will include evaluation of student classroom and outside research work based on the level of rigor as supported by Bloom’s Taxonomy. Internal Assessment will include two direct and two indirect measures.

3. Identification of Changes and Improvements

Will be determined following the assessment.

4. Review of Executed Plans

Review of the Outcomes Assessment Plan will be conducted by the Business Administration faculty on an annual basis. Please see Item # 6.

6. Annual Reporting:

The Office of Teaching, Learning and Instructional Resources requires an annual report of all assessment activities at the University.

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7.2 Accreditation Status During the planning process for this degree, The VPAA and the Interim Dean of Graduate Studies have been in close contact with the Higher Learning Commission of the North Central Association of Colleges and Schools. Many of their suggestions have already been incorporated into the Shepherd graduate proposals. Upon approval of the MAT and other graduate programs, Shepherd will send to the Higher Learning Commission a request to change the mission, structure, and educational offerings of the Institution. It is our plan to request a focus visit in late-February or early-March, which would allow for final notification in May and fully accredited graduate programs beginning course offerings in the Fall 2005 semester.

Shepherd University’s Department of Business Administration is accredited by the International Assembly of Collegiate Business Education (IACBE). All business and business-related programs are accredited until 2013. IACBE has accredited Shepherd's Bachelor of Science degree in business administration with concentrations in general business, entrepreneurship and small business management, finance, human resource management, management, and marketing.

Shepherd University has already notified the IACBE of its intent to plan an MBA program. Upon approval of the program by the HEPC, we will submit the proposal documents to begin the accreditation process.

131 SECTION 10. FORM 1 Page 1 of 1 Masters in Business Administration FIVE-YEAR PROJECTION OF PROGRAM SIZE

First Second Third Fourth Fifth Year Year Year Year Year (20___)05 (20___)06 (20___)07 (20___)08 (20___)09

Number of Students Served through Course Offerings of the Program:

Headcount* 20/6 _____0 2 _____4/72 2 _____8/84 3 _____2/96 3 _____6/108

FTE* 7.5/22 _____.5 _____9/27 10.5/31.5 _____12/36 _____13.5/40 _____.5

Number of student credit hours generated by courses within the program (entire academic year): _____270 _____324 _____378 _____432 _____486

Number of Majors:

Headcount* _____20/60 2 _____4/72 2 _____8/84 3 _____2/96 3 _____6/108

FTE majors* 7 _____.5/22.5 _____9/27 10.5/31.5 _____1 _____2/36 13.5/40 _____.5

Number of student credit hours generated by majors in the program (entire academic year): _____270 _____324 _____378 _____432 _____486

Number of degrees to be granted (annual total): _____0 _____5 _____8 _____12 _____15

*1st number represents per semester count 2nd number represents full fiscal year count

11 132 SECTION 11. FORM 2 Page 1 of 2

Masters in Business Administration FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS*

First Second Third Fourth Fifth Year Year Year Year Year FY(20___)05 FY(20___)06 FY(20___)07 FY(20___)08 FY(20___)09

A. FTE POSITIONS

1. Administrators _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

2. Full-time Faculty _____0.0 _____0.5 _____0.5 _____1.0 _____1.0

3. Adjunct Faculty _____1.5 _____1.0 _____1.0 _____0.5 _____0.5

4. Graduate Assistants _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

5. Other Personnel:

a. Clerical Workers _____0.0 _____0.1 _____0.1 _____0.1 _____0.2

b. Professionals _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

Note: Include percentage of time of current personnel

B. OPERATING COSTS (Appropriated Funds Only)

1. Personal Services:

a. Administrators0 ______0 _____0 _____0 _____0

b. Full-time Faculty _____0 30,500 _____31,415 _____6 _____2,857 64,743 _____

c. Adjunct Faculty14,100 ______9,400 9,870 ______5,182 ______5,442

d. Graduate Assistants _____0 _____0 _____0 _____0 _____0 e. Non-Academic Personnel:

Clerical Workers _____0 1,000 _____1 _____,050 1 _____,103 2,758 _____

Professionals _____0 _____0 _____0 _____0 _____0

Total Salaries1 _____4,100 4 _____0,900 4 _____2,335 6 _____9,142 7 _____2,943

12 133 FORM 2 Page 2 of 2 Masters in Business Administration FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS*

First Second Third Fourth Fifth Year Year Year Year Year (20___)05 (20___)06 (20___)07 (20___)08 (20___)09

2. Current Expenses47,050 _____33,180 _____44,761 _____30,907 _____40,046 _____

3. Repairs and Alterations0 _____0 ______0 0 _____0 _____

4. Equipment:

Educational Equip.1,000 _____1,050 _____1,104 _____1,160 _____1,218 _____

Library Books4,000 ______4,250 _____4,410 _____4,631 4,863 _____

5. Nonrecurring Expense (specify) _____0 0 ______0 _____0 _____0

Total Costs6 _____6,150 7 _____9,380 9 _____2,610 105,84 _____0 119,07 _____0

C. SOURCES

1. General Fund Appropriations (Appropriated Funds Only)0 _____0 ______0 _____0 0 _____

____Reallocation ____New funds (Check one)

2. Federal Government (Non-appropriated Funds Only)_____0 _____0 _____0 0 _____0 _____

3. Private and Other (specify)66,150 _____79,380 _____92,610 _____1 _____05,840 _____119,070

Total All Sources6 _____6,150 79,380 _____92,610 _____1 _____05,840 _____119,070

NOTE: Total costs should be equal to total sources of funding

*Explain your Method for Predicting the Numbers (Use additional sheet if necessary)

Private and Other funding source is tuition. Each student averages 4.5 credit hours per semester / 13.5 hours per academic year 50% in-state students @$195 50% out-of-state students @$295

13 134 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of Master of Music Degree

INSTITUTIONS: Shepherd University

COMMITTEE: Academic Policy Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the Master of Music (MM) in Music Education at Shepherd University effective Fall 2005 (CIP #42.13.1312).

STAFF MEMBER: Bruce Flack

BACKGROUND:

Shepherd University proposes the implementation of a new degree program, Master of Music (MM) in Music Education. The program is designed for practicing music teachers in the region and will allow them to earn a master’s degree in their field. Applicants must have completed a bachelor’s degree in music and be certified to teach music in public school in at least one state. Thirty hours of coursework and other academic credits are required for the degree. All students will take a nine-hour core that includes courses in music history, theory and research. Students will also be required to take nine hours in education. Finally, students will choose an emphasis in elementary, choral, band or orchestra and will complete the degree with nine credit hours in their area of specialization. The curriculum has been designed in consultation with the National Association of Schools of Music (NASM). All of the full-time music faculty in the program hold doctorates in an appropriate filed of music.

The program has been designed to meet the established professional and educational needs of music educators in the eastern panhandle of West Virginia. There are over 400 music education positions in the immediate service region. Most require a Masters or equivalent as a requisite to continued employment.

While committed to graduate offerings, Shepherd University has taken the position that graduate programs will use their own revenues to add faculty lines and clerical support and will not be allowed to draw resources away from undergraduate programs. Through the strategic use of faculty overloads and the offering of split-level courses, the Music Department’s intent will be to offer six to nine graduate credit hours per semester with little impact on the department’s undergraduate program during the first years of the operation of the proposed degree. In the second year, the budget calls for the addition of a new faculty line to the department. This addition will provide for needed

135 graduate level instruction and help assure that the undergraduate program is not adversely affected. New faculty lines for graduate courses will only be approved once enrollment targets are met. Further, the University indicates it is prepared to terminate graduate programs that do not meet this standard of self-sufficiency.

Resources from the program will support the purchase of books and journals that will be necessary for coursework and professional research. In addition, the administration has approved a $28,000 budget line to purchase graduate materials for the library. Since courses for the program will be offered in the evening hours and in summer sessions, current facilities will be utilized without negative impact on current programs.

Income generated through enrollment is based on moderately conservative projections for the initial years and slightly more ambitious projections for the later years. It is expected that headcount will total 22 students in the first year and 42 students by the fifth year, with in-state and out-of-state enrollment being split 50-50. Operating funds in the first year are projected to be $64,680 and $126,480 in the fifth year.

Upon approval of this program and other graduate programs, Shepherd will send to the Higher Learning Commission of North Central Association a request to change the mission, structure and educational offerings of the institution. It is Shepherd’s plan to request from the Higher Learning Commission a focused visit in late February or early March which would allow for final notification in May and fully accredited graduate programs beginning course offerings in the Fall 2005 semester.

The Shepherd University proposal for establishing the Master of Music degree has been reviewed by the Higher Education Policy Commission staff and an external consultant. The proposal has been modified to address the issues raised by the reviews. The proposal, as revised by Shepherd University, is on the following pages. The appendices, which include faculty vitae, course syllabi, and appropriate institutional policies, are not included, but are available on request.

136 Shepherd University July 1, 2004 Revised and Resubmitted: November 15, 2004 Request for Approval to Implement Graduate Program

Master of Music Music Education

Shepherdstown, West Virginia

To begin Academic Year 2005-2006

The Masters Program in Music Education at Shepherd University is a degree program designed for practicing music teachers in our region. By allowing local educators to earn a master’s degree in their field while still teaching, the program will have a direct, positive impact on the quality of education in area schools and will provide much-needed educational opportunities for educators throughout our region. The program is designed to be filled with pertinent, specific pedagogies as well as practices that will directly affect the classroom and rehearsal performance of its students. All students in the program will take a nine-hour core that includes courses in history, theory and research. Students will also be required to take nine hours in education, including two education courses and 3 hours of practicum (including portfolio review). Finally, students will choose an emphasis in elementary, choral, band, or orchestra and will complete the degree with nine credit hours in their area of specialization. A recital/project or a written thesis will be required as the culminating project for the degree. Projects can include conducting or accompanying performances. The graduate advisor closely monitors the thesis.

137 3.9 Program Description Master of Music in Music Education

General Overview The Master of Music in Music Education program at Shepherd University offers a high level of specialization in a program designed with the needs of currently employed music educators in mind. The program can be completed in two years. All students in the program will take a nine-hour core that includes courses in history, theory and research. Students will also be required to take nine hours in education, including two education courses and 3 hours of practicum (including portfolio review). Finally, students will choose an emphasis in elementary, choral, band, or orchestra and will complete the degree with nine credit hours in their area of specialization. A recital/project or a written thesis will be required as the culminating project for the degree. Projects can include conducting or accompanying performances. The graduate advisor closely monitors the thesis.

Final Oral Examination A one-hour oral examination will be required of all master’s degree candidates in the final semester of their program. This examination will be scheduled one semester in advance. The student will be asked one question by each of the four faculty members on their committee. Each question will require a synthesis of one of the courses taken by the student. Students will be given ten minutes to answer the question, followed by five minutes of follow-up questioning and discussion with faculty.

Portfolio Each student in the program will be expected to maintain a portfolio that includes written reflections of particularly meaningful experiences or insights during the program and related coursework and assignments. It should also include video and/or audio recordings of projects undertaken during study and reflections on issues discussed and addressed during each of the three practicum semesters.

3.9.1 Program Objectives The Masters Program in Music Education at Shepherd University will be based on practices and pedagogies designed to increase the quality of musical instruction throughout the region. By allowing local educators to earn a master’s degree in their field while still teaching, the program will have a direct, positive impact on the quality of education in area schools and will provide much-needed educational opportunities for educators throughout our region.

The program is designed to be filled with pertinent, specific pedagogies as well as practices that will directly affect the classroom and rehearsal performance of its students. It will improve the quality of their teaching and their ensembles.

3.9.2 Program Identification The proposed program falls under the category “Music Teacher Education,” ID number 13.1312, in the Classification of Instructional Programs (CIP) standards developed by the US Department of Education

138 3.9.3 Program Features

3.9.3.1 Admissions and Performance Standards Entrants must have completed a bachelor’s degree in music and be certified to teach music in public school in at least one state. Interested students without certification will be directed to the undergraduate certification program before pursuing the master’s degree. Applicants will submit a videotape of their teaching or conducting and an entrance interview and a theory and history diagnostic exam will also be required. As a result of these exams, some students may require remedial preparation before admission (this will be called “provisional acceptance”). This preparation can come either through the applicant’s individual effort or through coursework taken prior to admission

3.9.3.2 Program Requirements

Core……………………………………………………….….9 MUSC 500 Music Theory/Ear Training 3 MUSC 501 Seminar in Musicology 3 MUSC 502 Research/Bibliography 3

Education……………………………………………………9 MUSC 503 Curriculum and Supervision 3 MUSC 504 Music Technology 3 MUSC 505 Practicum 3x1 3

Concentration……………..…………………………………9 Elementary Choral Wind/Percussion Strings MUSC 510 3 MUSC 513 3 MUSC 516 3 MUSC 519 3 Kodaly I Lit/Diction Wind Lit Orchestral Lit MUSC 514/517 3 MUSC 514 3 MUSC 518 3 MUSC 518 3 Conducting Choral Instrumental Instrumental or Conducting Conducting Conducting MUSC 511 Kodaly II MUSC 512 3 MUSC 515 3 MUSC 517 3 MUSC 517 3 Kybd/Gtr Ped Vocal Ped Score Analysis Score Analysis

Thesis/Recital……………………………………..……….3 MUSC 601 Thesis OR 3 MUAP 603 Recital 1 AND MUAP 601 Conducting Applied (2x1) 2 OR MUAP 602 Accompanying Applied (2x1)

TOTAL DEGREE REQUIREMENTS…………………30

3.9.4 Program Outcomes

139 Graduates of this program will see marked improvement in their school music programs. Through improved literature choice, more effective teaching and conducting skills and a broader scope of materials, teaching, learning and ensemble performance will be markedly improved.

Graduates of the choral track of this program will be better rehearsal accompanists through private applied study in the art of accompaniment taught be expert accompanists.

Graduates of the instrumental track will be proficient in Score mechanics and will be fluent in reading all score types through improved score study, score marking and clef transposition.

3.9.5 Program Delivery All coursework will be delivered at the Shepherdstown Campus with the exception of the practicum, which students will complete at their home schools..

Section Four: Program Need and Justification

4.1 Relationship to Institutional Goals/Objectives The Masters Program in Music Education at Shepherd University will be based on practices and pedagogies designed to increase the quality of musical instruction throughout the region. By allowing local educators to earn a master’s degree in their field, while still teaching, the program will have a direct, positive impact on the quality of education in area schools and will provide much-needed educational opportunities for educators throughout our region.

The Shepherd University Mission Statement specifically states that “the University is committed . . . to developing and implementing a selected number of graduate programs” in order to meet its goal of offering “a wide variety of distinguished degree programs and other learning opportunities to both traditional and non-traditional students.” This program stems directly from our mission statement, as it is one of five graduate degrees that have been carefully tailored to meet the established professional and educational needs of the Eastern Panhandle of West Virginia.

4.2 Existing Programs Both Marshall University (357 miles from Shepherdstown) and West Virginia University (120 miles from Shepherdstown) offer this degree; however, it is offered by no other institution in the state. The nearest in-state institution to offer this degree is WVU, 152 miles away, the nearest institution in Maryland is the University of Maryland, 75 miles away, the nearest institution in Virginia is George Mason University, 62 miles away, and the nearest institution in Pennsylvania is Westchester university 167 miles away.

4.3 Program Planning and Development The program has been designed according to the stated needs of local school districts, , comparative analyses of the finer graduate Music Education programs in the country, and in strict consultation with The National Association of Schools of Music (NASM). The curriculum is still being reviewed and developed by faculty committee in consultation with NASM and a consultative visit by an NASM representative will take place in the

140 Fall of 2004.

4.4 Clientele and Need There are over 400 music education positions in our immediate service region. The vast majority of these are required to continue their education, and most require a Masters or equivalent as a requisite to continued employment.

4.5 Employment Opportunities This program is designed to address the needs of currently-employed educators. Only those currently employed as music educators will be considered for the program. While we believe that this degree will make them more marketable, placement will not need to be addressed.

4.6 Program Impact Though Shepherd University is committed to graduate offerings, it recognizes that the undergraduate education will remain its primary mission. Graduate programs will use their own revenues to add faculty lines and clerical support and will not be allowed to draw resources away from undergraduate programs. One of the conditions under which Board of Governors has allowed graduate programs to proceed at Shepherd is that each graduate program must be financially self-sustaining over the long term. The budgets for all graduate programs have been carefully crafted to achieve this self sufficiency. Through careful planning and the strategic use of faculty overloads and split-level courses, the Music Department will be able to offer 6-9 graduate credit hours per semester with little impact on the department’s undergraduate program during the first year of the proposed degree. In the beginning of the second year, the budget calls for the addition of a new faculty line to the department which will offset the hours dedicated to the graduate program and result in a small net gain for undergraduate courses as well.

4.7 Cooperative Arrangements None

4.8 Alternatives to Program Development When designing this program, the music department carefully considered many options. Informal polling was done with area music teachers to gain their perspective on what types of courses would most improve their teaching ability; the curriculum of the most respected music schools in the country was consulted; faculty reviewed the curriculum of their alma maters; the National Association of Schools of Music was consulted; The department chair held talks with directors of other music education graduate programs; The director of graduate studies was consulted and a host of other fact-finding efforts were made.

Our ultimate goal was to create a program that delved into theory but with the emphasis on practice. We considered having a more theory-based curriculum but decided instead to favor a more hands-on approach. The result is a program designed to show immediate results in the classroom of the degree-seeking student. Consideration was given to a more open enrollment instead of only accepting current teachers. We opted against this so that all students in the program could use their own classroom as the laboratory for the methods delivered in the program. We considered fewer tracks within the degree but felt

141 that four tracks were the fewest that could be offered and still address the needs of all music teachers in our region. We also considered making this a part of currently existing programs at Shepherd such as the C&I or Masters of Arts in Teaching. None of these turned out to be viable options for many reasons. To meet NASM standards, this program must be content-specific. The educational pedagogy delivered in the program must be specifically addressed to music. Students admitted to the program will already have undergraduate music education degrees and will be steeped in general education pedagogy. At the masters level, this pedagogy must become more content specific. General education and music education pedagogies are at times only vaguely similar. Classroom pedagogies are often at odds with rehearsal-hall, performance ensemble pedagogies. Further, this degree as a part of the C&I curriculum would have an unacceptable number of hours and the degree plan ratios would not be accepted by NASM.

In the end, with strong models from fine schools such as the Northwestern University School of Music, the University of Arizona School of Music and the Peabody Conservatory (and in consultation with their director of music education), a program was devised that a) adheres NASM standards, b) addresses the needs of the teachers of our region, c)is content and music-pedagogy specific and d)follows the time honored methods of the finest music schools in the country.

Section Five: Program Implementation and Projected Resource Requirements

5.1 Program Administration The program will be administered by the Chair of the Department of Music and the Music Operations Manager. Additional clerical assistance will be added within the first five years of the program. The Director of Graduate Studies and the University will provide administrative oversight and clerical support.

5.2 Program Projections See Appendix A

5.3 Faculty Instructional Requirements All of the major instructors of this program hold doctorates in Music. Many have been public school educators themselves and bring a wide range of experiences to bear. CV’s for current faculty expected to teach in this program are found in appendix C. Additional fulltime faculty added to the program will also hold Doctorates and bring a wide variety of experiences. Taken together, the faculty will have nearly 100 years of teaching experience. All faculty will be teaching within their area of expertise and the finest musician/teachers available in our region (including the Baltimore/Washington Metropolitan area) may provide supplemental instruction as well. For example, our undergraduate program employs many expert musicians that perform in the professional ensembles of the Baltimore Washington area.

5.4 Library Resources and Instructional Materials The university clearly understands that, in order to support this new program at the graduate level, it will be important to commit resources to purchasing the books and 142 journals that will be necessary for coursework and professional research. To this end, the program’s budget includes $4000 during this first year and incremental increases every year thereafter. Furthermore, the university administration recently approved a $28,000 budget line specifically to purchase graduate materials for the library. The following materials relevant to the Master of Music, Music Education program have been, or will soon be, purchased:

Journal of Music Theory Pedagogy. All past volumes and a current subscription. Aldwell, Edward, and Carl Schachter. Harmony and Voice Leading, 2nd edition. (Fort Worth, TX: Harcourt Brace Jovanovich, 1989).

Arlin, Mary I., et al. Music Sources: A Collection of Excerpts and Complete Movements (Englewood Cliffs, NJ: Prentice-Hall, Inc., 1979).

Benjamin, Thomas, Michael Horvit, and Robert Nelson. Music for Analysis, 5th edition (Belmont, CA: Wadsworth Publishing Company, 2001). Benjamin, Thomas, Michael Horvit, and Robert Nelson. Techniques & Materials of Music from the Common Practice Period through the Twentieth Century, 6th edition (Belmont, CA: Thomson/Schirmer, 2003).

Benward, Bruce, Barbara Garvey Jackson, and Bruce R. Jackson. Practical Beginning Theory (Boston, MA: McGraw Hill, 1999). Benward, Bruce, and Marilyn Saker. Music in Theory and Practice, 7th edition (Boston, MA: McGraw Hill, 2003). Clough, John, Joyce Conley, and Claire Boge. Scales, Intervals, Keys, Triads, Rhythm, and Meter: A Programmed Course in Elementary Music Theory, with an Introduction to Partwriting, 3rd edition (New York: W.W. Norton & Company, 1999). Damschroder, David and David Williams. Music Theory from Zarlino to Schenker: A Bibliography and Guide (Stuyvesant, NY: Pendragon Press, 1990). Duckworth, William. A Creative Approach to Music Fundamentals with CD-ROM, 8th edition (Belmont, CA: Thomson/Schirmer, 2004). Gauldin, Robert. Harmonic Practice in Tonal Music (New York: W.W. Norton & Company, Inc., 1997). Gretz, Ronald J. Music Language & Fundamentals, 2nd edition (Boston, MA: McGraw Hill, 1994). Hindemith, Paul. Elementary Training for Musicians, 2nd edition (Mainz, Germany: Schott: 1948). Jones, George Thaddeus. Music Theory (New York: HarperCollins Publishers, 1974). Kolosick, J. Timothy, Allen Simon, and Brian Bynes. Explorations: A New Approcah to Music Fundamentals Using the Macintosh (Mountain View, CA: Mayfield Publishing Company, 1991). Mayfield, Connie. Theory Essentials: An Integrated Approach to Harmony, Ear Training, and Keyboard Skills (Belmont, CA: Thomson/Schirmer, 2003).

143 Kostka, Stefan, and Dorothy Payne, Tonal Harmony, 5th edition (Boston, MA: McGraw Hill, 1994). Murphy, Howard, Robert Melcher, and Willard Warch. Music For Study (Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1973). Ottman, Robert. Elementary Harmony, Theory and Practice, and Advanced Harmony, Theory and Practice, 2nd edition (Englewood Cliffs, NJ: Prentice-Hall, Inc., 1984). Palisca, Claude V., ed. Norton Anthology of Western Music, 3rd edition (New York: W.W. Norton & Company, Inc., 1996).

Seigmeister, Elie. Harmony and Melody (Belmont, CA: Wadsworth Publishing Company, Inc., 1965). Simms, Bryan. Music of the Twentieth Century: An Anthology (New York: Schirmer Books, 1986). Steinke, Greg A. and Paul Harder. Harmonic Materials in Tonal Music, 8th edition (Needham Heights, MA: Allyn and Bacon, 1998). Turek, Ralph. Analytical Anthology of Music, 2nd edition (New York: McGraw-Hill, Inc., 1992). White, Gary. Music First!, 3rd edition (Dubuque, IA: Brown & Benchmark Publishers, 1996). Williams, J. Kent. Theories and Analyses of Twentieth-Century Music (Fort Worth, TX: Harcourt Brace & Company, 1997). Doerksen, David P., Guide to Evaluating Teachers of Music Performance Groups.

Music Educators National Conference, School Music Program: Descriptions and Standards.

Huber, David Miles. The MIDI Manual. SAMS, Carmel, Indiana. 1991.

Gibaldi, Joseph. MLA Style Manual and Guide to Scholarly Publishing (2nd ed.). Modern Language Association, 1998.

TEACHING MUSIC THROUGH PERFORMANCE IN BAND VOL. 1, GIA Publications Larry Blocher - Ray Cramer - Eugene Corporon - Tim Lautzenheiser - Edward Lisk - Richard Miles - Jack Stamp • Text(G4484) $36.50 • 3-CDset(CD418) $39.50

TEACHING MUSIC THROUGH PERFORMANCE IN BAND VOL. 2 GIA Publications Larry Blocher - Ray Cramer - Eugene Corporon - Tim Lautzenheiser - Edward Lisk -Richard Miles - Jack Stamp • Text(G4889) $39.50 • 3-CD set (CD446) $39.50

TEACHING MUSIC THROUGH PERFORMANCE IN BAND VOL. 3 Larry Blocher - Ray Cramer - Eugene Corporon - Tim Lautzenheiser - Edward Lisk

144 Richard Miles - Jack Stamp • Text(G5333) $49.50 • 3-CD set (CD473) $39.50

TEACHING MUSIC THROUGH PERFORMANCE IN BAND VOL. 4 Larry Blocher - Ray Cramer - Eugene Corporon - Tim Lautzenheiser - Edward Lisk - Richard Miles - Jack Stamp • Text(G5333) $49.50 • 3-CD set (CD473) $39.50

Teaching Music through Performing Marches Carl Chevallard Compiled and edited by Richard Miles

Teaching Music through Performance in Beginning Band by Thomas Dvorak, Larry Blocher, Scott Emmons, Bruce Pearson, Darhyl S. Ramsey, and Marguerite Wilder

Teaching Music through Performance in Orchestra by Michael Allen Louis Bergonzi, Jacquelyn Dillon, Robert Gillespie, James Kjelland Dorothy Straub Laura Reed David Littrell

Teaching Music through Performance in Orchestra - Resource Recordings, Vol. 1, Grades 1 - 3 - Four-CD set

5.5 Support Service Requirements See Appendix A

5.6 Facilities Requirements As this program will be administered as evening and summer courses, current facilities will be utilized without negative impact on current programs.

5.7 Operating Resource Requirements See Appendix A

5.8 Source of Operating Resources The Master of Music, Music Education, like all graduate programs at Shepherd University, has been designed to be financially self-sufficient. To ensure this self- sufficiency, Shepherd uses a pro-rated formula for paying graduate faculty for teaching overloads and summer courses. No course, therefore, is allowed to operate at a loss. New faculty lines for graduate courses will only be approved once enrollment targets are met, and the University is prepared to terminate graduate programs that do not meet this standard of self-sufficiency.

We have used moderately conservative enrollment projections for the initial years of the degree, and slightly more ambitious projections for the later years, when we expect that the reputation of the program, and the recruiting strategies planned by the Department of Music, will attract higher numbers of students into the program. Should the higher

145 numbers of students not materialize in the fourth and fifth year of the program, the additional halftime faculty position projected for the program will not be authorized.

Section Six Operating Existing Programs at New Location Not Applicable to this proposal

Section Seven Program Evaluation

7.1 Evaluation Procedures The program will be evaluated in the following ways:

x Each year the program will be informally evaluated by the faculty in the annual faculty retreat

x Every three years it will be evaluated as part of our THREE YEAR PLANNING GUIDE process

x Each course will be evaluated by students

x The Department will analyze the program as part of its self study every five and ten year cycle

x NASM will evaluate the program on each visit

x All graduates will take a program review survey upon graduation.

7.2 Accreditation Status During the planning process for this degree, The VPAA and the Interim Dean of Graduate Studies have been in close contact with the Higher Learning Commission of the North Central Association of Colleges and Schools. Many of their suggestions have already been incorporated into the Shepherd graduate proposals. Upon approval of the MAT and other graduate programs, Shepherd will send to the Higher Learning Commission a request to change the mission, structure, and educational offerings of the Institution. It is our plan to request a focus visit in late-February or early-March, which would allow for final notification in May and fully accredited graduate programs beginning course offerings in the Fall 2005 semester.

This program will be also be fully accredited by the National Association of Schools of Music (NASM) and will undergo regular review as part of our ongoing accreditation. Standards for NASM accreditation can be found in APPENDIX E.

146 SECTION 10. FORM 1 Page 1 of 1 Masters in Music Education FIVE-YEAR PROJECTION OF PROGRAM SIZE

First Second Third Fourth Fifth Year Year Year Year Year (20___)05 (20___)06 (20___)07 (20___)08 (20___)09

Number of Students Served through Course Offerings of the Program:

Headcount* 2 _____2/66 _____25/78 _____28/84 3 _____7/111 4 _____2/126

FTE* 8 _____.25/22 9.375/2 _____5 10.5/2 _____8 13.875/3 _____7 15.75/4 _____2

Number of student credit hours generated by courses within the program (entire academic year): _____264 _____300 _____336 _____444 _____504

Number of Majors:

Headcount* _____22/66 2 _____5/78 28/84 _____37/111 _____42/126 _____

FTE majors* 8 _____.25/22 9.375/2 _____5 10.5/2 _____8 13.875/3 _____7 15.75/4 _____2

Number of student credit hours generated by majors in the program (entire academic year): _____132 _____150 _____168 _____222 _____252

Number of degrees to be granted (annual total): _____264 _____300 _____336 _____444 _____504

* 1st number represents the per semester count 2nd number represents the full fiscal year count

11 147 SECTION 11. FORM 2 Page 1 of 2 Masters in Music Education FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS*

First Second Third Fourth Fifth Year Year Year Year Year FY(20___)05 FY(20___)06 FY(20___)07 FY(20___)08 FY(20___)09

A. FTE POSITIONS

1. Administrators _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

2. Full-time Faculty _____0.0 _____1.0 _____1.0 _____1.5 _____1.5

3. Adjunct Faculty _____1.5 _____0.5 _____0.5 _____0.0 _____0.0

4. Graduate Assistants _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

5. Other Personnel:

a. Clerical Workers _____0.0 _____0.1 _____0.1 _____0.1 _____0.2

b. Professionals _____0.0 _____0.0 _____0.0 _____0.0 _____0.0

Note: Include percentage of time of current personnel

B. OPERATING COSTS (Appropriated Funds Only)

1. Personal Services:

a. Administrators _____0 _____0 _____0 _____0 _____0

b. Full-time Faculty _____0 48,800 _____50,264 _____76,172 _____78,457 _____

c. Adjunct Faculty14,100 ______5,182 5,442 ______0 ______0

d. Graduate Assistants _____0 _____0 _____0 _____0 _____0 e. Non-Academic Personnel:

Clerical Workers _____0 _____1,000 _____1,050 _____1,103 _____2,758

Professionals _____0 _____0 _____0 _____0 _____0

Total Salaries1 _____4,100 5 _____4,982 5 _____6,756 7 _____7,275 _____81,215

12 148 FORM 2 Page 2 of 2 Masters in Music Education FIVE-YEAR PROJECTION OF TOTAL OPERATING RESOURCES REQUIREMENTS*

First Second Third Fourth Fifth Year Year Year Year Year (20___)05 (20___)06 (20___)07 (20___)08 (20___)09

2. Current Expenses46,580 _____13,268 _____20,104 _____25,770 _____36,242 _____

3. Repairs and Alterations0 _____0 ______0 0 _____0 _____

4. Equipment:

Educational Equip.0 ______1,000 _____1,050 _____1,104 1 _____,160

Library Books4,000 ______4,250 _____4,410 _____4,631 4,863 _____

5. Nonrecurring Expense (specify) _____0 _____0 _____0 _____0 _____0

Total Costs6 _____4,680 7 _____3,500 8 _____2,320 1 _____08,780 1 _____23,480

C. SOURCES

1. General Fund Appropriations (Appropriated Funds Only) _____0 _____0 _____0 _____0 _____0

____Reallocation ____New funds (Check one)

2. Federal Government (Non-appropriated Funds Only)_____0 ______0 _____0 ______0 ______0

3. Private and Other (specify)64,680 _____73,500 _____82,320 _____1 _____08,780 126,480 _____

Total All Sources64,680 _____73,500 _____82,320 _____108,78 _____0 1 _____26,480

NOTE: Total costs should be equal to total sources of funding

*Explain your Method for Predicting the Numbers (Use additional sheet if necessary)

Private and Other funding source is tuition. Each student averages 4credit hours per semester 50% in-state students @$195 50% out-of-state students @$295

13 149 West Virginia Higher Education Policy Commission FINANCE COMMITTEE

DECEMBER 15, 2004 12:30 P.M.

AGENDA

A. Consent Agenda

1. Great West Retirement Funds...... pg 150

2. Approval of Supplemental Funding Allocation for Special Projects...... pg 151

3. Legislative Audit Compliance Report...... pg 152

4. Quarterly Financial Reports for HEPC and WVNET...... pg 155

B. FY 2006 Appropriation Request – Operating Budget ...... pg 160

C. FY 2006 Appropriation Request – Capital Projects ...... pg 161

D. Approval of Project to Rehabilitate Main Classroom Building at WVU Parkersburg...... pg 162

West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Great West Retirement Funds

INSTITUTIONS: All

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the addition of small-cap, mid-cap, profile portfolio, money market, and guaranteed fixed funds to the funds offered by Great West Retirement Services.

STAFF MEMBER: Margaret Buttrick

BACKGROUND:

The West Virginia Higher Education Policy Commission approved a second defined- contribution retirement plan, in addition to TIAA-CREF, through Great West Retirement Services effective January 1, 2003. Great West offers investment options in the same investment classes as TIAA-CREF (e.g., small-cap funds, mid-cap funds, and money market funds).

Great West Retirement Services has requested permission to add investment funds so that its offerings are more in line with TIAA-CREF. The retirement committee’s investment subcommittee, which consists of Commission and Council staff and institutional representatives, reviewed the Great West proposals and recommends that the following funds be added effective December 17, 2004:

Small-Cap Value: Heartland Value Small-Cap Growth: Barron Growth

Mid-Cap Value: American Century Equity Income Mid-Cap Growth: Artisan Mid-Cap

Profile Portfolios: Maxim Moderately Aggressive Portfolio Maxim Moderately Conservative Portfolio

Money Market: Maxim Money Market Fund

Fixed Fund: Guaranteed Fixed Fund

Great West Retirement Services will be responsible for notifying institutions and employees of these additions to their investment funds.

150 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Supplemental Funding Allocation for Special Projects

INSTITUTION: West Virginia University

COMMITTEE: Finance Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the allocation of $21,250 for a special sheep study project at West Virginia University.

STAFF MEMBER: Patricia Hunt

BACKGROUND:

The Legislature appropriated $1,051,808 for Special Projects for FY 2005. At its August 20, 2004 meeting, the Higher Education Policy Commission allocated $966,808 in funds for various projects consistent with the FY 2005 budget digest.

Recently the Legislature, through the House Finance Committee, requested that an additional $21,250 be allocated to West Virginia University for the benefit of its sheep study project.

Grantee Project Amount West Virginia University Sheep Study Project $21,250 These funds will be used to expand a veterinary position from part-time to full-time.

After this allocation is made, $63,750 in special projects funding will remain unallocated.

151 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Legislative Audit Compliance

INSTITUTION: West Virginia Higher Education Policy Commission

RECOMMENDED RESOLUTION: Information Item

COMMITTEE: Finance Committee

STAFF MEMBER: Dennis Taylor

BACKGROUND:

At the West Virginia Higher Education Policy Commission’s June 4, 2004 meeting, a representative of the West Virginia Legislative Auditor’s Office presented an audit report that included a number of findings. The following is a summary of actions taken to address the findings:

1. Lack of Effective System of Internal Controls Commission staff is in the process of developing a more effective system of internal controls as evidenced by the following responses.

2. Understatement of Accounts Receivable and Capitalization of Interest Financial aid staff has taken more aggressive steps to collect outstanding balances from both Underwood-Smith Teacher Scholarship and Engineering, Science and Technology Scholarship recipients who are not honoring their original scholarship agreements. First, financial aid staff has moved amounts owed by defaulting scholarship recipients back onto its accounts receivable list. Second, financial aid staff has initiated more aggressive collection efforts. Specifically, attempts have been made to locate and request information from these individuals by certified mail. This was accomplished by utilizing the last known address provided to the West Virginia Division of Motor Vehicles. Once on-site efforts have been exhausted, delinquent accounts will be turned over to the West Virginia Department of Administration or an approved collection agency for further collection efforts. Finally, the Commission has approved amendments to its legislative rules for the Underwood-Smith Teacher Scholarship Program and the Engineering, Science and Technology Scholarship Program to address due diligence in collection efforts. The legislative rules will be presented to the Legislative Oversight Commission on Education Accountability at the December 2004 interim meetings.

152 A better process is now in place between the finance and financial aid divisions to ensure that all receivables are properly recorded and interest is capitalized.

3. Absence of Institutional Certification of Higher Education Grant Rosters The financial aid staff is sending a roster to each institution that receives financial aid funds and asking a representative of that institution to certify the roster and the awards. In the past, institutions have completed certifications annually. Beginning with the 2004-2005 year, we will seek certifications at the end of each semester.

4. Failure to Produce Contract for Salary Reimbursements Staff have been trained to make no contractual payments in the absence of a written contract.

5. Special Handled Financial Aid Checks to Private Institutions Effective January 2005, Commission staff will cease special handling checks to private institutions.

6. Repayment of Health Sciences Scholarships Adequate segregation of duties has been ensured by having a separate division (finance) process deposits and disbursements. Additionally, greater controls have been put in place within the Health Sciences Scholarship Program to ensure accuracy (through additional training of support staff) and more in-depth review by the supervisor.

7. Underwood-Smith Scholarship Eligibility Requirements No adjustments have been made to the eligibility requirements for the Underwood-Smith Teacher Scholarship Program. Commission staff does not believe that the rule, which permits awards only for upper-level undergraduate students, is inconsistent with statute, which permits, but does not mandate, awards for all college students.

8. Employee Underpayments The five underpaid employees have been paid. To ensure the accuracy of future payroll payments, payroll personnel will verify payments with human resources personnel before processing payroll.

9. Terminal Leave Pay Commission staff has not acted to change the policy of deducting annual leave days for holidays occurring in pay periods for which separated employees are being paid for terminal leave. Commission staff’s approach is consistent with the Commission’s procedural rule on employee leave and the Division of Personnel’s rule, which applies to most state agencies.

10. Meal Reimbursements in Excess of IRS Rates Commission staff does not believe the Commission is paying employees a per

153 diem for in- and out-of-state travel as stated in the finding. Actual reimbursements to a higher education employee may not exceed the maximum amount established by the Commission or Governing Board. In most cases, actual expenses exceed the maximum and therefore the maximum amount is claimed for reimbursement. That does not indicate that it is a per diem rate and subject to IRS regulations. To eliminate any possible misinterpretation, the Commission will establish a maximum meal rate consistent with IRS regulations for per diem rates.

11. Equipment Inventory All inventory records have been updated to accurately reflect the locations of Commission assets. In addition, employees have been instructed not to move equipment or other fixed assets without notifying the fixed assets coordinator.

154 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Quarterly Financial Reports

INSTITUTIONS: West Virginia Higher Education Policy Commission and West Virginia Network for Educational Telecomputing

RECOMMENDED RESOLUTION: Information Item

COMMITTEE: Finance Committee

STAFF MEMBER: Dennis Taylor

BACKGROUND:

The West Virginia Higher Education Policy Commission and the West Virginia Network for Educational Telecomputing (WVNET) have begun to prepare quarterly financial reports.

The Commission’s quarterly financial report focuses on its operating budget. Table 1 summarizes budgeted versus actual revenues and expenditures, while Table 2 provides a variance analysis explaining all line items with expenditures of less than 20% or more than 30% of budget.

WVNET’s quarterly financial report reflects all revenues and expenditures. Table 3 summarizes budgeted versus actual revenues and expenditures, while Table 4 provides a variance analysis explaining all line items with significant budget overages, as well as why personal services exceed 25% of budget.

WVNET’s fiscal year 2003 audited financial statement remains incomplete, primarily because Deloitte and Touche prioritized the completion of fiscal year 2004 audited financial statements over that statement. While improving, WVNET’s financial processing and reporting functions are not yet performing at acceptable levels.

155 Table 1

West Virginia Higher Education Policy Commission Budget Status As of Quarter Ending September 30, 2004

FY 2005 FY 2005 FY 2005 Percent of HEPC Operating Budget Budget Y-T-D Remaining FY 2005 Total 07/01-09/30 Balance Budget Revenue Sources: General Revenue Unclassified 2,000,000 500,000 1,500,000 25% General Revenue Restricted 66,509 16,627 49,882 25% HERF 899,000 224,750 674,250 25% Program Operating Revenues 3,061,273 765,318 2,295,955 25% Interest & Overhead 230,056 230,056 0 100% Prior Year Carryforward Operating HERF 153,526 153,526 0 100% Total Budget Operating Revenues 6,410,364 1,890,278 4,520,087 29%

Expenditures: Personal Services 3,087,599 739,046 2,348,553 24% Payroll Reimbursements 40,790 13,072 27,718 32% Annual Increment 35,613 36,592 (979) 103% Total Payroll Costs 3,164,001 788,709 2,375,292 25% 25% 75%

Admin Fees 2,350 2,350 0 100% Social Security Match 223,723 53,956 169,768 24% Public Employees Match 249,342 63,878 185,464 26% Workers Compensation 16,748 4,274 12,474 26% Unemployment Compensation 5,000 0 5,000 0% Pension & Retirement 189,433 52,869 136,564 28% Total Benefit Costs 686,596 177,326 509,270 26% 26% 74%

Total Staff Costs 3,850,597 966,035 2,884,562 25% 25% 75%

Office Expense 61,600 7,106 54,494 12% Printing & Binding 46,449 2,439 44,010 5% Rental Expense 374,597 89,454 285,143 24% Telecommunications 99,750 18,493 81,257 19% Contractual & Professional 1,115,981 216,923 899,058 19% Travel 221,393 45,094 176,299 20% Computer Services 185,700 18,447 167,253 10% Vehicle Rental 0 (74) 74 0% Rentals (Machine & Misc) 25,800 2,023 23,777 8% Dues & Memberships 47,945 27,862 20,083 58% Insurance 77,659 19,415 58,244 25% Advertising & Promotional 30,893 10,214 20,679 33% Vehicle Operating Expense 1,000 33 967 3% Routine Maintenance Contracts 14,400 2,509 11,891 17% Hospitality 41,850 7,952 33,898 19% Miscellaneous 91,083 1,819 89,264 2% Training & Development 29,023 440 28,583 2% Postal & Freight 53,294 8,941 44,353 17% Computer Supplies 21,000 6,285 14,715 30% Attorney Reimbursable Exp 500 0 500 0% Misc Equip Purchases 4,000 130 3,870 3% Repairs - Office Equipment 13,850 623 13,228 4% Repairs - Vehicles 2,000 0 2,000 0% Total Other Operating Expenses 2,559,767 486,128 2,073,639 19%

Total Operating Expenses 6,410,364 1,452,163 4,958,201 23% 23% 77%

156 Table 2

West Virginia Higher Education Policy Commission First Quarter 2005 Operating Budget Variance Analysis

Budget Line Item Used Explanation Payroll 32% Agency reimbursements to WVHEPC billed in arrears for Reimbursements Health Sciences and CTC staff. Annual Increment 103% Total increment paid in July of each fiscal year; terminated employees have been paid additional pro-rated share of increment at time of termination. Admin Fees 100% PEIA admin fees are an annual charge at the beginning of each fiscal year. Unemployment 0% No claims to date. Compensation Office Expense 12% Supply requisitions are mainly purchase card purchases that are paid monthly in arrears. Printing & Binding 5% Printing and binding expenses are seasonal due to printing of various reports for publication. Telecommunications 19% Senate Bill 700 mandated that all telecommunications invoices except wireless charges and conference calls be paid through IS&C. At this time, we have received no invoices from IS&C for FY 2005. Contractual & 19% Contractual agreements include charges billed one month in Professional arrears for the Attorney General’s Office attorneys that provide services to the Commission. Other anticipated projects are in development stages and expenses have not been incurred. Computer Services 10% Computer services are primarily from WVNET for Banner processing and support. These services are billed one month in arrears. Rentals 8% Primarily for rentals of office equipment billed quarterly in arrears. Dues & 58% Dues are usually paid in full at the beginning of the fiscal year. Memberships Advertising 33% Primarily used for advertising to fill critical vacant positions. Vehicle Operating 3% Due to recent budget reductions, courier services are provided Expense by outside source and Commission vehicle is used on a limited basis. Maintenance 17% Maintenance contracts on office equipment are usually billed Contracts quarterly in arrears. Hospitality 19% Hospitality expenses are incurred for Commission meetings and official functions during the year. Miscellaneous 2% A reserve for unbudgeted and unexpected expenditures. Training & 2% Training expenditures are incurred at different points during Development the year. Postal & Freight 17% Postal expenses are affected by seasonal mailing of publications and informational material. Repairs of Office 4% Budgeted reserve for emergency repairs of office equipment. Equipment Repairs of Vehicle 0% Commission vehicle has not encountered any need for repairs. Total 23% Budgets are in line with anticipated expenditures.

157 Table 3

West Virginia Network for Educational Telecomputing Budget Status as of Quarter Ending September 30, 2004

FY 2005 FY 2005 FY 2005 Percent of Budget Y-T-D Remaining FY 2005 Total 07/01 - 09/30 Balance Budget

Beginning Cash Balance $2,560,637

REVENUES: State Appropriation $1,952,662 $390,532 $1,562,130 20% HERF Funding $228,000 $100,000 $128,000 44% Other Revenues $6,055,170 $1,548,069 $4,507,101 26% $8,235,833 $2,038,601 $6,197,232 25%

EXPENDITURES: Personal Services $2,302,267 $618,029 $1,684,238 27% Fringe Benefits $575,567 $134,350 $441,217 23% Office Expense $202,222 $12,218 $190,004 6% Printing and Binding $7,722 $0 $7,722 0% Rent (Storage space) $1,200 $300 $900 25% Utilities (Electricity) $111,754 $21,752 $90,002 19% Telecommunications $2,156,196 $643,417 $1,512,779 30% Contractual & Professional $310,054 $353,209 ($43,155) 114% Travel $80,000 $7,143 $72,857 9% I S & C $5,000 $872 $4,128 17% Equipment Rental $24,346 $23,032 $1,315 95% Association Dues $14,931 $16,149 ($1,218) 108% Liability and Property Ins. $13,985 $3,496 $10,489 25% Advertising $7,000 $0 $7,000 0% Vehicle Maint. $7,500 $571 $6,929 8% Maintenance Contracts $1,855,364 $91,226 $1,764,138 5% Hospitality Expense $10,815 $9,713 $1,103 90% Miscellaneous Expense $3,500 $1,474 $2,026 42% Training and Development $25,000 $0 $25,000 0% Postage and Freight $13,311 $812 $12,499 6% Computer Expenses < $500 $12,000 $148 $11,852 1% Office Equipment Repairs $4,200 $0 $4,200 0% Res./ Ed. Equip. Repairs $1,000 $0 $1,000 0% Building Repairs $12,000 $0 $12,000 0% Office and Communications Equip. $13,500 $15 $13,485 0% Research and Educ.Equip. $1,000 $0 $1,000 0% Office Furniture $5,000 $546 $4,454 11% Books $2,500 $138 $2,362 6% Debt Service $29,093 $75,370 ($46,277) 259% Computer Hardware $282,580 $7,177 $275,404 3% Computer Software $177,919 $681,417 ($503,498) 383% $8,268,527 $2,702,572 $5,565,954 33%

Cash Balance (EOM) $1,896,666

158 Table 4

West Virginia Network for Educational Telecomputing First Quarter 2005 Variance Analysis

Budget Line Item Used Explanation Personal Services 27% WVNET paid the last of early retirement pay to four (4) individuals in July 2004. July and August are also months that see a high use of overtime pay. Telecommunications 30% This line item appears to be running 5% over budget. Analysis revealed no unexpected charges or one time charges being paid. WVNET will monitor this line item more closely. Contractual and 67% Approximately $320,000 was paid out under this line item for Professional contractual obligations to reimburse modem revenues to institutions for the 3rd and 4th quarter of FY04. This amount was not budgeted in FY05, but was part of the FY04 budget. Equipment Rental 95% $21,335 was coded to the wrong line item. $7,169 should have been coded to Maintenance Contracts and $14,166 should have been coded to Computer Software. Association Dues 108% WVNET would expect to pay 75% of the budgeted total in the first quarter of FY05. This would be the amount owed for Educause dues. $4,968.45 of the amount charged to this line item should have been coded to Hospitality. This amount was for WV Statewide Technology Conference items. WVNET did not know at the time of budget creation or even at the beginning of the fiscal year that it was to operate as the fiscal agent for the conference. WVNET received revenues to cover these expenditures. Hospitality Expense 90% WV Statewide Technology Conference expenses. See comment under Association Dues. Miscellaneous 42% Seventeen percent was used for WVNET miscellaneous expense. Expense The remainder was used for WV Statewide Technology Conference expenses. Debt Service 259% The total amount of debt service paid by WVNET was not included in this budget item. The amount listed, $29,093, is part of the amount covered by appropriated monies. The remainder of the debt obligation is budgeted under Equipment Rental and Computer Hardware. This is why only 3% of the Computer Hardware budget was consumed during the first quarter. Expected lease payments for FY05 total $239,808. Of this amount 31% was paid during the first quarter. Computer Software 383% $243,635 was expensed for a Microsoft Campus Agreement for WVU which was not known about at the time of budget preparation. This is a pass-through item and revenue has been received to cover this expense. $89,550 was for WebCT Campus Edition licenses. WebCT totals were not known until after the beginning of the fiscal year. A higher amount was included in the budget under a different line item. This is a pass-through item and of the total amount $62,850 has been received as repayment. $320,240 is for WebCT VISTA licenses. WebCT totals were not known until after the beginning of the fiscal year and were not included in the budget. This is a pass-through item. WVNET is in the process of billing the appropriate institutions for reimbursement of these monies.

159 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Fiscal Year 2006 Appropriation Request for Operating Budget

INSTITUTIONS: All Four-Year Institutions

COMMITTEE: Finance Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the adjusted improvement package to the Fiscal Year 2006 appropriation request for operating budget items and directs the staff to forward the improvement package and the recommendations on the institutional requests to the Governor’s Office and Legislature for consideration.

STAFF MEMBER: J. Michael Mullen

BACKGROUND:

In August the Commission approved the initial improvement package for submission on September 1, 2004. The items included were:

1. Restoration of the base budget reduction requested by the Governor in the amount of $18 million. 2. Increased support for student financial assistance in the amount of $27 million. 3. Incorporating the WV Council on Community and Technical College Education’s request for $5 million for special projects related to community and technical colleges. 4. Incorporating the Council’s request for $1 million for H.B. 3009 funding. 5. Technical items related to additions to base budgets and transfer of appropriations from the HEPC to institutional base budgets. 6. Placeholder items for SB 653 and institution-specific requests.

In October the Commission discussed further the additional items and provided guidance to the staff. The results of the staff’s analysis and discussions with institutions are summarized below. Specific recommendations are presented without final allocation between state funds and tuition and fees. In the aggregate, the split between state funds and tuition and required E&G fees now approximates 50/50 but there are significant differences among institutions. The staff recommendations reflect split funding for all E&G items and full funding of auxiliary items from auxiliary enterprise

160 revenues. Only the restoration of the base-budget reductions and increases in student financial assistance should be considered as totally the responsibility of state funds.

Institutional Funding Priorities.

Since the last Commission meeting, staff has ranked projects submitted by institutions using the criteria set out in the October 15 Commission agenda and then sorted projects that fall within a single criteria by institutional priority. The criteria used are as follows:

1. Continuation projects 2. One-time funding – instructional or economic development 3. Life safety/ADA facility enhancements 4. On-going base budget funding – instructional or economic development 5. One-time expenditure – operations or administration 6. On-going base budget funding – operations or administration 7. Deferred building maintenance 8. Building renewal and renovations 9. New facility space 10. Not supported

The institutional operating budget requests ($186.5 million) have been structured into categories:

1. Supported but only as part of a system wide package. Examples include staffing increases in response to enrollment growth, enhancements of common administrative applications (BANNER), etc. ($16.9 million) 2. Supported and recommended. ($8.0 million) 3. Supported as auxiliary enterprise projects and funded from auxiliary revenues. ($1.7 million) 4. Capital items that have merit but should be considered in the capital request only. ($149.7 million) 5. Not supported. ($9.8 million) 6. No recommendation. This category was restricted to community and technical college items that had been submitted by the HEPC institution. ($0.3 million)

SUMMARY OF RECOMMENDATIONS

The staff recommends the following in order of priority with the clear understanding that the current tuition and fee ratios will be used to determine the state fund request unless specified otherwise.

1. Restoration of base budget reductions in the amount of $18 million from state funds. 2. Increased support for student financial assistance in the amount of $27 million from state funds, including special lottery.

160a 3. Sustained Quality in the amount of $24.6 million for a five percent salary adjustment for all employees. There is a clear understanding that decisions about statewide policy on salary adjustments may require altering this request. 4. Peer Equity in the amount of $32 million. It is estimated that the cost of attaining the agreed upon goal of 90 percent of peer benchmark average is $175 million. This calculation has not been adjusted to reflect the action of the Council to establish separate peer groups for the administratively-linked community and technical colleges. It represents a five year phasing. The magnitude of the cost of this goal may require rethinking the goal and the implementation process because of the impact on students and parents and state resources. 5. Research Challenge in the amount of $20 million. 6. Special Projects in the amount of $20 million, including the $5 million at the request of the Council. 7. Auxiliary enterprise projects in an amount to be determined by the institutions from auxiliary enterprise revenues. 8. Institution specific budget items in an amount to be determined by January or February. Only items in the first two categories (supported as part of a statewide package and supported) will be considered.

Two tables are included that summarize the institutional specific budget items. Table 1 presents the institution requests and table 2 reflects the staff analysis and recommendations.

160b Table 1 Higher Education Policy Commission Listing of Special Project Requests By Institution December 15, 2004

School's Project Priority Institution Project Description Amount

1 Bluefield State College This project involves the upgrade of an existing one lane gravel road into a two lane $1,600,000 and the development of a parking lot.

2 Bluefield State College Assess the energy related issues at campus buildings in Bluefield, Lewisburg and $150,000 Nicholas County.

1 Concord University A study group at Concord University concluded there was a need for a new $133,400 academic program, Entrepreneurial Studies, in southern West Virginia.

2 Concord University To replace the aged, collapsing storage facility for salt, chemicals, and grit that are $92,000 necessary to keep University campus roads and sidewalks safe during the winter.

3 Concord University To replace the aged, badly leaking flat roof over the Maintenance stock room, $50,000 Central Receiving dock, Custodial office, and Receiving/Inventory office portions of the Maintenance Bldg.

1 Fairmont State University E-learning Clusters: Fairmont State is continuing to expand the use of distributed $751,800 education via web-delivered services and instruction.

2 Fairmont State University To reduce our reliance upon part-time faculty we propose hiring nine full time faculty $450,000 on non-tenure track.

3 Fairmont State University We propose to do the following deferred maintenance projects during FY'06 and $805,000 thus reduce this backlog: Interior Painting - Jaynes Hall - $60,000; Interior Painting - Hunt-Haught Hall - $150,000; Water Supply for Sprinklers - R.C. Byrd Aerospace Education Center - $70,000; Replace Roof - Colebank Hall - $250,000; Replace Windows - Music Library - $70,000; Recaulk Education Building - $80,000; Repair Green House - $125,000. 3 Fairmont State University Upgrade HVAC - Feaster Center - 600,000 (+900,000 FS); Upgrade HVAC - $3,500,000 Hardway Hall - $1,000,000 (+1,000,000 FS)

4 Fairmont State University Student Success: Retention and graduation rates for Fairmont State students are a $455,362 major concern. A series of systematic interventions will be enacted to ensure that students receive assistance to help them succeed.

5 Fairmont State University We propose to develop, over the next year an undergraduate research program $197,475 aiming to increase the level of "Research Thinking" among faculty, increase the number of all of our students moving on to graduate school, and to increase the number of minorities interested in, and participating in research.

6 Fairmont State University Library Automation: This project involves the replacement/implementation of a $300,000 shared online library system at Fairmont State University, Fairmont State Community & Technical College, Glenville State College, West Liberty State College, and West Virginia Northern Community College.

7 Fairmont State University K-12 Collaboration: This partnership will create tangible collaboration between $36,250 senior high school faculty and college faculty according to disciplines.

8 Fairmont State University Graduate Program Enhancement: Fairmont State’s new “university status” enables $100,000 the institution to initiate efforts to meet growing regional needs in higher education. In order to plan wisely for sustainable programs, the University must conduct market research to determine the most pressing needs in the region.

1 Glenville State College Replace Fire Alarm Systems in Lewis Bennett Hall and the Stadium Field House. $30,000

2 Glenville State College Install ADA compliant door opens across campus (10 @ $1,600.00 each). $16,000

1

160c Table 1 Higher Education Policy Commission Listing of Special Project Requests By Institution December 15, 2004

School's Project Priority Institution Project Description Amount 3 Glenville State College The project and acquired GBRZ has two parts that will simultaneously be completed. $100,030 The first is to market and take advantage of business opportunities with the tax break offered in the W.Va. Code 18B-13 (GBRZ). The market study and marketing/communications for new businesses to locate in the area will be completed by Glenville State College, Carnegie Mellon University, Delegate Brent Boggs and the already gained support of the Gilmer/Braxton EDA, along with the county commissioners. The second is to acquire and place broadband wireless access points within the communities and/or concentrated business/housing areas of Gilmer and Braxton Counties. Carnegie Mellon University (CMU) and Glenville State College (GSC) have a successful model of wireless broadband technology currently working in Glenville.

4 Glenville State College GSC is very interested in expanding its delivery of courses via Web Vista; however, $78,000 the initiative requires a tremendous commitment on the part of the already overextended faculty. This project provides an incentive to those faculty willing to expend the necessary time to develop on-line courses via Web Vista.

5 Glenville State College The construction and implementation of a Challenge Course on the campus of $50,000 Glenville State College.

6 Glenville State College The acquisition and implementation of a radio system in the residence halls. $25,000

1 Marshall University Faculty & Staff Salary Initiatives $3,083,000

2 Marshall University Distributed Education Network Initiative $1,000,000

3 Marshall University Graduate Education Outreach Initiative $500,000

4 Marshall University Autism Training Center Initiative $400,000

5 Marshall University BRIM Initiative $598,000

6 Marshall University 47 new faculty positions and 4 new staff positions $3,388,000

1 Shepherd University Fully fund the Classified staff Matrix, and provide a 7 percent raise to faculty. $920,177

2 Shepherd University Provide five new faculty lines. $302,000

3 Shepherd University Provide additional need based scholarships. $400,000

4 Shepherd University Technology in the Classroom Enhancements: Purchase of technology and $330,000 furniture for classrooms. Employment of an Instructional Design Specialist to assist faculty in the use of technology in the classroom. Purchase of the interface between the WebCT instructional software and the University's student information system.

5 Shepherd University Provide additional staff development opportunities for Faculty and Staff. $50,000

6 Shepherd University Employ Director of First Year Learning Experience. $54,000

7 Shepherd University Employment of a Sponsored Research specialist to help faculty acquire grants and $54,000 contracts.

8 Shepherd University Provide and an additional bus to transport students between the West Campus to $65,000 the East Campus.

9 Shepherd University New sound system and acoustical treatment for Butcher Center. $176,500

10 Shepherd University Purchase and Implementation of Banner Human Resources software module $260,000 including training.

11 Shepherd University Administrative Assistant to prepare board agenda and compile data for the $44,000 Shepherd University Board of Governors.

12 Shepherd University Employ two additional custodians to clean the additional space built by the $56,000 University. 2

160d Table 1 Higher Education Policy Commission Listing of Special Project Requests By Institution December 15, 2004

School's Project Priority Institution Project Description Amount

1 West Liberty State Improvement of the lighting on the Campus for safety and security reasons. $600,000

2 West Liberty State Roof replacement to the Fine Arts Building. $600,000

3 West Liberty State ADA Improvements to classroom and administrative buildings. $250,000

4 West Liberty State Telephone switch replacement. $300,000

5 West Liberty State Main Hall replace HVAC system. $350,000

6 West Liberty State Student records scanning equipment. $250,000

7 West Liberty State Equipment for the Multi-Media Center $500,000

1 WV School of Osteopathic The Governor, through the State Budget Office, is requiring us to submit a proposed $409,437 Medicine operating budget that reflects a 5.5% reduction in our lottery appropriation. Because the HEPC exempted financial aid programs, the reduction is effectively 5.91% of our lottery operating budget. WVSOM requests as its top priority the restoration of the 5.91% to its base budget.

2 WV School of Osteopathic To hire four Clinical Faculty; a Geriatrician, an Internist, and two Family Practice $500,000 Medicine physicians to meet curricular and elderly needs.

3 WV School of Osteopathic The Statewide Campus initiative will provide a stronger educational infrastructure for $2,070,214 Medicine WVSOM's third and fourth year curriculum and its graduate medical education program, which ultimately will provide more physicians who will practice in West Virginia. Currently, WVSOM third and fourth year students are scattered all around the United States for their clinical rotations.

1 West Virginia State University West Virginia State University plans to create and operate a Student Academy for $120,000 Graduate Education (S.A.G.E.)

2 West Virginia State University Academic enhancement program combining tutorials in Mathematics, English, and $28,000 Sciences.

3 West Virginia State University Supplemental Instruction is an academic support program utilizing peer-assisted $30,000 study sessions.

4 West Virginia State University Safety upgrades for performing areas of Capitol Center $40,000

5 West Virginia State University Update the WVSU telecommunications network $79,000

6 West Virginia State University Expanded utilization of Banner Modules $267,000

7 West Virginia State University Update the WVSU telecommunications network by upgrading the Definity Switch $70,000

8 West Virginia State University Improve archival storage capabilities for WVSU BANNER system. $2,000

9 West Virginia State University Cultural programs for children $14,833

10 West Virginia State University Seating renovation at Capitol Center $300,000

1 West Virginia State CTC Develop an associate degree in nursing $300,000

1 WVU The initial budget request of $2,562,500 will support 30 new faculty positions on the $2,562,500 WVU Main Campus. These positions will be directed towards the following areas: Forensic Sciences and Biometrics, Neurosciences, Alternative Fuels, Bio-molecular Sciences, etc.

2 WVU Health Sciences To accommodate the increased enrollment at the Charleston facility, renovations $1,400,000 and technology enhancements must be performed.

3

160e Table 1 Higher Education Policy Commission Listing of Special Project Requests By Institution December 15, 2004

School's Project Priority Institution Project Description Amount 3 WVU Health Sciences Specifically, we are requesting an additional $1.5 million of funding to complete and $3,150,000 furnish the second floor of the Educational Center at the Eastern Division. We are also requesting an additional $1.4 million of funding to address the educational support costs required for the enrollment growth. This $1.4 million is in addition to the current $1.6 million allocation and represents a continuing commitment.

4

160f Table 1 Higher Education Policy Commission Listing of Special Project Requests By Institution December 15, 2004

School's Project Priority Institution Project Description Amount

4 WVU West Virginia University is requesting 30 additional faculty positions to support the $2,562,500 growth in enrollment at the following colleges: The College of Arts and Sciences, The College of Engineering and Mineral Resources, The School of Journalism, and The College of Business and Economics.

5 WVU The 29 new positions will support the following programs: - 10 positions in 4-H $2,000,000 Agents, - 7 positions in Agriculture & Natural Resources Agents, - 4 positions in Community Resource & Economic Development Agents, - 4 positions in Family & Consumer Sciences Agents, and - 4 state specialist positions

6 WVU Health Sciences Specifically, we are requesting $5.2 million of funds for technology upgrades and $5,150,000 renovations to 6 classrooms and 3 auditoriums. These upgrades will affect over 1300 seats and over 1400 square feet.

7 WVU Health Sciences 1- Increase in the number of educational faculty. Our estimates predict that in FY $6,802,000 2006 all schools will be struggling to cope with their increased instructional demands. 2- Funding to elevate current faculty salaries to peer averages.

8 WVU Health Sciences WVU proposes to create a state-of-the-art medical and research facility to make the $96,340,000 latest proton beam technology available to patients and to researchers.

9 WVU Health Sciences WVU proposes to create a state-of-the-art Biomedical Science Research Center. $35,890,000

1 Potomac State College of WVU Construct an elevator/catwalk system between two neighboring buildings that $750,000 currently do not have elevator access. This will also facilitate a common HVAC system between the two buildings and provide ADA compliant restroom facilities.

2 Potomac State College of WVU To create an 85 unit parking lot to facilitate parking for students and community $75,000 members when attending events at the Church McKee Art Center.

3 Potomac State College of WVU Add two positions in order to build academic programs in demand. $77,400

4 Potomac State College of WVU Facility needs upgraded to make restrooms ADA-compliant. $200,000

5 Potomac State College of WVU Includes an arena for indoor equine training and large and small animal working $600,000 facility. Center to include restrooms, office and bleacher area for students and spectators.

6 Potomac State College of WVU Refurbish greenhouse including new covering and doors to revive from current $15,000 unusable space to full operational condition.

1 WVU Tech This request constitutes the first of two requests to support WVU Institute of $140,000 Technology's development of a Charleston Center in Building 701 of the Dow Technology Park.

2 WVU Tech This request constitutes the second of two requests to support WVU Institute of $215,000 Technology's development of a Charleston Center in Building 701 of the Dow Technology Park.

3 WVU Tech Create a One-Stop Admissions Center that would bring together the primary $230,000 functions necessary to recruit, admit, register, and provide financial aid services in a single, central location.

4 WVU Tech Instructional Technology Specialist (on-going expense) $66,000

5 WVU Tech Psychology Baccalaureate Program (on-going expense). $102,000

6 WVU Tech Faculty Development Program (on-going expense). $30,000

7 WVU Tech Criminal Justice Program Tract (on-going expense). $77,500

5

160g Table 1 Higher Education Policy Commission Listing of Special Project Requests By Institution December 15, 2004

School's Project Priority Institution Project Description Amount

1 HEPC Nursing Enhancement Education $400,000

2 HEPC Rural Residency Training and Support to New Rural Physicians $200,000

Total $186,716,378

Continuation projects $751,800 One-time funding - instructional or economic development $3,432,117 Life safety/ADA facility enhancements $1,161,000 On-going base budget funding - instructional or economic development $26,708,514 One-time expenditure – operations or administration $1,027,500 On-going base budget funding - operations or administration $2,723,614 Deferred building maintenance $1,805,000 Building renewal & renovations $13,037,000 New facility space $136,055,000 Not supported $14,833 $186,716,378

6

160h Table 2 Higher Education Policy Commission Listing of Special Project Requests 12/15/04

State Federal Other Revised Fits Appropriation Gifts, Grants Revenue & HEPC Priority School Project and Tuition Auxiliary Grants & and Capital Rank Criteria Priority Institution Project Summary Amount and E&G Fees Revenue Contracts Contracts Requests D 5 1 Bluefield State College Upgrade Road and New Parking Lot $1,600,000 $0 $1,600,000 A 5 2 Bluefield State College Assess Energy Related Needs $150,000 $0 $150,000 B 4 1 Concord University New Academic Program $133,400 $100,000 $33,400 C 8 2 Concord University Replace Storage Facility $92,000 $0 $92,000 D 7 3 Concord University Replace Roof $50,000 $0 $50,000 B 1 1 Fairmont State University E-learning Clusters $751,800 $751,800 A 4 2 Fairmont State University Hiring Nine Full time Faculty $450,000 $450,000 D 7 3 Fairmont State University Deferred Maintenance Projects $805,000 $0 $805,000 D 7 3 Fairmont State University Upgrade HVAC - Feaster & Hardway $3,500,000 $0 $3,500,000 B 2 4 Fairmont State University Retention and Graduation Rates $455,362 $100,000 $355,362 B 2 5 Fairmont State University Research Thinking $197,475 $97,475 $100,000 B 2 6 Fairmont State University Library Automation $300,000 $300,000 B 2 7 Fairmont State University K-12 Collaboration $36,250 $36,250 B 2 8 Fairmont State University Graduate Program Enhancement $100,000 $100,000 C 3 1 Glenville State College Replace Fire Alarm Systems $30,000 $0 $30,000 C 3 2 Glenville State College Install ADA Compliant Doors $16,000 $0 $16,000 B 2 3 Glenville State College Market Study $100,030 $49,780 $50,250 B 2 4 Glenville State College Web Vista $78,000 $78,000 C 2 5 Glenville State College Challenge Course $50,000 $0 $50,000 C 3 6 Glenville State College Radio System in Residence Halls $25,000 $0 $25,000 B 4 1 HEPC Nursing Enhancement Education $400,000 $400,000 B 4 2 HEPC Rural Residency Training and Support $200,000 $200,000 E 4 1 Marshall University Faculty & Staff Salary Initiatives $3,083,000 $0 $233,000 $121,000 $111,000 $1,000 B 2 2 Marshall University Distributed Education Network Initiative $1,000,000 $1,000,000 B 4 3 Marshall University Graduate Ed. Outreach Initiative $500,000 $500,000 B 2 4 Marshall University Autism Training Center $400,000 $400,000 E 6 5 Marshall University BRIM Initiative $598,000 $0 A 4 6 Marshall University 47 New Faculty and 4 New Staff $3,388,000 $3,388,000 D 8 1 Potomac State College of WVU Elevator/Catwalk System $750,000 $0 $750,000 C 9 2 Potomac State College of WVU 85 Unit Parking Lot $75,000 $0 $75,000 A 4 3 Potomac State College of WVU Two Positions in Academic Programs $77,400 $77,400 D 3 4 Potomac State College of WVU Make Restrooms ADA-compliant $200,000 $0 $100,000 $100,000 D 3 5 Potomac State College of WVU Indoor Equine Training Facility $600,000 $0 $600,000 B 8 6 Potomac State College of WVU Refurbish Greenhouse $15,000 $15,000 E 6 1 Shepherd University Salary Increases $920,177 $0 A 4 2 Shepherd University Five New Faculty Lines $302,000 $302,000 E 4 3 Shepherd University Need-based Scholarships $400,000 $0 B 4 4 Shepherd University Technology in the Classroom $330,000 $330,000 B 6 5 Shepherd University Additional Staff Development $50,000 $50,000 B 4 6 Shepherd University Director of First Year Learning Exp. $54,000 $54,000 E 6 7 Shepherd University Research Specialist $54,000 $0 C 6 8 Shepherd University Additional Bus $65,000 $0 $65,000 C 5 9 Shepherd University New Sound System $176,500 $0 $176,500 A 6 10 Shepherd University Banner Human Resources Software $260,000 $260,000 E 6 11 Shepherd University Administrative Assistant $44,000 $0 B 6 12 Shepherd University Two New Custodians $56,000 $56,000 D 5 1 West Liberty State Improved Campus Lighting $600,000 $0 $600,000 D 5 2 West Liberty State Roof Replacement for Fine Arts Bldg. $600,000 $0 $600,000 D 5 3 West Liberty State ADA Improvements $250,000 $0 $250,000 C 5 4 West Liberty State Telephone Switch Replacement $300,000 $0 $300,000

160i Table 2 Higher Education Policy Commission Listing of Special Project Requests 12/15/04

State Federal Other Revised Fits Appropriation Gifts, Grants Revenue & HEPC Priority School Project and Tuition Auxiliary Grants & and Capital Rank Criteria Priority Institution Project Summary Amount and E&G Fees Revenue Contracts Contracts Requests D 5 5 West Liberty State Replace HVAC in Main Hall $350,000 $0 $350,000 E 2 6 West Liberty State Scanning Equip. for Student Records $250,000 $0 B 2 7 West Liberty State Equipment for the Multi-Media Center $500,000 $400,000 $100,000 N 4 1 West Virginia State CTC Associate Degree in Nursing $300,000 $0 B 4 1 West Virginia State University Student Academy for Graduate Ed. $120,000 $60,000 $60,000 B 4 2 West Virginia State University Academic Enhancement Program $28,000 $28,000 B 4 3 West Virginia State University Peer Assisted Study Sessions $30,000 $30,000 C 3 4 West Virginia State University Safety Upgrades for Capitol Center $40,000 $0 $40,000 D 5 5 West Virginia State University Update Telecommunications Network $79,000 $0 $79,000 A 6 6 West Virginia State University Banner Modules $267,000 $267,000 C 5 7 West Virginia State University Definity Switch $70,000 $0 $70,000 A 5 8 West Virginia State University Banner System $2,000 $2,000 E 10 9 West Virginia State University Cultural Programs for Children $14,833 $0 C 8 10 West Virginia State University Seating Renovation at Capitol Center $300,000 $0 $300,000 E 6 1 WVSOM Base Budget Restoration $409,437 $0 C 4 2 WVSOM Four Clinical Faculty $500,000 $0 $500,000 E 4 3 WVSOM Stronger Infrastructure $2,070,214 $0 A 4 1 WVU 30 New Faculty Positions $2,562,500 $2,562,500 A 4 4 WVU 30 New Faculty Positions $2,562,500 $2,562,500 E 4 5 WVU 29 New Positions $2,000,000 $0 D 8 2 WVU Health Sciences Renovations to Charleston Facility $1,400,000 $0 $1,400,000 B 2 3 WVU Health Sciences Education Support costs $1,400,000 $1,400,000 D 2 3 WVU Health Sciences Equip. Educational Center $1,500,000 $0 $1,500,000 D 2 6 WVU Health Sciences Technology Upgrades & Renovations $5,150,000 $0 $5,150,000 A 4 7 WVU Health Sciences Increase Faculty Number and Salaries $6,802,000 $6,802,000 D 9 8 WVU Health Sciences Proton Beam Technology $96,340,000 $0 $96,340,000 D 9 9 WVU Health Sciences Biomedical Science Research Center $35,890,000 $0 $35,890,000 B 4 1 WVU Tech Dow Technology Park $140,000 $140,000 B 2 2 WVU Tech Dow Technology Park $215,000 $215,000 B 8 3 WVU Tech One-Stop Admissions Center $230,000 $230,000 A 4 4 WVU Tech Instructional Technology Specialist $66,000 $66,000 B 4 5 WVU Tech Psychology Baccalaureate Program $102,000 $102,000 B 4 6 WVU Tech Faculty Development Program $30,000 $30,000 B 4 7 WVU Tech Criminal Justice Program Tract $77,500 $77,500

Total $186,466,378 $24,070,205 $2,751,500 $404,650 $526,362 $149,036,000

Category Summary A Support - System-Wide Initiatives $16,889,400 B Recommended $8,029,817 C Support - Auxiliary Enterprise $1,739,500 D Support - Capital Item $149,664,000 E Not Recommended $9,843,661 N No Recommendation $300,000 $186,466,378

160j West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: FY 2006 Appropriation Request – Capital Projects

INSTITUTIONS: All

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the capital project lists for FY 2006 and directs its staff to work with institutions to make final adjustments to project cost and classification and to develop a multi-year implementation plan for action in January or February.

STAFF MEMBER: Patricia Hunt

BACKGROUND:

West Virginia Code §18B-1B-4(a)(11) requires the West Virginia Higher Education Policy Commission (Commission) to “establish a formal process for identifying needs for capital investments and for determining priorities for these investments” for both the Commission and the West Virginia Council for Community and Technical College Education (Council) and to “assure a fair distribution of funds for capital projects between the Commission and Council.” Specifically, the Commission must (1) receive the list of capital project priorities from the Council; (2) place the Council’s ranked list of projects on the agenda for action within 60 days of the date of receipt; (3) select a minimum of three projects from the list submitted by the Council to be included in the ranked list established by the Commission; and (4) at least one of the three projects must come from the top two priorities established by the Council. The Commission must also report to the Legislature and the Legislative Oversight Commission on Education Accountability (LOCEA) in January 2005 on its priorities for capital investment. Id. §18B-1B-4(a)(10)(C).

West Virginia is one of a few states that relies on student fees as its primary source of funding for capital debt and minor renovations and repairs. The use of Lottery funds as the source for debt service for the $167 million bond issue this summer was an exception to past practice. In its review of institutional capital projects, the staff considered six funding sources in developing recommendations:

1. General revenue appropriations. 2. Federal appropriations and grants. 3. Private gifts, grants, and other funds. 4. System bonds

161 a. Lottery fund b. System Educational and General (E&G) capital fees. 5. Institutional bonds funded from E&G capital fees. 6. Auxiliary enterprise bonds or fund balances, including auxiliary capital fees.

The staff recommendations may differ from the requested funding source because of the category assigned to a project or the application of a recommended policy. For example, all parking projects are recommended as auxiliary enterprise projects while some campuses may have requested funding from general funds or system bonds for these projects. Another difference is that deferred maintenance projects are not considered eligible for either system or institutional bonds. This reflects the policy adopted earlier this year based on the expected life cycle of projects and length of debt.

Campus projects have been organized into groups and assigned funding sources as described above. A summary of the structure and policies suggested follows. The staff will review the lists and policies at the meeting and seek guidance from the Commission. Following the December meeting, the staff will continue discussions with institutions and develop a multi-year implementation plan for consideration by the Commission in January or February. Separate tables are included for each of these categories and reflect the initial recommendations by the staff.

• FUNDED PROJECTS (Table 1) These are projects identified by the institutions that have been fully funded by previous action of the Commission, legislature, federal government, or private donors. The list is separated into E&G and auxiliary enterprise projects. A number of projects from the $167 million system bond issue this summer are not included in Table 1 because the institution is seeking additional funding to complete the project. Please note that many of the WVU projects that were partially funded in the $167 million issue and authorized in the WVU bond issue acted upon by the Commission in October are included here. The total of these projects is $318 million with $203 million for E & G projects and $115 million for auxiliary projects.

• HEALTH, LIFE SAFETY, ADA AND DEFERRED MAINTENANCE PROJECTS (Table 2) By scope, definition or expected life cycle, these projects were not considered for funding by system or institutional bonds. The total request is $40 million with $29 million for E & G projects and $11 million for auxiliary projects. The recommendation for E&G projects is for fifty percent of the cost to be appropriated from General Revenues or Lottery and fifty percent of the cost to be funded from institutional sources. For auxiliary enterprise projects, the recommended funding source is auxiliary enterprise funds. One option that institutions may consider is to consolidate such projects into a major renovation project that could be funded as part of a larger auxiliary bond issue.

• BUILDING & CAMPUS RENEWAL OR RENOVATION (Table 3) Larger renovation and repair projects are typically funded through system or institutional bonds. Including requests for equipment replacement or acquisition, the total is

161a $139 million with $98 million for E&G projects and $41 million for auxiliary enterprise projects. The staff has identified approximately $41 million as potential system bond projects. The auxiliary enterprise projects would have to meet the financial feasibility requirements before receiving final approval from the Commission.

• NEW BUILDINGS & FACILITIES (Table 4) New structures and major additions represent the largest category of projects requested by the institutions. Requests for new four-year and two-year educational and research buildings approximate $245 million and new auxiliary facilities approximate $103 million for a total of $346 million. The staff have identified approximately $83 million as potential system bond projects

In summary, the projects requested would call for the following funding:

1. General Fund for ADA and Deferred Maintenance Projects in the amount of $14.4 million with a matching amount from institutional fees and fund balances. 2. Federal funds for building renewal and new construction in the amount of $22.3 million. 3. System bonds for E&G building renewal and new construction in the amount of $123.7 million. 4. Auxiliary enterprise fund balances and revenue bonds in the amount of $171.4 million. 5. Private funds and other sources in the amount of $25 million. 6. Institutional funds and capital fee bonds for building renewal and new construction in the amount of $156.8 million.

The staff will present updated information on utilization of classrooms and class laboratories at the meeting and will recommend that new construction be restricted to campuses that are fully utilizing existing space or to situations where there is general agreement that enrollment growth will justify the additional space. If the Commission agrees, the staff will modify the new construction list to incorporate this policy as a means of prioritizing the list. Table 5 summarizes the recommendations of the Council.

SUMMARY OF CATEGORIES AND PREVIOUS DECISIONS

At the meeting on October 15, 2004, the Commission reviewed the preliminary capital project list and agreed to adopt the same general criteria used to rank capital projects in previous years. These criteria are listed below. Following the October 15th meeting, the institutions were given the opportunity to update their project lists prior to the staff compiling the proposed list of capital project priorities.

1. Renovations and repairs, especially those that deal with deferred maintenance, should have the highest priority in the following order: (a) Health, life safety and ADA

161b (b) Direct instructional space, i.e. classrooms and teaching laboratories (c) Other instructional space such as office and academic support (d) Library, computational and communication infrastructure (e) Other academic related infrastructure

2. Research facilities should be considered on their individual merits and ability to leverage private funds and governmental grants.

3. Administrative support space and physical plant improvements.

4. Infrastructure should be included as a component of all projects rather than as a separate project except for major campus utility systems.

5. Physical education and ancillary services should have the lowest priority for educational and general facilities.

6. Auxiliary, athletic, and recreational facilities should be funded from revenue bonds or cash reserves and rely on user fees or designated student fees for payment of debt and operating costs.

7. Any project that has been approved by the Higher Education Policy Commission but is not under contract within two years must be re-approved by the Commission.

To facilitate sorting and ranking of the projects, the staff used to following coding structure:

HEPC Project Category Codes:

A = Direct and indirect instructional space B = Library, computer, communication, and other academic infrastructure C = Research facilities and equipment D = Physical education and ancillary services E&G facilities E = Administrative support services & physical plant improvements F = Campus utility and other major infrastructure G = Auxiliary, parking, athletic, and recreational facilities

HEPC Project Class Codes:

1 = Life Safety and ADA: Critical repairs or upgrades driven totally by the need to eliminate health and life safety problems, complying with mandatory building code requirements or meeting provisions of the Americans with Disabilities Act (ADA). 2 = Deferred Maintenance: Maintenance projects from prior years and the current year that were not included in the maintenance process because of perceived lower priority status than those funded with available funding. Deferred maintenance includes postponed renewal and replacement maintenance and unperformed unscheduled major maintenance. 3 = Building Renewal and Renovations: The complete reworking of an entire

161c building or a major discrete portion or component of a building to develop a facility or component generally equivalent to a new one. It involves the complete upgrading or replacement of systems (heating, ventilating and air conditioning, for example), usually includes element replacements (such as a new roof or windows) and may involve program or occupancy changes. At the completion of a building renewal project the expected useful life of the building should approximate an entirely new facility. 4 = New Space: A new structure or an addition to an existing structure for occupancy by people or equipment for the purpose of carrying out specific programs or operations.

Project Status Codes:

1 = Preliminary planning stage 2 = Project under design by A/E 3 = Out to bid or under construction

Funding Status Codes:

1 = New Request 2 = Supplemental Funding Request 3 = Funded and Underway

161d HIGHER EDUCATION POLICY COMMISSION Table 1- Funded Capital Projects HEPC & CCTCE Projects 12/01/04

Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Project Dates Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Start Finish Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # MM/YY MM/YY Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed

E&G Projects Rahall Science & CU 8 Dec, 01 May, 06 Technology Center 9,700,000 B 4 2 3 5,100,000 4,600,000 0 0 GYM 2, Dance Studio & CU 9 Aug., 04 June, 05 Classroom Roofs 83,000 D 2 1 3 83,000 0 0 0 Fine Arts Theatre CU 12 Nov., 04 Mar., 05 Lighting 35,000 B 3 2 3 35,000 0 0 0 FSU 1 Jul-05 Jun-06 Braxton County Center 1,000,000 A 4 2 1 0 1,000,000 0 0 Robert F. Kidd Library GSC 2 Sep-04 Jun-04 Renovation 500,000 B 3 2 3 500,000 0 0 0

GSC 3 May-05 Jun-06 Science Hall Renovation 5,000,000 A 3 1 3 0 5,000,000 0 0 Biotechnology Science MU 1 01/04 07/06 Center 41,556,371 C 4 3 3 41,556,371 0 0 Library Annex: Information Center - PSC 4 2004 2006 Phase 1 1,800,000 B 4 1 3 1,800,000 0 0 0 SU 1 07/01/04 07/01/05 Campus Infrastructure 3,500,000 F 4 2 3 3,500,000 0 0 0 Ikenberry Hall Elevator SU 2 71/2004 06/30/05 Per ADA Requirements 600,000 E 1 2 3 600,000 0 0 0 McMurran/Reynolds Hall SU 3 07/01/04 06/30/05 Renovation 900,000 E 3 1 3 900,000 0 0 0 SU 4 07/01/05 06/30/06 Classroom Building 12,500,000 A 4 1 3 0 12,500,000 0 0 Fine Arts Building WLSC 2 Sep-03 Jun-05 Structural 2,000,000 A 3 2 3 0 2,000,000 0 0 Human Subject WVSOM 1 Jul-05 Dec-05 Simulator 182,455 B 4 3 3 182,455 0 0 0 Addition to Fredric W. WVSOM 5 Feb-05 Dec-05 Smith Science Bldg 2,316,984 A 4 2 3 2,316,984 0 0 0 Additional Funding for Center for Tech. & Rural WVSOM 6 Feb-05 Apr-06 Med. 5,646,093 A 4 2 3 1,646,093 4,000,000 0 0 Maintenance/Receiving/ WVSOM 29 Aug-04 Mar-05 Storage Facility 1,826,690 E 4 3 3 1,826,690 0 0 0 WVSOM 30 Nov-04 Apr-05 Admissions Center 1,530,557 E 4 2 3 1,530,557 0 0 0 Coliseum Life Safety WVU 1 FY 04 FY 06 and Fire Protection 2,800,000 D 1 3 3 2,800,000 0 0 0 Creative Arts Center WVU 3 FY 04 FY 06 Fire Safety Issues 750,000 A 1 2 3 750,000 0 0 0 Coliseum Roof WVU 6 FY 04 FY 05 Replacement 2,150,000 D 3 3 3 2,150,000 0 0 0 Engineering Sciences Bldg. Nano Lab Room WVU 24 FY 03 FY 05 G71 2,577,750 C 3 3 3 2,577,750 0 0 0 Creative Arts Center WVU 38 FY 04 FY 05 Renovation 250,000 A 3 3 3 250,000 0 0 0 Evansdale Campus Feeders 1 and 2 WVU 42 July-04 FY 05 Replacement 400,000 F 3 3 3 0 400,000 0 0

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Project Dates Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Start Finish Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # MM/YY MM/YY Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Agriculture Sciences WVU 48 FY 05 FY 06 Plant Pathology 9,500,000 A 4 2 3 9,500,000 0 0 0 Allen/Percival Asbestos WVU 53 FY 05 FY 06 Abatement & Fire Det. 7,500,000 A 3 2 3 3,500,000 4,000,000 0 0 White Hall - Fire WVU 55 FY 05 FY 06 Marshall Upgrades 5,000,000 A 1 1 3 5,000,000 0 0 0 Downtown Utility WVU 57 FY 04 FY 07 Infrastructure - Phase 1 12,500,000 F 3 2 3 0 12,500,000 0 0 WVU 59 FY 05 FY 08 Brooks Hall Renovation 32,000,000 A 3 1 3 7,000,000 25,000,000 0 0

WVU 60 FY 05 FY 07 Oglebay Hall Renovation 19,000,000 A 3 1 3 19,000,000 0 0 0 WVU 63 FY 06 FY 07 Colson Hall Renovation 8,000,000 E 3 1 3 8,000,000 0 0 0 Engineering Sciences WVU 66 FY 05 FY 07 Building Façade 5,500,000 A 3 1 3 0 5,500,000 0 0 Fire Marshall Repairs: WVUIT 8 * Old Main, Engineering 1,400,000 A 1 1 3 0 1,400,000 0 0 HEPC Subtotal E&G Projects 200,004,900 122,104,900 77,900,000 0 0 000000

Classroom Tower WVUP 1 Sep-04 Jun-07 Subsidence Issues 2,735,000 A 1 1 3 0 2,735,000 0 0 000000 CCTCE Subtotal E&G Projects 2,735,000 0 2,735,000 0 0 000000 Note: Funding for this project is a portion of the funding needed to temporarily stabilize the original WVUP classroom building built in the late 1960's per the architect's recommendation. A solution / plan needs to be developed by WVU to permanently deal with the subsidence and structural problem.

Total E&G Funded Projects 202,739,900 122,104,900 80,635,000 0 0 000000

Auxiliary Projects Clinical Education & MU 2 06/04 06/06 Outreach Center 21,968,655 G 4 2 3 21,968,655 0 0 0 Dining/Food Service PSC 6 2005 2007 Facility 1,500,000 G 3 1 3 1,500,000 0 0 0 302 Bed Residential PSC 8 2005 2007 Facility 10,500,000 G 4 1 3 10,500,000 0 0 0 Demolition of Maintenance Facility for WVSOM 7 Apr-05 Jun-05 Parking 300,000 G 3 2 3 300,000 0 0 0 Robert C. Byrd Clinic WVSOM 9 Apr-03 Dec-04 Addition/Expansion 3,255,560 G 4 3 3 3,255,560 0 0 0 WVSOM 10 Dec-04 Property Acquisition 1 250,000 G 4 3 3 250,000 0 0 0 Coliseum Upgrade WVU 20 FY 03 FY 06 Project 7,400,000 G 3 3 3 7,400,000 0 0 0 Mountaineer Field Suites, Club, Sound, WVU 15 FY 03 FY 05 Scoreboard 14,325,000 G 4 3 3 14,325,000 0 0 0 WVU 16 FY 04 FY 05 Puskar Center Roof 250,000 G 3 3 3 250,000 0 0 0 Puskar Interior WVU 17 FY 03 FY 05 Renovations 1,000,000 G 3 2 3 1,000,000 0 0 0 Athletics' Soccer Stadium and Practice WVU 19 FY 03 FY 05 Field 3,825,000 G 4 3 3 3,825,000 0 0 0

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Project Dates Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Start Finish Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # MM/YY MM/YY Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Mountainlair Parking WVU 18 FY 04 FY 06 Garage 7,531,800 G 3 3 3 7,531,800 0 0 0 WVU 21 FY 03 FY 06 Puskar HVAC Upgrade, 2,200,000 G 3 2 3 2,200,000 0 0 0 Student Housing - WVU 49 FY 05 FY 07 Evansdale Suites 14,750,000 G 4 2 3 14,750,000 0 0 0 Jackson's Mill Fire WVU 51 FY 05 FY 07 Training Academy 6,772,500 G 4 1 3 3,000,000 3,772,500 0 0 Evansdale Residential Complex Towers WVU 61 FY 05 FY 07 Renovation 5,000,000 G 3 1 3 5,000,000 0 0 0 New Student Housing - WVU 62 FY 05 FY 07 Sunnyside 14,750,000 G 4 1 3 14,750,000 0 0 0 HEPC Subtotal Auxiliary Funded Projects 115,578,575 111,806,015 3,772,500 0 0 000000

TOTAL FUNDED PROJECTS 318,318,475 233,910,915 84,407,500 0 0 000000

Pro ject Category codes: Project Status codes:

A = Direct and indirect instructional space 1 = Preliminary planning stage B = Library, computer, communication, and other academic infrastructure 2 = Project under design by A/E C = Research facilities and equipment 3 = Out to bid or under construction D = Physical education and ancillary services E&G facilities E = Administrative support services & physical plant improvements Funding Status codes: F = Campus utility and other major infrastructure G = Auxiliary, parking, athletic, and recreational facilities 1 = New Request Project Class codes: 2 = Supplemental Funding Request 3 = Funded and Underway 1 = Life Safety and ADA 2 = Deferred Maintenance 3 = Building Renewal and Renovations 4 = New Space

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed

E&G PROJECTS HEPC - Health, Life Safety & ADA

Elevator Assessment & BSC 1 Upgrade (Basic Science) 350,000 A 1 2 2 250,000 0 100,000 50,000 50,000 100,000 Carter Center ADA CU 2 Elevators 350,000 D 1 1 2 100,000 0 250,000 125,000 125,000 250,000 ADA Restroom CU 3 Conversions 150,000 A 1 2 2 75,000 75,000 37,500 37,500 75,000 ADA Sidewalks & Road CU 6 Project 111,000 F 1 3 2 71,000 0 40,000 20,000 20,000 40,000

ADA Compliance CU 7 Projects - E&G Buildings 92,000 F 1 1 1 0 0 92,000 46,000 46,000 92,000 Elevator Installation & GSC 5 ADA Access 800,000 A 1 1 1 0 0 800,000 400,000 400,000 800,000 GSC 7 Fire Alarm Upgrade 500,000 A 1 1 1 0 0 500,000 250,000 250,000 500,000 Medical Ctr. Elevator MU 7 Addition 350,000 A 3 1 1 0 0 350,000 175,000 175,000 350,000 Administration Bldg. & PSC 1 Academy Hall ADA 700,000 A 1 1 2 50,000 0 650,000 325,000 325,000 650,000 ADA Improvements to buildings and WLSC 4 infrastructure 1,000,000 F 1 1 1 0 0 1,000,000 500,000 500,000 1,000,000 ADA Access - WVUIT 3 Engineering Lab 200,000 A 1 1 1 0 0 200,000 100,000 100,000 200,000 ADA compliance - WVUIT 4 Campus 250,000 F 1 1 1 0 0 250,000 125,000 125,000 250,000 HEPC Sub. E&G Health, Life Safety, & ADA 4,853,000 546,000 0 4,307,000 2,153,500 0 0 2,153,500 0 0 4,307,000

HEPC E&G Deferred Maintenance Roof Replacements (PE BSC 7 & Basic Science) 250,000 A 2 1 2 50,000 0 200,000 100,000 100,000 200,000 Mahood Hall Electrical/Mechanical BSC 8 Upgrade & Reno. 750,000 A 2 1 1 0 0 750,000 375,000 375,000 750,000 Electrical/Mechanical BSC 9 Upgrade PE Building 575,000 D 2 1 1 0 0 575,000 287,500 287,500 575,000 Institutional Energy BSC 10 Assessment 950,000 F 2 1 1 50,000 0 900,000 450,000 450,000 900,000 Phase II - Conley Hall BSC 11 Renovations 400,000 E 2 1 1 50,000 0 350,000 175,000 175,000 350,000 Fine Arts Lighting CU 1 Dimmer Sys. 200,000 B 2 1 2 100,000 0 100,000 50,000 50,000 100,000

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Marsh Hall Roof CU 4 Replacement 150,000 A 2 1 2 50,000 0 100,000 50,000 50,000 100,000 Marsh Hall 1st Floor CU 5 Resurfacing 150,000 A 2 1 1 0 0 150,000 75,000 75,000 150,000 Marsh Hall/Science Hall CU 13 Window Replacement 150,000 A 2 1 1 0 0 150,000 75,000 75,000 150,000 Feaster Center Steps & FSU 4 Elevator 300,000 D 2 2 1 0 0 300,000 150,000 150,000 300,000 FSU 9 Colebank Roof & Floor 500,000 A 2 1 1 0 0 500,000 250,000 250,000 500,000 Education Bldg - Paver FSU 10 Repair 250,000 A 2 1 1 0 0 250,000 125,000 125,000 250,000 Feaster Center Flooring FSU 17 & Seating 500,000 D 2 1 1 0 0 500,000 250,000 250,000 500,000 GSC 4 Roof Projects 575,000 A 2 1 1 0 0 575,000 287,500 287,500 575,000 Medical Education HVAC Building System MU 6 Renovation 650,000 A 2 1 1 0 0 650,000 325,000 325,000 650,000 Jenkins Hall MU 13 Repairs/Upgrade 319,216 A 2 1 2 50,000 0 269,216 134,608 134,608 269,216 Prichard Hall MU 14 Repairs/Upgrade 733,310 A 2 1 2 100,000 0 633,310 316,655 316,655 633,310 Corbly Hall MU 15 Repairs/Upgrade 1,263,224 A 2 1 2 300,000 0 963,224 481,612 481,612 963,224 Fine Arts MU 18 Repairs/Upgrade 300,000 A 2 1 1 0 0 300,000 150,000 150,000 300,000 Community College MU 20 Repairs/Upgrade 196,072 A 2 3 2 50,000 0 146,072 73,036 73,036 146,072 Frank Center Roofing SU 9 Replacement 300,000 A 2 1 1 0 0 300,000 150,000 150,000 300,000 Snyder Hall Renovation SU 10 Phase III 530,000 A 2 1 1 0 0 530,000 265,000 265,000 530,000 Stutzman Slonaker Hall SU 11 Renovations 445,000 A 2 1 1 0 0 445,000 222,500 222,500 445,000 Snyder Annex SU 15 Renovation 300,000 E 2 1 1 0 0 300,000 150,000 150,000 300,000 Upgrade of lighting on WLSC 1 Campus 600,000 F 2 1 1 0 0 600,000 300,000 300,000 600,000

WLSC 9 Replace HVAC Main Hall 350,000 A 2 1 1 0 0 350,000 175,000 175,000 350,000 Main Building/Quad WVSOM 9 HVAC Upgrade 750,000 A 2 1 1 0 0 750,000 375,000 375,000 750,000

Classroom Conversion to Auditorium/Conference WVSOM 10 Center 115,000 A 2 1 1 0 0 115,000 57,500 57,500 115,000

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Fleming Hall Second WVSU 11 floor classroom upgrade 500,000 A 2 1 1 0 0 500,000 250,000 250,000 500,000 Business & Economics WVU 12 Building Room 459 132,000 A 2 1 1 0 0 132,000 66,000 66,000 132,000 Wise Library Roof WVU 25 Replacement 200,000 B 2 3 1 0 0 200,000 100,000 100,000 200,000 Engineering Sciences Building Roof WVU 26 Replacement 600,000 A 2 1 1 0 0 600,000 300,000 300,000 600,000 Percival Bridge WVU 32 Replacement 100,000 E 2 1 1 0 0 100,000 50,000 50,000 100,000 Engineering Sciences Building 10th Floor WVU 34 Renovation 820,000 A 2 1 1 0 0 820,000 410,000 410,000 820,000 Agriculture Sciences WVU 35 Annex Renovation 780,750 A 2 2 1 0 0 780,750 390,375 390,375 780,750 Creative Arts Center Locker Upgrade Paint WVU 37 Hallways 150,000 A 2 3 1 0 0 150,000 75,000 75,000 150,000 WVU 40 Clark Hall Roof 500,000 A 2 3 1 0 0 500,000 250,000 250,000 500,000 Creative Arts Center WVU 43 Cooling Tower 200,000 A 2 2 1 0 0 200,000 100,000 100,000 200,000 Engineering Sciences WVU 45 Building Concrete Lab 107,239 A 2 3 1 0 0 107,239 53,620 53,620 107,239 Evansdale Feeder 5 WVU 47 Replacement 180,000 F 2 3 1 0 0 180,000 90,000 90,000 180,000 Engineering Expansion WVU 52 of Bunker 156,031 B 2 3 1 0 0 156,031 78,016 78,016 156,031 Engineering Sciences Building Electrical WVU 58 Upgrade 420,000 A 2 3 1 0 0 420,000 210,000 210,000 420,000 Engineering Sciences WVU 64 Boiler Plant Demolition 800,000 D 2 1 1 0 0 800,000 400,000 400,000 800,000 Replace roof - Vining WVUIT 1 Library 150,000 B 2 1 1 0 0 150,000 75,000 75,000 150,000 Replace roof - WVUIT 2 Engineering Lab 225,000 A 2 1 1 0 0 225,000 112,500 112,500 225,000 Replace Underground Cables & PCB WVUIT 6 Transformers 500,000 F 2 1 1 0 0 500,000 250,000 250,000 500,000 Correct Vent. & High Humidity Problems - WVUIT 7 Orndorff 300,000 A 2 1 1 0 0 300,000 150,000 150,000 300,000 Environmental & Electrical Upgrade - WVUIT 10 Engineering Lab 900,000 A 2 1 1 0 0 900,000 450,000 450,000 900,000

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Environmental & lighting Upgrade - Engineering WVUIT 11 Bldg. 550,000 A 2 1 1 0 0 550,000 275,000 275,000 550,000 Upgrade Temp. Controls & HVAC System - Vining WVUIT 12 Library 500,000 B 2 1 1 0 0 500,000 250,000 250,000 500,000 Replace Carpet - Vining WVUIT 14 Library 150,000 B 2 1 1 0 0 150,000 75,000 75,000 150,000 WVUIT 30 Painting all buildings 200,000 D 2 1 1 0 0 200,000 100,000 100,000 200,000 HEPC Sub. E&G Deferred Maintenance 21,672,842 800,000 0 20,872,842 10,436,421 0 0 10,436,421 0 0 20,872,842

CCTCE - E&G Deferred Maintenance Science Laboratory WVNCC 6 Renovation - B&O 174,000 A 2 1 1 0 0 174,000 87,000 87,000 174,000 B&O Building Upgrades & Science Lab WVNCC 8 Renovation 582,400 A 2 1 1 0 0 582,400 291,200 291,200 582,400 New Martinsville WVNCC 9 Campus Upgrades 118,000 B 2 1 1 0 0 118,000 59,000 59,000 118,000 Davis Hall Repair (HVAC, waterproof, windows, drainage, WVUITCTC 1 ACM) 800,000 A 2 1 1 0 0 800,000 400,000 400,000 800,000 Mechanical System WVUP 2 Improvements 305,000 A 2 1 1 0 0 305,000 152,500 152,500 305,000 WVUP 3 Roof Replacements 314,000 A 2 1 1 0 0 314,000 157,000 157,000 314,000 Health Lab, Lecture Hall & HVAC Reno./Replace WVUP 4 Roof 913,750 A 2 1 1 0 0 913,750 456,875 456,875 913,750 WVUP 5 Refurbish Lecture Hall 104,250 A 2 1 1 0 0 104,250 52,125 52,125 104,250 Rehabilitate Computer WVUP 6 Labs 227,630 B 2 1 1 0 0 227,630 113,815 113,815 227,630 CCTCE Subtotal Deferred Maintenance 3,539,030 0 0 3,539,030 1,769,515 0 0 1,769,515 0 0 3,539,030 E&G PROJECTS TOTAL 30,064,872 1,346,000 0 28,718,872 14,359,436 0 0 14,359,436 0 0 28,718,872

AUXILIARY PROJECTS HEPC - Health, Life Safety & ADA BSC 16 Student Center Elevator 200,000 G 1 1 1 0 0 200,000 200,000 200,000 Install Sprinklers & Standpipe Sys. in CU 17 Towers 1,020,000 G 1 1 2 510,000 0 510,000 510,000 510,000 Wilson Hall Sprinkler & CU 18 Standpipe Installation 184,000 G 1 1 1 0 0 184,000 184,000 184,000 Residence Halls - Fire FSU 11 Suppression 600,000 G 1 2 1 0 0 600,000 600,000 600,000

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Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Boreman Hall Sprinkler WVU 2 Upgrade and HVAC 3,398,500 G 1 2 1 0 0 3,398,500 3,398,500 3,398,500 Jackson's Mill Fire WVU 4 Marshal Code Issues 515,307 G 1 3 1 0 0 515,307 515,307 515,307 WVU 54 Arnold Hall Sprinklers 500,000 G 1 1 1 0 0 500,000 500,000 500,000 Fire Marshall Repairs - WVUIT 16 Residence Halls 565,000 G 1 1 1 0 0 565,000 565,000 565,000 ADA access - Maclin WVUIT 19 Hall 200,000 G 1 1 1 0 0 200,000 200,000 200,000 ADA access- Student WVUIT 20 Union 300,000 G 1 1 1 0 0 300,000 300,000 300,000 Asbestos Removal - WVUIT 23 Residence Hall 750,000 G 1 1 1 0 0 750,000 750,000 750,000 HEPC Sub. Aux. Health, Life Safety, & ADA 8,232,807 510,000 0 7,722,807 0 0 0 0 7,722,807 0 7,722,807

HEPC - Deferred Maintenance BSC 2 Athletic Fields Upgrade 350,000 G 3 1 2 100,000 0 250,000 250,000 250,000 Repaving & Sealing, Parking Lots, Roadways, BSC 5 Signage 150,000 G 3 1 2 75,000 0 75,000 75,000 75,000 Running Track Reseal at CU 15 Stadium 100,000 G 2 1 2 50,000 0 50,000 50,000 50,000 Wilson Hall Bathroom CU 19 Reno. 100,000 G 3 1 2 50,000 0 50,000 50,000 50,000 Sarvey Dormitory Interior CU 20 Renovations 600,000 G 3 1 2 100,000 0 500,000 500,000 500,000 Towers Heating CU 21 Replacement 100,000 G 3 2 2 25,000 0 75,000 75,000 75,000 Replacement of Woodell and Wilson Hall CU 23 Windows 90,000 G 3 2 2 30,000 0 60,000 60,000 60,000 Student Center Ballroom CU 24 Renovation 100,000 G 3 3 2 50,000 0 50,000 50,000 50,000 Memorial Hall PSC 3 Renovations 200,000 G 3 1 2 50,000 0 150,000 150,000 150,000 PSC 5 Parking Improvements 160,000 G 3 1 2 30,000 0 130,000 130,000 130,000 SU 17 Popodicon Renovation 200,000 G 2 1 1 0 0 200,000 200,000 200,000 Campus Wide Sidewalk, Step, and Asphalt WVU 13 Repairs 200,000 G 2 1 1 0 0 200,000 200,000 200,000 Street and sidewalk WVUIT 5 repairs 250,000 G 2 1 1 0 0 250,000 250,000 250,000 Replace windows - WVUIT 26 Residence Halls 900,000 G 2 1 1 0 0 900,000 900,000 900,000

HEPC Agenda Table 2 - Health, LS, ADA, and Def. M.xls Page 5 of 6 161l HIGHER EDUCATION POLICY COMMISSION Table 2 - Health, Life Safety & ADA, and Deferred Maintenance Projects List HEPC & CCTCE Projects 12/01/04

Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Interior and Exterior Renovation - President's WVUIT 28 Residence 250,000 G 2 1 1 0 0 250,000 250,000 250,000 HEPC Sub. Aux. Deferred Maintenance 3,750,000 560,000 0 3,190,000 0 0 0 0 2,940,000 250,000 3,190,000 AUXILIARY PROJECTS TOTAL 11,982,807 1,070,000 0 10,912,807 0 0 0 0 10,662,807 250,000 10,912,807 GRAND TOTAL BOTH E&G AND AUXILIAR 42,047,679 2,416,000 0 39,631,679 14,359,436 0 0 14,359,436 10,662,807 250,000 39,631,679

Project Category codes: Project Status codes:

A = Direct and indirect instructional space 1 = Preliminary planning stage B = Library, computer, communication, and other academic infrastructure 2 = Project under design by A/E 3 = Out to bid or under construction C = Research facilities and equipment D = Physical education and ancillary services E&G facilities Funding Status codes: E = Administrative support services & physical plant improvements F = Campus utility and other major infrastructure 1 = New Request G = Auxiliary, parking, athletic, and recreational facilities 2 = Supplemental Funding Request 3 = Funded and Underway Project Class codes:

1 = Life Safety and ADA 2 = Deferred Maintenance 3 = Building Renewal and Renovations 4 = New Space

HEPC Agenda Table 2 - Health, LS, ADA, and Def. M.xls Page 6 of 6 161m HIGHER EDUCATION POLICY COMMISSION Table 3 - Building, Campus Renewal, and Equipment List HEPC & CCTCE Capital Projects 12/03/04 Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. Project Funding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed

E&G PROJECTS HEPC Building & Campus Renewal Renovation College BSC 12 Library 1,000,000 B 3 1 1 0 0 1,000,000 1,000,000 1,000,000 FSU 2 Turley Center Renovation 3,000,000 A 3 2 1 0 0 3,000,000 3,000,000 3,000,000 FSU 3 Hardway Hall Restoration 1,000,000 E 3 2 2 250,000 0 750,000 750,000 750,000 FSU 5 Feaster Center - AC 1,500,000 D 3 1 1 0 0 1,500,000 1,500,000 1,500,000 FSU 6 Hardway Hall AC 2,000,000 E 3 1 1 2,000,000 2,000,000 2,000,000 College Infrastructure & FSU 13 Landscaping 1,800,000 F 3 2 2 0 0 1,800,000 1,800,000 1,800,000 FSU 14 Infrastructure Upgrade 2,000,000 F 3 1 2 0 0 2,000,000 2,000,000 2,000,000 GSC 8 PE Building Renovation 1,400,000 D 3 1 1 0 0 1,400,000 1,400,000 1,400,000 Smith Hall MU 4 Repairs/Upgrade 13,531,747 A 3 1 2 500,000 6,000,000 7,031,747 7,031,747 7,031,747 Fairfield Stadium Demo & MU 5 Site Dev. 1,800,000 E 3 3 1 0 0 1,800,000 1,800,000 1,800,000 Smith Music Hall MU 9 Repairs/Upgrade 1,531,978 A 3 1 2 300,000 0 1,231,978 1,231,978 1,231,978 Smith Communication MU 11 Repairs/Upgrade 1,894,831 A 3 1 2 400,000 0 1,494,831 1,494,831 1,494,831 Gullickson Hall MU 12 Repairs/Upgrade 5,461,426 D 3 1 2 461,426 0 5,000,000 5,000,000 5,000,000

MU 17 Old Main Repairs/Upgrade 9,179,175 E 3 3 2 1,225,000 0 7,954,175 7,954,175 7,954,175 Boiler Replacements/Lighting SU 25 Systems Phase II 2,200,000 F 3 1 1 0 0 2,200,000 2,200,000 2,200,000 WLSC 3 Site Improvement project 4,000,000 F 3 1 1 0 0 4,000,000 4,000,000 4,000,000 Security System campus WLSC 5 wide 2,500,000 F 1 1 1 0 0 2,500,000 1,250,000 1,250,000 2,500,000 Science labs expansion & WLSC 6 renovation 1,200,000 A 3 1 1 0 0 1,200,000 1,200,000 1,200,000 Criminal Justice Center WLSC 8 underutilized Shaw Hall 2,500,000 A 3 1 1 0 0 2,500,000 2,500,000 2,500,000 Renovation of GSA Building for CEWE WVNCC 7 Program 250,000 E 3 1 1 0 0 250,000 250,000 250,000 Wallace Hall Renovation and Upgrade - Elevator, WVSU 7 etc. 6,000,000 A 3 1 1 0 0 6,000,000 6,000,000 6,000,000 Hill Hall Renovation - WVSU 8 HVAC, ADA elevator, etc. 2,000,000 E 3 1 1 0 0 2,000,000 2,000,000 2,000,000 Fleming Hall ADA, HVAC, WVSU 10 elevator, etc. 4,000,000 D 3 1 1 0 0 4,000,000 4,000,000 4,000,000

HEPC Agenda Table 3a -Bldg. & Campus Renewal.xls Page 1 of 5 161n HIGHER EDUCATION POLICY COMMISSION Table 3 - Building, Campus Renewal, and Equipment List HEPC & CCTCE Capital Projects 12/03/04 Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. Project Funding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Feguson/Lincoln - Phase II WVSU 12 2nd floor academic space 1,500,000 A 3 2 1 0 0 1,500,000 1,500,000 1,500,000 WVSU 14 Campus Electrical Loop 2,000,000 F 3 1 1 0 0 2,000,000 2,000,000 2,000,000 Davis Fine Arts WVSU 16 Renovation and Upgrade 2,000,000 A 3 1 1 0 0 2,000,000 2,000,000 2,000,000 Electrical & HVAC WVUIT 13 Upgrades - Old Main 1,750,000 A 3 1 1 0 0 1,750,000 1,750,000 1,750,000 Asbestos Removal: Old WVUIT 15 Main & Vining Library 1,900,000 E 1 1 1 0 0 1,900,000 1,900,000 1,900,000 Neal D. Baisi Athletic WVUIT 25 Center Renovation 5,395,000 D 3 1 1 0 0 5,395,000 3,395,000 2,000,000 5,395,000 HSC Deferred WVU 27 Maintenance 5,000,000 A 2 1 1 0 0 5,000,000 2,000,000 2,000,000 1,000,000 5,000,000 WVU 30 WVU HSC Classrooms 930,000 A 3 1 1 0 0 930,000 930,000 930,000 HSC Auditorium WVU 36 Renovations 920,000 A 3 1 1 0 0 920,000 920,000 920,000 HEPC Subtotal Building & Campus Renewa 93,144,157 3,136,426 6,000,000 84,007,731 0 0 30,574,175 48,933,556 3,500,000 1,000,000 84,007,731

CCTCE Building & Campus Renewal Logan - Classroom, TV Studio Reno., Security SWVCTC 1 Sys. Project 4,080,195 A 3 1 1 0 0 4,080,195 4,080,195 4,080,195 Williamson Outdoor Student Plaza, New Road, SWVCTC 4 Security Sys. 1,057,450 E 3 1 1 0 0 1,057,450 1,057,450 1,057,450 Wyoming/McDowell Outdoor Plaza, New SWVCTC 6 Drainage & Security Sys. 536,740 E 3 1 1 0 0 536,740 536,740 536,740 Boone/Lincoln Outdoor Plaza, Add'l Parking, SWVCTC 8 Security Sys. 339,200 E 3 1 1 0 0 339,200 339,200 339,200 Plaza Renovation - B&O WVNCC 5 Building Rear 200,000 E 3 1 1 0 0 200,000 200,000 200,000 Davis Hall Teaching- WVUITCTC 2 Learning Center 900,000 A 3 1 1 0 0 900,000 900,000 900,000 Westmoreland and E-Lab WVUITCTC 3 Renovations 600,000 A 3 1 1 0 0 600,000 600,000 600,000 WVUP 8 Renovate Science Labs 758,500 A 3 1 1 0 0 758,500 758,500 758,500 CCTCE Subtotal Bldg. & Campus Renewal 8,472,085 0 0 8,472,085 0 0 6,796,145 1,675,940 0 0 8,472,085

Research Projects - Building & Campus Renewal Chestnut Ridge Research WVU 31 Bldg. Caulking & Masonry 100,000 C 3 2 1 0 0 100,000 100,000 100,000

HEPC Agenda Table 3a -Bldg. & Campus Renewal.xls Page 2 of 5 161o HIGHER EDUCATION POLICY COMMISSION Table 3 - Building, Campus Renewal, and Equipment List HEPC & CCTCE Capital Projects 12/03/04 Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. Project Funding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Chestnut Ridge Research Building 7th Floor WVU 33 Renovation 556,000 C 3 2 1 0 0 556,000 556,000 556,000 HEPC Subtotal - Research B&C Renewal 656,000 0 0 656,000 0 0 0 656,000 0 0 656,000 E&G Bldg. & Campus Renewal Total 102,272,242 3,136,426 6,000,000 93,135,816 0 0 37,370,320 51,265,496 3,500,000 1,000,000 93,135,816

HEPC Instructional Equipment Equipment Needs BSC 13 Electronic Classrooms 400,000 B 3 1 1 0 0 400,000 400,000 400,000 Replace records filing scanning technology WLSC 10 equipment 250,000 E 2 1 1 0 0 250,000 250,000 250,000 Library Technology WLSC 11 Advancements 1,000,000 B 4 1 1 0 0 1,000,000 1,000,000 1,000,000 HEPC Subtotal Instructional Equipment 1,650,000 0 0 1,650,000 0 0 0 1,650,000 0 0 1,650,000

CCTCE Instructional Equipment Capital Equipment and NRCTC 2 Technology 2,000,000 B 4 1 1 0 0 2,000,000 2,000,000 2,000,000 Furniture & fixtures for classrooms in the new WVNCC 2 building 1,500,000 B 4 1 1 0 0 1,500,000 1,500,000 1,500,000 CCTCE Subtotal Instructional Equipment 3,500,000 0 0 3,500,000 0 0 3,500,000 0 0 0 3,500,000 Instructional Equipment Total 5,150,000 0 0 5,150,000 0 0 3,500,000 1,650,000 0 0 5,150,000 E&G PROJECTS TOTAL 107,422,242 3,136,426 6,000,000 98,285,816 0 0 40,870,320 52,915,496 3,500,000 1,000,000 98,285,816

AUXILIARY PROJECTS Building & Campus Renewal BSC 3 Parking Lot - Hatter Hall 300,000 G 3 1 2 50,000 0 250,000 250,000 250,000 Railroad Property - BSC 6 Upgrade Roadway 1,300,000 G 3 2 1 0 0 1,300,000 1,300,000 1,300,000 CU 16 Towers Landscaping 200,000 G 3 1 1 0 0 200,000 200,000 200,000 Roof Replacement- CU 22 Wooddell/Wilson/Stu. Ctr. 300,000 G 3 2 1 0 0 300,000 300,000 300,000 Kennedy Barn Reception FSU 7 Center 400,000 G 3 2 1 400,000 400,000 400,000 Morrow Hall - Entrance FSU 15 Restoration 2,000,000 G 3 1 1 0 0 2,000,000 2,000,000 2,000,000 Duvall-Rosier Field - FSU 16 Drainage & Turf 2,000,000 G 3 1 1 0 0 2,000,000 1,500,000 500,000 2,000,000 Heflin Student Union GSC 1 Renovation 10,500,000 G 3 2 2 9,000,000 0 1,500,000 1,500,000 1,500,000 GSC 6 Pickens Hall Renovation 5,500,000 G 3 1 1 0 0 5,500,000 5,500,000 5,500,000 Morris Stadium GSC 8 Renovation 304,000 G 3 1 1 0 0 304,000 304,000 304,000 Henderson Ctr. MU 16 Repairs/Upgrade 1,340,780 G 3 3 2 300,000 0 1,040,780 1,040,780 1,040,780

HEPC Agenda Table 3a -Bldg. & Campus Renewal.xls Page 3 of 5 161p HIGHER EDUCATION POLICY COMMISSION Table 3 - Building, Campus Renewal, and Equipment List HEPC & CCTCE Capital Projects 12/03/04 Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. Project Funding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Memorial Student Ctr. MU 19 Repairs/Upgrade 1,946,102 G 3 1 2 500,000 0 1,446,102 1,446,102 1,446,102 Baseball Field Relocation SU 18 and New Parking Lot 825,000 G 3 1 1 0 0 825,000 825,000 825,000 West Residence Hall SU 19 Renovation 1,800,000 G 3 1 1 800,000 0 1,000,000 1,000,000 1,000,000 East Residence Hall SU 20 Renovation 1,500,000 G 3 1 1 0 0 1,500,000 1,500,000 1,500,000 SU 22 Miller Hall Renovation 1,400,000 G 3 1 1 0 0 1,400,000 1,400,000 1,400,000 Hum/Social Science Academic Center under WLSC 7 utilized Krise Hall 2,500,000 G 3 1 1 0 0 2,500,000 2,500,000 2,500,000 Gore Hall Renovation WVSU 15 Upgrade 2,000,000 G 3 1 1 0 0 2,000,000 2,000,000 2,000,000 Reedsville Farm WVU 7 Demolition 200,000 G 3 3 1 0 0 200,000 200,000 200,000

Mountaineer Field/Stadium WVU 8 Deck Coating 575,000 G 3 1 1 0 0 575,000 575,000 575,000 Evansdale Residential WVU 9 Center Exterior Repairs 1,500,000 G 3 3 1 0 0 1,500,000 1,500,000 1,500,000 Stalnaker Hall Roof WVU 10 Replacement 644,000 G 3 3 1 0 0 644,000 644,000 644,000 Chemistry Research Building Annex GIS WVU 11 Laboratory 200,000 G 3 3 1 0 0 200,000 200,000 200,000 Jackson's Mill Pool WVU 29 Replacement 470,000 G 3 3 1 0 0 470,000 470,000 470,000 WVU 41 Boreman Hall Roof 216,909 G 3 1 1 0 0 216,909 216,909 216,909 Campus Drive House WVU 50 Demolition 230,000 G 3 2 1 0 0 230,000 230,000 230,000 Braxton Tower Coffee WVU 56 House Expansion 300,000 G 3 3 1 0 0 300,000 300,000 300,000 WVUIT 9 Residence Halls 6,750,000 G 3 1 1 0 0 6,750,000 6,750,000 6,750,000 Upgrade environmental sys. & controls - WVUIT 17 Residence Halls 2,000,000 G 3 1 1 0 0 2,000,000 2,000,000 2,000,000 Exterior Building Repairs - WVUIT 18 Coed Hall 800,000 G 3 1 1 0 0 800,000 800,000 800,000 Upgrade electrical system - WVUIT 21 Residence Halls 500,000 G 3 1 1 0 0 500,000 500,000 500,000 Roof replacement - Maclin WVUIT 22 Hall 250,000 G 3 1 1 0 0 250,000 250,000 250,000 Kitchen Renovations - WVUIT 24 HiRise 500,000 G 3 1 1 0 0 500,000 500,000 500,000 Reno: Lights, Bleachers & WVUIT 27 Concession - Martin Field 400,000 G 3 1 1 0 0 400,000 400,000 400,000

HEPC Agenda Table 3a -Bldg. & Campus Renewal.xls Page 4 of 5 161q HIGHER EDUCATION POLICY COMMISSION Table 3 - Building, Campus Renewal, and Equipment List HEPC & CCTCE Capital Projects 12/03/04 Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. Project Funding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed HVAC renovation - WVUIT 29 Student Union 200,000 G 3 1 1 0 0 200,000 200,000 200,000 HEPC Subtotal Auxiliary B & C Renewal 51,851,791 10,650,000 0 41,201,791 0 0 0 0 40,701,791 500,000 41,201,791

Asphalt Route 2 Parking WVNCC 14 Lot Underpass 250,000 G 3 1 1 0 0 250,000 0 0 0 0 250,000 0 250,000 CCTCE Subtotal Auxiliary B & C Renewal 250,000 0 0 250,000 0 0 0 0 250,000 0 250,000 AUXILIARY PROJECTS TOTAL 52,101,791 10,650,000 0 41,451,791 0 0 0 0 40,951,791 500,000 41,451,791 GRAND TOTAL 159,524,033 13,786,426 6,000,000 139,737,607 0 0 40,870,320 52,915,496 44,451,791 1,500,000 139,737,607

Pro ject Category codes: Project Status codes:

A = Direct and indirect instructional space 1 = Preliminary planning stage B = Library, computer, communication, and other academic infrastructure 2 = Project under design by A/E C = Research facilities and equipment 3 = Out to bid or under construction D = Physical education and ancillary services E&G facilities E = Administrative support services & physical plant improvements Funding Status codes: F = Campus utility and other major infrastructure G = Auxiliary, parking, athletic, and recreational facilities 1 = New Request 2 = Supplemental Funding Request Project Class codes: 3 = Funded and Underway 1 = Life Safety and ADA 2 = Deferred Maintenance 3 = Building Renewal and Renovations 4 = New Space

HEPC Agenda Table 3a -Bldg. & Campus Renewal.xls Page 5 of 5 161r HIGHER EDUCATION POLICY COMMISSION Table 4 - New Capital Projects List HEPC & CCTCE Capital Projects 12/03/04

Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed

E&G NEW PROJECTS HEPC FSU 8 Performance Arts Center 8,000,000 A 4 1 1 0 0 8,000,000 5,000,000 3,000,000 8,000,000 Robert C Byrd Aerospace FSU 18 Expansion 7,000,000 A 4 1 1 0 0 7,000,000 7,000,000 7,000,000 Forensic Science Ctr. MU 8 (2nd Floor Buildout) 450,000 A 4 3 1 0 0 450,000 450,000 450,000 MU 21 Teays Center 3,000,000 A 4 1 1 0 0 3,000,000 3,000,000 3,000,000 MU 22 Visual Arts Center 16,500,000 A 4 1 1 0 1,100,000 15,400,000 15,400,000 15,400,000 MU 24 MOVC Science Addition 1,500,000 A 4 1 1 0 0 1,500,000 1,500,000 1,500,000 Ctr. for Econ. MU 25 Dev./Distance Learning 8,000,000 D 4 1 1 0 0 8,000,000 8,000,000 8,000,000 SU 5 Visual Arts Building 40,000,000 A 4 1 1 0 0 40,000,000 20,000,000 20,000,000 40,000,000 Computer Sciences SU 6 Classroom Building 10,000,000 A 4 1 1 0 0 10,000,000 10,000,000 10,000,000 Maintenance and Service SU 16 Center 6,800,000 F 4 1 1 0 0 6,800,000 6,800,000 6,800,000 King Street SU 24 Pedestrianization 2,000,000 F 4 1 1 0 0 2,000,000 2,000,000 2,000,000 Center for Clinical WVSOM 7 Evaluation 7,000,000 A 4 1 1 0 0 7,000,000 7,000,000 7,000,000 Phase 1-capital expenditure project WVSU 1 Academic Bldg. 4,000,000 A 4 1 1 0 0 4,000,000 4,000,000 4,000,000 Academic Classroom WVSU 3 Building 5,000,000 A 4 1 1 0 0 5,000,000 5,000,000 5,000,000 WVSU 4 Multipurpose Building 10,000,000 D 4 1 1 0 0 10,000,000 10,000,000 10,000,000 WVSU 5 Natatorium 10,000,000 D 4 1 1 0 0 10,000,000 10,000,000 10,000,000 WVSU 6 Media Center Building 22,000,000 A 4 1 1 0 0 22,000,000 22,000,000 22,000,000 WVSU 9 Cole Complex Addition 3,000,000 A 4 1 1 0 0 3,000,000 3,000,000 3,000,000 WVU 23 HSC Eastern Division 5,893,000 A 4 3 2 3,893,000 0 2,000,000 2,000,000 2,000,000 WVU 44 Forensics Lab 232 290,000 A 4 1 1 0 0 290,000 290,000 290,000 HEPC Subtotal E&G New Products 170,433,000 3,893,000 1,100,000 165,440,000 0 8,500,000 43,450,000 90,490,000 0 23,000,000 165,440,000

CCTCE Community College MCTC 1 Facilities 13,000,000 A 4 1 2 0 3,500,000 9,500,000 0 0 9,500,000 0 0 0 9,500,000 Greenbrier Center - NRCTC 1 Additional Building 600,000 A 4 1 1 0 0 600,000 600,000 600,000 NRCTC 3 Nicholas County Addition 1,000,000 A 4 1 1 0 0 1,000,000 1,000,000 1,000,000 Logan-Outdoor Classroom, Social Area, Add'l Parking, Traffic SWVCTC 2 Light 1,500,000 E 4 1 1 0 0 1,500,000 1,500,000 1,500,000

HEPC Agenda Table 4 - New Projects List.xls Page 1 of 4 161s HIGHER EDUCATION POLICY COMMISSION Table 4 - New Capital Projects List HEPC & CCTCE Capital Projects 12/03/04

Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Williamson-Classroom, Office Reno, Armory Bldg SWVCTC 3 Purchase & Reno. 5,269,900 E 4 1 1 0 0 5,269,900 5,269,900 5,269,900

Wyoming/McDowell-Add'l SWVCTC 5 Classrooms & Reno 3,640,000 A 4 1 1 0 0 3,640,000 3,640,000 3,640,000 Boone/Lincoln-Add'l Classrooms & Offices, SWVCTC 7 2nd Floor Add. 5,690,576 A 4 1 1 0 0 5,690,576 5,690,576 5,690,576 Construction of Safety WVNCC 1 Pedestrian Bridges 344,000 E 1 1 1 0 0 344,000 344,000 344,000 Plaza In Front of New WVNCC 4 Building 100,000 E 4 1 1 0 0 100,000 100,000 100,000 Renovation of GSA Building for CEWE WVNCC 7 Program 250,000 F 4 1 1 0 0 250,000 250,000 250,000

WVNCC 15 Purchase of CSX Property 220,000 E 4 1 1 0 0 220,000 220,000 220,000 Academic Classroom WVSCTC 1 Building 5,000,000 A 4 1 1 0 0 5,000,000 5,000,000 5,000,000 WVUP 10 New Library 5,050,000 B 4 1 1 0 0 5,050,000 5,050,000 5,050,000 CCTCE Subtotal E&G Products 41,664,476 0 3,500,000 38,164,476 0 0 30,924,576 7,239,900 0 0 38,164,476

E&G NEW RESEARCH PROJECTS Natural Sciences, Research & Land Grant WVSU 13 Research 10,000,000 C 4 1 1 0 0 10,000,000 10,000,000 10,000,000 B. Rockefeller WVU 5 Neurosciences Bldg 40,920,000 C 4 3 2 29,675,000 0 11,245,000 3,800,000 7,445,000 11,245,000 WVU 39 HSC Research Labs 6,400,000 C 4 1 1 0 0 6,400,000 6,400,000 6,400,000 Expansion of Mary Babb WVU 46 Randolph Cancer Center 12,531,000 C 4 1 1 0 0 12,531,000 12,531,000 12,531,000 HEPC Subtotal E&G New Research Projects 69,851,000 29,675,000 0 40,176,000 0 13,800,000 7,445,000 6,400,000 12,531,000 0 40,176,000 TOTAL E&G NEW PROJECTS 281,948,476 33,568,000 4,600,000 243,780,476 0 22,300,000 81,819,576 104,129,900 12,531,000 23,000,000 243,780,476

AUXILIARY PROJECTS HEPC BSC 4 Student Housing 8,500,000 G 4 1 2 100,000 0 8,400,000 8,400,000 8,400,000 Lease of Gas Company BSC 14 Lot, Parking Upgrade 400,000 G 4 1 1 0 0 400,000 400,000 400,000 Student Center Air BSC 15 Conditioning 300,000 G 4 1 1 0 0 300,000 300,000 300,000 Alumni & Development CU 10 Office Facilities 500,000 G 4 1 2 250,000 0 250,000 250,000 250,000 Parking Facilities & Land CU 11 Acquisition 1,100,000 G 4 1 1 0 0 1,100,000 1,100,000 1,100,000

HEPC Agenda Table 4 - New Projects List.xls Page 2 of 4 161t HIGHER EDUCATION POLICY COMMISSION Table 4 - New Capital Projects List HEPC & CCTCE Capital Projects 12/03/04

Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed Capital Equip. CU 14 Replacement 50,000 G 4 1 1 0 0 50,000 50,000 50,000 FSU 12 Land Acquisition 1,500,000 G 4 2 2 500,000 0 1,000,000 1,000,000 1,000,000 Student Health Wellness MU 3 Center 18,500,000 G 4 2 2 0 4,000,000 14,500,000 14,500,000 14,500,000 MU 10 Marching Band Building 300,000 G 4 1 1 0 0 300,000 300,000 300,000 MU 23 Land Purchase 1,000,000 G 4 1 1 0 0 1,000,000 1,000,000 1,000,000 New Riding Arena/Stable PSC 2 Facilities 175,000 G 4 1 2 87,500 0 87,500 87,500 87,500 Student Recreation PSC 7 Center 3,600,000 G 4 1 1 50,000 0 3,550,000 3,550,000 3,550,000 Campus Entrances and SU 7 Borders Definition 500,000 G 4 1 1 0 0 500,000 500,000 500,000 New West Campus SU 8 Residence Complex 21,000,000 G 4 2 1 0 0 21,000,000 21,000,000 21,000,000 Butcher Swimming Pool Addition and Wellness SU 12 Center 8,000,000 G 4 1 1 0 0 8,000,000 8,000,000 8,000,000 SU 13 New University Center 10,550,000 G 4 1 1 0 0 10,550,000 10,550,000 10,550,000 SU 14 Artificial Turf 1,600,000 G 4 1 1 0 0 1,600,000 1,600,000 1,600,000 SU 21 Parking Structure 6,000,000 G 4 1 1 0 0 6,000,000 6,000,000 6,000,000 SU 23 Campus Residence II 12,500,000 G 4 1 1 0 0 12,500,000 12,500,000 12,500,000 WLSC 12 ASRC Funding 2,000,000 G 4 1 1 0 0 2,000,000 2,000,000 2,000,000 WVSOM 8 Property Acquisition 2 150,000 G 4 1 1 0 0 150,000 150,000 150,000 WVSOM 9 Property Acquisition 3 100,000 G 4 1 1 0 0 100,000 100,000 100,000 Phase 1-capital expenditure request Land WVSU 2 Acquisition 1,000,000 G 4 1 1 0 0 1,000,000 1,000,000 1,000,000 New Farm Manager's House - Animal Science WVU 14 Farm 180,000 G 4 3 1 0 0 180,000 180,000 180,000 HSC National Education WVU 22 & Technology Center 17,449,000 G 4 3 2 13,949,000 0 3,500,000 3,500,000 3,500,000 Health Sciences Center WVU 28 Lot 81 to 85 Connector 800,000 G 4 2 1 0 0 800,000 800,000 800,000 Boreman Hall Kitchen WVU 65 Addition 1,000,000 G 4 1 1 0 0 1,000,000 1,000,000 1,000,000 HEPC Subtotal Auxiliary Projects 118,754,000 14,936,500 4,000,000 99,817,500 0 0 0 0 99,567,500 250,000 99,817,500

CCTCE Purchase of 17th Street WVNCC 3 from City of Wheeling 567,000 G 4 1 1 0 0 567,000 567,000 567,000 Purchase Woolashanan Property/Robinson Lot for WVNCC 10 parking 185,000 G 4 1 1 0 0 185,000 185,000 185,000

HEPC Agenda Table 4 - New Projects List.xls Page 3 of 4 161u HIGHER EDUCATION POLICY COMMISSION Table 4 - New Capital Projects List HEPC & CCTCE Capital Projects 12/03/04

Funds on Hand FY05 Funding Request FY06 Instit. Auxiliary Private Net Total HEPC HEPC Funding Lottery Remaining General Federal System E&G Capital Fee & Other Remaining Inst Project Proj. Proj. ProjectFunding Available Bond Funds Revenue Revenue Bonds Revenue Revenue Funding Funds Inst Pr # Project Name Cost Cat. Class Status Status FY05 Funding Needed FY06+ FY06+ FY06+ FY06+ FY06+ FY06+ Needed

Acquisition & Demolition WVNCC 11 of United Electric Building 400,000 G 4 1 1 0 0 400,000 400,000 400,000 Construction of Parking WVNCC 12 Lot - United Electric 175,000 G 4 1 1 0 0 175,000 175,000 175,000 Acquisition of JD Miller Law Office Building & WVNCC 13 Demolition 600,000 G 4 1 1 0 0 600,000 600,000 600,000 Publishing Innovation WVUITCTC 2 Center 400,000 G 4 1 1 0 0 400,000 0 0 400,000 0 400,000 Replace College WVUP 7 Telephone Switch 190,000 G 3 1 1 0 0 190,000 190,000 190,000 Campus Walkways and Connections & Other WVUP 9 Improvements 421,000 G 4 1 1 0 0 421,000 421,000 421,000 CCTCE Subtotal Auxiliary Projects 2,938,000 0 0 2,938,000 0 0 0 0 2,938,000 0 2,938,000 TOTAL AUXILIARY PROJECTS 121,692,000 14,936,500 4,000,000 102,755,500 0 0 0 0 102,505,500 250,000 102,755,500

GRAND TOTAL NEW CAPITAL PROJECTS 403,640,476 48,504,500 8,600,000 346,535,976 0 22,300,000 81,819,576 104,129,900 115,036,500 23,250,000 346,535,976

Project Category codes: Project Status codes:

A = Direct and indirect instructional space 1 = Preliminary planning stage B = Library, computer, communication, and other academic infrastructure 2 = Project under design by A/E C = Research facilities and equipment 3 = Out to bid or under construction D = Physical education and ancillary services E&G facilities E = Administrative support services & physical plant improvements Funding Status codes: F = Campus utility and other major infrastructure G = Auxiliary, parking, athletic, and recreational facilities 1 = New Request 2 = Supplemental Funding Request Project Class codes: 3 = Funded and Underway

1 = Life Safety and ADA 2 = Deferred Maintenance 3 = Building Renewal and Renovations 4 = New Space

HEPC Agenda Table 4 - New Projects List.xls Page 4of 4 161v WV COUNCIL FOR COMMUNITY & TECHNICAL COLLEGE EDUCATION Table 5 - CCTCE Capital Project Priorities 11/23/04

Funds on Hand FY05 Funding Request FY06 Institution Net Project Dates Total HEPC HEPC Funding Lottery General System E&G Remaining Inst Council Start Finish Project Project Project Project Funding Available Bond Revenue Bonds Revenue Funds Inst Pr # Pr # MM/YY MM/YY Project Name Cost Category Class Status Status FY05 Funding FY06+ FY06+ FY06+ Needed

FUNDED PROJECTS WVUP 1 Sep-04 Jun-07 Classroom Tower Subsidence Issues 2,735,000 A 1 1 3 0 2,735,000 0 0 0 0 Note: This funding will stabilize the original WVUP classroom building built per the architect's recommendation. A solution / plan needs to be developed by WVU to permanently deal with the subsidence and structural problem.

E&G PROJECTS Partially Funded MCTC 1 1 Community College Facilities 13,000,000 A 4 1 2 0 3,500,000 0 9,500,000 0 9,500,000

Deferred Maintenance WVUITCTC 1 2 Davis Hall Repair (HVAC, waterproof, windows, drainage, ACM) 800,000 A 2 1 1 0 0 400,000 400,000 800,000 WVNCC 8 3 Jul-05 Dec-07 B&O Building Upgrades & Science Lab Renovation 582,400 A 2 1 1 0 0 291,200 291,200 582,400 WVUP 4 4 Oct-05 Jun-06 Health Lab, Lecture Hall & HVAC Reno./Replace Roof 913,750 A 2 1 1 0 0 456,875 456,875 913,750 Subtotal 2,296,150 0 0 1,148,075 0 1,148,075 2,296,150

Building & Campus Renewal WVUITCTC 2 5 Davis Hall Teaching-Learning Center 900,000 A 3 1 1 0 0 900,000 900,000 SWVCTC 1 6 Jul-05 Jun-09 Logan - Classroom, TV Studio Reno., Security Sys. Project 4,080,195 A 3 1 1 0 0 4,080,195 4,080,195 Subtotal 4,980,195 0 0 0 4,980,195 0 4,980,195

Equipment WVNCC 2 7 Sep-05 Jan-06 Furniture & fixtures for classrooms in the new building 1,500,000 B 4 1 1 0 0 1,500,000 1,500,000 NRCTC 2 8 May-06 Aug-09 Capital Equipment and Technology 2,000,000 B 4 1 1 0 0 2,000,000 2,000,000 Subtotal 3,500,000 0 0 0 3,500,000 0 3,500,000

New Buildings & Facilities WVSCTC 1 9 Jul-05 Jul-06 Academic Classroom Building 5,000,000 A 4 1 1 0 0 5,000,000 5,000,000 NRCTC 1 10 Apr-05 Jun-07 Greenbrier Center - Additional Building 600,000 A 4 1 1 0 0 600,000 600,000 Subtotal 5,600,000 0 0 0 5,600,000 0 5,600,000 E&G PROJECTS TOTAL 29,376,345 0 3,500,000 1,148,075 23,580,195 1,148,075 25,876,345

EWVCTC No new capital projects requested for FY 2006 0 0 0 0 SCTC No new capital projects requested for FY 2006 0 0 0 0

Project Category codes: Project Status codes:

1 = Preliminary planning stage A = Direct and indirect instructional space 2 = Project under design by A/E B = Library, computer, communication, and other academic infrastructure 3 = Out to bid or under construction C = Research facilities and equipment D = Physical education and ancillary services E&G facilities Funding Status codes: E = Administrative support services & physical plant improvements F = Campus utility and other major infrastructure 1 = New Request 2 = Supplemental Funding Request GProject = Auxiliary, Class codes: parking, athletic, and recreational facilities 3 = Funded and Underway

1 = Life Safety and ADA 2 = Deferred Maintenance 3 = Building Renewal and Renovations 4 = New Space

HEPC Agenda Table 5 - CCTCE Capital Project List.xls Page 1 of 1 161w West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of Project to Rehabilitate Main Classroom Building

INSTITUTION: West Virginia University at Parkersburg

COMMITTEE: Finance Committee

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the structural rehabilitation plan for the Main Classroom Building at West Virginia University at Parkersburg as approved by the West Virginia University Board of Governors.

STAFF MEMBER: Richard Donovan

BACKGROUND:

This following agenda item was prepared in advance of a meeting, scheduled for December 6, 2004, among representatives of West Virginia University, West Virginia University at Parkersburg, and engineers analyzing the structural issues concerning West Virginia University at Parkersburg’s Main Classroom Building. West Virginia University staff will report on the results of that meeting at the West Virginia Higher Education Policy Commission’s December 15, 2004 meeting.

The West Virginia Higher Education Policy Commission is asked to approve a structural rehabilitation plan for the Main Classroom Building at West Virginia University at Parkersburg as approved by the West Virginia University Board of Governors. The Board of Governors approved the expenditure of up to $2,735,000 to rehabilitate the facility consistent with an initial engineering analysis. Funding will be provided from Higher Education Policy Commission system revenue bond proceeds.

The Main Classroom Building at West Virginia University at Parkersburg was constructed in 1968 to serve as the primary building for the new community college then named Parkersburg Community College. The original 114,000 square foot facility was built to provide classrooms, laboratories, a cafeteria, a library and a small theater. Building additions constructed in the 1970s and 1980s created a new library wing, multipurpose activity center and cafeteria. This construction allowed space to be reconfigured in the Main Classroom Building. The building complex now provides over 225,000 square feet of occupiable space. In its current state, the building exhibits cracking in the façade brick and interior masonry units of the north stair tower in the three-story classroom building. This cracking is attributed to the poor bearing soils, which shrink or swell under varying moisture conditions. In addition, the structural system of the building needs to be supplemented with bracing to withstand lateral forces.

162 West Virginia University at Parkersburg Capital Improvement Project to Rehabilitate Main Classroom Building

STATEMENT OF PROJECT OBJECTIVES: The proposed rehabilitation of the Main Classroom Building is intended to address the following items: - Design/Install new structural bracing for the two and three story portions of the building. - Design/Construct a new façade and structural improvements to the north stairwell of the three-story classroom building. - Design/Install a means to provide anchorage to attach the existing masonry walls to the structural frame. - Provide a temporary means of egress to allow building occupancy during the rehabilitation. - Design/Construct a system that will divert moisture away from the foundations to stabilize soil expansion.

Estimated Cost: $2,735,000 Construction Schedule: July 2005 - July 2006

IDENTIFICATION OF ALTERNATIVES: The alternative for this project would be to demolish the present structure and build a new facility. The estimated cost of replacing the structure is approximately $24 million.

RELATIONSHIP TO AND/OR IMPACT ON THE MASTER PLAN: This project will maintain the quality of education for students on the Parkersburg Campus. While not an area directly addressed or analyzed during the Master Plan process, this project falls within the mission and vision established by the Master Plan for the University. This project will keep the existing structure in use so that other capital funds, as they become available, may be used to add and renovate space to meet needs identified in the Master Plan.

IMPACT OF THE PROJECT ON THE INSTITUTION’S OPERATION BUDGET AND ADDITIONAL STAFFING REQUIREMENTS: The rehabilitation is anticipated to reduce maintenance costs for the Parkersburg Campus and will not require additional staffing.

DESCRIPTION OF THE PROJECT PROGRAM AND HOW IT FITS WITHIN THE APPROVED MISSION STATEMENT OF THE INSTITIUTION: The project will enable West Virginia University at Parkersburg to continue using its present major facility, the Main Classroom Building, into the future. This will allow West Virginia University at Parkersburg to serve the educational needs of the public and satisfy the requirements of the institution’s mission statement.

163 West Virginia Higher Education Policy Commission COMMITTEE OF THE WHOLE

DECEMBER 15, 2004

AGENDA

A. Consent Agenda

1. Report on West Virginia State University Compliance Audit ...... pg 164

2. Final Approval of Series 47, Commission Organization and Meetings...... pg 178

3. Final Approval of Medical Student Loan Program Rule...... pg 182

4. Annual Report on HEAPS Grant Program...... pg 198

B. Presentation by Advisory Council of Students...... pg 213

C. Legislative Committee...... pg 214

D. Salary Policy Report to LOCEA ...... pg 215

E. Compact Update Approval...... pg 217

West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Compliance Audit Report

INSTITUTION: West Virginia State University

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission accepts the report for West Virginia State University policy compliance audits conducted in November 2003.

STAFF MEMBER: Dennis Taylor

BACKGROUND:

Staff for the Higher Education Policy Commission conducted policy audits for West Virginia State University during November 2003 in the areas of human resources, financial aid, and academic programs and policies. The purpose of the audit was to ascertain compliance in related areas with state and federal laws, Commission policies and best management practices. The findings and recommendations for the human resources and academic audits appear on the following pages.

Commission staff intends to conduct a follow-up human resources audit during FY 2004 to re-examine PIQs and job descriptions, evaluations, I-9 files, and institutional policies to ensure that significant deficiencies have been addressed. Commission staff also intends to conduct a new financial aid audit because of deficiencies in the financial aid audit. Commission staff does not deem any follow-up from the academic audit necessary.

164 WEST VIRGINIA STATE UNIVERSITY

HUMAN RESOURCES AUDIT

November 2003

Areas for the Audit

1. Review of Personnel Files

Methodology Personnel files of twenty-four (24) non-classified and one hundred sixty-three (163) classified employees were randomly selected and reviewed. The following items were examined:

• Current PIQ or Job Description • Performance Evaluations/Probationary Evaluations • Benefit Information • WV-11s • Change of Status Letters • Reclassification Requests

PIQs/Job Descriptions

Findings Non-classified employees do not have current job descriptions or a non-classified position information questionnaire (PIQ). The most recent advertisement for the position is utilized as the job description. Eight (8) of the reviewed files did contain copies of the advertisement for the position.

Classified employees had PIQs on file.

Recommendations Position information questionnaires (PIQs) should be completed for non-classified employees. The Higher Education Policy Commission office has a non-classified PIQ that the institution could utilize for this purpose.

Evaluations

Findings Evaluations for thirteen (13) non-classified employees were reviewed. Five (5) evaluations were completed in 2003 for the twenty-four (24) employee files reviewed. One (1) other non-classified employee was evaluated in 2002. Of the other six (6) evaluations in the files, the dates ranged from 1999 to 1985.

165 Evaluations on file for classified employees ranged from eighteen (18) completed in 2003 to a file with a 1978 evaluation as the most recent evaluation. Seventy-three (73) files had completed six-month probationary evaluations, but no three-month evaluations. West Virginia State University is in violation of W. Va. Code § 18B-9-12, which provides:

Each full-time classified employee hired by the governing boards shall serve an initial six-month probationary period. At the end of said probationary period the employee shall receive a written evaluation of his or her performance. The employee’s supervisor shall meet with the employee and explain the contents of said evaluation and whether the employee is being offered regular employment.

Recommendations A follow-up process should be developed to be certain that every supervisor completes a performance appraisal and that it is signed and forwarded to Human Resources.

The yearly evaluation process for non-classified and classified employees is sporadic at best. The completed evaluations were prepared on different forms. A standard form and procedure needs to be developed. Training for all supervisors should be conducted prior to putting the new evaluation procedure into place. The Human Resources Office should be responsible for tracking the completion of all evaluations.

Institution Response Performance evaluations are monitored on a monthly basis during the probationary period of employees. Annual evaluation and other evaluation procedures are followed by the Human Resources Office. All recommendations will be implemented by the appropriate Vice President.

Commission Reply Commission staff found little evidence to suggest that the Human Resources Office follows evaluation procedures or monitors performance evaluations of probationary employees. Only 4% of non-classified files and 11% of classified files contained a recent evaluation. Additionally, only 44% of classified files contained six-month evaluations.

Benefit Information

Findings None. The benefit files were up to date and well organized. Forms and other information related to non-classified and classified employees’ benefits were readily available.

166 WV-11s

Findings None. WV-11s for non-classified employees were up to date and complete. WV-11s for classified employees were up to date and complete. The forms for the July 1, 2003 changes in the physical plant job family titles and pay grades were completed and filed.

Change of Status Notifications

Findings None. Change of status letters for non-classified and classified employees related to fiscal year changes in salary and increment are prepared and maintained in a file in the President’s Office.

Change of status letters for classified employees such as the physical plant employees were prepared by the Human Resources Office and sent to each employee who had a change in status. When an employee retires, resigns or has a leave of absence from the college, a change of status letter is not prepared.

Recommendations A copy of the fiscal year letters prepared by the President’s Office should be forwarded to the Human Resources Office for the personnel file. In addition, the Human Resources Office should notify employees of a change in employment status regardless of the type of change.

Institution Response A copy of the fiscal year letters will be forwarded to the Office of Human Resources.

Classification Review Requests

Findings Classification review requests were appropriately filed. However, a response to the employee related to the review results was not prepared for every review completed.

Recommendations The Human Resources Office should notify the supervisor and employee with the results of all classification reviews.

Institution Response In response to this finding, it should be noted that a memorandum entitled “Employee Payroll Information” is used for all employees whose status changes. The files regarding this matter were not reviewed in [their] entirety. This letter has always been used in the past for this matter. This will be addressed by the Human Resources Office.

167 Commission Reply The files were reviewed in their entirety. The responses to these reviews were inconsistent as some were addressed to the employee, some to the supervisor, and some for change in payroll. The memo that was reviewed could still be utilized for notification purposes; however, the memo should make clear that the employee, supervisor, and next level manager are made aware of the results and any impending changes in title and/or pay grade.

2. Review of I-9 File

Methodology All I-9 forms for the institution were reviewed for content and signatures.

Findings The I-9 file contained 24 forms which were incomplete.

Recommendations The I-9 form is required for all employees by the Immigration and Naturalization Service. West Virginia State University should review the current file and be certain that every employee has a completed I-9 on file. The Human Resources Office should be responsible for seeing that each new hire completes the I-9 form during orientation.

Institution Response In response to the finding, I-9 forms will be completed during the fall semester. The Human Resource Office will be responsible for this.

Commission Reply The completion and maintenance of the I-9 forms is extremely important because of the possibility of large fines for non-compliance. It is strongly recommended that I-9 forms be reviewed carefully and that immediate action be taken to correct all deficiencies.

3. Review of Institutional Policies

Methodology Copies of the following institutional policies were reviewed:

• Draft Procedural Rule #7—Holidays • Draft Procedural Rule #11—Balance of Part-time/Full-time Classified Employees • Draft Procedural Rule #12—Classified Employees • Procedural Rule #2—Salary Policy • Procedural Rule #4—Seniority as Related to Reduction in Work Force • Classified Staff Handbook 2003

168 Draft Procedural Rule #11

Findings and Recommendations Section 2.3. This section refers to part-time classified employees and references an FTE of .53 or less. However, a higher education employee at a .53 FTE or greater is a full- time regular employee. The rule should indicate .52 FTE or less. Higher Education Policy Commission rule Series 8 provides the definitions for types of classified employees.

Draft Procedural Rule #12

Findings and Recommendations Section 2. This section does not define a full-time regular employee. Section 3. The section on part-time and temporary employees repeats information covered in Draft Procedural Rule #11. Section 4. The institution should include a policy statement concerning work schedules rather than indicating a policy is required. Section 8. The institutions should include a policy statement concerning posting of classified positions rather than indicating that a policy is required.

Procedural Rule #2

Findings and Recommendations Procedural Rule #2 does not have an effective date or a statement that the Board of Governors approved the rule. Section 2.2 related to classified staff salaries should be reviewed and updated.

Procedural Rule #4

Findings and Recommendations Procedural Rule #4 does not have an effective date or a statement that the Board of Governors approved the rule. W. Va. Code Section §18B-7-1 related to reductions in force should be reviewed and compared to Procedural Rule #4 to make certain that the rule does not violate any provision of this section.

Classified Staff Handbook 2003

Findings and Recommendations Classified Staff Handbook 2003 needs to be revised and updated to reflect changes which have occurred in State Code governing items such as probationary period, compensatory time off, grievance procedures, and workers’ compensation.

Institution Response Changes have been made regarding policies and are in the process of being made in relation to the staff handbook.

169 WEST VIRGINIA STATE UNIVERSITY

ACADEMIC AUDIT

November 2003

Areas for the Audit

1. Faculty Credentials

• Do faculty hold terminal degrees? What percentage? • Are degrees appropriate for the instructional assignment?

Methodology Personnel files of full-time faculty were reviewed.

Findings Fifteen faculty files were randomly selected for the audit of credentials and instructional loads for full-time faculty. The total number of full-time faculty teaching in the baccalaureate program is 119. Of this number, fifteen are employed outside the tenure track, while the remainder are either tenured or tenure-track faculty. Of the 104 tenured or tenure-track faculty, 75 or 72.12% hold the terminal degree, typically the doctorate.

The Community and Technical College has 26 full-time faculty. Most hold the master’s degree. The instructional assignments are appropriate to the credentials of the faculty.

The files of full-time faculty are complete. Graduate transcripts are included in the files. Of the records consulted, all faculty held graduate degrees appropriate to the instructional assignment.

Recommendation None. The faculty records in regard to credentials are complete.

2. Faculty Loads

• Check of faculty loads (course credits taught) • Total student enrollment (by course section) • Faculty loads (credit hours generated) • Does the college adhere to its faculty instructional load policy?

Methodology Faculty instructional loads for all full-time faculty were reviewed.

170 Findings West Virginia State University has a policy on faculty instructional load. The department chair is responsible for assigning the instructional load for departmental faculty each semester. The typical course load for baccalaureate faculty is twelve credit hours. Faculty teaching in excess of twelve hours typically receive overload compensation at the rate of $425 per credit hour. For the fall 2002 semester, the instructional load for the fifteen faculty whose records were consulted ranged from four to fifteen. Of those faculty with less than twelve-hour instructional loads, released time was provided for reasons of administrative assignments such as departmental chair, general education coordinator, and NCA report coordinator. Those teaching more than twelve hours were generally teaching independent study courses. One faculty member with a fifteen-hour load was teaching a three-credit course on a compensated overload. The data for the spring 2003 semester were essentially the same as those for fall 2002.

The instructional overload policy is similar to other institutions where the mission is primarily baccalaureate education. The college is in substantial compliance with its instructional load policy.

The typical instructional load for CTC faculty is 15 credit hours. There is no instructional faculty load policy, as the HEPC is considering a statewide policy on CTC faculty workload. The CTC faculty instructional loads, however, are well monitored.

Recommendation None. West Virginia State University is in compliance with policy.

3. Faculty Evaluation

• What is the policy and when was it approved by the Board? Is the policy consistent with Series 9? • Does the college adhere to its faculty evaluation policy? • Do all faculty receive annual evaluations?

Methodology Institutional policy on evaluation of faculty and records of evaluations were reviewed.

Findings West Virginia State University has a policy on faculty evaluation which follows the guidelines of HEPC Series 9, Academic Freedom, Professional Responsibility, Promotion and Tenure. Criteria for annual evaluation of faculty are teaching excellence, scholarly activity, and service to the community. Evaluations include student evaluation of instructors and review by the department chair. Records of annual evaluations are in the faculty files. Procedures for evaluation of CTC faculty are essentially the same as those for baccalaureate faculty.

171 Recommendations None. The College complies with the policy on evaluation of faculty.

4. Promotion and Tenure (last three years)

• What is the college promotion and tenure policy? • Does the college adhere to its promotion and tenure policy?

Methodology Records in the Academic Affairs office on promotion and tenure were consulted. All promotion and tenure actions for the last three years were checked.

Findings The West Virginia State University policy on promotion and tenure is in accordance with HEPC Series 9, Academic Freedom, Professional Responsibility, Promotion and Tenure. Criteria for promotion in rank are clearly spelled out in the policy. Evaluation for promotion is multi-faceted and includes student evaluations, in-class observation, record of scholarly attainment, and a review of instructional materials. The recommendation on promotion comes through the campus-wide Committee on Promotion and Tenure. The recommendations of this committee are transmitted to the Vice President of Academic Affairs for concurrence or non-concurrence. The Vice President of Academic Affairs then makes a recommendation to the President whose action is final.

West Virginia State University continues to adhere to the practice of granting ten percent salary increases to faculty who receive promotion. In November 2003, the Board of Governors voted to continue this practice.

The process for handling tenure issues for faculty is similar to that for promotion. The tenure decision normally comes at the end of the sixth year of employment. Faculty on tenure-track appointments either receive tenure by the seventh year or receive terminal appointments.

Records in the Academic Affairs Office on promotion and tenure decisions for the last three years were not complete. While it appears that the promotion and tenure actions were made in accordance with policy, full records of these actions were not available. The Academic Affairs Office needs to maintain a complete and up-to-date file of actions on promotion and tenure.

There is a separate policy for award of promotion and tenure for CTC faculty. Since recent modifications to the West Virginia Code provide for employment of term faculty, i.e. faculty employed outside the tenure track, the policy accommodates this statutory provision. Though the persons employed as term faculty are not tenure-eligible, they may be appointed for renewable terms and are eligible for promotion in rank.

172 Recommendation Though actions on promotions and tenure appear to be taken in accordance with policy, the Academic Affairs Office needs to maintain complete and up-to-date files on promotion and tenure for baccalaureate faculty.

5. Adjunct Faculty

• What is the college policy and is it consistent with HEPC policy? • Does the college adhere to its policy on utilization of adjunct faculty? • Percentage of faculty who are adjuncts • Percentage of class sections taught by adjuncts • Percentage of student credit hours generated by adjuncts • Locus of courses taught by adjuncts, including high schools

Methodology The policy on employment of adjunct faculty and personnel files of adjunct faculty were reviewed.

Findings West Virginia State University and its CTC have an extensive coterie of adjunct (part- time) faculty. The location in the Kanawha Valley provides significant numbers of persons with adequate faculty qualifications. The institution currently has a pool of 152 persons who are employed in an adjunct capacity. Fifty of these are in the CTC. For this audit, files of fifteen faculty were reviewed. Credentials of the faculty were appropriate to the instructional assignment.

The typical instructional load for a part-time faculty member is from three to six hours. Utilization of adjunct faculty is near the average for other state colleges and universities. The percentage of class sections taught by adjuncts is 24 percent and the percentage of student credit hours generated is 26 percent. Compensation for adjunct faculty is presently $425 a credit hour.

Recommendation None. The institution is in compliance.

6. Admission Standards

• What is the WVSU policy on baccalaureate admission? • Does WVSU adhere to the HEPC baccalaureate admission standards?

Methodology Admission records were examined to evaluate WVSU’s adherence to HEPC baccalaureate admission standards. The evaluation focused on meeting two criteria: 1)

173 minimum ACT/GPA standards, and 2) unit requirements. The review team randomly looked at 43 files of students admitted for fall 2003.

Findings All students had the required ACT score of 17 or a GPA of 2.0 as mandated by Series 23, Standards and Procedures for Undergraduate Admissions. Of the 43 records examined, fifteen students had a composite ACT score below 17. These students all had an adequate GPA. With regard to unit requirements, all students had sufficient coursework in English, math, social studies and science. Twelve students met unit requirements through completion of such courses as applied geometry, applied algebra, technical math, conceptual math, technical chemistry and technical physics. Applied geometry was the most popular course and was taken by seven students.

Recommendation The review found complete adherence to HEPC admission policies. Based on a recent advisory from the HEPC Academic Affairs Office, WVSU should review the list of courses determined to meet unit requirements in math and science. The advisory, which was issued based on discussions with officials from the WV Department of Education, suggests that technical and applied courses in math and science are not part of the college preparatory curriculum. In addition, the college needs to carefully examine laboratory courses that have been locally developed by the high school. .

7. Freshman Placement

• What is the institutional policy on freshman placement? • Does the institution adhere to HEPC policy in placement of freshmen in developmental courses? • Percentage of students successfully completing developmental courses • Do students move on to successfully complete credit courses in math and English? Do they graduate? • Comparison of graduation rates with students who have not taken developmental courses

Methodology Student records were examined to evaluate WVSU’s adherence to HEPC policy on placement of freshmen in developmental courses. Random samples of 43 student files were examined. These were students admitted for fall 2003. ACT scores for math and English were checked to determine if they required developmental placement. If a student’s score fell below the prescribed threshold, the registration files were checked to verify developmental placement.

Findings Twenty of the 43 (46%) students had inadequate ACT scores in English. Of the twenty students with deficient scores, 17 students were registered for an English course. Fifteen students were registered for developmental courses while two students were registered

174 for English 101. The files did not provide any indication on why these students were placed in a regular course.

Thirty-four students (79%) had an inadequate math ACT score. Twenty-two of these students were enrolled in an appropriate developmental math course. The remaining students were not enrolled in any math course.

Data provided through data files revealed that the percentage of students successfully completing developmental courses at WVSU is 73%. The graduation rate for students who have enrolled in developmental courses is 19.26% compared to 35.84% for students who have not enrolled in developmental courses.

Recommendation While WVSU is substantially in compliance with HEPC policy regarding freshmen placement, the institution should carefully monitor its freshman placement program to assure adequate levels of student success, particularly in reference to graduation rates.

8. Specialized Accreditation

• Which programs require specialized accreditation? • Are there programs where specialized accreditation is possible, but where accreditation is not held? • Student success in licensure exams and/or requirements?

Methodology Documents on programs with specialized accreditation were reviewed.

Findings Programs holding specialized accreditation for the baccalaureate institutions are teacher education, chemistry, social work, and recreation. One of those programs, teacher preparation, has a licensure exam. Students completing the program are required to pass the Praxis II content exam. The pass rate for the most recent year is 96.7 percent. In the CTC, two programs, nuclear medicine technology (AAS) and paramedic technology (CP) hold specialized accreditation. Each has a licensure exam. In the nuclear medicine technology field, only one candidate has failed to pass the licensure exam in the last six years. The pass rate for the paramedic technology licensure exam is 92 percent.

Recommendation There are no compliance issues. The pass rates for all the programmatic licensure examinations exceed the statewide goal of 90% stated in It All Adds Up.

175 9. Program Review

• Is the institutional policy review of academic programs consistent with Series 10, Policy Regarding Program Review? • Does the institution conduct reviews of academic programs in accordance with institutional and HEPC policies?

Methodology Program review policies and self-studies were examined.

Findings In November 2001, the Board of Governors approved the College to retain its present program review process with the recommendation that a student representative be added to the Program Review Committee. The Program Review Committee is established under the Constitution of West Virginia State University Faculty. In part, the Constitution states that “it shall be the function of this committee to establish program review criteria for the college, to review and evaluate the college’s academic programs on a regular basis and to make recommendations regarding these programs to the Vice President for Academic Affairs (VPAA), via the Senate.” The committee consists of 1) four members elected at large, 2) three faculty appointed by the Senate after consultation with the VPAA and the Provost of the Community and Technical College, and 3) one student. The actual process is not spelled out in any policy. After receiving program recommendations, the VPAA makes a recommendation to the President to accept or reject the proposal. Following this three tier process, the programs are submitted to the Board of Governors for consideration and then to the HEPC.

Recommendation The school is in compliance with HEPC and institutional policies. The College may want to consider adopting more detailed procedures for reviewing programs and more explicit campus policy. In other words, WVSU may want to revisit its policy to assure there is a basis for rigorous and effective program review.

10. College Courses for High School Students.

• Does the institution offer college courses for high school students in the high schools in accordance with the provisions of Series 19, Guidelines for College Courses for High School Students?

Methodology Records relating to college courses offered for high school students in 2002-03 were consulted.

Findings West Virginia State University through its baccalaureate administration provides an extensive program of college courses for high school students. In the 2002 fall semester,

176 a total of 20 courses were offered to 575 students. During the 2003 spring semester, the college offered 18 courses which enrolled 419 students. All the courses were offered in five high schools located in Kanawha County.

The admission requirement is consistent with HEPC policy and requires students to have a 3.00 GPA. Students enrolling in mathematics and English courses must meet the HEPC standards on ACT scores for the math and English subsections of the ACT exam. The institution assesses the statewide tuition charge for high school students enrolled in the college courses for high school students program, currently at $49 per credit hour. Typical courses offered are general studies sections in communications, biology, psychology, English, history, criminal justice, and mathematics.

Recommendation None. WVSU is in compliance.

11. Transfer

• What is the policy on acceptance of credit for students transferring to WVSU? • Does WVSU accept credits as specified in HEPC policy? • Is the WVSU policy on transfer consistent with HEPC policy? • Are there any differences in award of transfer credit depending on where the students take courses they wish to transfer?

Methodology WVSU transfer policies were examined as well as admission records for students transferring to WVSU in fall 2003.

Findings All credits and grades are accepted from accredited colleges. However, the submission of a transcript and subsequent admission to WVSU does not automatically result in a course equivalency evaluation. The student must request the evaluation. Prior to graduation, the Registrar will do an evaluation of prior transcripts. Courses fall into one of four categories – general education, major courses, cognates and electives. The experience at WVSU is that the acceptance of courses for general education credit exceeds the list of courses in the Core Coursework Transfer Agreement. The Registrar’s office works closely with the academic departments to ensure that transfer students receive appropriate credit for prior work. There were no indications of any problems associated with transfer credits.

Recommendations WVSU is in compliance with all policies regarding the transfer of credits. This is being accomplished through the strong relationships that have been built between the Registrar’s office and the academic departments. Since personnel change over time, the institution may want to consider developing a policy that provides for an automatic course equivalency evaluation at the time of admission.

177 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Proposed Procedural Rule Series 47, Commission Organization and Meetings

INSTITUTIONS: All

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the final proposed procedural rule, Series 47, Commission Organization and Meetings

STAFF MEMBER: Bruce Walker

BACKGROUND:

At its October 15, 2004 meeting the Policy Commission directed that the attached proposed rule be filed with the Secretary of State’s office for formal comment. No comments were received.

However, staff became aware of a change in statute that necessitates a change in the original proposed rule. Section 3.4 of the proposed rule originally stated five members of the Policy Commission constituted a quorum. That had been the common practice of the Policy Commission since its inception, in that W. Va. Code § 18B-1B-3(d) reads that “A majority of the members constitutes a quorum for conducting the business of the Commission.” Since the original version of W. Va. Code § 18B-1B-2 setting out the composition of the Policy Commission stated “The Commission is comprised of nine members . . .” then a majority of the nine members was five.

S. B. 448, passed this last legislative session, amended W. Va. Code § 18B-1B-2 to read “The Commission is comprised of ten members. . .” having added the Chair of the Council for Community and Technical College Education as a member. (Emphasis added) Consequently, a majority of the ten members of the Policy Commission for quorum purposes would now be six. Section 3.4 of the proposed rule has been changed to reflect that.

Also, Section 3.12 was changed to reflect that the state code requires the Commission meet with the statewide advisory councils once a year rather than twice.

It is recommended that the Policy Commission approve the proposed rule.

178 TITLE 133 PROCEDURAL RULE HIGHER EDUCATION POLICY COMMISSION

SERIES 47 COMMISSION ORGANIZATION AND MEETINGS

§133-47-1. GENERAL

1.1 Scope – This procedural rule establishes the organization of the West Virginia Higher Education Policy Commission and conduct of its meetings.

1.2 Authority – W. Va. Code § 6-9A-1, 18B-1-6

1.3 Filing Date - ______

1.4 Effective Date - ______

133-47-2. ORGANIZATION

1.5 The officers of the Commission shall be a chair, vice chair and a secretary. Officers shall be elected in June of each year for a one year term commencing on July 1 and ending on June 30 of the following year. Officers may not serve more than two consecutive terms in the same office.

1.6 There shall be three standing committees: the Executive Committee, the Finance Committee and the Academic Policy Committee.

1.6.1 The Executive Committee shall consist of the officers of the Commission, the chairs of the Finance and Academic Policy Committees, and the Commission’s immediate past chair.

1.6.2 The Finance and Academic Policy Committees shall consist of Commission members and chairs appointed by the Chair of the Commission. Each Commission member shall be assigned to either the Finance or Academic Policy Committee.

1.7 Members may be appointed by the Chair of the Commission to special or ad hoc committees.

1.8 All committees shall review and make recommendations to the Commission on matters assigned by the Chair of the Commission or the Executive Committee.

179 133-47-3. MEETINGS OF THE COMMISSION 1.9 Meetings of the Commission will be scheduled approximately six (6) times per year. Special meetings may be convened by the Chair, or upon the petition of a majority of the members. 1.10 Meetings will occur in or near Charleston, West Virginia, or in association with campus visits at a public institution of higher education. 1.11 Members may participate in Commission and committee meetings by telephonic or other electronic means which permit the voice or video identification of the member. 1.12 A quorum of five six members is required to conduct business on matters requiring a vote of the Commission. 1.13 Meetings will be noticed in accordance with the provisions of the Open Governmental Meetings Act. This includes notice of regularly scheduled meetings being filed with the Secretary of State for filing in the State Register at least five days prior to the date of the meeting. 1.14 The agenda for each regularly scheduled meeting will be made available to the presidents of each institution and to the Chairs of the statewide advisory councils of faculty, students, and classified employees at least three working days before the meeting. Agendas shall also be posted on the Commission’s web site. 1.15 The notice provisions of this section shall not apply in the event of an emergency requiring immediate official action. Notice of an emergency meeting may be filed at any time prior to the emergency meeting and shall include the date, time, place and purpose of the meeting and the facts and circumstances of the emergency. 1.16 All meetings of the Commission and the committees shall be open to the public, except the Commission or a committee may vote to hold an executive session during its meeting for any of the reasons authorized under W. Va. § 6-9A-4. A motion to hold an executive session must identify the authorization in W. Va. § 6-9A-4 for the executive session and be approved by a majority of the members present. 1.17 At the discretion of the Chair, members of the Commission’s staff, institutional presidents and administrative staff, faculty members, classified employees and members of the public may be recognized to address the Commission or a committee during its meeting. 1.18 Meetings will be conducted according to Robert’s Rules of Order subject to the suspension of any rule by a majority vote of the Commission or committee. 1.19 The Commission may cause the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised.

180 1.20 At least twice once a year the chair will provide time on the agenda of the Commission to meet with the statewide advisory councils of faculty, students and classified employees to address the Commission on matters of concern to the respective advisory council.

181 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Final Approval of Medical Student Loan Program Rule

INSTITUTIONS: Marshall University School of Medicine, West Virginia Osteopathic School of Medicine and West Virginia University School of Medicine

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the proposed legislative rule for the Medical Student Loan Program, to be filed with the Legislative Oversight Commission on Education Accountability.

STAFF MEMBER: Dennis Taylor

BACKGROUND:

At its meeting of October 15, 2004, the West Virginia Higher Education Policy Commission approved the filing of a legislative rule relating to the Medical Student Loan Program for public comment. The public comment period ended on November 15, 2004. Prior to the public comment period, the rule was distributed to the Presidents, chairs of the statutory advisory councils, and other interested parties for informal comment.

Formal comments regarding the proposed rule were submitted to the Chancellor. The comments and suggestions offered, as well as a description of changes made, are summarized below.

Section 7.2.7, Section 7.3, and Section 8.5 of the rule have been redrafted consistent with Comment No. 1.

Suggested changes to the proposed rule put out for public comment are shown through strike-throughs and underscoring in the attached rule. Suggested changes based upon the comments received during the public comment period are shown in bold font with strike-throughs and underscoring in the previously mentioned sections of the rule.

182 Comments During the Official Public Comment Period

Comment No. 1: All commenters expressed concern about the interest accrual provision in Section 8.5 of the rule. Under the current Medical Student Loan Program rule, interest begins to accrue at the time of repayment. Under the rule sent out for notice and comment, interest would begin to accrue from the date the loan is signed.

One commenter familiar with the Medical Student Loan Program since its inception outlined three purposes behind its establishment: (1) to help offset operating costs at state medical schools; (2) to establish a revolving loan fund to aid recruitment of needy West Virginians to state medical schools; and (3) to aid recruitment of medical graduates to medically underserved areas and to medical specialties in which West Virginia has shortages. See W. Va. Code § 18C-3-3(d). Many commenters expressed concern that the proposed interest accrual change would remove the legislatively- created incentive to help needy West Virginia students attend state medical schools.

Several commenters noted that the increasing debt load of medical students is deterring needy, but qualified, West Virginians from attending medical school. These commenters expressed concern that the proposed rule change concerning interest accrual presents an additional barrier to enrolling these students. They also expressed concern that the proposed rule would deter students from applying for the Medical Student Loan and in effect would destroy the program. Several commenters familiar with the financial aid choices of medical students indicated that the interest accrual change would virtually eliminate any justification for students to take out a loan through the Medical Student Loan Program.

Commenters also raised concerns about the complexity of administering loans with different interest rates and accrual provisions that would treat a current student’s old loans differently from his or her new loans. A commenter also questioned why the rule did not include a provision for a master promissory note that would permit additional disbursements to be made in subsequent years without obtaining a new note.

Response: From the perspective of Commission staff, there are four viable options for dealing with interest accrual: (1) allowing interest to accrue from the date that a student receives the loan; (2) allowing interest to accrue from the date (or one year after the date) that a student ceases to be a full-time student; (3) allowing interest to accrue from the time of repayment, which typically follows residency training; or (4) allowing each institution to determine the date on which interest should begin to accrue. The fundamental issue is which of the four approaches best facilitates legislative goals and administrative efficiencies.

Commission staff has concluded that it is the general consensus of those most familiar with financial aid issues at medical schools that interest should begin to accrue when a former medical student enters repayment and that the Commission should defer to that consensus. Unsubsidized federal loan options

183 already exist to assist needy medical students. The Medical Student Loan Program provides an additional option to assist needy West Virginia students in a more affordable manner. In addition, the use of a master promissory note would result in administrative efficiencies.

Comment No. 2: All who commented supported the Commission’s decision to increase the maximum annual loan from $5,000 to $10,000 per student. One commenter questioned why the loan forgiveness amount was not increased from $5,000 to $10,000, as well.

Response: West Virginia Code provisions governing the Medical Student Loan Program set no limit on the maximum annual loan amount, but do set the loan forgiveness amount at $5,000 annually. See W. Va. Code § 18C-3-2(d).

Comment No. 3: One aid officer inquired as to the amount needed by the Policy Commission office to administer the Program and asked how the money is utilized which is submitted by the three medical institutions to the Policy Commission.

Response: Under the rule, the Commission assesses a total fee of $26,000, which may be adjusted annually, to administer the Medical Student Loan Program. Commission staff is responsible for working with the West Virginia Bureau for Public Health to evaluate requests for loan forgiveness. Commission staff consolidates data and prepares legislative financial reports. In addition, Commission staff has assisted institutions by preparing form documents for use in administering this program.

184 TITLE 133 PROCEDURAL LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 34 MEDICAL EDUCATION FEE AND MEDICAL STUDENT LOAN PROGRAM

§133-34-1. GENERAL

1.1. Scope. These This rules promulgates policy and procedure regarding the establishment of a medical education fee and a medical student loan program.

1.2. Authority. -- W. Va. Code '18B-1-6 and '18C-3-1

1.3. Filing Date. – August 7, 2002

1.4. Effective Date. – September 6, 2002

1.5. Modification of Existing Rule: Title 133, Series 34, Procedural Rule of the West Virginia Higher Education Policy Commission dated September 6, 2002.

§133-34-2. PURPOSE

2.1. The legislation addresses three (3) policy issues: The Rrising state cost of medical education, continued access to medical education by West Virginians who demonstrate financial need, and the geographic and specialty maldistribution of physicians. The purpose of the medical education fee is twofold: First, to provide funds to offset general operating cost at each of the state’s three (3) medical schools, thereby reducing their required level of state support and; second, to provide funding for the loan program. The loan program partially offsets the medical education and general fees paid by medical students to assure continued access to medical school for qualified West Virginians who demonstrate financial need. The loan program also provides loan forgiveness incentives to encourage physicians to practice in designated medically underserved areas or medical specialties.

§133-34-3. MEDICAL EDUCATION FEE ADJUSTMENTS ADMINISTRATION

3.1. The Higher Education Policy Commission is authorized to fix the fee rates for students at each institution and may from time to time change these rates. The Commission envisions increasing the medical education fee

185 incrementally over a number of years until the tuition and fees approximate the national median for public medical schools. The Vice Chancellor for Administration shall be responsible for overseeing the Medical Student Loan Program.

3.2. The West Virginia University School of Medicine, the Marshall University School of Medicine, or the West Virginia School of Osteopathic Medicine shall be responsible for awarding loans to medical students at their respective institutions and for collecting loan payments.

§133-34-4. MEDICAL EDUCATION AND GENERAL FEES COLLECTION AND DISPOSITION DEDICATED TO PROGRAM

4.1. All medical students enrolled for credit at the West Virginia University School of Medicine, Marshall University School of Medicine, and the West Virginia School of Osteopathic Medicine shall pay a medical education fee, except those with authorized and approved Higher Education Policy Commission waivers pursuant to W. Va. Code '18-10-6.

4.21. The Higher Education Policy Commission (Commission) shall annually, or at such other times as it may desire, fix the amount of Medical Education Fee to be assessed resident and nonresident students at shall set minimum amounts of medical students’ education and general fees that the state’s three (3) medical schools. All such fees collected by an institution shall be deposited promptly in the state treasury accounts designated for such purposes. Sixty-seven percent (67%) of the total fees collected at each institution shall be deposited by the institution in the Medical Education Fee account at their institution (to be used to offset general operating expenses of the medical school. The remaining thirty- three percent (33%) of fee receipts shall be transferred promptly to the Commission’s Medical Education Loan Fund. The Commission is authorized to transfer to the loan fund an amount not to exceed thirty-three percent (33%) of the total collections from the medical education fee in any one year. A lesser sum may be transferred; therefore, the Commission may elect by separate action to change the rules and regulations to reduce the proportion of fees transferred to the Loan Fund in future years. must reserve for the Medical Student Loan Program at their respective institutions, shall assess each medical school a fee to offset the Commission’s costs for administration and oversight of the program, and shall set the maximum loan amount available annually.

4.2. Effective July 1, 2004, the following minimum amounts from the education and general fees paid by medical students shall be reserved at the respective medical schools for the purpose of making medical student loans: West Virginia University Medical School $500,000

186 West Virginia School of Osteopathic Medicine $200,000 Marshall University Medical School $100,000

4.3. In addition to the fees collected above, the Commission may deposit to the loan fund any appropriations provided by the Governor and Legislature for this purpose or any other amounts which may be made available for this purpose from external sources, including any interest earned on amounts in the loan fund prior to transfer to the institutions.

4.3. Effective July 1, 2004, the Commission shall assess the respective medical schools the following amounts to offset the Commission’s costs for administration and oversight of the program.

West Virginia University Medical School $16,250 West Virginia School of Osteopathic Medicine $6,500 Marshall University Medical School $3,250

4.4. The Commission shall annually allocate to the institutions all funds which have accumulated in the Commission’s Loan Fund for the previous year. This allocation shall be based upon each institution's proportionate share of Medical Education Fees collected and remitted during the preceding fiscal year. Funds so allocated will be transferred to each institution's general loan account in the State Treasury to be maintained in a separate sub-account therein. In addition to the Commission’s allocation, all other income generated by the institution for the purposes of this program, including principal and interest repayments, private gifts, interest income and the like, should be maintained in this separate sub-account.

4.4 Effective July 1, 2004, the maximum annual amount for an individual loan shall be $10,000.

4.5 Balances remaining in these fund accounts Education and general fees reserved for the benefit of the medical student loan program and any carryover funds remaining at the end of the fiscal year shall not expire or revert. Each medical school shall retain these remaining balances in the special revenue accounts establish for each school in support of this program., but instead shall carry over for use by the institution during the subsequent year.

4.6. Refunds of the medical education fee may be made in the same manner as any other fee collected at state institutions of higher education.

§133-34-5. FINANCIAL MANAGEMENT ELIGIBILITY

5.1. Each institution shall maintain complete and accurate accounting records for all funds received and disbursed under the Medical Education Fee and

187 Loan Program, and shall upon request make such records available to the Legislative Auditor or such other independent auditor as may be designated by the Commission. Receipt and disbursement of funds shall be governed by all applicable state practices and procedures.

5.1. In order to be eligible for this loan, an applicant must meet the following minimum requirements:

5.1.1 Full-time enrollment in an approved state medical school in a program leading to the degree of Doctor of Medicine (M.D.), or Doctor of Osteopathy (D.O.), provided that the individual has not yet received one of these degrees.

5.1.2 West Virginia residency as determined by the institution in accordance with the Commission rule on "Classification of Students for Admission and Fee Purposes."

5.1.3 Financial need as determined by the institution’s financial aid office.

5.2. Each institution shall submit on an annual basis, a report summarizing all receipts and disbursements from the Medical Education Fee and the Loan Program. This report will be in such format and contain such detail as the Commission may prescribe, and shall be due no later than September 15th each year.

5.2. A borrower may be eligible for renewal of the loan if:

5.2.1 The borrower remains in good academic standing and makes satisfactory progress in keeping with the institutional policy for awarding Title IV financial aid funds.

5.2.2 The borrower remains a resident of West Virginia.

5.2.3 The borrower's financial circumstances warrant continuation under the standards established by the institution.

5.2.4 There are available funds sufficient to make the award.

5.3. Before the first day of July of each year, the Commission shall provide the legislative auditor with a report of the projected fee collections for each of the schools of medicine.

5.3. An applicant may not be in default of any previous student loan.

188 §133-34-6. THE HIGHER EDUCAITON POLICY COMMISSION MEDICAL STUDENT LOAN PROGRAM AND FUND APPLICATION AND SELECTION PROCESS

6.1. W. Va. Code '18-3-1 creates a medical student loan program to be administered by the vice chancellor for administration. The purpose of this program is to provide loans to state residents who demonstrate financial need, meet academic standards and are enrolled or accepted for enrollment at West Virginia University School of Medicine, Marshall University School of Medicine, or the West Virginia School of Osteopathic Medicine.

6.1. A student must apply for the award utilizing the institution's standard application process. Typically, this will involve an institutional application and a financial statement. An institution may establish a deadline for applying for the loan.

6.2. Eligibility of Applicants. -- In order to be considered for this award, applicants must meet the following minimum requirements:

6.2.1. Full-time enrollment in an approved state medical school in a program leading to the degree of Doctor of Medicine (M.D.), or Doctor of Osteopathy (D.O.), providing that the individual has not yet received one of these degrees.

6.2.2. Applicant must be a resident of West Virginia as determined by the school in accordance with the Commission rule on "Classification of Students for Admission and Fee Purposes."

6.2.3. Have demonstrated financial need as determined by the Financial Aid Office at the respective medical school.

6.2.4. Continuing students must remain in good academic standing and make satisfactory progress in keeping with the institutional policy for awarding Title IV financial aid funds.

6.2.5. Applicant is not in default of any previous student loan.

6.2. Any student applying for a loan must use his or her social security number when submitting an application. The social security number will be used to verify a student's identity, track applications, authorize loans, verify enrollment and good student status, and track fund disbursement and loan repayment. A student who fails to provide a social security number will not be eligible for a loan.

6.3. Each institution shall select recipients of the award. The number of

189 awards will be determined by the availability of funds in this program at each school in any given academic year. Awards will be processed without regard to age, gender, race, disability, national origin, veteran’s status or religion.

§133-34-7. APPLICATION PROCESS LOAN PROVISIONS AND AGREEMENT

7.1. Students must apply to the institution in which the applicant is registered utilizing the School's standard application process. Typically, this will involve an institutional application and a financial statement. The institution may establish a deadline for applying for this loan.

7.1. Loans may be made and award amounts determined annually for each of the number of years required to complete the course of study. The student-borrower may apply for additional loans for each subsequent academic year of medical school, and the institution may, but shall not be obligated to, make loans to a borrower for such academic year or years.

7.2. Before being granted a loan, each applicant shall receive an award notification issued by the institution on behalf of the Higher Education Policy Commission Medical Student Loan Program. Notifications shall include the following common elements:

7.2.1 Budgeted cost of education.

7.2.2 Expected family contribution (where applicable).

7.2.3 Other resources available to meet educational expenses.

7.2.4 Financial need.

7.2.5 Aid awarded reflecting academic periods in which it will be disbursed.

7.2.6 An indication of unmet financial need.

7.2.7 Any and all such loans shall be subject to the terms and conditions specified in a master promissory note. For each loan received, the borrower will deliver a promissory note on or before the date any disbursement of loan funds is made, and bearing interest at the rate specified in the promissory note.

7.3. The master promissory note shall be an open ended note. All subsequent release of funds at the same interest rate shall be recorded on this promissory note. A new promissory note shall be used for changes in the interest rate, payment date, and other changes deemed

190 necessary and desirable to comply with these regulations or with applicable law.

§133-34-8. SELECTION OF RECIPIENTS LOAN REPAYMENT

8.1. Recipients will be selected each year by institutional officials of the Financial Aid Offices at the three state medical schools, Marshall University, the West Virginia School of Osteopathic Medicine, and West Virginia University. The number of awards will be determined by the availability of funds in this program at each school in any given academic year. Awards will be processed without regard to age, gender, race, disability, national origin, veteran’s status or religion.

8.1. A borrower shall be allowed a maximum of ten (10) years to repay the loan (principal and interest). Periods of authorized deferment (approved additional medical training, including internships, residencies, or fellowships, or required military service, not to exceed five years) are not included as part of the ten-year repayment period. However, the minimum repayment amount shall be no less than fifty dollars ($50.00) per month.

8.2. The first payment shall not be due and payable until one (1) year following the date that the borrower ceases to be a full-time student at a school of medicine eligible to participate in the Medical Student Loan Program. Payments are not due for periods of authorized deferment.

8.3. If the borrower discontinues the study of medicine, loans made together with accrued interest thereon shall be due and payable beginning sixty (60) days from the date of last enrollment.

8.4. There shall be no penalty for early repayment of the loan.

8.5. The rate of interest charged on all outstanding loans awarded on or after September 7, 2002 shall be the prevailing Federal Stafford Loan interest rate at the beginning of the repayment period and shall accrue, except for periods of authorized deferment, from the date the loan is signed beginning of the repayment period.

8.6. In the event of the borrower's death, unpaid indebtedness remaining on the note (principal and interest) shall be cancelled.

§133-34-9. LOAN PROVISIONS AND AGREEMENTLOAN FORGIVENESS

9.1. Loans may be made and award amounts determined annually for each of the numbers of years required to complete the course of study. The student-borrower may apply for additional loans for each subsequent academic year of medical school and the fund may, but shall not be

191 obligated to, make loans to a borrower for such academic year or years.

9.1. A borrower may receive cancellation and forgiveness of the outstanding principal and accumulated interest on the loan in return for the actual performance of full-time service in West Virginia as a physician (M.D. or D.O.) in an approved designated medically underserved area or in an approved designated medical specialty in which there is a shortage of physicians.

9.2. Each applicant, before being granted a loan shall sign an award letter issued by the institution on behalf of the Higher Education Policy Commission Medical Student Loan Fund accepting the award. Letters shall include the following common elements:

9.2.1. Budgeted cost of education.

9.2.2. Expected family contribution (where applicable).

9.2.3. Other resources available to meet educational expenses.

9.2.4. Financial need.

9.2.5. Aid awarded reflecting academic periods in which it will be disbursed.

9.2.6. An indication of unmet financial need.

9.2.7. Any and all such loans shall be subject to the terms and conditions specified in a promissory note. For each loan received, the borrower will deliver a promissory note, payable to the Fund on or before the date any disbursement of loan funds is made, and bearing interest at the rate specified in the promissory note.

9.2. The Commission, in conjunction with the Bureau for Public Health, shall determine qualifying medically underserved geographic areas and medical specialties in which there is a shortage of physicians. An approved listing of underserved areas and qualifying medical specialties shall be published and distributed to the financial aid officers of each participating state school of medicine. At the borrower's request, additional geographic areas may be considered by the Commission and the Bureau for Public Health. Among the criteria are such factors as: Locations where a physician currently in practice will retire creating a shortage or a population shift which will justify additional physicians.

9.3. To be eligible for loan forgiveness, the applicant must apply annually for and receive Commission approval for practice in a specific designated

192 underserved area or designated medical specialty. Such approval shall include deferral of loan repayment during the period the practitioner is performing in service authorized for loan forgiveness. The practitioner must notify the lending institution of the date that such practice commences and terminates.

9.4. To be eligible for loan forgiveness, the applicant must have Commission approval to practice in a specific designated underserved area or designated medical specialty. In addition, the applicant must subsequently provide evidence to support the fact that full-time physician services were rendered. Such evidence shall be presented on a form provided by the Commission for that purpose. The Commission shall be the authority that grants loan forgiveness. The Commission shall notify the appropriate lending institution of all loan forgiveness which is granted.

9.5. The borrower shall be eligible for loan forgiveness only upon application and upon acceptance of duly certified evidence of full-time medical or osteopathic practice in one of the designated areas or medical specialties.

9.6. The borrower shall receive cancellation and forgiveness of the outstanding principal for sums not to exceed $5,000 plus accumulated interest during each period of twelve (12) consecutive months of full-time practice. No forgiveness shall be granted for less than twelve (12) consecutive months of full-time practice.

9.7. It shall be the responsibility of the borrower to secure a current list of approved underserved areas and medical specialties. A current list may be obtained from the institution’s financial aid office or from the Commission.

§133-34-10. PROMISSORY NOTELOAN MANAGEMENT

10.1. The promissory note shall be an open ended note. All subsequent release of funds at the same interest rate shall be recorded on this promissory note. A new promissory note shall be used for changes in the interest rate, payment date, and other changes deemed necessary or desirable by the Fund to comply with these regulations or with applicable law.

10.1. The institution shall be responsible for notifying students selected to receive loans and for ensuring that borrowers receive the loan award notification and complete the promissory note before disbursement of funds. The institution also shall be responsible for disbursement of any and all funds to students. Disbursements shall usually be made at the beginning of each semester in an amount equal to one-half (1/2) the annual award.

193 10.2. Renewal shall be granted only upon the borrower's application and providing that:

10.2.1. The borrower continues as a student in good standing.

10.2.2. The borrower remains a resident of West Virginia.

10.2.3. The borrower's financial circumstances warrant continuation under the standards established by the institution.

10.2.4. There are available funds sufficient to make the award.

10.2. An exit interview shall be required by the institution at the time the borrower graduates or otherwise terminates enrollment. At that time, the borrower's rights and responsibilities under the loan fund shall be discussed. Borrowers shall be obligated during the period the loan is active to maintain a current address record with the student loan office of the medical school which provided the loan.

10.3. Any student applying for a loan under this program must use his or her Social Security number when submitting an application. The Social Security number will be used to verify a student's identity, track applications, authorized loans, verify enrollment and good student status, and to track fund disbursement and loan repayment. A student who fails to provide a Social Security number will not be eligible for a loan.

10.3. The institution shall exercise due diligence in the collection of all loan amounts owed by borrowers.

10.4. The maximum amount of the loan shall be restricted during the first several years of the program to assure satisfaction of the purposes of the Loan Program. Total dollars available will be limited and financial assistance should be programmed to support those students requiring assistance to offset the programmed increase in the Medical Education Fee. The maximum amount of individual loan available per year shall be $5,000.

§133-34-11. LOAN REPAYMENTFINANCIAL MANAGEMENT

11.1. Recipient is allowed a maximum of ten (10) years to repay the loan (principal and interest thereon) beginning one year after the borrower ceases to be a full-time student at a school of medicine eligible to participate in the Program. Periods of authorized deferment (approved additional medical training, including internships, residencies, or fellowships, or required military service -- not to exceed five years) are not included as part of the 10-year repayment period. However, the minimum

194 shall be no less than fifty dollars ($50.00) per month.

11.1. Each institution shall maintain complete and accurate accounting records for all funds received and disbursed under the Medical Student Loan Program, and, upon request, shall make such records available to Commission staff, the Legislative Auditor, or any other independent auditor that the Commission may designate.

11.2. The first payment shall not be due and payable until one (1) year following the date that the recipient ceases to be a full-time student at a school of medicine eligible to participate in the Medical Student Loan Program. Payments are not due for periods of deferment -- approved medical training, including internship, residency or fellowship training, the total of which may not exceed five (5) years, unless the recipient abrogates the contract.

11.2. Receipt and disbursement of funds shall be governed by all applicable state practices and procedures.

11.3. If the borrower discontinues the full-time study of medicine, loans made by this fund together with accrued interest thereon shall be due and payable beginning sixty (60) days from the date of last enrollment.

11.3. Each institution shall submit an annual report summarizing all receipts and disbursements of the Medical Student Loan Program. This report will be in such format and contain such detail as the Commission may prescribe, and shall be due no later than July 31 each year.

11.4. There shall be no penalty for early repayment of the loan.

11.5. The rate of interest charged a loan recipient shall be at the rate of the prevailing Stafford Loan percentage, and shall accrue from the beginning of the repayment period. Interest shall not accrue during periods of deferment -- required military service or periods of approved medical training, including internship, residency or fellowship. The total number of years for post-graduate medical training may not exceed five (5) years.

11.6. No interest accrues during the time the recipient is in medical school, approved intern training, residency, fellowship or required military service, if such is reinstituted.

11.7. In the event of the borrower's death, unpaid indebtedness remaining on the note (principal and interest) shall be cancelled.

Section 12. Loan Forgiveness Provisions.

195 12.1. A loan recipient may receive cancellation and forgiveness of the outstanding principal and accumulated interest on the loan in return for the actual performance of full-time service in West Virginia as a physician (M.D. or D.O.) in an approved designated medically underserved area or in an approved designated medical specialty in which there is a shortage of physicians.

12.2. The Commission, in conjunction with the Bureau for Public Health, shall determine qualifying medically underserved geographic areas and medical specialties in which there is a shortage of physicians. An approved listing of underserved areas and qualifying medical specialties shall be published and distributed to the financial aid officers of each participating state school of medicine. At the borrower's request, additional geographic areas may be considered by the Commission and the Bureau for Public Health. Among the criteria are such factors as: Locations where a physician currently in practice will retire creating a shortage or a population shift which will justify additional man-power.

12.3. To be eligible for loan forgiveness, the applicant must first apply for, on an annual basis, and receive Commission approval for practice in a specific designated underserved area or designated medical specialty. Such approval shall include deferral of loan repayment during the period the practitioner is performing in service authorized for loan forgiveness. The practitioner must notify the lending institution of the date that such practice commences and terminates.

12.4. The borrower shall receive cancellation and forgiveness of the outstanding principal for sums not to exceed $5,000 plus accumulated interest during each period of twelve (12) consecutive months of full-time practice. No forgiveness shall be granted for less than twelve (12) consecutive months of full-time practice.

12.5. An exit interview shall be required by the school at the time the borrower graduates or otherwise terminates enrollment. At that time, the borrower's rights and responsibilities under the loan fund will be discussed. Loan recipients shall be obligated during the period the loan is active to maintain current address record with the Student Loan Office of the medical school which provided the loan.

12.6. It shall be the responsibility of the borrower to secure a current list of approved underserved areas and medical specialties at such time as deemed necessary and appropriate by the borrower. The current list may be obtained from the school Student Financial Aid Office or from the West Virginia Higher Education Policy Commission.

196 Section 13. Evidence of Practice and Application for Loan Forgiveness.

13.1. The borrower shall be eligible for loan forgiveness only upon application and upon acceptance of duly certified evidence of full-time medical or osteopathic practice in one of the designated areas or medical specialties.

13.2. To be eligible for loan forgiveness, the applicant must have Commission approval for practice in a specific designated underserved area or designated medical specialty. In addition, the applicant must subsequently provide evidence to support the fact that full-time physician services were rendered. Such evidence shall be presented on a form provided by the Commission for that purpose. The Board shall be the authority that grants loan forgiveness. The Commission shall notify the appropriate lending institution of all loan forgiveness which is granted.

Section 14. Notification of Recipients and Disbursement of Funds.

14.1. Approved medical schools shall be responsible for notifying students selected to receive loans and for ensuring that borrowers receive and complete both the loan award letter and the promissory note prior to disbursement of funds. Approved medical schools shall also be responsible for disbursement of any and all funds to students. Disbursements shall usually be made at the beginning of each semester in an amount equal to one-half (1/2) the annual award.

197 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Higher Education Adult Part-time Student (HEAPS) Grant Program Annual Report 2003- 2004

INSTITUTIONS: All

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission receives the annual report for the Higher Education Adult Part-time Student (HEAPS) Grant Program.

STAFF MEMBER: Daniel Crockett

BACKGROUND:

West Virginia Code § 18C-5-7(g) requires the Vice Chancellor for Administration to report annually to the Legislative Oversight Commission on Education Accountability (LOCEA) on the status of the Higher Education Adult Part-time Student (HEAPS) Grant Program. The following report was delivered to LOCEA in compliance with this requirement.

The HEAPS Grant Program consists of three components. The part-time enrollment component goes directly to institutions to allocate to needy part-time students. The workforce development component, for which at least 25% of the funds must be used, is centrally administered and provides financial assistance to needy students who enroll in a postsecondary certificate, industry-recognized credential, or other skill development programs. The community and technical college component, for which 10% of the funds must be used, goes to community and technical colleges for noncredit and customized training programs that further state economic development goals. The annual report summarizes expenditures for each of these components.

198 HIGHER EDUCATION ADULT PART-TIME STUDENT (HEAPS) GRANT PROGRAM

2003-04 ANNUAL REPORT

PRESENTED TO THE LEGISLATIVE OVERSIGHT COMMISSION ON EDUCATION ACCOUNTABILITY

DECEMBER 1, 2004 199 HIGHER EDUCATION ADULT PART-TIME STUDENT (HEAPS) GRANT PROGRAM

PART-TIME ENROLLMENT COMPONENT 2003-2004

The attached tables reflect activity for the part-time enrollment component of HEAPS that went directly to institutions to assist part-time students during 2003-2004. Selected highlights:

• Three thousand ninety (3,090) part-time students were assisted with grants totaling $2,535,059 in FY 2003-2004. In FY 2002-2003, by comparison, 2,326 part-time students were assisted with grants totaling $1,849,667.

• The average award was $820, with public institutions awarding an average of $838, independent institutions awarding an average of $1,072, and vocational-technical schools awarding an average of $455. Most awards were modest, with 59% being for $750 or less.

• Public college and university students again received the bulk of the awards, with 2,632 students (85% of total students) receiving $2,205,148 (87% of total awards).

• Almost half (1,375) of last year’s recipients enrolled for six to eight hours of college course work or its equivalent, while 1,074 attempted between nine to eleven hours.

• About half of last year’s recipients were students seeking associate degrees.

• Over 96% of students had grade point averages of 2.0 or better.

• Most recipients (77%) had a family income of $30,000 or less. Only 11.8% had incomes in excess of $40,000.

• The average age of the recipients was 32 years.

HEAPS Grant Program Report 2003-2004 Page 1 200 TABLE I

Distribution of Awards for All Institutions (Part-time Enrollment Component) 2003-2004

HOURS TAKEN TYPE OF PROGRAM OTHER Total No. Shorter AAS Bachelor's All Other Average Total TYPE OF INSTITUTION Assisted 3-5 6-8 9-11 Programs Certificate AA Degree AS Degree Degree Degree Programs Award Awarded

Public Colleges and Universities 2,632 320 1,215 987 1 38 307 376 766 1,121 26 838 2,205,148

Independent Colleges and Universities 197 7 114 76 0 1 31 28 4 132 1 1,072 211,216

Public Vocational-Technical Schools 261 66 46 11 41 238 0 16 0 0 0 455 118,695

PROGRAM TOTALS 3,090 393 1,375 1,074 42 277 338 420 770 1,253 27 $820 $2,535,059

AA = Associate of Arts AS = Associate of Science AAS = Associate of Applied Science

HEAPS Grant Program Report 2003-2004 Page 2 201 TABLE II

Recipient Profile For All Institutions (Part-time Enrollment Component) 2003-2004

AWARD AMOUNT GRADE POINT AVG. FAMILY INCOME OTHER Less Less Less Eligible than $201- $501- $751- $1001- Over Than 2.0- Over than $10,001- $20,001 - $30,001 - Over Average But Not TYPE OF INSTITUTION $200 $500 $750 $1000 $1500 $1500 2.0 3.0 3.0 $10,000 $20,000 $30,000 $40,000 $40,000 Age Assisted

Public Colleges and Universities 43 709 580 467 323 244 93 1221 1042 809 591 410 257 300 32 1761

Independent Colleges and Universities 5 25 74 15 72 6 2 97 98 50 47 40 38 22 32 45

Vocational-Technical Schools 72 111 47 17 6 8 0 68 53 97 86 39 11 9 30 25

PROGRAM TOTALS 120 845 701 499 401 258 95 1,386 1,193 956 724 489 306 331 32 1,831

HEAPS Grant Program Report 2003-2004 Page 3 202 TABLE III

Distribution of Awards for Public Institutions (Part-time Enrollment Component) 2003-2004

HOURS TAKEN TYPE OF PROGRAM AMOUNT AWARDED

No. Shorter AA AS AAS Bach All Other Total Average INSTITUTION Assisted 3-5 6-8 9-11 Programs Certificate Degree Degree Degree Degree Programs Allocation Awarded Award

Bluefield State College 221 20 13 78 0 5 0 132 6 78 0 201,386 201,386 913

Concord University 34 1 27 6 0 0 0 0 0 34 0 47,806 47,784 1,405

East WV Comm & Tech Coll 47 9 22 16 0 0 14 3 30 0 0 33,878 30,240 643

Fairmont State University 370 2 225 143 0 1 46 61 74 186 2 350,811 248,750 672

Glenville State College 120 32 62 26 0 0 9 4 1 106 0 86,577 85,977 721

Marshall University 207 10 107 90 0 0 18 7 68 114 0 311,302 311,302 1,504

Potomac State Coll of WVU247890019032011,29310,818450

Shepherd University 184 48 85 51 1 0 14 26 32 111 1 164,862 163,163 887

So WV Comm & Tech Coll 266 38 96 132 0 0 123 13 129 0 1 175,413 162,175 630

West Liberty State College193970000017245,92422,7241,196

WV Northern Comm Coll 294 48 122 124 0 30 25 15 220 0 4 173,204 173,170 589

WV State University 288 42 164 82 0 2 0 46 60 182 0 273,659 265,016 920

West Virginia University 137 12 67 58 0 0 0 0 0 137 0 145,299 140,475 1,025

WVU Institute of Technology 106 17 65 24 0 0 0 54 0 52 0 105,398 105,398 994

WVU at Parkersburg 315 31 143 141 0 0 39 15 143 102 16 236,770 236,770 552

TOTALS 2632 320 1215 987 1 38 307 376 766 1121 26 $2,363,582 $2,205,148 $838

HEAPS Grant Program Report 2003-2004 Page 4 203 TABLE IV

Recipient Profile for Public Institutions (Part-time Enrollment Component) 2003-2004

AWARD AMOUNT GRADE POINT AVG. FAMILY INCOME OTHER Less Less Less Eligible than $201- $501- $751- $1001- Over Than 2.0- Over than $10,001- $20,001 - $30,001 - Over Average But Not INSTITUTION $200 $500 $750 $1000 $1500 $1500 2.0 3.0 3.0 $10,000 $20,000 $30,000 $40,000 $40,000 Age Assisted

Bluefield State College 11 47 52 30 52 29 20 104 97 57 72 60 20 12 33 800

Concord University 0001261621517812842310

Eastern WV Comm & Tech College 3 21 8 8 6 1 6 12 29 8 12 9 6 12 32 0

Fairmont State University 0 249 0 114 7 0 13 160 197 147 79 72 34 38 32 0

Glenville State College 2 39 42 17 18 2 9 58 53 36 19 20 24 21 27 NR

Marshall University 3 12 15 29 50 98 0 114 93 65 49 37 21 35 34 216

Potomac State College of WVU 1 16 7 0 0 0 1 13 0 4 76433420

Shepherd University 8 57 19 32 44 24 22 90 72 54 38 34 18 40 34 160

Southern WV Comm & Tech College NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR

West Liberty State College130555211644542330

WV Northern Community College 9 131 84 33 36 1 15 143 136 125 65 49 30 25 31 365

West Virginia State University 2 24 128 41 61 32 0 189 99 124 83 38 23 21 37 0

West Virginia University 0 12 50 37 20 18 0 81 56 59 30 13 11 24 32 200

WVU Institute of Technology 0 13 23 34 18 18 0 80 26 29 20 15 15 27 29 0

WVU at Parkersburg 3 85 152 75 0 0 3 151 161 89 101 44 43 38 30 NR

TOTALS 43 709 580 467 323 244 93 1221 1042 809 591 410 257 300 32 1761 NR = Not Reported

HEAPS Grant Program Report 2003-2004 Page 5 204 TABLE V

Distribution of Awards for Independent Institutions (Part-time Enrollment Component) 2003-2004

HOURS TAKEN TYPE OF PROGRAM AMOUNT AWARDED

No. Shorter AA AS AAS Bach All Other Total Average INSTITUTION Assisted 3-5 6-8 9-11 Programs Certificate Degree Degree Degree Degree Programs Allocation Awarded Award

Alderson-Broaddus College 26 0 16 10 0 0 0 0 0 26 0 15,433 15,433 594

Appalachian Bible College 3 0 2 1 0 1 0 0 0 2 0 753 753 251

Bethany College*

Davis & Elkins College 5 0 5 0 0 0 0 4 0 1 0 4,141 4,141 828

Mountain State University 122 6 60 56 0 0 29 10 4 78 1 154,333 154,333 1,265

Ohio Valley College 6 0 4 2 0 0 2 0 0 4 0 3,011 3,011 500

Salem International University*

University of Charleston 16 0 13 3 0 0 0 14 0 2 0 13,928 13,928 870

West Virginia Wesleyan College 5 1 2 2 0 0 0 0 0 5 0 4,893 4,893 979

Wheeling Jesuit University 14 0 12 2 0 0 0 0 0 14 0 24,844 14,724 1,052

TOTALS 197 7 114 76 0 1 31 28 4 132 1 $221,336 $211,216 $1,072 *Did Not Participate

HEAPS Grant Program Report 2003-2004 Page 6 205 TABLE VI

Recipient Profile for Independent Institutions (Part-time Enrollment Component) 2003-2004

AWARD AMOUNT GRADE POINT AVG. FAMILY INCOME OTHER Less Less Less Eligible than $201- $501- $751- $1001- Over Than 2.0- Over than $10,001- $20,001 - $30,001 - Over Average But Not INSTITUTION $200 $500 $750 $1000 $1500 $1500 2.0 3.0 3.0 $10,000 $20,000 $30,000 $40,000 $40,000 Age Assisted

Alderson-Broaddus College 5 10 4 2 2 3 1 12 13 6 2 5 12 1 32 33

Appalachian Bible College 0 3 0 0 0 0 0 3 0 11100287

Bethany College*

Davis and Elkins College00410005003101NR2

Mountain State University 0 3 52 9 58 0 0 57 65 35 33 23 19 12 34 NR

Ohio Valley College 05100004231101323

Salem International University*

University of Charleston0262601962462233NR

West Virginia Wesleyan College0120110143011043NR

Wheeling Jesuit University0151520680324524NR

TOTALS 52574157262979850474038223245 *Did Not Participate NR = Not Reported

HEAPS Grant Program Report 2003-2004 Page 7 206 TABLE VII

Distribution of Awards for Vocational-Technical Schools (Part-time Enrollment Component) 2003-2004

HOURS TAKEN TYPE OF PROGRAM AMOUNT AWARDED

No. Shorter AA AS AAS Bach All Other Total Average INSTITUTION Assisted 3-5 6-8 9-11 Programs Certificate Degree Degree Degree Degree Programs Allocation Awarded Award

Academy of Careers & Tech 45 11 24 3 7 450000030,11430,114669

Ben Franklin Career Center30NRNRNRNR300000042,15913,732457

Cabell Co Career Tech Ctr 17 NR NR NR NR 1 0 16 0 0 0 3,011 3,011 592

Carver Career Tech Educ Ctr1201200120000015,8106,162513

Fayette Plateau Vo-Tech Ctr 25 2005025000009,4117,663230

Fred W. Eberly Tech Ctr6033060000010,9166,4001,066

James Rumsey Technical Inst.1NRNRNRNR1000009,0342,5512,551

Garnet Career Center 49NRNRNRNR420000053,07623,171473

Marion County Technical Ctr* 19,950

Mercer County Tech Educ Ctr 26 0 0 0 26 260000013,5517,530252

Monongalia County Tech Ed Ctr 14 14000140000022,5852,785199

Roane-Jackson Tech Ctr249708240000012,4227,266301

United Technical Ctr 1212000120000043,6658,310693

TOTALS 261 66 46 11 41 238 0 16 0 0 0 $285,704 $118,695 $455 *No Report Submitted NR = Not Reported

HEAPS Grant Program Report 2003-2004 Page 8 207 TABLE VIII

Recipient Profile for Vocational-Technical Schools (Part-time Enrollment Component) 2003-2004

AWARD AMOUNT GRADE POINT AVG. FAMILY INCOME OTHER

Less Less Less Eligible than $201- $501- $751- $1001- Over Than 2.0- Over than $10,001- $20,001 - $30,001 - Over Average But Not INSTITUTION $200 $500 $750 $1000 $1500 $1500 2.0 3.0 3.0 $10,000 $20,000 $30,000 $40,000 $40,000 Age Assisted

Academy of Careers & Technology 8 9 7 12 4 5 0 22 23 15 18 7 3 2 31 25

Ben Franklin Career Center 0 21 9 0 0 0 NR NR NR NR NR NR NR NR NR NR

Cabell Co. Career Technical Center 7 8 1 0 0 1 0 12 5 0 17 0 0 0 NR NR

Carver Career Tech. Education Center 0012000012081111300

Fayette Plateau Voc.-Tech. Center 11 10 3 0 0 1 0 22 3 8 12 4 0 1 28 0

Fred W. Eberly Technical Center00042000622101310

Garnet Career Center 23 24 2 0 0 0 NR NR NR 34 10 4 1 0 35 0

James Rumsey Technical Center00000100100100280

Marion County Technical Center*

Mercer Co. Technical Education Center 6 19 0 1 0 0 NR NR NR 13 0 10 3 0 25 0

Monongalia Co. Tech. Education Center 7 7 0 0 0 0 0 0 1444312330

Roane-Jackson Technical Center 10 12 2 0 0 0 NR NR NR 2 10 8 2 2 31 0

United Technical Center 0 1 11 0 0 0 0 0 1 11 12 0 0 0 31 0

TOTALS 72 111 47 17 6 8 0 68 53 97 86 39 11 9 30 25 *No Report Submitted NR = Not Reported

HEAPS Grant Program Report 2003-2004 Page 9 208 HIGHER EDUCATION ADULT PART-TIME STUDENT (HEAPS) GRANT PROGRAM

WORKFORCE DEVELOPMENT COMPONENT 2003-2004

The attached tables reflect the activity for the workforce development component of HEAPS that was used to make grants to students enrolled in postsecondary certificate, industry-recognized credential and other skill development programs of study during 2003-2004. Selected highlights:

• Initial allocations for the workforce development component of HEAPS totaled slightly more than $1 million or 25 percent of the total appropriation of $4 million.

• Four hundred thirteen (413) students were assisted with grants totaling $867,970.

• The average workforce component award for FY 2003-2004 was $2,102.

• Fifty-one percent (51%) of recipients of workforce component awards attended proprietary and other training entities; 30% attended public vocational-technical institutions; and 19% attended community and technical colleges.

• Most recipients of workforce component awards (59%) were training for healthcare-related occupations; 23% of recipients were enrolled in administrative assistant programs; and 15% of recipients were training for information technology and related occupations.

HEAPS Grant Program Report 2003-2004 Page 10 209 TABLE IX

Awards by Institutions Attended (Workforce Development Component) 2003-2004

STUDENTS AMOUNT AMOUNT FINAL AMOUNT ORIGINALLY ORIGINALLY CANCELLED RETURNED BY NUMBER FINALLY INSTITUTION AWARDED AWARDED AWARDS INSTITUTIONS OF AWARDS AWARDED

Academy of Careers & Technology 54 78,712 8 11,879 46 66,833

Eastern WV Comm & Tech College 9 11,178 0 0 9 11,178

Fairmont State Comm & Tech College 35 57,905 2 6,775 33 51,130

Garnet Career Center 69 103,099 1 8,855 68 94,244

Marshall University Comm & Tech Coll 3 8,196 2 5,464 1 2,732

Mollohan Training Ctr at A-B College 2 6,024 0 0 2 6,024

National Institute of Technology 61 183,732 2 17,336 59 166,396

North Central WV OIC 95 285,055 16 53,770 79 231,285

South Branch Technical Center 12 15,616 1 2,273 11 13,343

Southern WV Community & Tech College 3 4,680 0 0 3 4,680

Valley College-Beckley 21 63,129 1 4,446 20 58,683

Valley College - Martinsburg 26 77,386 4 20,391 22 56,995

Valley College - Princeton 8 24,096 2 8,990 6 15,106

WV Business College 21 63,252 0 7,545 21 55,707

WV Northern Community College 13 5,468 0 0 13 5,468

WV State Community & Tech College 20 28,166 0 0 20 28,166

TOTAL 452 $1,015,694 39 $147,724 413 $867,970

HEAPS Grant Program Report 2003-2004 Page 11 210 TABLE X

Number of Awards & Dollars Awarded Per Program of Study (Workforce Development Component) 2003-2004

INFORMATION TECH. & RELATED ADMINISTRATIVE MINING INDUSTRY OTHER INSTITUTION OCCUPATIONS HEALTH CARE ASSISTANTS WORKERS WORKERS TOTAL # AMOUNT # AMOUNT # AMOUNT # AMOUNT # AMOUNT # AMOUNT

Acad. of Careers & Technology 46 66,833 46 66,833

Eastern WV Comm & Tech Coll 9 11,178 9 11,178

Fairmont State Comm & Tech Coll 29 41,130 4 10,000 33 51,130

Garnet Career Center 55 73,028 13 21,216 68 94,244

Marshall Univ Comm & Tech Coll 1 2,732 1 2,732

Mollohan Training Ctr at A-B College 2 6,024 26,024

National Institute of Technology 15 45,180 44 121,216 59 166,396

North Central WV OIC 79 231,285 79 231,285

South Branch Technical Center 11 13,343 11 13,343

Southern WV Comm & Tech Coll 3 4,680.00 3 4,680

Valley College-Beckley 20 58,683 20 58,683

Valley College-Martinsburg 22 56,995 22 56,995

Valley College-Princeton 6 15,106 6 15,106

WV Business College 21 55,707 21 55,707

WV Northern Community College 12 5,292 1 176 13 5,468

WV State Comm & Tech College 17 27,266 3 900 20 28,166

TOTAL 61 $113,576 242 $513,678 93 $221,050 3 $4,680 14 $14,986 413 $867,970

HEAPS Grant Program Report 2003-2004 Page 12 211 HIGHER EDUCATION ADULT PART-TIME STUDENT (HEAPS) GRANT PROGRAM

COMMUNITY AND TECHNICAL COLLEGE COMPONENT 2003-2004

The community college component of HEAPS is utilized to provide customized workforce development projects through community and technical colleges that provide skill upgrades, aid new and expanding companies, promote job retention and prepare individuals for entry into programs that lead to high-skills, high-wage occupations. For fiscal year 2003-2004, nine projects were awarded funding. Those projects funded are: Institution Proposal Amount Funded

Shepherd Community and Technical College Training Distribution Center Employees $3,520

WVU-Tech Community and Technical College Pilot of "Middle College" Concept $113,890

Advantage Valley Community College Network CAD Skills Training $42,490

Marshall University Community and Technical College Machinist/Manufacturing Engineering Technology $57,550

Marshall University Community and Technical College Railroad Training and Research Center $100,000

Shepherd Community and Technical College Management Training for Clinical DEO System $2,000

Shepherd Community and Technical College Education Certification Training, PSD Employees $20,000

WV State Community and Technical College A + Certification and Soft Skills Training $17,999

Eastern WV Community and Technical College Industrial Maintenance Curriculum Development $42,551 $400,000

HEAPS Grant Program Report 2003-2004 Page 13 212 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Presentation by the Advisory Council of Students

INSTITUTIONS: All

RECOMMENDED RESOLUTION: Information Item

STAFF MEMBER: J. Michael Mullen

BACKGROUND:

The West Virginia Higher Education Policy Commission must meet annually between the months of October and December with the Advisory Council of Students to discuss higher education issues of interest to students and Commission members.

Jordan Workman, Chairperson of the Advisory Council of Students, will make a presentation concerning higher education issues of interest to students.

213 West Virginia Higher Education Policy Commission Meeting of Month, day, year

ITEM: Legislative Committee

INSTITUTION: HEPC

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission form an ad hoc Legislative Committee for the purpose of recommending positions on proposed legislation.

STAFF MEMBER: Robert Morgenstern

BACKGROUND:

The purpose of the committee will be to provide clear guidance and direction to HEPC Commissioners and staff during the legislative session regarding proposed legislation. It is suggested that a three member committee be appointed by the Chairman of the Policy Committee.

214 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Salary Policy Report to LOCEA

INSTITUTIONS: All

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission accepts an updated report on institution salary policies.

STAFF MEMBER: Dennis Taylor

BACKGROUND:

During the October 2004 legislative interim meetings, legislators requested a report on institutions with salary policies for faculty, classified employees and non-classified employees and whether the policies contain a merit component. (State law requires institutional governing boards to adopt salary policies for faculty and classified employees, but says nothing about non-classified employees.) A report was presented to LOCEA at the November 2004 legislative interim meetings. Since that meeting, one institution (WVU at Parkersburg) has submitted a change in the original information reported. That change is reflected in the attached report.

The report indicates that fifteen institutions have faculty salary policies; thirteen have classified employee salary policies; and eleven have non-classified salary policies. Of those salary policies, all the faculty policies contain a merit component; all of the non- classified policies contain a merit component; and two of the classified policies contain a merit component.

At the end of the presentation of this report, LOCEA members requested a report on institutional compliance with statutory requirements for other policies. Commission staff is in the process of working with institutions to prepare such a report and to develop timelines for institutions to have all statutorily-mandated policies in place. Commission staff expects to present that report at the January 2005 legislative interim meetings.

215 Higher Education Salary Policy Information (Updated Report)

December 2004

Institution Salary Policy Merit Component Approved by IBOG Effective Date

Faculty Classified Non-classified Faculty Classified Non-classified Bluefield State College No No No C&T College at WVU Tech Yes Yes Yes Yes No Yes Yes May 6, 2004/faculty C&T College of Shepherd Yes Yes Yes Yes Yes Yes Yes June 10, 2004 Concord University No No No Eastern WV C&T College Yes Yes Yes Yes No Yes Yes September 19, 2001* Fairmont State C&T College No No No Fairmont State University No No No Glenville State College Yes No No Yes No No Yes/faculty only October 22, 2003 Marshall C&T College Yes Yes Yes Yes No Yes Yes/faculty only May 12, 2004 Marshall University Yes Yes Yes Yes No Yes Yes/faculty only May 12, 2004 New River C&T College No No No Shepherd University Yes Yes Yes Yes No Yes Yes June 10, 2004 Southern WV C&T College No No No March 10, 1999/faculty West Liberty State College Yes Yes No Yes No No Yes August 29, 2001/classified West Virginia State University Yes Yes Yes Yes No Yes Yes October 1, 2001 West Virginia University Yes Yes Yes Yes No Yes Yes June 7, 2002/faculty WV Northern C&T College Yes Yes Yes Yes Yes Yes Yes May 2004/faculty February 2004/faculty WV School of Osteopathic Medicine Yes Yes No Yes No No Yes Yearly/classified WV State C&T College Yes Yes Yes Yes No Yes Yes October 1, 2001 WVU at Parkersburg Yes No No Yes No No Yes June 7, 2002** WVU Institute of Technology Yes Yes Yes Yes No Yes Yes June 7, 2002 ***

*BOG modified the policy for FY 2005 on July 21, 2004. **WVU-Parkersburg internal faculty policy approved May 13, 2004 ***WVU Institute of Technology internal faculty policy approved April 16, 2004 216 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Compact Update Approval

INSTITUTION: All

COMMITTEE: Committee of the Whole

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the recommendations for each of the institutional compact update reports from the institutions with baccalaureate and higher level degree programs for 2003-04.

STAFF MEMBERS: Bruce Flack Patricia Hunt

BACKGROUND:

West Virginia public colleges and universities completed reports on their updated compacts with submissions of data compilations in November 2004. The HEPC staff has reviewed the reports from the institutions with baccalaureate and higher level degree programs and recommends either approval of the compact updates or other appropriate action as indicated in the following summaries. Data reviewed in the assessment of the compact updates were for 2003-2004.

Institutions may choose to supplement information in the update with data, e.g. enrollment, for the fall 2004 semester. This supplemental information would be part of the revised compact updates which the Higher Education Policy Commission will review in early 2005 in determining the magnitude of tuition and fee increases. The review process will go forward as planned unless further statutory modifications are instituted in the 2005 legislative session.

217 REVIEW OF INSTITUTIONAL COMPACTS

WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

NOVEMBER 2004

West Virginia public colleges and universities with baccalaureate and higher level programs have responded to data elements in completion of the annual update to the institutional compacts. The reporting elements, which were revised for 2001-2002 to focus on essential areas that effectively indicate institutional commitment to the six statewide goals – preparation, participation, affordability, competitive workforce, economic development, and accountability, are the same elements that have been used this year. For institutions offering baccalaureate and/or graduate programs, a total of twelve elements have been employed.

In this year’s review, the assessment year is 2003-2004. Changes in performance have been measured against performance in 2002-2003, plus the first three years of the compact. Additionally, the review looked at 2003-2004 performances as measured against institutional six-year goals (2006-2007) and the state master plan goals in It All Adds Up.

The comments on institutional compact performance, both positive indicators and challenges, are the Higher Education Policy Commission staff observations on the success of each college or university in addressing compact goals and are keyed to the twelve indicators for the baccalaureate institutions. Notations on performance in the institutional compact summaries are comparisons between 2003-2004 and 2002-2003, unless noted otherwise. Comments under the heading, “Positive Indicators,” indicate improvement in performance from the previous year or advancement toward the state goals of It All Adds Up. Observations under the heading, “Challenges,” indicate declines from previous performance or little progress in moving toward the state goals. Also included in this report is a tabular grid which indicates institutional performance on the twelve indicators in 2003-2004.

Following the initial December Higher Education Policy Commission review of the institutional compact reports, institutions have the option to submit data updates for the 2004 fall semester, e.g. enrollment information, which may give further indication of progress.

218 Basis For Evaluation of Institutional Progress Reports November 2004 Reporting

Positive Indicators – Expectations for Baccalaureate Institutions

1. – 2. Enrollment Increase

3. Retention – 1st to 2nd year Steady increase, approaching 74%

Increases approaching 50% for baccalaureate 4. Graduation rate institutions and 60% for doctoral-granting institutions Steady increases, with continuing increase in critical disciplines including math, engineering, 5. Degree production science, computer science, related technologies, and health related fields 6. Licensure pass rates in each area Increases, approaching 90%

Goal of 67% for baccalaureate/master’s institutions, 7. Percentage of faculty with terminal degrees and 75% for Marshall and WVU 8. Percentage of students successfully completing developmental courses with ability to advance to the next course (credit or non-credit) in sequence and with a minimum passing grade At least 75% of “C” or “Pass.” (Applies only to institutions with developmental programs and no administratively linked community and technical college) 9. External funding Increases, particularly for universities

10. Financial audit: Unqualified audit opinion and no material weakness in auditor’s management Meets expectation letter

11. Timely completion of annual audit (October 1) Meets expectation

12. Non-resident tuition fee established at a level at Meets expectation least equal to cost of instruction

219 Bluefield State College (4-year) November 2004

Updated Institutional Compact Review

Positive Indicators

• Headcount enrollment increased significantly from fall 2001 to fall 2003 (1,073 to 1,870), though no enrollment goal is established. [Indicator 1]

• Annualized FTE enrollment has increased substantially. [Indicator 2]

• Retention rate has increased from 2002 to 2003 (59% to 63%), but is below the national average of 74%. [Indicator 3]

• Baccalaureate degree production has increased in one-year from 181 to 222 for 2003-2004. Degrees in math and science fields have also increased. [Indicator 5]

• Passing rates on the Praxis II exam have increased from 86% to 88% in the last year and are nearing the state goal of 90%. [Indicator 6]

• External grant funding increased to nearly $5 million from $4.4 million the previous year. [Indicator 9]

Challenges

• Graduation rate from 2003-2004 is 24% and substantially below the previous year’s rate of 46% and the statewide goal of 50%. [Indicator 4]

• The percentage of faculty holding appropriate terminal degrees is low (projected at 48% for 2004- 2005). [Indicator 7]

• While it is projected that there will be an unqualified audit opinion [Indicator 10], as of this date (November 30, 2004) the audit report is still unavailable [Indicator 11]. This is significantly later than the audit report goal of October 1. This year was a challenge with the new GASB Statement No. 39 which required Foundation reporting for significant component units.

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 80% compared with a goal of 100%. With no increases for non-resident tuition projected for FY05 this goal will not improve without a significant reduction in education and general expenditures.

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Most significant challenges are those noted last year – low graduation rate and low percentage of faculty holding terminal degrees. Other significant financial challenges include lack of timely audit reporting and non- resident tuition and fees less than the cost of education. A plan should be put in place to address the gap in capturing all of the cost of education with non-resident tuition and fees.

220 Concord University November 2004

Updated Institutional Compact Review

Positive Indicators

• Total headcount enrollment has increased slightly in one-year from 3,015 to 3,026. [Indicator 1]

• Baccalaureate degree production (372) is down slightly from the previous year, but is above the institutional goal of 350. The number of graduates in math and science fields jumped from 33 to 54 in the last year. [Indicator 5]

• Licensure pass rates improved from the previous year (81% to 84%), but are virtually unchanged from earlier years. State goal is 90%. [Indicator 6]

• The percentage of faculty who hold terminal degrees has been increasing steadily and has reached 81% for 2003-2004. [Indicator 7]

• External grant funding (approximately $2.85 million) is little changed from previous year. [Indicator 9]

• Unqualified audit opinion on the annual financial audit with no material comments in auditor management letter. [Indicator 10]

• Audited financial statements completed on a timely basis in each of the last five years, but slightly beyond the goal of October 1. [Indicator 11]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education at 93% for FY04 is slightly less than the goal of 100%. With the increases in non-resident tuition for FY05 and if the education and general expenditures remain level, then the projection for FY05 of 104% will exceed goal. [Indicator 12]

Challenges

• Annualized FTE enrollment has declined slightly in one year. (2,831 to 2,783) and is below the institutional goal of 2,800. [Indicator 2]

• Retention rate of 63% is virtually unchanged from that of the previous year and is below that of two earlier years and also below the national average of 74%. [Indicator 3]

• Graduation rate of 35% (40% including transfers), which improved from earlier years, is below the state goal of 50%. Institutional goal of 38% is significantly below the state goal. [Indicator 4]

• Success rate of students in developmental courses (62%) while slightly above that of the previous year, is lower than the success rate for the three previous years and is below the state goal of 75%. [Indicator 8]

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Steady improvements in percentage of faculty holding terminal degrees. Continuing significant challenges are the low graduation and retention rates. Also, the institutional graduation rate goal which is substantially below the state goal should be increased.

221 Fairmont State University (4-year) November 2004

Updated Institutional Compact Review

Positive Indicators

• Headcount enrollment (3,940) has steadily increased over the last five years and is near the institutional goal of 3,990. [Indicator 1]

• Annualized FTE enrollment (3,680) has steadily increased over the last five years and has reached the institutional goal. [Indicator 2]

• Retention rate has improved from 73% to 77% in one year and is above the national average. [Indicator 3]

• The percentage of faculty holding doctorate (terminal) degrees has increased steadily and has reached 72%. [Indicator 7]

• External grant funding, while somewhat less than the previous two years, is $5.7 million. [Indicator 9]

• Unqualified audit opinion on the annual financial audit with no material comments in auditor management letter. [Indicator 10]

• Audited financial statements completed on a timely basis (October 22) and slightly over the goal of October 1. [Indicator 11]

Challenges

• Graduation rate has declined from 41% to 37% (40% with transfers) and is below the state goal of 50%. [Indicator 4]

• Baccalaureate degree production (597) declined from the previous year (656) and is below the institutional goal of 755. [Indicator 5]

• While the Praxis II licensure pass rate (75%) is higher than last year, it is below the NCATE standard of 80% and the state goal of 90%. [Indicator 6]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 81% compared with a goal of 100%. With non-resident tuition increases projected for FY05 this goal will improve to 91% with education and general expenditures remaining constant.

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Positive enrollment increases, increased sophomore retention rate, and percentage of faculty with terminal degrees are pluses. Major challenges are a low graduation rate (also low institutional graduation rate goal of 43%) and raising the pass rates on Praxis II exams.

222 Glenville State College November 2004

Updated Institutional Compact Review

Positive Indicators

• Headcount enrollment (1,382) increased from the previous year and is higher than the enrollment in the first three years of the compact. Institutional goal is 1,500. [Indicator 1]

• Annualized FTE enrollment (1,333) is higher than that of the previous four years and exceeds the institutional goal of 1,275. [Indicator 2]

• Baccalaureate degree production (206) is essentially unchanged from previous year. The number of graduates in math and science fields increased from 19 to 34 in the last year. [Indicator 5]

• External grant funding ($1.1 million) has increased markedly from previous year. [Indicator 9]

• Unqualified audit opinion on the annual financial audit with no material comments in auditor management letter. [Indicator 10]

• Audited financial statements completed on a timely basis (September 24) and under the goal of October 1. This is a significant improvement over the previous year’s completion date. [Indicator 11]

Challenges

• While the sophomore retention rate (59%) is higher than that for 2002-2003, it is slightly below that of the three previous years. The national average is 74%. [Indicator 3]

• The graduation rate (29%, adjusted to 36% with transfers included) remains low, though it did improve by three percentage points from last year. Rate is well below the state goal of 50%. [Indicator 4]

• The pass rate on licensure programs decreased from 84% to 75% for the past year. The rate is below the NCATE standard of 80% and the state goal of 90%. [Indicator 6]

• The percentage of faculty holding terminal degrees is low (35%), but the institution is committed to increasing the percentage of terminal degree holders among the faculty. [Indicator 7]

• The percentage of students completing developmental courses decreased from 73% to 69% over the last year. Goal is 75%. [Indicator 8]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 55% compared with a goal of 100%. With non-resident tuition increases projected for FY05 this goal will slightly improve to 60% with education and general expenditures remaining constant.

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Major challenges are in improving the graduation rate and the percentage of faculty holding terminal degrees. Other financial challenges include non-resident tuition and fees below the 100% goal. A plan should be put in place to address the gap in capturing all of the cost of education with non-resident tuition and fees.

223 Marshall University (4-year) November 2004

Updated Institutional Compact Review

Positive Indicators

• Annualized FTE enrollment (11,885) is down slightly from previous year but is on target to meet 6-year goal in 2006-2007. [Indicator 2]

• Headcount enrollment decreased from 14,213 in 2002-2003 to 13,960 in 2003-2004, but is on target to meet the 2006-2007 goal. [Indicator 1]

• Baccalaureate degree production remains steady (slight decline) and graduate degree production has increased. Total number of degrees produced is the highest in five years. Number of baccalaureate degrees in math and science has declined slightly. [Indicator 5]

• Licensure pass rates are above 96% and well above the state goal. [Indicator 6]

• Percentage of faculty holding terminal degrees has increased from 87% to 90%. [Indicator 7]

• External grant funding has increased markedly to $19.2 million. [Indicator 9]

• Unqualified audit opinion on the annual financial audit with no material comments in auditor management letter. This year was a challenge with the new GASB Statement No. 39 which required Foundation reporting for significant component units. [Indicator 10]

• Audited financial statements completed on a timely basis (October 3 for first issuance) and slightly over the goal of October 1. Currently waiting on the reissued statements with the Foundation reporting. [Indicator 11]

Challenges

• Retention rate has declined slightly from previous year (75% to 72%) but is near the national average. [Indicator 3]

• Graduation rate is 37% (40% adjusted for transfer students) and is slightly below previous year’s level. Goal is 60%. [Indicator 4]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 80% compared with a goal of 100%. With non-resident tuition increases projected for FY05 this goal will improve to 90% with education and general expenditures remaining constant.

Summary / Recommendations

• Recommend approval of the update to the institutional compact. The major challenge is to improve the baccalaureate graduation rate.

224 Shepherd University (4-year) November 2004

Updated Institutional Compact Review

Positive Indicators

• Headcount enrollment has increased to 3,327 from 3,259 the previous year and is nearing the six-year goal of 3,500. [Indicator 1]

• Annualized FTE enrollment (3,062) has been steadily increasing and is approaching the six-year goal of 3,231. [Indicator 2]

• Retention rate to the sophomore year has increased gradually to 71% and is near the national average of 74%. [Indicator 3]

• Baccalaureate degree production has increased from 521 in 2002-2003 to 562 in 2003-2004. Number of degrees in math and science fields has increased slightly. [Indicator 5]

• Licensure pass rates at the baccalaureate level are 91%, though pass rates on the mathematics Praxis II exam are low. State goal is 90%. [Indicator 6]

• Number of faculty holding terminal degrees has increased to 84%. [Indicator 7]

• Unqualified audit opinion on the annual financial audit with no material comments in auditor management letter. [Indicator 10]

• Audited financial statements completed on a timely basis (October 8) and slightly over the goal of October 1. [Indicator 11]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 100% and at goal. With non-resident tuition increases projected for FY05 this goal will be above goal at 116% with education and general expenditures remaining constant.

Challenges

• Baccalaureate graduation rate holding steady at 41% (43% adjusted to include transfers), but is below goal of 50%. [Indicator 4]

• External grant funding ($2.2 million) has decreased significantly from the previous two years. [Indicator 9]

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Strengths are steady enrollment increases and increased percentage of faculty with terminal degrees. Challenges are to increase the baccalaureate graduation rate and to increase external grant funding.

225 West Liberty State College November 2004

Updated Institutional Compact Review Positive Indicators

• Graduation rate of 43% (adjusted to 45% with inclusion of transfer students) is steady, but is within reach of the state goal of 50%. [Indicator 4]

• Degree production (415) has been steady in the last two years, and the number of graduates in math and science has increased slightly. [Indicator 5]

• Licensure pass rate for baccalaureate programs is 91% and above the state goal of 90%. [Indicator 6]

• External grant funding has increased markedly to $2.3 million. [Indicator 9]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is at 99% and slightly below the goal of 100%. With non-resident tuition increases projected for FY05 this goal will be above goal at 106% with education and general expenditures remaining constant.

Challenges

• Headcount enrollment (2,512) has decreased slightly from the previous year. Six-year institutional goal is 2,690. [Indicator 1]

• Annualized FTE enrollment for 2003-2004 is 2,454 and below the previous year level of 2,547. Six year goal is 2,675. [Indicator 2]

• Freshman to sophomore retention rate has declined from 69% to 65% in the last year. National average is 74%. [Indicator 3]

• Percentage of faculty holding terminal degrees is low at 46%. [Indicator 7]

• Percentage of students successfully completing developmental courses has decreased from 75% in 2002-2003 to 54% in 2003-2004. State goal is 75%. [Indicator 8]

• While it is projected that there will be an unqualified audit opinion [Indicator 10], as of this date (November 30, 2004) the audit report is still unavailable [Indicator 11]. This is significantly later than the audit report goal of October 1. This year was a challenge with the new GASB Statement No. 39 which required Foundation reporting for significant component units.

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Major challenges are to enhance enrollment levels, to increase the percentage of faculty holding terminal degrees, and to increase the student success rate in developmental courses. The institution needs to continue implementation of its multi-year plan to restore adequate fund balances, especially in auxiliary enterprises. Other significant financial challenges include lack of timely audit reporting – an unacceptable trend which has occurred for the last three years and must be addressed. A major strength is the success rate in passing licensure exams.

226 West Virginia State University (4-year) November 2004

Updated Institutional Compact Review

Positive Indicators

• Baccalaureate degree production increased from 415 in 2002-2003 to 431 in 2003-2004. [Indicator 5]

• Pass rate in baccalaureate license exams for 2003-2004 is 94%. [Indicator 6]

• Percentage of faculty holding terminal degrees holds steady at 72%. [Indicator 7]

• External grant funding increased by $1.5 million in the last year to $17.7 million. [Indicator 9]

Challenges

• Headcount enrollment dropped from 3,586 in 2002-2003 to 3,357 in 2003-2004. [Indicator 1]

• Annualized FTE enrollment (2,612) declined in the past year and is below levels from 1999 to 2001. [Indicator 2]

• Freshman to sophomore retention rate dropped from 64% to 58% in the last year. National average is 74%. [Indicator 3]

• Graduation rate for 2003-2004 is low at 27% (adjusts to 31% when including transfer students). State goal is 50%. [Indicator 4]

• While it is projected that there will be an unqualified audit opinion [Indicator 10], as of this date (November 30, 2004) the audit report is still unavailable [Indicator 11]. This is significantly later than the audit report goal of October 1. This year was a challenge with the new GASB Statement No. 39 which required Foundation reporting for significant component units.

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 70% compared with a goal of 100%. With non-resident tuition increases projected for FY05 this goal will improve to 78% with education and general expenditures remaining constant.

Summary / Recommendations

• Recommend approval of the update to the institutional compact. Greatest issue for West Virginia State University is an exceptionally low graduation rate in which barely one in four students complete a degree. Other significant financial challenges include lack of timely audit reporting and non-resident tuition and fees less than the cost of education. Plans need to be put in place to address the gap in capturing all of the cost of education with non-resident tuition and fees and to issue timely audited financial statements. A strength is the percentage of faculty holding terminal degrees (72%).

227 West Virginia University November 2004

Updated Institutional Compact Review

Positive Indicators

• Headcount enrollment in the last year increased from 23,860 to 24,489 and is near the institutional goal of 25,400. [Indicator 1]

• Annualized FTE enrollment in the last year increased by more than 100 students to 24,239, a figure nearing the six year goal of 25,000. [Indicator 2]

• The retention rate increased to 81%, a figure well above the national average of 74% and above the institutional goal of 80%. [Indicator 3]

• Baccalaureate degree production was steady for 2003-2004 and the number of graduate degrees increased. [Indicator 5]

• Pass rates for licensure exams in baccalaureate fields were 95% and in graduate/professional fields were 90%. State goals were either met or exceeded. [Indicator 6]

• The percentage of faculty holding terminal degrees is 94%. [Indicator 7]

• External grant funding has increased steadily and nearly $3 million greater ($65 million total) than in the previous year. [Indicator 9]

• Unqualified audit opinion on the annual financial audit with no material comments in auditor management letter. [Indicator 10]

• Audited financial statements completed on a timely basis (October 12) and slightly over the goal of October 1. [Indicator 11]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 111% and exceeds the goal of 100%. With non-resident tuition increases projected for FY05 this goal will be well above goal with education and general expenditures remaining constant.

Challenges

• The graduation rate is very good at 56%, but is below the state goal of 60%. [Indicator 4]

Summary / Recommendations

• Recommend approval of the update to the institutional compact. West Virginia University substantially meets the compact goals. One challenge is to increase the graduation rate by four percentage points to 60%. The change in status of Potomac State College will be an element to consider in next year’s compact submission.

228 West Virginia University Institute of Technology (4-year) November 2004

Updated Institutional Compact Review

Positive Indicators

• Percentage of faculty holding terminal degrees has improved from 63% in 2002-2003 to 64% in 2003-2004. [Indicator 7]

• External grant funding has increased in the last two years from $350,000 in 2001-2002 to $536,000 in 2003-2004. [Indicator 9]

Challenges

• Headcount enrollment (1,722) has decreased slightly from that of 2002-2003 (1,758). Six year goal is 2,200. [Indicator 1]

• FTE enrollment has declined from 1,473 to 1,414 in the past year. Six year goal is 1,600. [Indicator 2]

• Freshman to sophomore retention rate has decreased from 64% to 60% in the last year. National average is 74%. [Indicator 3]

• While the graduation rate of 37% (38% when adjusted to include transfer students) is above the 33% level of 2002-2003, it is below that of earlier compact years and significantly below the state goal of 50%. [Indicator 4]

• Degree production (259 to 235) in the past year has declined as has the number of students completing degrees in math and science fields. [Indicator 5]

• Licensure pass rates in nursing have declined from a 100% pass rate the two previous years to 81% in 2003-2004. [Indicator 6]

• Establishment of non-resident tuition and fees at a level equal to or exceeding cost of education [Indicator 12] is 72% compared with a goal of 100%. With non-resident tuition increases projected for FY05 this goal will improve to 81% with education and general expenditures remaining constant.

Summary / Recommendations

• Recommend disapproval of the update to the institutional compact. Most areas for assessment have experienced declines. Significant problems are enrollment, graduation rate, retention rates, and degree production.

• The Commission at its October 2004 meeting received a presentation on an improvement plan developed by West Virginia University and West Virginia University Institute of Technology outlining the institution’s current situation and proposed steps for improvement. The Higher Education Policy Commission staff believes that additional time to ascertain the results of this plan is needed and therefore recommends that the Commission not exclude West Virginia University Institute of Technology from the Senate Bill 653 spending pools. The Commission, however, should limit recommendations for increased spending to items specifically tied to the plan.

229 West Virginia University at Parkersburg (4-year) November 2004

Updated Institutional Compact Review

Note

• West Virginia University at Parkersburg is a community and technical college and falls under the jurisdiction of the Council for Community and Technical College Education.

• West Virginia University at Parkersburg offers baccalaureate programs in elementary and middle school education, business administration, and applied technology.

• Data on the baccalaureate programs as it applies to the four-year college and university compact evaluation elements are below:

Positive Indicators (4-year)

• Baccalaureate degree production remains steady. Eighty-three students graduated in 2003- 2004, a slight increase over the previous two years. [Indicator 5]

• Licensure pass rates in the teacher preparation programs for 2003-2004 were 88%. [Indicator 6]

230 Potomac State College of West Virginia University November 2004

Updated Institutional Compact Review

Note

• Potomac State College of West Virginia University will become a division of West Virginia University in July 2005 and no longer falls under the jurisdiction of the Council for Community and Technical College Education.

• In previous years the compact updates of Potomac State College have been reviewed by the Council.

• For 2003-2004, the Potomac State College compact update data will not be reviewed by the Council.

• The Staff recommends that the Commission take no action on the Potomac compact in anticipation of the termination of its status as a regional campus of West Virginia University.

231 4-Year Institutional Compact Progress Report Summary 2003-2004

West Bluefield Glenville Virginia State Concord Fairmont State State Marshall Shepherd West Liberty State West Virginia WVU Institute College University University College University University State College University University of Technology

Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Measure 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 1 Total Fall Headcount Enrollment 1,870 3,026 3,940 1,382 13,960 3,327 2,512 3,357 24,489 1,722

2 Annualized FTE Enrollment 1,609 2,783 3,680 1,333 11,885 3,062 2,454 2,612 24,239 1,414

1st to 2nd Year Retention 3 (first-time, full-time degree-seeking 63% 63% 77% 59% 72% 71% 65% 58% 81% 60% freshmen)

Graduation Rates, Bachelor degree 4 24% 35% 37% 29% 37% 41% 43% 27% 56% 37% seeking first-time, full-time freshmen

Graduation Rates, including those 4a transferring out and completing 26% 40% 40% 36% 40% 43% 45% 31% 56% 38% degrees at other institutions 5 Degree Production Certificate

Associate 188 91 79 34

Bachelor 222 372 597 206 1,395 562 415 431 2,937 226

Masters 937 1,533 9 1st Professional/Education 86 338 Specialist Doctoral 9 160

Total Degrees 410 372 597 297 2,506 562 449 431 4,968 235

Number of undergraduate degrees in math, science, computer science, 193 54 101 34 312 113 95 33 883 117 engineering, related technologies, and health-related fields Licensure pass rates (include appendix listing tests, national 95%+ at all 6 [and/or state] pass rates and 89% 84% 75% 75% 87% 91% 94% 95% 81% levels whether tests are mandatory or optional) % of FT faculty with appropriate 7 81% 72% 35% 90% 84% 46% 72% 94% 64% terminal degrees

Percentage of students successfully 8 completing developmental courses 62% 69% 54% with a C, pass, or better 232 4-Year Institutional Compact Progress Report Summary 2003-2004

West Bluefield Glenville Virginia State Concord Fairmont State State Marshall Shepherd West Liberty State West Virginia WVU Institute College University University College University University State College University University of Technology

Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Measure 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 2003-2004 9 External Funding

Total external grant funding, excluding research (e g, for 4,986,993 2,848,802 5,677,015 1,065,778 19,191,912 2,229,481 2,306,275 15,763,624 65,000,000 535,605 developmental and instructional activities)

Total external research funding 59,079 443,237 17,451,835 37,593 170,833 1,913,040 75,000,000 -

Total external funding 5,046,072 2,848,802 6,120,252 1,065,778 36,643,747 2,267,074 2,477,108 17,676,664 140,000,000 535,605

Federal 4,163,070 2,145,684 5,845,464 894,065 26,759,516 1,872,506 1,901,496 13,536,253 78,000,000 464,619

State and Local 356,538 685,325 188,288 130,213 5,122,991 203,830 78,995 3,677,876 38,000,000 70,986 Private Sources (Sum of federal, state, and private should equal Total 526,464 17,793 86,500 41,500 4,761,240 190,738 496,617 462,535 24,000,000 External Funding Number of Patents 1 8

Copyrights

Licenses 8 Unqualified audit opinion on the annual financial audit and no 10 * Yes Yes Yes Yes Yes * * Yes Yes material comments in auditor management letter

11 Date of completion of annual audit * 9/28/2004 10/22/2004 9/24/2004 10/3/2004 10/08/04 * * 10/12/04 10/12/04

Establishment of non-resident tuition 12 and fees at a level equal to or 80% 93% 81.34% 55% 88% 100% 99% 70% 86% 72% exceeding cost of education

Total required non-resident tuition 12a 6,894 7,278 6,908 7,306 8,944 7,892 7,890 6,820 10,768 8,438 and fees Total required non-resident auxiliary 12b 232 354 338 394 268 340 398 370 438 352 fees Total required non-resident capital 12c 1,300 1,300 1,600 1,468 1,460 1,300 200 1,300 1,570 1,300 fees Total required non-resident tuition 12d and fees net of auxiliary and capital 5,362 5,624 4,970 5,444 7,216 6,252 7,292 5,150 8,760 6,786 fees

* Audit not issued as of 11/30/04 233 West Virginia Higher Education Policy Commission COMMISSION/COUNCIL ITEMS

DECEMBER 15, 2004

AGENDA

A. Consent Agenda

1. Peers for Administratively Linked Community and Technical Colleges...... pg 234

2. Financial Chargeback System for Administratively Linked Community and Technical Colleges...... pg 244

B. Final Approval of Joint Rule, Series 30, Purchasing...... pg 253

C. Discussion of Joint Legislative Rule, Series 2, Higher Education Finance Policy ...... pg 283

West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Peers for Administratively Linked Community and Technical Colleges

INSTITUTIONS: Community and Technical College of Shepherd Community and Technical College of WVU Tech Fairmont State Community and Technical College Marshall Community and Technical College New River Community and Technical College WV State Community and Technical College

COMMITTEE: Commission/Council Items

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission adopts the list of 25 computed peers for each the six administratively linked CTC institutions with the consent of the WV Council for Community and Technical College Education and recommends approval by the Legislative Oversight Commission on Education Accountability.

STAFF MEMBER: Jim Barton

BACKGROUND:

West Virginia Code § 18B-1A-3 governs the selection and utilization of peer institutions, including those for independently accredited community and technical colleges.

Peer institutions are to be used for “benchmarks for comparison purposes” for determining adjustments to base operating budgets; determination of comparable tuition levels; determination of faculty and staff teaching requirements and other workloads; and for other purposes deemed useful or necessary.

The West Virginia Higher Education Policy Commission is responsible for overseeing the selection process, and must adopt any new peer groups before final approval by the Legislative Oversight Commission on Education Accountability (LOCEA). The adoption of peers for the administratively-linked CTC institutions is also to be done in collaboration with the WV Council for Community and Technical College Education.

Pursuant to guidance from legislative leadership, new peer groups are only being developed for administratively linked CTC institutions with no formal peers. The other 2-

234 year institutions and 4-year colleges and universities will maintain existing peer lists previously adopted by the Commission.

Chancellor Skidmore and HEPC research staff completed a review of the computed peer lists with each of the CTC presidents. During the comment period, it was recommended that each peer list contain no more than five (5) peers from any given state to minimize the impact of any disproportionate funding shifts. This constraint was adopted for all six lists after determining that it would have reasonable benefits for minimal impact on overall totals.

A summary table showing the expenditures per FTE for each of the institutions in comparison to computed, SREB, and national peer sets is attached. This table also contains “closeness of fit” scores for computed peers as well as detailed footnotes on the datasets used to compute each column. Detailed tables showing the top 25 peers for each of the six administratively linked institutions are also included.

For referential purposes, the list of 10 original peers for each of the independent 2-year institutions is attached, including average “closeness of fit” scores calculated from the most recent academic year 2002-2003 IPEDS data. These “closeness of fit” scores are consistent with the proposed peers for the administratively linked institutions.

Pending the consent of the Council during their December 2, 2004 meeting and subsequent adoption by the Commission, these peer lists will be forwarded to LOCEA for final approval.

235 Comparison of Expenditures per FTE between Peer Selection Methodologies for WV Community Colleges

WV Expenditures Per FTE * Peer Expenditures Per FTE ** FY 2003 Exp. Per Original Computed Average Institution FTEs Expenditures FTE Peers Peers Distance SREB National Community and Technical College of Shepherd 739 3,840,000 5,196 N/A 8,518 2.22 8,020 7,676 Community and Technical College of WVU Tech 500 4,498,000 8,996 N/A 9,262 5.82 8,020 7,676 Fairmont State Community and Technical College 2,082 12,211,000 5,865 N/A 8,281 2.52 7,087 7,676 Marshall Community and Technical College 1,582 7,508,000 4,746 N/A 8,252 2.45 8,020 7,676 New River Community and Technical College 1,432 5,789,000 4,043 N/A 8,501 1.95 8,020 7,676 WV State Community and Technical College 1,051 5,041,000 4,796 N/A 7,566 1.48 8,020 7,676

* WV Expenditures Per FTE is calculated by dividing academic year 03-04 FTE levels into fiscal year 2003 expenditure levels. Expenditures include instruction; academic support; student services; operations and maintenance of plant; and general institutional support. ** The differing methods shown for computing Peer Expenditures Per FTE include: Original Peers - Peers set in code, only applying to 2 institutions. Fiscal year 2003 and academic year 02-03 data used to show updated expenditure per FTE levels. Computed Peers - Updated list of top 25 computed peers using peer academic year 02-03 and fiscal 2003 data. Average Distance - Shows average "closeness of fit" for computed peers. Lower scores are better. SREB - Cumulative expenditures per FTE computed from the Southern Regional Education Boards's list of 2-year colleges with FTE<2,000 or FTE between 2,000 and 4,999. National - Cumulative expenditures per FTE computed from IPEDS institutions where CARN2K classification = 40. 236 2-Year Peer Calculations Academic Year 2002-2003 and Fiscal 2003 for Peer Data Top 25 Peers Determine Revenue and Expenditure Averages

IPEDS Unit Distance Revenue Expenditures % % Arts & % Bus. & Obs Institution Name ID State from Peer Headcount FTE Revenues Per FTE Expenditures Per FTE % Part-Time Certificate % Accoc. Sci. Data % Health % Service % Tech. % Trades COMMUNITY AND TECHNICAL COLLEGE OF 1 SHEPHERD 2377922 WV 0 1,520 739 3,840,000 5,196 72.4342 0 100 14.8936 32.9787 17.0213 14.8936 19.1489 1.06383 2 EDISON STATE COMMUNITY COLLEGE 202648 OH 1.3508 3,000 1,685 10,830,589 6,426 12,403,172 7,359 65.73 10 90 30.5 24.9 12.9 12.6 19.1 0

3 STARK STATE COLLEGE OF TECHNOLOGY 205841 OH 1.83954 5,178 2,761 21,103,831 7,644 21,028,820 7,617 70.03 7.1 92.9 1.5 32.8 37.1 12.5 15.9 0.2 4 ASNUNTUCK COMMUNITY COLLEGE 128577 CT 2.02173 1,724 864 9,041,706 10,465 9,484,809 10,978 74.83 26.6 73.4 33.2 29.9 5.5 12 19.3 0 CINCINNATI STATE TECHNICAL AND 5 COMMUNITY COLLEGE 201928 OH 2.02768 7,539 4,512 32,762,291 7,262 45,267,780 10,033 60.23 6 94 15.3 31.4 21.2 7.5 24.6 0 SPRINGFIELD TECHNICAL COMMUNITY 6 COLLEGE 167905 MA 2.07289 6,282 3,907 35,404,737 9,061 37,995,354 9,724 56.7 16.7 83.3 19.9 23 19.7 15 20.6 1.8

7 NORTHWEST STATE COMMUNITY COLLEGE 204440 OH 2.08743 3,096 1,705 11,284,301 6,617 11,656,336 6,835 67.38 18.5 81.5 1 29.6 23.7 26.8 13.9 4.9 8 NEW HAMPSHIRE TECHNICAL INSTITUTE 183099 NH 2.09988 3,767 2,232 16,674,331 7,471 16,596,072 7,437 61.14 15.5 84.5 7 26.1 34.2 18.8 13.9 0 9 GATEWAY COMMUNITY COLLEGE 130396 CT 2.13067 5,328 2,791 22,925,111 8,215 25,550,735 9,156 71.43 25.7 74.3 26.6 21.8 19 12.1 17.3 3.2

10 LUZERNE COUNTY COMMUNITY COLLEGE 213659 PA 2.16457 6,053 3,817 30,304,576 7,939 35,269,311 9,240 55.41 8.5 91.5 18.1 21.2 22.3 15.2 15.2 8 11 FINGER LAKES COMMUNITY COLLEGE 191199 NY 2.18806 4,955 3,222 25,067,071 7,779 24,874,158 7,719 52.45 3.8 96.2 37.8 23.2 11 11.1 17 0 NASHVILLE STATE TECHNICAL COMMUNITY 12 COLLEGE 221184 TN 2.19291 6,874 3,630 19,505,645 5,373 22,466,684 6,189 70.79 18.5 81.5 19.3 43.3 7.2 6.3 18 6 13 BERKSHIRE COMMUNITY COLLEGE 164775 MA 2.20765 2,254 1,373 14,857,587 10,824 17,213,396 12,540 58.65 22.9 77.1 27.1 25.3 22.3 13 12.3 0 NORTHERN NEW MEXICO COMMUNITY 14 COLLEGE 188058 NM 2.21044 2,264 1,174 9,271,335 7,897 12,062,695 10,275 72.22 28.6 71.4 8.3 23.2 26.2 14.9 17.3 10.1 KENT STATE UNIVERSITY-TUSCARAWS 15 REGIONAL CAMPUS 203483 OH 2.26624 1,929 1,292 9,103,577 7,048 8,348,878 6,464 49.56 3.7 96.3 35.8 21.1 17.5 11.8 13.8 0 KENT STATE UNIVERSITY-ASHTABULA 16 REGIONAL CAMPUS 203447 OH 2.26929 1,396 865 6,534,537 7,551 6,466,111 7,472 57.02 0 100 16.7 28.7 34.3 11.1 9.3 0 17 THREE RIVERS COMMUNITY COLLEGE 129808 CT 2.28038 3,624 1,884 18,640,869 9,894 19,236,120 10,210 72.02 8.9 91.1 43.1 14.9 14.9 8.1 19.1 0

18 NAUGATUCK VALLEY COMMUNITY COLLEGE 129729 CT 2.31456 5,315 3,041 31,107,854 10,229 32,012,745 10,527 64.18 15.6 84.4 23.9 15 21.5 13.2 24.1 2.2 19 MIDDLESEX COMMUNITY COLLEGE 129756 CT 2.33437 2,440 1,283 12,718,166 9,915 13,225,218 10,311 71.15 12.5 87.5 40.3 25.5 18.5 6 9.7 0 20 NORWALK COMMUNITY COLLEGE 130004 CT 2.39539 5,717 3,107 29,744,540 9,573 32,304,299 10,397 68.48 16.4 83.6 33.2 31.8 9.7 16.8 8.5 0 OKLAHOMA STATE UNIVERSITY-OKLAHOMA 21 CITY 207397 OK 2.40179 4,958 2,776 13,409,786 4,831 14,276,055 5,143 66.01 11.1 88.9 7.7 25.8 24.9 30 11.4 0.2 22 NEW RIVER COMMUNITY COLLEGE 232867 VA 2.43766 3,938 2,520 12,967,596 5,146 13,810,906 5,481 54.01 17.3 82.7 30.4 31 21 2.9 12.9 1.8 23 IVY TECH STATE COLLEGE-SOUTHWEST 151050 IN 2.45888 4,348 2,249 11,172,945 4,969 13,442,446 5,978 72.42 14.8 85.2 8.4 33.2 23 0.9 15.3 19.3 24 SANTA FE COMMUNITY COLLEGE 188137 NM 2.48941 3,925 1,906 24,699,738 12,957 20,521,541 10,765 77.15 14.4 85.6 27.1 29.3 10.5 21.5 6.6 5 25 QUINSIGAMOND COMMUNITY COLLEGE 167534 MA 2.49008 6,622 3,657 25,298,041 6,917 29,331,365 8,020 67.15 25.2 74.8 23.4 25.4 23.8 15.8 11 0.7 26 HENRY FORD COMMUNITY COLLEGE 170240 MI 2.50494 10,942 5,643 52,714,108 9,341 62,026,880 10,991 72.64 12.3 87.7 14.3 23.9 16.2 12.3 23.9 9.4 27 NORTH CENTRAL STATE COLLEGE 204422 OH 2.506 3,421 1,797 12,226,585 6,804 15,204,020 8,461 71.21 24.6 75.4 1.6 28.7 41.2 14.5 13.9 0.2 28 JAMES A RHODES STATE COLLEGE 203678 OH 2.51043 3,002 1,986 14,292,929 7,197 15,573,863 7,842 50.77 27 73 0.5 36.2 31.1 14.6 17.7 0 29 MASSASOIT COMMUNITY COLLEGE 166823 MA 2.51752 7,005 4,468 31,240,282 6,991 33,713,212 7,545 54.32 5.5 94.5 27.4 24.4 19.9 17.5 10.2 0.7 30 BARSTOW COLLEGE 109907 CA 2.51899 3,240 1,644 11,009,940 6,697 10,647,472 6,477 73.89 11.5 88.5 26.1 41.8 6.2 15.5 6.2 4.2 31 ALPENA COMMUNITY COLLEGE 168607 MI 2.55352 2,055 1,356 11,244,264 8,290 15,393,928 11,350 51 22.7 77.3 19.5 18.2 15.8 19 17.1 10.4 32 RANDOLPH COMMUNITY COLLEGE 199421 NC 2.55406 2,187 1,268 10,281,887 8,107 11,803,583 9,306 63.01 24.6 75.4 31.6 27.6 9.4 13.1 9.4 8.8 CAMBRIA COUNTY AREA COMMUNITY 33 COLLEGE 414911 PA 2.56203 1,423 877 5,040,762 5,748 4,892,794 5,579 57.55 10.2 89.8 15.6 43.5 11.6 0.7 28.6 0 34 SURRY COMMUNITY COLLEGE 199768 NC 2.58932 3,488 2,280 15,439,610 6,772 16,675,759 7,314 51.95 20.1 79.9 26.4 27.1 16.6 12.1 9.8 8

35 NORTHERN ESSEX COMMUNITY COLLEGE 167376 MA 2.6341 6,621 3,638 27,651,281 7,601 30,672,346 8,432 67.59 31.8 68.2 25.9 25.3 24.4 10.8 13.6 0 Average Distance to Seed (Top 25) 2.2094896 Total FTE, Revenues and Expenditures (Top 25) 63,896 507,144,868 556,871,886 Revenues and Expenditures Per FTE (Top 25) 7,937 8,715 237 2-Year Peer Calculations Academic Year 2002-2003 and Fiscal 2003 for Peer Data Top 25 Peers Determine Revenue and Expenditure Averages

IPEDS Unit Distance Revenue Expenditures % % Arts & % Bus. & Obs Institution Name ID State from Peer Headcount FTE Revenues Per FTE Expenditures Per FTE % Part-Time Certificate % Accoc. Sci. Data % Health % Service % Tech. % Trades COMMUNITY AND TECHNICAL COLLEGE OF 1 WVU TECH 2379502 WV 0 666 500 4,498,000 8,996 21.6216 0 100 1.2048 13.253 32.5301 0 53.012 0 4 TERRA STATE COMMUNITY COLLEGE 206011 OH 4.58491 2,484 1,526 10,987,358 7,200 10,689,669 7,005 57.85 13.3 86.7 25.6 22.2 1 9.6 35.8 5.8 5 OLYMPIC COLLEGE 236188 WA 4.59141 6,151 4,160 . . 28,024,753 6,737 48.56 38.9 61.1 40.3 8.7 7.3 2.3 39.5 1.9 6 HONOLULU COMMUNITY COLLEGE 141680 HI 4.71594 4,478 2,642 19,548,007 7,399 24,135,090 9,135 61.5 7.4 92.6 19.8 0 0 22.1 44.8 13.2

8 CLEVELAND STATE COMMUNITY COLLEGE 219879 TN 5.37605 3,127 2,149 12,271,906 5,711 13,698,047 6,374 46.91 24.1 75.9 41.3 16.9 12.7 3.7 25.4 0 THADDEUS STEVENS COLLEGE OF 9 TECHNOLOGY 216296 PA 5.46224 625 625 . . 10,325,523 16,521 0 0 100 0 14.2 0 0 37.1 48.7 CAMBRIA COUNTY AREA COMMUNITY 10 COLLEGE 414911 PA 5.46409 1,423 877 5,040,762 5,748 4,892,794 5,579 57.55 10.2 89.8 15.6 43.5 11.6 0.7 28.6 0 CINCINNATI STATE TECHNICAL AND 12 COMMUNITY COLLEGE 201928 OH 5.68274 7,539 4,512 32,762,291 7,262 45,267,780 10,033 60.23 6 94 15.3 31.4 21.2 7.5 24.6 0 13 BELMONT TECHNICAL COLLEGE 201283 OH 5.69754 1,674 1,288 8,735,638 6,782 8,313,505 6,455 34.59 24.3 75.7 0 24.7 41.3 12 19.7 2.3

14 NAUGATUCK VALLEY COMMUNITY COLLEGE 129729 CT 5.74516 5,315 3,041 31,107,854 10,229 32,012,745 10,527 64.18 15.6 84.4 23.9 15 21.5 13.2 24.1 2.2 15 CENTRAL MAINE COMMUNITY COLLEGE 161077 ME 5.75591 1,646 1,063 9,131,361 8,587 9,743,544 9,163 53.1 20.2 79.8 6.6 18.4 18 6.6 23.7 26.8

16 TEXAS STATE TECHNICAL COLLEGE-WACO 228680 TX 5.76018 4,143 3,383 41,778,837 12,350 42,877,951 12,675 27.52 28.6 71.4 1.7 29.7 7.6 5.5 25.9 29.7 NORTH DAKOTA STATE COLLEGE OF 17 SCIENCE 200305 ND 5.84001 2,439 2,060 17,030,819 8,266 18,990,650 9,217 23.29 23.5 76.5 13 17.8 13.4 1.1 22.5 32.1 18 ITASCA COMMUNITY COLLEGE 173805 MN 5.89937 1,102 935 7,689,389 8,227 9,990,508 10,689 22.78 17 83 55.6 10 12 1.9 20.5 0 SUNY COLLEGE OF TECHNOLOGY AT 19 ALFRED 196006 NY 6.04732 3,296 3,053 23,820,790 7,802 30,079,207 9,851 11.04 0.8 86.9 14.7 18.3 10.4 9.3 20 27.3 TEXAS STATE TECHNICAL COLLEGE- 20 HARLINGEN 229319 TX 6.08137 4,073 2,766 25,418,406 9,188 29,302,125 10,592 48.12 52.4 47.6 5.2 17.1 30.7 3.3 23.9 19.8 SPRINGFIELD TECHNICAL COMMUNITY 21 COLLEGE 167905 MA 6.13318 6,282 3,907 35,404,737 9,061 37,995,354 9,724 56.7 16.7 83.3 19.9 23 19.7 15 20.6 1.8 22 VERMILION COMMUNITY COLLEGE 175157 MN 6.21791 961 734 6,298,165 8,577 5,570,829 7,586 35.38 24.6 75.4 34.4 1.5 0 35.9 28.2 0 23 HAYWOOD COMMUNITY COLLEGE 198668 NC 6.2213 1,882 1,175 10,990,680 9,356 8,903,289 7,579 56.38 34.7 65.3 12.7 14.3 11.6 22.4 23.9 15.1 DELAWARE TECHNICAL & COMM COLL- 24 STANTON-WILMINGTON 130916 DE 6.25398 6,892 4,113 . . 37,707,472 9,167 60.48 16.7 83.3 4.3 13.8 34.6 25.5 21.8 0

25 VIRGINIA HIGHLANDS COMMUNITY COLLEGE 233903 VA 6.25433 2,595 1,581 7,627,154 4,824 9,498,131 6,008 58.61 39.9 60.1 22 14.7 34.6 8.4 20.3 0 26 EASTERN MAINE COMMUNITY COLLEGE 161138 ME 6.26608 1,790 1,093 8,446,165 7,730 10,329,015 9,453 58.44 13.6 86.4 1.8 23.2 18.6 10.5 20.5 25.5 27 BISMARCK STATE COLLEGE 200022 ND 6.32568 3,168 2,490 16,265,609 6,532 18,216,701 7,316 32.1 20.2 79.8 47.9 11.5 7.4 0.6 18.5 14.1 29 BRAZOSPORT COLLEGE 223506 TX 6.36715 4,095 2,072 17,126,513 8,264 18,522,060 8,938 74.09 45.8 54.2 22.2 15.6 2.1 6.1 31.1 22.9 UNIVERSITY OF NEW MEXICO-LOS ALAMOS 30 CAMPUS 187976 NM 6.38922 847 432 3,537,171 8,194 3,789,860 8,780 73.55 20.6 79.4 52.9 20.6 0 0 26.5 0 31 HENRY FORD COMMUNITY COLLEGE 170240 MI 6.40216 10,942 5,643 52,714,108 9,341 62,026,880 10,991 72.64 12.3 87.7 14.3 23.9 16.2 12.3 23.9 9.4

32 MOUNTAIN EMPIRE COMMUNITY COLLEGE 232788 VA 6.48988 3,014 1,835 8,821,525 4,808 11,221,126 6,116 58.69 35.2 64.8 16.5 22.7 37.7 5.5 17.7 0

33 WRIGHT STATE UNIVERSITY-LAKE CAMPUS 206613 OH 6.49912 867 645 6,535,634 10,133 4,249,584 6,589 38.41 0 100 9.1 57.6 0 9.1 24.2 0 34 GRAYSON COUNTY COLLEGE 225070 TX 6.51227 3,150 2,181 15,836,643 7,260 14,404,794 6,604 46.13 43 57 16.7 22.4 22.9 12.3 18.1 7.6 SUNY COLLEGE OF TECHNOLOGY AT 35 CANTON 196015 NY 6.51458 2,422 2,111 15,298,483 7,246 18,920,596 8,961 19.24 10.9 84 16.9 22.7 15.9 15.9 14.8 13.8 Average Distance to Seed (Top 25) 5.8214092 Total FTE, Revenues and Expenditures (Top 25) 57,320 403,733,720 530,903,482 Revenues and Expenditures Per FTE (Top 25) 7,044 9,262 238 2-Year Peer Calculations Academic Year 2002-2003 and Fiscal 2003 for Peer Data Top 25 Peers Determine Revenue and Expenditure Averages

IPEDS Unit Distance Revenue Expenditures % % Arts & % Bus. & Obs Institution Name ID State from Peer Headcount FTE Revenues Per FTE Expenditures Per FTE % Part-Time Certificate % Accoc. Sci. Data % Health % Service % Tech. % Trades FAIRMONT STATE COMMUNITY AND 1 TECHNICAL COLLEGE 2373672 WV 0 3,296 2,082 12,211,000 5,865 43.932 0 100 12.069 13.1034 41.0345 7.5862 20 6.2069

2 WASHINGTON STATE COMMUNITY COLLEGE 206446 OH 1.86269 2,086 1,478 10,192,162 6,896 13,610,135 9,208 43.72 11.9 88.1 16.7 20.6 32.8 13.8 11.9 4.2 3 BELMONT TECHNICAL COLLEGE 201283 OH 2.07948 1,674 1,288 8,735,638 6,782 8,313,505 6,455 34.59 24.3 75.7 0 24.7 41.3 12 19.7 2.3

4 LUZERNE COUNTY COMMUNITY COLLEGE 213659 PA 2.1353 6,053 3,817 30,304,576 7,939 35,269,311 9,240 55.41 8.5 91.5 18.1 21.2 22.3 15.2 15.2 8 5 SOUTHERN MAINE COMMUNITY COLLEGE 161545 ME 2.29502 2,850 1,795 17,283,933 9,631 17,507,257 9,755 55.54 6.1 93.9 13.2 10.2 24.2 22.9 15.8 13.7 6 CENTRAL OHIO TECHNICAL COLLEGE 201672 OH 2.37357 2,225 1,328 9,438,949 7,106 10,704,357 8,058 60.45 12.1 87.9 0 24.9 47.8 14.8 12.5 0

7 NAUGATUCK VALLEY COMMUNITY COLLEGE 129729 CT 2.38461 5,315 3,041 31,107,854 10,229 32,012,745 10,527 64.18 15.6 84.4 23.9 15 21.5 13.2 24.1 2.2 8 ST PHILIPS COLLEGE 227854 TX 2.39265 8,978 5,532 32,457,917 5,867 42,571,278 7,695 57.57 1.4 98.6 16.7 9.7 33 5.3 13.3 21.9 SPRINGFIELD TECHNICAL COMMUNITY 9 COLLEGE 167905 MA 2.40319 6,282 3,907 35,404,737 9,061 37,995,354 9,724 56.7 16.7 83.3 19.9 23 19.7 15 20.6 1.8 KENT STATE UNIVERSITY-TUSCARAWS 10 REGIONAL CAMPUS 203483 OH 2.44161 1,929 1,292 9,103,577 7,048 8,348,878 6,464 49.56 3.7 96.3 35.8 21.1 17.5 11.8 13.8 0 11 NEW HAMPSHIRE TECHNICAL INSTITUTE 183099 NH 2.48467 3,767 2,232 16,674,331 7,471 16,596,072 7,437 61.14 15.5 84.5 7 26.1 34.2 18.8 13.9 0 KENT STATE UNIVERSITY-ASHTABULA 12 REGIONAL CAMPUS 203447 OH 2.53987 1,396 865 6,534,537 7,551 6,466,111 7,472 57.02 0 100 16.7 28.7 34.3 11.1 9.3 0 DELAWARE TECHNICAL & COMM COLL- 13 STANTON-WILMINGTON 130916 DE 2.56135 6,892 4,113 38,871,518 9,451 37,707,472 9,167 60.48 16.7 83.3 4.3 13.8 34.6 25.5 21.8 0 14 GADSDEN STATE COMMUNITY COLLEGE 101240 AL 2.5648 5,187 3,636 20,893,591 5,746 23,547,490 6,476 44.84 34.4 65.6 18.2 17.7 27.2 6.3 16 14.6 15 LAKE MICHIGAN COLLEGE 170620 MI 2.56773 3,586 1,961 19,496,138 9,944 21,404,627 10,917 67.99 11.6 88.4 18.5 7.2 43.3 17.6 10.7 2.7

16 MOUNTAIN EMPIRE COMMUNITY COLLEGE 232788 VA 2.5893 3,014 1,835 8,821,525 4,808 11,221,126 6,116 58.69 35.2 64.8 16.5 22.7 37.7 5.5 17.7 0

17 MOUNT WACHUSETT COMMUNITY COLLEGE 166957 MA 2.61743 3,961 2,559 20,462,934 7,996 23,820,163 9,308 53.09 22.9 77.1 24.7 22.5 28.5 13 10.3 1

18 KENNEBEC VALLEY COMMUNITY COLLEGE 161192 ME 2.65304 1,501 804 5,167,037 6,424 8,513,742 10,585 69.62 28.1 71.9 3.1 13.7 36.6 10.6 19.5 16.4 19 ALPENA COMMUNITY COLLEGE 168607 MI 2.65751 2,055 1,356 11,244,264 8,290 15,393,928 11,350 51 22.7 77.3 19.5 18.2 15.8 19 17.1 10.4 20 JEFFERSON COMMUNITY COLLEGE 203331 OH 2.69854 1,572 1,059 7,539,561 7,122 8,097,254 7,649 48.98 32 68 8.9 22.2 34.7 19.6 14.7 0 CINCINNATI STATE TECHNICAL AND 21 COMMUNITY COLLEGE 201928 OH 2.70223 7,539 4,512 32,762,291 7,262 45,267,780 10,033 60.23 6 94 15.3 31.4 21.2 7.5 24.6 0

22 STARK STATE COLLEGE OF TECHNOLOGY 205841 OH 2.72638 5,178 2,761 21,103,831 7,644 21,028,820 7,617 70.03 7.1 92.9 1.5 32.8 37.1 12.5 15.9 0.2

23 VIRGINIA HIGHLANDS COMMUNITY COLLEGE 233903 VA 2.72913 2,595 1,581 7,627,154 4,824 9,498,131 6,008 58.61 39.9 60.1 22 14.7 34.6 8.4 20.3 0 24 FINGER LAKES COMMUNITY COLLEGE 191199 NY 2.72916 4,955 3,222 25,067,071 7,779 24,874,158 7,719 52.45 3.8 96.2 37.8 23.2 11 11.1 17 0 25 EASTERN MAINE COMMUNITY COLLEGE 161138 ME 2.79007 1,790 1,093 8,446,165 7,730 10,329,015 9,453 58.44 13.6 86.4 1.8 23.2 18.6 10.5 20.5 25.5 26 ROANE STATE COMMUNITY COLLEGE 221397 TN 2.79764 5,233 3,695 22,283,503 6,031 25,707,045 6,957 44.09 15 85 32.8 15 35.7 11 5.5 0 UNIVERSITY OF CINCINNATI-RAYMOND 27 WALTERS COLLEGE 201955 OH 2.79897 4,015 2,606 18,747,763 7,195 20,829,367 7,994 52.65 7.8 89.6 14.5 25.2 41.6 13.3 5.3 0 KENT STATE UNIVERSITY-SALEM REGIONAL 28 CAMPUS 203492 OH 2.80268 1,220 788 5,320,307 6,752 5,336,873 6,773 53.11 3.2 95.7 6.5 25.8 39.8 20.4 7.5 0 29 MERIDIAN COMMUNITY COLLEGE 175935 MS 2.8146 3,329 2,732 11,989,982 4,388 17,330,365 6,343 26.88 25.2 74.8 33.6 10.1 38.4 3.4 8.9 5.7 30 CENTRAL MAINE COMMUNITY COLLEGE 161077 ME 2.84714 1,646 1,063 9,131,361 8,587 9,743,544 9,163 53.1 20.2 79.8 6.6 18.4 18 6.6 23.7 26.8 31 ITAWAMBA COMMUNITY COLLEGE 175829 MS 2.85012 4,174 3,340 . . 23,067,392 6,906 29.97 23.8 76.2 26.4 15.1 34.2 4.2 7.3 12.7 32 PITT COMMUNITY COLLEGE 199333 NC 2.85806 5,797 3,794 21,025,506 5,542 26,255,627 6,921 51.84 29.1 70.9 15.9 23.9 36.4 8.8 8.3 6.6 33 NEW RIVER COMMUNITY COLLEGE 232867 VA 2.86821 3,938 2,520 12,967,596 5,146 13,810,906 5,481 54.01 17.3 82.7 30.4 31 21 2.9 12.9 1.8 34 BERKSHIRE COMMUNITY COLLEGE 164775 MA 2.8717 2,254 1,373 14,857,587 10,824 17,213,396 12,540 58.65 22.9 77.1 27.1 25.3 22.3 13 12.3 0 35 SANDHILLS COMMUNITY COLLEGE 199634 NC 2.8794 3,467 2,328 16,563,707 7,114 20,465,670 8,790 49.26 23.9 76.1 22.3 21.1 33 12.3 6.1 5.2 Average Distance to Seed (Top 25) 2.5110788 Total FTE, Revenues and Expenditures (Top 25) 60,762 457,024,794 515,805,754 Revenues and Expenditures Per FTE (Top 25) 7,522 8,489 239 2-Year Peer Calculations Academic Year 2002-2003 and Fiscal 2003 for Peer Data Top 25 Peers Determine Revenue and Expenditure Averages

IPEDS Unit Distance Revenue Expenditures % % Arts & % Bus. & Obs Institution Name ID State from Peer Headcount FTE Revenues Per FTE Expenditures Per FTE % Part-Time Certificate % Accoc. Sci. Data % Health % Service % Tech. % Trades MARSHALL COMMUNITY AND TECHNICAL 1 COLLEGE 2375252 WV 0 2,393 1,582 7,508,000 4,746 44.6302 0 100 17.8042 10.9792 45.1039 9.7923 16.0237 0.29674

2 WASHINGTON STATE COMMUNITY COLLEGE 206446 OH 1.6245 2,086 1,478 10,192,162 6,896 13,610,135 9,208 43.72 11.9 88.1 16.7 20.6 32.8 13.8 11.9 4.2 3 LAKE MICHIGAN COLLEGE 170620 MI 2.08133 3,586 1,961 19,496,138 9,944 21,404,627 10,917 67.99 11.6 88.4 18.5 7.2 43.3 17.6 10.7 2.7 4 CENTRAL OHIO TECHNICAL COLLEGE 201672 OH 2.09762 2,225 1,328 9,438,949 7,106 10,704,357 8,058 60.45 12.1 87.9 0 24.9 47.8 14.8 12.5 0 KENT STATE UNIVERSITY-ASHTABULA 5 REGIONAL CAMPUS 203447 OH 2.21441 1,396 865 6,534,537 7,551 6,466,111 7,472 57.02 0 100 16.7 28.7 34.3 11.1 9.3 0 6 ROANE STATE COMMUNITY COLLEGE 221397 TN 2.27284 5,233 3,695 22,283,503 6,031 25,707,045 6,957 44.09 15 85 32.8 15 35.7 11 5.5 0 7 BELMONT TECHNICAL COLLEGE 201283 OH 2.2839 1,674 1,288 8,735,638 6,782 8,313,505 6,455 34.59 24.3 75.7 0 24.7 41.3 12 19.7 2.3 KENT STATE UNIVERSITY-TUSCARAWS 8 REGIONAL CAMPUS 203483 OH 2.307 1,929 1,292 9,103,577 7,048 8,348,878 6,464 49.56 3.7 96.3 35.8 21.1 17.5 11.8 13.8 0

9 LUZERNE COUNTY COMMUNITY COLLEGE 213659 PA 2.31723 6,053 3,817 30,304,576 7,939 35,269,311 9,240 55.41 8.5 91.5 18.1 21.2 22.3 15.2 15.2 8 UNIVERSITY OF CINCINNATI-RAYMOND 10 WALTERS COLLEGE 201955 OH 2.3197 4,015 2,606 18,747,763 7,195 20,829,367 7,994 52.65 7.8 89.6 14.5 25.2 41.6 13.3 5.3 0 KENT STATE UNIVERSITY-SALEM REGIONAL 11 CAMPUS 203492 OH 2.34752 1,220 788 5,320,307 6,752 5,336,873 6,773 53.11 3.2 95.7 6.5 25.8 39.8 20.4 7.5 0 12 NEW HAMPSHIRE TECHNICAL INSTITUTE 183099 NH 2.36399 3,767 2,232 16,674,331 7,471 16,596,072 7,437 61.14 15.5 84.5 7 26.1 34.2 18.8 13.9 0

13 MOUNT WACHUSETT COMMUNITY COLLEGE 166957 MA 2.37499 3,961 2,559 20,462,934 7,996 23,820,163 9,308 53.09 22.9 77.1 24.7 22.5 28.5 13 10.3 1 14 SOUTHERN MAINE COMMUNITY COLLEGE 161545 ME 2.38317 2,850 1,795 17,283,933 9,631 17,507,257 9,755 55.54 6.1 93.9 13.2 10.2 24.2 22.9 15.8 13.7 MASSACHUSETTS BAY COMMUNITY 15 COLLEGE 166647 MA 2.50723 4,994 3,378 25,521,683 7,555 26,561,594 7,863 48.54 31.3 68.7 21.1 17.9 46.5 6.7 7.6 0 16 MERIDIAN COMMUNITY COLLEGE 175935 MS 2.52738 3,329 2,732 11,989,982 4,388 17,330,365 6,343 26.88 25.2 74.8 33.6 10.1 38.4 3.4 8.9 5.7 17 JACKSON STATE COMMUNITY COLLEGE 220400 TN 2.53679 3,949 2,752 15,642,163 5,685 18,322,527 6,659 45.48 0.8 99.2 45.5 16.9 26.6 5.1 5.9 0 18 SANDHILLS COMMUNITY COLLEGE 199634 NC 2.54066 3,467 2,328 16,563,707 7,114 20,465,670 8,790 49.26 23.9 76.1 22.3 21.1 33 12.3 6.1 5.2 19 JEFFERSON COMMUNITY COLLEGE 203331 OH 2.54675 1,572 1,059 7,539,561 7,122 8,097,254 7,649 48.98 32 68 8.9 22.2 34.7 19.6 14.7 0 20 BAY DE NOC COMMUNITY COLLEGE 168883 MI 2.60168 2,378 1,646 10,823,232 6,575 12,973,412 7,882 46.17 23.4 76.6 31.3 22.4 30.5 5.3 6.9 3.6 21 SOUTHERN STATE COMMUNITY COLLEGE 205966 OH 2.63027 2,256 1,530 7,372,078 4,818 9,494,993 6,206 48.27 26.2 73.8 24.7 21.3 42.1 7.3 4.6 0

22 MOUNTAIN EMPIRE COMMUNITY COLLEGE 232788 VA 2.63276 3,014 1,835 8,821,525 4,808 11,221,126 6,116 58.69 35.2 64.8 16.5 22.7 37.7 5.5 17.7 0 23 ALLEGANY COLLEGE OF MARYLAND 161688 MD 2.68683 3,241 2,334 17,874,687 7,657 20,138,462 8,627 41.96 27 73 19.5 22.2 44.5 8.1 4.3 1.4 DELAWARE TECHNICAL & COMM COLL- 24 STANTON-WILMINGTON 130916 DE 2.69235 6,892 4,113 38,871,518 9,451 37,707,472 9,167 60.48 16.7 83.3 4.3 13.8 34.6 25.5 21.8 0 SPRINGFIELD TECHNICAL COMMUNITY 25 COLLEGE 167905 MA 2.69754 6,282 3,907 35,404,737 9,061 37,995,354 9,724 56.7 16.7 83.3 19.9 23 19.7 15 20.6 1.8 26 ST PHILIPS COLLEGE 227854 TX 2.70025 8,978 5,532 32,457,917 5,867 42,571,278 7,695 57.57 1.4 98.6 16.7 9.7 33 5.3 13.3 21.9 27 LORAIN COUNTY COMMUNITY COLLEGE 203748 OH 2.70967 8,898 5,172 41,818,738 8,086 35,764,732 6,915 62.81 11.7 88.3 34.7 18 33.5 6.1 7.7 0 28 PITT COMMUNITY COLLEGE 199333 NC 2.71775 5,797 3,794 21,025,506 5,542 26,255,627 6,921 51.84 29.1 70.9 15.9 23.9 36.4 8.8 8.3 6.6 29 BERKSHIRE COMMUNITY COLLEGE 164775 MA 2.71942 2,254 1,373 14,857,587 10,824 17,213,396 12,540 58.65 22.9 77.1 27.1 25.3 22.3 13 12.3 0 30 ITAWAMBA COMMUNITY COLLEGE 175829 MS 2.72025 4,174 3,340 . . 23,067,392 6,906 29.97 23.8 76.2 26.4 15.1 34.2 4.2 7.3 12.7

31 NAUGATUCK VALLEY COMMUNITY COLLEGE 129729 CT 2.72307 5,315 3,041 31,107,854 10,229 32,012,745 10,527 64.18 15.6 84.4 23.9 15 21.5 13.2 24.1 2.2 32 IOWA WESTERN COMMUNITY COLLEGE 153630 IA 2.72552 4,120 2,789 . . 25,045,268 8,979 48.45 23.7 76.3 38 17.2 26 2.9 8.3 7.5 33 PEARL RIVER COMMUNITY COLLEGE 176239 MS 2.73098 3,439 2,753 14,307,082 5,197 19,542,643 7,099 29.92 25.4 74.6 33.3 9.9 34.1 6.8 6.4 9.4 34 SPOKANE COMMUNITY COLLEGE 236692 WA 2.73564 7,139 5,530 . . 38,172,033 6,903 33.81 24.5 75.5 27.7 11.8 33.9 9.5 7.8 9.3 ROCHESTER COMMUNITY AND TECHNICAL 35 COLLEGE 174738 MN 2.74857 5,524 3,873 28,015,809 7,233 28,541,888 7,369 44.82 35 65 31.8 11.2 38.5 5.6 8.1 4.7 Average Distance to Seed (Top 25) 2.4115476 Total FTE, Revenues and Expenditures (Top 25) 58,850 423,461,138 476,793,208 Revenues and Expenditures Per FTE (Top 25) 7,196 8,102 240 2-Year Peer Calculations Academic Year 2002-2003 and Fiscal 2003 for Peer Data Top 25 Peers Determine Revenue and Expenditure Averages

IPEDS Unit Distance Revenue Expenditures % % Arts & % Bus. & Obs Institution Name ID State from Peer Headcount FTE Revenues Per FTE Expenditures Per FTE % Part-Time Certificate % Accoc. Sci. Data % Health % Service % Tech. % Trades NEW RIVER COMMUNITY AND TECHNICAL 1 COLLEGE 2372152 WV 0 2,006 1,432 5,789,000 4,043 42.9212 12.1813 87.819 15.0142 26.3456 25.2125 12.7479 20.6799 0 SPRINGFIELD TECHNICAL COMMUNITY 2 COLLEGE 167905 MA 1.4658 6,282 3,907 35,404,737 9,061 37,995,354 9,724 56.7 16.7 83.3 19.9 23 19.7 15 20.6 1.8 3 BELMONT TECHNICAL COLLEGE 201283 OH 1.61264 1,674 1,288 8,735,638 6,782 8,313,505 6,455 34.59 24.3 75.7 0 24.7 41.3 12 19.7 2.3

4 WASHINGTON STATE COMMUNITY COLLEGE 206446 OH 1.61762 2,086 1,478 10,192,162 6,896 13,610,135 9,208 43.72 11.9 88.1 16.7 20.6 32.8 13.8 11.9 4.2 5 JAMES A RHODES STATE COLLEGE 203678 OH 1.65137 3,002 1,986 14,292,929 7,197 15,573,863 7,842 50.77 27 73 0.5 36.2 31.1 14.6 17.7 0 KENT STATE UNIVERSITY-TUSCARAWS 6 REGIONAL CAMPUS 203483 OH 1.74506 1,929 1,292 9,103,577 7,048 8,348,878 6,464 49.56 3.7 96.3 35.8 21.1 17.5 11.8 13.8 0

7 LUZERNE COUNTY COMMUNITY COLLEGE 213659 PA 1.75983 6,053 3,817 30,304,576 7,939 35,269,311 9,240 55.41 8.5 91.5 18.1 21.2 22.3 15.2 15.2 8 8 ALPENA COMMUNITY COLLEGE 168607 MI 1.76956 2,055 1,356 11,244,264 8,290 15,393,928 11,350 51 22.7 77.3 19.5 18.2 15.8 19 17.1 10.4 9 WILKES COMMUNITY COLLEGE 199926 NC 1.87419 2,637 1,888 12,377,550 6,555 17,164,783 9,090 42.59 33.8 66.2 16.7 31.4 17.5 12.7 14.6 7.2 10 EDISON STATE COMMUNITY COLLEGE 202648 OH 1.88353 3,000 1,685 10,830,589 6,426 12,403,172 7,359 65.73 10 90 30.5 24.9 12.9 12.6 19.1 0 11 FINGER LAKES COMMUNITY COLLEGE 191199 NY 1.88996 4,955 3,222 25,067,071 7,779 24,874,158 7,719 52.45 3.8 96.2 37.8 23.2 11 11.1 17 0 12 JEFFERSON COMMUNITY COLLEGE 203331 OH 1.89516 1,572 1,059 7,539,561 7,122 8,097,254 7,649 48.98 32 68 8.9 22.2 34.7 19.6 14.7 0 13 BERKSHIRE COMMUNITY COLLEGE 164775 MA 1.89523 2,254 1,373 14,857,587 10,824 17,213,396 12,540 58.65 22.9 77.1 27.1 25.3 22.3 13 12.3 0 14 NEW HAMPSHIRE TECHNICAL INSTITUTE 183099 NH 1.89747 3,767 2,232 16,674,331 7,471 16,596,072 7,437 61.14 15.5 84.5 7 26.1 34.2 18.8 13.9 0 CINCINNATI STATE TECHNICAL AND 15 COMMUNITY COLLEGE 201928 OH 1.9524 7,539 4,512 32,762,291 7,262 45,267,780 10,033 60.23 6 94 15.3 31.4 21.2 7.5 24.6 0

16 NAUGATUCK VALLEY COMMUNITY COLLEGE 129729 CT 1.99881 5,315 3,041 31,107,854 10,229 32,012,745 10,527 64.18 15.6 84.4 23.9 15 21.5 13.2 24.1 2.2 17 NEW RIVER COMMUNITY COLLEGE 232867 VA 2.01816 3,938 2,520 12,967,596 5,146 13,810,906 5,481 54.01 17.3 82.7 30.4 31 21 2.9 12.9 1.8

18 MOUNT WACHUSETT COMMUNITY COLLEGE 166957 MA 2.03164 3,961 2,559 20,462,934 7,996 23,820,163 9,308 53.09 22.9 77.1 24.7 22.5 28.5 13 10.3 1 20 GRAYSON COUNTY COLLEGE 225070 TX 2.07619 3,150 2,181 15,836,643 7,260 14,404,794 6,604 46.13 43 57 16.7 22.4 22.9 12.3 18.1 7.6 21 MITCHELL COMMUNITY COLLEGE 198987 NC 2.09904 2,091 1,316 10,128,728 7,695 12,072,020 9,171 55.57 35.4 64.6 16.9 22.5 22.2 16.9 14.2 7.3

22 MOUNTAIN EMPIRE COMMUNITY COLLEGE 232788 VA 2.14001 3,014 1,835 8,821,525 4,808 11,221,126 6,116 58.69 35.2 64.8 16.5 22.7 37.7 5.5 17.7 0 ALABAMA SOUTHERN COMMUNITY 23 COLLEGE 101949 AL 2.16149 1,282 1,031 7,456,654 7,230 11,702,683 11,347 29.33 31.5 68.5 29.9 29.1 15.7 6.7 14.2 4.3 24 RICHMOND COMMUNITY COLLEGE 199449 NC 2.17737 1,674 1,157 10,226,419 8,841 10,636,263 9,196 46.36 32.5 67.5 9 26.4 31.8 19.1 10.8 2.9 25 SURRY COMMUNITY COLLEGE 199768 NC 2.18155 3,488 2,280 15,439,610 6,772 16,675,759 7,314 51.95 20.1 79.9 26.4 27.1 16.6 12.1 9.8 8 NORTHEASTERN OKLAHOMA 26 AGRICULTURAL AND MECH COLL 207290 OK 2.18755 1,868 1,528 9,639,717 6,309 9,604,250 6,286 27.3 16.7 83.3 29.4 26.9 14.7 18.1 10.8 0

27 CLEVELAND STATE COMMUNITY COLLEGE 219879 TN 2.20966 3,127 2,149 12,271,906 5,711 13,698,047 6,374 46.91 24.1 75.9 41.3 16.9 12.7 3.7 25.40 NORTHAMPTON COUNTY AREA COMMUNITY 28 COLLEGE 214379 PA 2.22627 5,786 3,675 31,970,626 8,700 38,444,334 10,462 54.74 23.5 76.5 16.6 17.7 21.6 26.9 16.1 1.1 KENT STATE UNIVERSITY-ASHTABULA 29 REGIONAL CAMPUS 203447 OH 2.27273 1,396 865 6,534,537 7,551 6,466,111 7,472 57.02 0 100 16.7 28.7 34.3 11.1 9.3 0 SUNY COLLEGE OF TECHNOLOGY AT 30 CANTON 196015 NY 2.3037 2,422 2,111 15,298,483 7,246 18,920,596 8,961 19.24 10.9 84 16.9 22.7 15.9 15.9 14.8 13.8 31 NUNEZ COMMUNITY COLLEGE 158884 LA 2.31367 2,263 1,506 6,761,860 4,491 9,167,371 6,089 50.2 25.2 74.8 26.7 26 14.1 18.7 9.5 5 32 NORTHWEST COMMUNITY COLLEGE 240657 WY 2.33989 1,626 1,235 13,532,669 10,961 13,690,885 11,089 36.1 3.1 96.9 35.9 28.6 11.4 11.7 9.7 2.8 33 GATEWAY COMMUNITY COLLEGE 130396 CT 2.35004 5,328 2,791 22,925,111 8,215 25,550,735 9,156 71.43 25.7 74.3 26.6 21.8 19 12.1 17.3 3.2 34 MASSASOIT COMMUNITY COLLEGE 166823 MA 2.35103 7,005 4,468 31,240,282 6,991 33,713,212 7,545 54.32 5.5 94.5 27.4 24.4 19.9 17.5 10.2 0.7

35 STARK STATE COLLEGE OF TECHNOLOGY 205841 OH 2.35109 5,178 2,761 21,103,831 7,644 21,028,820 7,617 70.03 7.1 92.9 1.5 32.8 37.1 12.5 15.9 0.2 Average Distance to Seed (Top 25) 1.9276516 Total FTE, Revenues and Expenditures (Top 25) 52,692 393,746,449 445,780,345 Revenues and Expenditures Per FTE (Top 25) 7,473 8,460 241 2-Year Peer Calculations Academic Year 2002-2003 and Fiscal 2003 for Peer Data Top 25 Peers Determine Revenue and Expenditure Averages

IPEDS Unit Distance Revenue Expenditures % % Arts & % Bus. & Obs Institution Name ID State from Peer Headcount FTE Revenues Per FTE Expenditures Per FTE % Part-Time Certificate % Accoc. Sci. Data % Health % Service % Tech. % Trades WV STATE COMMUNITY AND TECHNICAL 1 COLLEGE 2378992 WV 0 1,609 1,051 5,041,000 4,796 36.5444 16.309 83.691 32.1888 30.4721 16.7382 9.8712 10.7296 0 2 NORTHWEST COMMUNITY COLLEGE 240657 WY 0.97054 1,626 1,235 13,532,669 10,961 13,690,885 11,089 36.1 3.1 96.9 35.9 28.6 11.4 11.7 9.7 2.8 NORTHEASTERN OKLAHOMA 3 AGRICULTURAL AND MECH COLL 207290 OK 1.0781 1,868 1,528 9,639,717 6,309 9,604,250 6,286 27.3 16.7 83.3 29.4 26.9 14.7 18.1 10.8 0 MINOT STATE UNIVERSITY-BOTTINEAU 4 CAMPUS 200314 ND 1.15493 609 467 . . 3,421,173 7,326 34.98 11.4 88.6 38.6 32.9 19.3 0 9.3 0 5 SNEAD STATE COMMUNITY COLLEGE 102076 AL 1.24998 1,674 1,249 7,485,726 5,995 7,040,077 5,638 38.11 23.5 76.5 43 28.5 19.1 4 5.4 0 ALABAMA SOUTHERN COMMUNITY 6 COLLEGE 101949 AL 1.27618 1,282 1,031 7,456,654 7,230 11,702,683 11,347 29.33 31.5 68.5 29.9 29.1 15.7 6.7 14.2 4.3 7 SURRY COMMUNITY COLLEGE 199768 NC 1.38363 3,488 2,280 15,439,610 6,772 16,675,759 7,314 51.95 20.1 79.9 26.4 27.1 16.6 12.1 9.8 8 FULTON-MONTGOMERY COMMUNITY 8 COLLEGE 191302 NY 1.42398 1,950 1,527 11,502,828 7,535 12,903,903 8,452 32.56 11.1 88.9 47.9 20.5 9.2 13.4 8.2 0.8 9 EAST ARKANSAS COMMUNITY COLLEGE 106883 AR 1.44538 1,572 1,086 6,727,707 6,195 7,085,263 6,524 46.37 25.5 74.5 42.2 32.3 12.4 8.7 4.3 0 10 NIAGARA COUNTY COMMUNITY COLLEGE 193946 NY 1.45342 5,081 3,790 26,464,317 6,982 33,438,862 8,822 38.1 10.2 89.8 41.1 24 14 14.2 6.5 0.1 11 NORTHERN OKLAHOMA COLLEGE 207281 OK 1.47159 3,046 2,290 9,821,429 4,289 10,756,862 4,697 37.23 0 100 34.5 26.1 11.1 18.4 9.6 0.2 12 NEW RIVER COMMUNITY COLLEGE 232867 VA 1.50774 3,938 2,520 12,967,596 5,146 13,810,906 5,481 54.01 17.3 82.7 30.4 31 21 2.9 12.9 1.8 KENT STATE UNIVERSITY-TUSCARAWS 13 REGIONAL CAMPUS 203483 OH 1.51492 1,929 1,292 9,103,577 7,048 8,348,878 6,464 49.56 3.7 96.3 35.8 21.1 17.5 11.8 13.8 0 14 ADIRONDACK COMMUNITY COLLEGE 188438 NY 1.52037 3,442 2,420 15,311,442 6,327 16,489,739 6,814 44.54 4.5 95.5 45.5 27.7 12.7 9.1 5 0 ABRAHAM BALDWIN AGRICULTURAL 15 COLLEGE 138558 GA 1.52389 3,032 2,255 15,150,075 6,717 18,172,141 8,057 38.42 0.9 99.1 47.7 23.3 13.7 6 7.9 1.4 16 NUNEZ COMMUNITY COLLEGE 158884 LA 1.52538 2,263 1,506 6,761,860 4,491 9,167,371 6,089 50.2 25.2 74.8 26.7 26 14.1 18.7 9.5 5 17 BROOME COMMUNITY COLLEGE 189547 NY 1.53143 6,564 4,957 30,761,940 6,206 35,467,479 7,156 36.73 4.1 95.9 28.8 31.2 17.5 11.1 9.4 2.1 TOMPKINS-CORTLAND COMMUNITY 18 COLLEGE 196565 NY 1.5493 3,085 2,342 18,134,006 7,742 21,124,244 9,018 36.11 1 99 34.6 34.2 11.4 14.3 4.6 0.8 19 MURRAY STATE COLLEGE 207236 OK 1.61875 1,926 1,382 10,502,235 7,599 7,278,329 5,267 42.37 1.4 98.6 31.3 25.3 17.1 16.7 5 4.6 20 WILKES COMMUNITY COLLEGE 199926 NC 1.62927 2,637 1,888 12,377,550 6,555 17,164,783 9,090 42.59 33.8 66.2 16.7 31.4 17.5 12.7 14.6 7.2 21 BAY DE NOC COMMUNITY COLLEGE 168883 MI 1.63196 2,378 1,646 10,823,232 6,575 12,973,412 7,882 46.17 23.4 76.6 31.3 22.4 30.5 5.3 6.9 3.6 22 BERKSHIRE COMMUNITY COLLEGE 164775 MA 1.67788 2,254 1,373 14,857,587 10,824 17,213,396 12,540 58.65 22.9 77.1 27.1 25.3 22.3 13 12.3 0 23 BOSSIER PARISH COMMUNITY COLLEGE 158431 LA 1.71428 4,119 2,834 16,329,958 5,761 19,325,502 6,818 46.78 16 84 27.2 27.8 27.8 10.9 3.3 3

24 MOUNT WACHUSETT COMMUNITY COLLEGE 166957 MA 1.72025 3,961 2,559 20,462,934 7,996 23,820,163 9,308 53.09 22.9 77.1 24.7 22.5 28.5 13 10.3 1

25 WASHINGTON STATE COMMUNITY COLLEGE 206446 OH 1.75181 2,086 1,478 10,192,162 6,896 13,610,135 9,208 43.72 11.9 88.1 16.7 20.6 32.8 13.8 11.9 4.2 26 HUDSON COUNTY COMMUNITY COLLEGE 184995 NJ 1.76226 5,598 4,295 20,755,149 4,832 27,297,660 6,355 34.91 3.5 96.5 40.3 28.5 15 12.1 4 0 27 CORNING COMMUNITY COLLEGE 190442 NY 1.76866 3,928 2,934 22,651,278 7,720 27,024,894 9,211 37.96 3.6 96.4 47.7 20.2 5.5 13.8 9.6 3.2 MOHAWK VALLEY COMMUNITY COLLEGE- 28 UTICA BRANCH 193283 NY 1.78053 5,950 4,556 29,753,840 6,531 30,442,419 6,682 35.14 9.4 90.6 41.2 18.9 12.1 12.3 9.6 6 29 HUTCHINSON COMMUNITY COLLEGE 155195 KS 1.78935 3,913 2,538 18,932,580 7,461 19,156,310 7,549 52.72 12.3 87.7 29.2 26.1 21.1 14.8 4.1 4.7 NORTHEAST STATE TECHNICAL 30 COMMUNITY COLLEGE 221908 TN 1.79854 4,592 3,100 15,459,811 4,987 18,008,885 5,809 48.74 28.3 71.7 27.4 35.9 6.8 7.3 13 9.6 31 ROGERS STATE UNIVERSITY 207661 OK 1.8049 3,307 2,260 15,198,213 6,726 17,660,252 7,815 47.51 0 86.3 20.4 40 17.4 16.5 5.7 0 33 BUTLER COUNTY COMMUNITY COLLEGE 211343 PA 1.85072 3,481 2,332 16,170,781 6,935 16,145,715 6,925 49.53 13 87 18.8 40.5 20.5 15.4 4.6 0.2 34 CAYUGA COUNTY COMMUNITY COLLEGE 189839 NY 1.86046 3,179 2,240 14,600,981 6,519 30,465,992 13,603 44.32 0.9 99.1 48.4 23.1 9.6 13.6 4.9 0.5 35 CLINTON COMMUNITY COLLEGE 190053 NY 1.87601 2,192 1,570 9,321,556 5,937 10,156,773 6,469 42.56 2.9 97.1 49.6 24 12.9 10.9 2.6 0 Average Distance to Seed (Top 25) 1.4834888 Total FTE, Revenues and Expenditures (Top 25) 51,230 332,561,960 387,583,855 Revenues and Expenditures Per FTE (Top 25) 6,492 7,566 242 Existing Peers for Independent 2-Year Institutions "Closeness of Fit" Score Determined by Academic Year 2002-2003 IPEDS Data

Institution Unit ID SOUTHERN WEST VIRGINIA COMMUNITY AND TECHN COLLEGE 237817 CLARK STATE COMMUNITY COLLEGE 201973 SANDHILLS COMMUNITY COLLEGE 199634 HUTCHINSON COMMUNITY COLLEGE 155195 READING AREA COMMUNITY COLLEGE 215585 DYERSBURG STATE COMMUNITY COLLEGE 220057 BAY DE NOC COMMUNITY COLLEGE 168883 WAYNE COMMUNITY COLLEGE 199892 ST CLAIR COUNTY COMMUNITY COLLEGE 172291 FLORENCE DARLINGTON TECHNICAL COLLEGE 218025 SOUTHEASTERN COMMUNITY COLLEGE 154378 Average "Closeness of Fit" Score 1.76

Institution Unit ID WEST VIRGINIA NORTHERN COMMUNITY COLLEGE 238014 READING AREA COMMUNITY COLLEGE 215585 CLARK STATE COMMUNITY COLLEGE 201973 COLBY COMMUNITY COLLEGE 154934 STATE FAIR COMMUNITY COLLEGE 179539 KANKAKEE COMMUNITY COLLEGE 146348 FLOYD COLLEGE 139700 NEW MEXICO JUNIOR COLLEGE 187903 ST CLAIR COUNTY COMMUNITY COLLEGE 172291 CENTRAL WYOMING COLLEGE 240514 SAUK VALLEY COMMUNITY COLLEGE 148672 Average "Closeness of Fit" Score 2.51

Institution Unit ID WEST VIRGINIA UNIVERSITY AT PARKERSBURG 237686 CLAYTON COLLEGE AND STATE UNIVERSITY 139311 PURDUE UNIVERSITY-NORTH CENTRAL CAMPUS 152266 UNIVERSITY OF MAINE AT AUGUSTA 161217 JEFFERSON COLLEGE 177676 COLLEGE OF SOUTHERN IDAHO 142559 ARKANSAS STATE UNIVERSITY-BEEBE BRANCH 106449 CENTRAL OREGON COMMUNITY COLLEGE 208318 KELLOGG COMMUNITY COLLEGE 170550 SAN JUAN COLLEGE 188100 NORTH IOWA AREA COMMUNITY COLLEGE 154059 Average "Closeness of Fit" Score 2.39

243 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Financial Chargeback System for Administratively Linked Community and Technical Colleges

INSTITUTIONS: Institutions with Administratively Linked Community and Technical Colleges

COMMITTEE: Commission/Council Items

RECOMMENDED RESOLUTION: Information Item

STAFF MEMBER: Patricia Hunt

BACKGROUND:

The purpose of this information item is to keep the West Virginia Higher Education Policy Commission apprised of efforts to address a financial chargeback system for administratively linked community and technical colleges.

Senate Bill 448 requires the West Virginia Council for Community and Technical College Education “to develop a new model, or select an existing model, for services to be provided by sponsoring institutions and the fees to be charged administratively linked community and technical colleges for their services.” As a transitional step, at the June 17, 2004 meeting, the Council requested Fiscal Year 2005 budget data from all administratively linked community and technical colleges to include planned service charge allocations for services rendered.

In reviewing the initial chargeback agreements from each institution, Commission and Council staff found a wide variety of agreements with inconsistent treatment and presentation. To ensure that chargebacks are clearly understood and all budgeted expenditures are reported accurately (and are auditable), a standardized reporting format must be in place to identify and account for each revenue and expenditure. The attached draft worksheet is a proposed format that each administratively linked college would use to report how their revenue and expenditures are allocated (including all indirect, chargeback allocations). Some colleges may prefer to use a more elaborate model than this proposed one. This model will serve as a baseline for the minimum information that must be submitted in chargeback agreements.

The staff is in the process of seeking feedback from all Chief Financial Officers and Presidents before bringing a final budget worksheet to the Council in February for approval. Once the Council approves the final budget worksheet, it will be reported to the West Virginia Higher Education Policy Commission.

244 D R A F T

General Assumptions

Classifications of CTC Student: All students who: - Are enrolled in certificate and degree programs; - Fail to meet college admission requirements for baccalaureate programs; - Do not have a declared major and are enrolled in developmental courses; - Have an undeclared two-year major or special non-degree

Note:

The FTE generated by students enrolled in degree or certificate programs through contractual agreements between the Council and an Institutional Board of Governors will be credited to the appropriate institution.

Classification of Revenue: All student associated revenue (tuition and fees, etc.) will be directly credited to the component institution based upon the above classification (or contract exception).

All other revenue is directly credited to the component institution responsible.

Classification of Expenses: Indirect Instruction - in some (many) instances instructors may teach both CTC and four-year students in the same class. These classes are referred to as "cross over" classes. The instructor will be employed by the component institution where he/she teaches most of his/her classes. A chargeback allocation for these "cross over" classes will be calculated by taking the percentage of CTC students as a % to all students in these classes.

All Other Indirect Expenses: Most indirect expenses will be considered a part of the four-year component institutions. Any allocations (chargebacks) from the four-year component to the CTC will be done using a rolling two-year annualized full time equivalents students (AFTE) whenever possible. For FY05 an average of the FY03 and FY04 AFTEs should be used. An alternative method would be to use the prior year's annualized FTEs in lieu of the rolling two-year average.

Budget Detail: Budgets must be detailed (down to the specific account code). Any labor charge must be supported with a listing of all personnel charged (directly or indirectly). While chargeback allocations can be done by allocating a percentage amount of the organizational unit, there must be supporting backup down to account code detail showing what makes up the organization unit.

While chargeback allocations can be made monthly using budgeted amounts, an adjustment should be made at the end of each fiscal year quarter to adjust allocations to the actual quarter expenditures with a final adjustment at the end of the fiscal year.

245 Institutional Summary Budgets

for: ______

Chargeback Indirect / Chargeback Direct Allocation Total Direct (Shared) Sub-Total Allocation Total

FY 2005 ($000) CTC To / (From) CTC 4 Yr. & Other 4 Yr. & Other 4 Yr. & Other To / (From) 4 Yr. & Other Revenue: Student Tuition and Fees 0 0 0 Federal Grants & Contracts 0 0 0 State Grants & Contracts 0 0 0 Other Grants & Contracts 0 0 0 Sales & Services 0 0 0 Auxiliary Enterprises 0 0 0 Other 000 Total Operating Revenues 0 000 0000

Functional Operating Expenses: Instruction 000 Research 000 Public Service 0 0 0 Academic Support 0 0 0 Student Services 0 0 0 Operations & Maintenance of Plant 0 0 0 General Institutional Support 0 0 0 Sub-total E&G Expenses 0 0 0 0 0 0 0 0

Student Financial Aid 0 0 0 Auxiliary Enterprises 0 0 0 Depreciation 000 Other 000 Total Expenses 0 000 0000

Operating Income / (Loss) 0 000 0000

Non-Operating Revenues (Expenses) State Appropriations 0 0 0 Investment Income 0 0 0 Other 000 Total Non-0perating 0 000 0000

Capital Grants & Gifts 000

Net Change in Assets 0 000 0000 246 Institutional Chargeback Allocation Detail

for: ______

4 year & FY 2005 ($000) CTC Other Describe Basis Comments Chargeback Allocation (From) / to: Revenue: Capital Fees (100%) 100% All CTC Revenue Used to pay debt service & depreciation Auxiliary Fees (100%) 100% All CTC Revenue Charged to auxiliary fund Student Services Fees (100%) 100% All CTC Revenue Offsets part of student services fees Other (list):

Expenditures: Instruction: Cross-over classes (list all classes):

Indirect Expenses: (All charged indirect expenses must be used by other components). Please classify in the following categories and provide backup detail using the following tabs.

Academic Support 176,400 (176,400)

Student Services 312,000 (312,000)

Operations and Maintenance of Plant 612,000 (612,000)

General Institutional Support 228,000 (228,000)

Other 247 Example of Budgeted Indirect Costs (Using Part of the Marshall University Format and fictitious amounts) Academic Support *

Estimated Quarterly FY04 FY05 % Allocated FY 05 CTC Qtr. To Date Qtr. To Date Chargeback Orgn * Orgn Description Actual Budgeted to CTC Chargeback Budgeted Actual Adjustment 2006 Multimedia Committee 10,000 10,000 12% 1,200 300 350 50 2060 Library 500,000 500,000 12% 60,000 15,000 14,000 (1,000) 2062 Library Books 100,000 100,000 12% 12,000 3,000 4,000 1,000 2063 Kiosk Program 10,000 10,000 12% 1,200 300 400 100 2075 Academic Support Ctr. 50,000 50,000 12% 6,000 1,500 2,000 500 2090 Library Collection Dev. 200,000 200,000 12% 24,000 6,000 6,200 200 2140 Instructional TV 200,000 200,000 12% 24,000 6,000 5,800 (200) 5320 Computer Center 400,000 400,000 12% 48,000 12,000 13,000 1,000

Totals 1,470,000 1,470,000 176,400 44,100 45,750 1,650

* List every organization that makes up the academic support chargeback allocation.

Services Provided: Information Technology Administration and Infrastructure Infrastructure management for voice data and video Annual CTC IT surveys CTC national reports for computing access, library collections, distributed education

Computing Purchasing and Contract negotiations - software, CTC specialized products Enterprise Banner applications Web & Voice Registration, Online Library Catalog, email portal labs, web pages (List all other services provided) 248 Example of Budgeted Indirect Costs (Using Part of the Marshall University Format and fictitious amounts)

Student Services *

Estimated Quarterly FY04 FY05 % Allocated FY 05 CTC Qtr. To Date Qtr. To Date Chargeback Orgn * Orgn Description Actual Budgeted to CTC Chargeback Budgeted Actual Adjustment 2020 Office of Admission 400,000 400,000 12% 48,000 12,000 12,500 500 2026 Adm. Recruiting & Mktg. 300,000 300,000 12% 36,000 9,000 10,000 1,000 2030 Registrar 500,000 500,000 12% 60,000 15,000 16,000 1,000 2070 Enrollment Management 200,000 200,000 12% 24,000 6,000 5,500 (500) 3300 Financial Aid 600,000 600,000 12% 72,000 18,000 20,000 2,000 5320 Computer Center 600,000 600,000 12% 72,000 18,000 18,000 0

Totals 2,600,000 2,600,000 312,000 78,000 82,000 4,000

* List every organization that makes up the student services chargeback allocation.

Services Provided: Admission Services Processing applications Communication with applicants Recruiting and Marketing Registration Services Student Affair Services Career Planning and Placement Processing Financial Aid applications List all other services provided 249 Example of Budgeted Indirect Costs (Using Part of the Marshall University Format and fictitious amounts)

Operations and Maintenance of Plant *

Estimated Quarterly FY04 FY05 % Allocated FY 05 CTC Qtr. To Date Qtr. To Date Chargeback Orgn * Orgn Description Actual Budgeted to CTC Chargeback Budgeted Actual Adjustment 5200 Plant Operations 3,000,000 3,000,000 12% 360,000 90,000 95,000 5,000 5206 Utilities 2,000,000 2,000,000 12% 240,000 60,000 63,000 3,000 5265 Administrative Support 100,000 100,000 12% 12,000 3,000 2,900 (100)

Totals 5,100,000 5,100,000 612,000 153,000 160,900 7,900

* List every organization that makes up the operations and maintenance of plant chargeback allocation.

Services Provided: Plant Operations: Maintenance of Buildings Maintenance of Grounds Housekeeping Provide basic operational supplies Utilities Provide Administrative support for capital activities 250 Example of Budgeted Indirect Costs (Using Part of the Marshall University Format and fictitious amounts)

General Institutional Support *

Estimated Quarterly FY04 FY05 % Allocated FY 05 CTC Qtr. To Date Qtr. To Date Chargeback Orgn * Orgn Description Actual Budgeted to CTC Chargeback Budgeted Actual Adjustment 1065 Human Resources 300,000 300,000 12% 36,000 9,000 10,000 1,000 300 Business Affairs 200,000 200,000 12% 24,000 6,000 6,500 500 4100 Purchasing & Matl. Mgmt. 500,000 500,000 12% 60,000 15,000 14,000 (1,000) 4200 Bursar's Office 700,000 700,000 12% 84,000 21,000 20,000 (1,000) 4215 Credit Card Costs 100,000 100,000 12% 12,000 3,000 5,000 2,000 5330 Mailroom 100,000 100,000 12% 12,000 3,000 3,000 0

Totals 1,900,000 1,900,000 228,000 57,000 58,500 1,500

* List every organization that makes up the general institutional support chargeback allocation.

Services Provided: Human Resources (Classifications, Grievances, Faculty / Staff Advertisements, Benefits Processing) Communications / Public Relations Commencement Course Evaluation Budgeting Services Preparation of Expenditure Schedules Financial Aid distribution List all other services provided 251 Example of Budgeted Indirect Costs (Using Part of the Marshall University Format and fictitious amounts)

Other *

Estimated Quarterly FY04 FY05 % Allocated FY 05 CTC Qtr. To Date Qtr. To Date Chargeback Orgn * Orgn Description Actual Budgeted to CTC Chargeback Budgeted Actual Adjustment

*Use this tab for expenditures not reflected in other classifications. Please list all organizations. 252 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Approval of Joint Rule on Purchasing

INSTITUTIONS: All

COMMITTEE: Commission/Council Items

RECOMMENDED RESOLUTION: Resolved, That the West Virginia Higher Education Policy Commission approves the final proposed procedural rule Series 30, Purchasing.

STAFF MEMBER: Richard Donovan

BACKGROUND:

In accordance with the provisions of House Bill No. 101 passed during the 2004 legislative session, the West Virginia Higher Education Policy Commission, at its meeting on October 15, 2004, authorized Commission staff to file a procedural rule related to purchasing for public comment. This draft procedural rule was distributed to the Presidents, the chairs of the statutory advisory councils, and other interested parties for comment simultaneously with the 30-day formal comment period of the Secretary of State’s Office. The public comment period ended on November 15, 2004.

There was one formal comment during the comment period and no changes were made to the rule as the result of this comment. The rule now needs to be filed with LOCEA.

Comment to the West Virginia Council for Community and Technical College Education During the Public Comment Period:

Comment: The Director of the West Virginia Small Business Development Center, WV Development Office sent the following comment:

Number of Small Businesses Affected: This proposed rule affects the entire small business community in West Virginia as it sets forth the purchasing guidelines to be followed by all state colleges, universities and community & technical colleges.

Significant adverse impact: 1. Each institution of higher education may establish guidelines for purchases under $25,000 (7.3.2). Such non-uniform procedures potentially require vendors to familiarize themselves with multiple purchasing processes. This may result in higher personnel costs for the vendor.

2. Each institution of higher education may make purchases under $25,000

253 without public advertising (7.3.2, 7.3.5). The cost to vendors to monitor multiple non-public selection processes is unduly expensive.

Other Negative Small Business Impacts:

1. The State Purchasing Division tracks vendor registrants by certain categories in order to determine if members of those categories are participating in the State’s Purchasing Processes: disabled small business ownership, minority small business ownership, small business ownership, veteran small business ownership, and woman small business ownership. The proposed rule does not contain similar tracking measures without which the small business community has no means to determine whether it is adequately participating to higher education’s purchases. These same measures should be added to the proposed rule. Each institution of higher education should be required to improve its database management capabilities to include these measures and to generate the contracts, by commodity group, captured by each such group as part of the annual report required at section 8.2.1.

Response:

No change was made in the rule.

Changes in section 7.3 simply reflect the changes contained in House Bill No. 101, which sought to strike a balance between institutional efficiency and consistency at the $25,000 level. Council and Commission staff will review the level of variability among institutional purchasing policies and procedures as institutions implement House Bill No. 101’s expanded flexibility.

The small business community can track various groups’ participation in higher education purchases. West Virginia’s public higher education institutions utilize the same vendor list as state agencies, and higher education institutions’ expenditures are recorded in the same system (WVFIMS) as other state agencies. Therefore, state higher education expenditures can be readily tracked by any vendor category that the West Virginia Division of Purchasing identifies.

254 TITLE 133 PROCEDURAL RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 30 PURCHASING

§133-30-1. GENERAL

1.1 Scope: - This joint rule establishes rules and policies governing and controlling purchase, acquisition and inventory management of materials, supplies, equipment, services, construction, and printing, and disposal of obsolete and surplus materials, supplies, and equipment by the West Virginia Higher Education Policy Commission, created pursuant to W. Va.West Virginia Code §18B-1B-1 and hereinafter referred to as the ”Commission", the West Virginia Council for Community and Technical College Education, created pursuant to W. Va.West Virginia Code §18B- 2B-3 and hereinafter referred to as the “Council” and the institutional boards of governors, created pursuant to W. Va.West Virginia Code §18B-.2A-1 and hereinafter referred to as the “Governing Boards.”

1.2 Authority: - West Virginia Code §18B-5-4 through §18B-5-89.

1.3 Filing Date:

1.4 Effective Date:

1.5 Repeal Modification of Former Existing Rules: Title 128133, Series 2130, Procedural Rule of the University System of West Virginia Board Higher Education Policy Commissionof Trustees and Title 131, Series 21, Procedural Rule of the State College System of West Virginia Board of Directors dated August 1, 2002..

§133-30-2. DEFINITIONS

2.1 As used in this rule, all terms have the same meaning as provided in West Virginia Code §18B-1-2, and as follows:

2.1.1 "Buyer" means an individual designated by a chief procurement officer to perform designated purchasing and acquisition functions as authorized by the chief procurement officer.

2.1.2 “Chancellor for higher education” means the chief executive officer of the Commission employed pursuant to W. Va.West Virginia Code §18B-1B-5.

1 255 2.1.3 “Chancellor for community and technical college education” means the chief executive officer of the Council employed pursuant to W. Va.West Virginia Code §18B-2B-3.

2.1.34 "Commission Office" means the office that houses the Vice Chancellor for Administration and such professional, administrative, clerical and other employees as may be necessary to assist the Vice Chancellor for Administration perform his or her functions, tasks and duties..

2.1.45 "Chief procurement officer" means the individual designated by a president of a state institution of higher education to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for that institution. For the Commission’s Office and West Virginia Network for Educational Telecomputing, the chief procurement officer is the person designated by the Vice Chancellor for Administration.

2.1.56 "Commodity" means an article which is useful or serviceable, particularly an article of merchandise movable in trade; a good, or service of any kind, including construction; an article of trade or commerce; things that are bought and sold.

2.1.67 "Essential service" means something basic; a commodity that is necessary, indispensable, or unavoidable and is purchased in a routine, repetitive, and noncompetitive manner.

2.1.78 "Institution(s)" means any public West Virginia university, college, and community and technical college, individually or collectively, created pursuant to West Virginia Code §18B-1-2. For the purposes of this rule, the Commission’s Office and West Virginia Network for Educational Telecomputing shall also be considered institutions.

2.1.89 "F.O.B. destination" and "free on board destination" mean the seller or vendor must transport or pay for the transportation of the materials, supplies, equipment, services and printing, to the point of destination specified in the contract.

2.1.910 “Governing Boards” or “Boards” means the institutional boards of governors created pursuant to West Virginia Code §18B-2A-1(b).

2 256 2.1.11 “Higher education institution” means an institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended.

2.1.1012 “President” means the chief executive officer of an higher education institution.

2.1.1113 "Sole source" means only one vendor can supply the desired product or service.

2.1.1214 "Single source" means that the desired product or service is available from only one supplier because of the uniqueness and characteristics of the product or service offered.

2.1.1315 "Responsible bidder" and "responsible vendor" mean a person and/or vendor who have the capability in all respects to perform contract requirements, and the integrity and reliability which will assure good faith performance.

2.1.1416 "Responsive bidder" and "responsive vendor" mean a person and/or vendor who has submitted a bid which conforms in all material respects to the invitation to bid.

2.1.1517 “Vendor” means a seller of goods and services.

2.1.18 “West Virginia Council for Community and Technical College Education” or “Council” means the council created pursuant to W. Va.West Virginia Code §18B-2B-1.

2.1.162.1.19 “West Virginia Higher Education Policy Commission” or “Commission” means the commission created pursuant to West Virginia Code §18B-1B-1.

2.1.172.1.20 “Vice Chancellor for Administration” means that person employed by the Chancellor Commission with the advice and consent of the Council in accordance with West Virginia Code §18B-4-2. The Vice Chancellor for Administration shall assume all powers and duties that were assigned to the Senior Administrator.

§133-30-3. APPLICABILITY

3.1 This procedural rule applies to all institutions as defined in Section 2 of this rule.

§133-30-4. AUTHORITY OF THE COMMISSION AND COUNCIL

3 257 4.1 Pursuant to West Virginia Code §18B-5-4, the Commission and Council shall jointly adopt rules governing and controlling acquisitions, purchases and inventory management of materials, supplies, equipment, services, construction, and printing, and the disposal of obsolete and surplus materials, supplies, and equipment.

§133-30-5. AUTHORITY AND DUTIES OF THE VICE CHANCELLOR FOR ADMINISTRATION

5.1 The Vice Chancellor for Administration shall, in the name of the Commission and Council, have the authority and duty to:

5.1.1 Administer and oversee the purchasing system of the Commission, Council and Governing Boards;

5.1.2 Recommend to the Commission and Council additional rules or modifications to this rule as may be required for efficient and cost effective management of purchases, inventorying of materials, supplies, and equipment and disposal of obsolete and surplus materials, supplies, and equipment;

5.1.3 Develop administrative manuals, guidelines, procedures, and forms which shall be followed by the institutions for purchase, acquisition and inventory management, and disposal of obsolete and surplus materials, supplies, and equipment.

5.1.4 Provide for a periodic audit of the institutions for compliance with the rules and policies that have been adopted by the Commission and Council and the administrative manuals, guidelines, procedures and forms developed by the Vice Chancellor for Administration, as may be requested by the Commission or the Chancellor;

5.1.5 If requested, provide assistance to one or more institutions in the purchase, acquisition and inventory management of materials, supplies, equipment, services, construction, and printing, and in disposal of obsolete or surplus materials, supplies and equipment; and

5.1.6 Compile the Commission’s and Council’s annual Report Card on West Virginia businesses from reports provided by the institutions for submission to the finance committees of the House of Delegates and the Senate by the fifteenth day of January of each year.

§133-30-6. DELEGATION OF PURCHASING AUTHORITY AND RESPONSIBILITIES

4 258 6.1 The Commission, Council and Each each Governing Board, through the Vice Chancellor of Administration, or as may be delegated by him or her, shall purchase or acquire materials, supplies, equipment, services, construction, and printing as required by that Governing Board or the Commission and Council, as appropriate, and the institution(s) under its their jurisdiction. Each Governing Board shall also have fiduciary responsibility to ensure that purchases and acquisitions are made within the limits of available appropriations and funds in accordance with applicable provisions of W. Va.West Virginia Code §5A-2-1 et seq., and for the inventory of materials, supplies and equipment and for disposal of obsolete or surplus materials, supplies and equipment as required by the institution(s) under its their jurisdiction.

6.2 In order to assist the Governing Board in carrying out its duties, obligations and responsibilities under this rule, the Board may, by resolution of the Board, delegate authority to the institution’s president who shall have overall control and management of the institution’s purchases, inventory, and disposal of obsolete or surplus materials, supplies and equipment as required by that institution. The president shall appoint a chief procurement officer to assist the president in carrying out the duties, obligations and remedies imposed by the Governing Board and this rule. This appointment shall be made in writing and filed with the Vice Chancellor for Administration, the State Auditor and the Attorney General.

6.3 Unless otherwise stated in writing by the president, the chief procurement officer shall have full authority to act as the designee of the president for purchase, acquisition, receipt of and inventory management of all materials, supplies, equipment, services, construction, and printing, and for disposal of obsolete or surplus materials, supplies, and equipment as may be required by the institution.

§133-30-7. AUTHORITY, DUTIES AND REMEDIES OF THE CHIEF PROCUREMENT OFFICER

7.1 The chief procurement officer shall, unless otherwise stated in writing, have full authority to act in matters of institutional purchasing, inventory management and disposal of surplus and obsolete property as the designee of the president, or of the Vice Chancellor for Administration in the case of the Commission and Council Offices and West Virginia Network for Educational Telecomputing, and shall serve as the central procurement officer for the institution. This individual may also fulfill other institutional functions.

7.2 The chief procurement officer may appoint buyers and delegate authority to them as designees, or to any department within the institution. Delegation

5 259 of authority by the chief procurement officer, and any limits thereupon, shall be in writing and filed with the Vice Chancellor for Administration, the State Auditor and the Attorney General. Notwithstanding any provision to the contrary, rResponsibility for ensuring institutional compliance with the West Virginia Code and this rule shall rest with and be the responsibility of the chief procurement officer.

7.3 As required by law and this rule, and consistent with administrative manuals, guidelines and procedures developed by the Vice Chancellor for Administration, the chief procurement officer shall have the duty and/or authority to:

7.3.1 Purchase and contract for the materials, supplies, equipment, services, construction and printing required by the institution;

7.3.2 Establish institutional guidelines and procedures for purchases not exceeding $25,000;

7.3.3 Establish institutional guidelines and procedures for receiving, inventorying and distributing materials, supplies, equipment, services and printing;

7.3.4 Review specifications and descriptions before soliciting bids or proposals to ensure that they are competitive and fair and do not unfairly favor or discriminate against a particular brand or vendor;

7.3.5 Advertise for bids on all purchases exceeding $25,000, and post or otherwise make available notices of all purchases for which competitive bids or proposals are being solicited in by the institution's purchasing office;

7.3.6 Maintain the institution's purchasing files;

7.3.7 Accept or reject any and all bids in whole or in part;

7.3.8 Waive minor irregularities in bids, bidding documents and/or specifications;

7.3.9 Apply and enforce standard specifications; 7.3.10 Manage the institution's inventory of materials, supplies and equipment, authorize transfers to or between institutions, and sell surplus, obsolete or unused materials, supplies, and equipment;

7.3.11 Prescribe the amount of deposit or bond to be submitted with any bid or contract;

6 260 7.3.12 Prescribe contract provisions for liquidated damages, remedies and/or other damages provisions in the event of vendor default;

7.3.13 Exempt from competitive bidding purchases of materials, supplies, equipment, services and printing purchased from within state government, from West Virginia sheltered workshops, from cooperative buying groups and consortia, and from the federal government or federal government contracts when price, availability and quality are comparable to those on the open market;

7.3.14 Perform chemical and physical tests on samples submitted with bids and samples of deliveries to determine compliance with specifications, if deemed necessary and prudent;

7.3.15 Hear and render opinions on vendor complaints and protests;

7.3.16 Register vendors with the Purchasing Division of the Department of Administration in accordance with the West Virginia Code;

7.3.17 Apply the preference for resident vendors required by the West Virginia Code;

7.3.18 File contracts and purchase orders that exceed $15,000the dollar limit required for competitive sealed bidding with the State Auditor;

7.3.19 Submit contracts and purchase orders exceeding $50,000 to the Attorney General for approval or as may be required by law, administrative procedures and guidelines ; and

7.3.20 Ensure that purchases exceeding the dollar amount for competitive sealed bidding are encumbered and entered into the State’s accounting system as required by W. Va.West Virginia Code §18B- 5-4(g) and §5A-2-1 et. seq.

7.3.2021 Apply and enforce other applicable provisions of state and federal laws pertaining to purchases, inventory management and disposal of surplus and obsolete materials, supplies, and equipment.

7.4 Remedies that are available to the chief procurement officer when appropriate circumstances arise include:

7.4.1 In the event that a vendor fails to honor any contractual term or condition, the chief procurement officer may cancel the contract

7 261 and re-award the contract to the next lowest responsible and responsive bidder;

7.4.2 Vendors failing to honor contractual obligations may be held responsible for all differences in cost;

7.4.3 Declare a vendor or bid nonresponsible or nonresponsive and refuse to award a purchase order. All such instances shall be substantiated in writing giving the reason(s) thereof, and such documentation shall be considered a public document available for inspection at all reasonable times; and

7.4.4 Suspend, for a period not to exceed one (1) year, the right of a vendor to bid on purchases when there is reason to believe that such vendor has violated any of the provisions of the terms and conditions of a contract, this rule and/or state law.

§133-30-8. PURCHASE OR ACQUISITION OF MATERIALS, SUPPLIES, EQUIPMENT, SERVICES, CONSTRUCTION AND PRINTING

8.1 Unless otherwise authorized by law, all purchases or acquisitions of materials, supplies, equipment, services, construction and printing shall be awarded by competitive bidding, except as provided in the following paragraphs of this rule: (a) Purchases not exceeding $25,000; (b) Competitive sealed proposals; (c) Competitive selection procedures for professional services; (d) Sole source and single source procurement; (e) Emergency procurement; (f) Open end and federal contracts; and (g) Essential services.

8.2 Specifications shall be written to maximize and encourage competition. In certain cases, a "brand name or equal" may be used as a specification.

8.3 All purchases and acquisitions shall be made in consideration of and within limits of available appropriations and funds and in accordance with applicable provisions of West Virginia Code §5A-2, relating to expenditure schedules and quarterly allotments of funds.

8.4 Award shall be made to the lowest responsible and responsive vendor. In determining the lowest responsible and responsive vendor, consideration will be given to such factors as quality (meeting specifications), price, time of delivery, cost of delivery, and other terms and conditions considered prudent. Unit prices shall prevail in all cases when there is a conflict between the unit price and extended price. In some cases multiple and/or

8 262 split awards may be made when determined to be in the best interest of the institution. Occasionally, purchase orders may be issued which impose no obligation to take delivery of a product and/or service and as such, these purchase orders shall be issued as blanket purchase orders or price agreements. In situations where vendors are competing to provide a service that will generate income for an institution, the award shall be made to the highest responsible and responsive bidder, taking into consideration the above factors.

8.5 The chief procurement officer may accept or reject, in whole or in part, any bid or proposal when the chief procurement officer believes it to be in the best interest of the institution. If any bid or proposal is rejected, a written explanation shall be placed in the purchasing file.

8.6 When tie bids or proposals are received, the tie shall be broken and an award made by allowing the tied vendors to make a "last and final offer." If a tie bid is not broken by a “last and final offer,” then the tie may be broken by a flip of a coin, draw of the cards or any other impartial method deemed prudent by the chief procurement officer.

8.7 Except for exemptions granted in the West Virginia Code, all material, supplies, equipment, services and printing made upon competitive bids or proposals shall be subject to any resident vendor preference set forth in the West Virginia Code.

8.8 The chief procurement officer shall determine the applicability and amounts of bonds and/or deposits required of a vendor at any time, if, in his or her judgment, such security is necessary to safeguard the institution from undue risk. The chief procurement officer may require the vendor to submit a certified check, certificate of deposit, performance bond, or any other security acceptable to the chief procurement officer, payable to the institution. Personal checks and/or company checks are not acceptable. When a contract has been satisfactorily completed on which a surety bond or other deposit has been previously submitted, the spending unit shall certify the completion in writing to the chief procurement officer. The chief procurement officer, upon receipt of the notification, shall return the check or deposit to the vendor. 8.9 Purchases not exceeding $25,000

8.9.1 The chief procurement officer shall establish institutional guidelines and procedures for purchases not exceeding $25,000. These guidelines and procedures shall provide for obtaining adequate and reasonable records to properly account for funds and to facilitate auditing. They shall be approved by the president, filed with the Vice Chancellor for Administration and shall be on file in the

9 263 institution’s purchasing office and made available to the public upon request.

8.9.2 Purchases in this category do not require competitive bids or quotations.

8.10 Purchases greater than $5,000 but not exceeding $25,000

8.10.1 Insofar as practical for purchases in this category, no less than three qualified vendors shall be solicited to submit written quotations or oral quotations that are recorded by the chief procurement officer or buyer and placed in the procurement file. At the discretion of the chief procurement officer, facsimile and electronically transmitted quotations may be accepted from vendors. Award shall be made to the responsible and responsive vendor meeting the requirements of the specifications and offering the lowest acceptable quotation, taking into consideration the factors set forth in paragraph 8.4 of this rule.

8.10.2 The procurement file shall, at a minimum, contain the following: (a) The vendor's name and address; (b) The name and title of the individual quoting the price; (c) The manufacturer and model number or description of the item(s) offered; (d) The unit price and extended price for each item; (e) The payment terms, FOB point, and other applicable conditions; (f) The quoted delivery date; and (g) The signature of the individual quoting the price if the quotation is written by the vendor, or the signature of the person receiving and recording the quotation.

8.10.3 For printing services exceeding $5,000, written notification shall be given to any print shop affiliated with an institution of higher education and operated by classified employees so that these print shops may also submit a quotation.

8.10 Purchasing Card 8.10.1 The state purchasing card may be used as a purchasing and payment method as provided in applicable provisions of W. Va.West Virginia Code §12-3-1 et. sSeq., and as follows:

(a) Employee travel expenses when the travel is required by the employee’s job and is for official business of the institution. Expenses that may be paid using the purchasing card are as

10 264 follows and are limited to $5,000 per transaction or the card limit whichever is less:

1. Transportation: Commercial air fare, chartered aircraft service, rail service, commercial rental vehicles, and miscellaneous ground transportation and fees such as shuttle service, taxi service and parking. 2. Lodging: Room accommodations only. Any extra charges will be the employee’s responsibility to pay. 3 Fuel: Fuel for commercial rental or fleet vehicles only. 4. Meals: Meals for employee travel may not be paid using the purchasing card. 5. Reconciliation and settlement of employee travel expenses paid by the purchasing card shall be made according to the State Auditor’s procedures, provided the procedures are consistent with the intent of applicable provisions of W. Va.West Virginia Code §18B-5-4.

(b) Routine and regularly scheduled payments may be made using the purchasing card and are limited to the transaction limit of the card. Routine and regularly scheduled payments mean all payments whichthat have either received Attorney General approval in accordance with statute or do not require such approval, and are made on a regular, predictable and routine basis whether weekly, monthly, annually, or on any other regular schedule.

1. Routine, regularly scheduled payments are limited to the following: association dues; accreditation fees; software licenses and maintenance fees; resale merchandise; maintenance contracts; temporary space rentals; inter- library loan charges; inter/intra-institutional charges; contracts for artists, entertainers, and speakers; open end contracts; license fees of all types; utilities of all types; federal, state and municipal fees and assessments; real property rental fees; postage; books and related items, including those for libraries and bookstores; hospitality expenses; travel expenses; shipping, handling, and freight charges; advertising; subscriptions; periodicals, and publications; athletic and academic team related expenses; and necessary job related medical or drug testing and treatment.

2. The Council, Commission and each institution annually by June 30 shall provide a list of goods and services for which payment was made pursuant to this provision to the State

11 265 Purchasing Division.

(c) In order to provide sufficient accounting and auditing procedures for all purchasing card transactions, each institution shall adopt and effectively use the reconciliation, reporting and payment software for the purchasing card program approved by the State Auditor and the Vice Chancellor for Administration.

(d) The Commission and Council may expand the use of the purchasing card for travel and routine and regularly scheduled payments for any institution it determines has the capacity, internal controls and record of effective management to handle the expanded responsibilities.

8.10.2 The Commission and each institution shall maintain a purchasing card thatwhich may be used for emergencies declared by the President of an institution and approved by the Chancellor up the transaction limit of the card as provided in subparagraph 8.16.2.

8.11 Purchases Greater than $25,000

8.11.1 Competitive sealed bidding is the preferred method for purchase and acquisition of materials, supplies, equipment, services, construction and printing greater than $25,000.

8.11.2 The chief procurement officer shall advertise for bids on all purchases exceeding $25,000. The advertisement shall appear no less than 14 calendar days prior to the date bids are due.

8.11.3 In addition to the advertising requirement set forth in subparagraph 8.11.2, for printing services exceeding $25,000, bids shall also be advertised by written notification of such bids to any print shop affiliated with an institution of higher education and operated by classified employees no less than 14 calendar days prior to the date bids are due.

8.11.43 The chief procurement officer shall, in addition to advertising, post or otherwise make available notice of all acquisitions and purchases for which competitive bids are being solicited in the purchasing office of the institution involved in the purchase no less than 14 calendar days prior to making such purchase and shall ensure that the notice is available to the public during business hours.

12 266 8.11.54 Bids shall be delivered to the specified location for receipt of bids by the bidder prior to the date and time of the bid opening according to the instruction contained in the request for bids and any addenda or modifications officially issued.

8.11.65 Bids not properly delivered or received after the required time and date shall not be opened and shall be returned to the bidder.

8.11.76 The bid shall be signed by an authorized agent of the bidder. A corporate signature without an individual’s name and signature shall not be construed as an acceptable signature.

8.11.87 Facsimile and electronically transmitted bids are not acceptable for bids over $25,000.

8.11.98 A bidder may make a written modification to a sealed bid prior to the bid opening, provided modifications are made by the bidder in such a manner that the bid price is not revealed or known until the bid is opened. Written modifications must be received by the chief procurement officer prior to the date and time of the bid opening. Facsimile and electronically transmitted modifications are not acceptable if the bid price is not revealed.

8.11.1011 Originals or copies of bids shall be available for public inspection after the bid opening. Vendors may designate in writing with the bid submission information contained within the bid constituting trade secrets, pursuant to West Virginia Code §29B-1- 4(1), which shall be exempt from disclosure. The purchasing files shall be open for public inspection after the award has been made, except for information qualifying for the exemption set out above.

8.11.1112 The chief procurement officer may reject an erroneous bid after the bid opening, upon request of the bidder, if all of the following conditions exist: (a) an error was made; (b) the error materially affected the bid or proposal; (c) rejection of the bid or proposal would not cause a hardship on the institution other than losing an opportunity to receive materials, supplies, equipment, services, construction and/or printing at a reduced cost; and (d) enforcement of the part of the bid or proposal in error would be unconscionable. In order to reject a bid or proposal, the purchasing file must contain documented evidence that all of the above conditions exist.

8.11.1213 Price and other adjustments shall be allowed on any purchase order if specific provisions for adjustments have been incorporated in the prescribed forms and the purchase order. All such requests

13 267 for adjustments shall be made in accordance with the specific terms and conditions of the individual purchase order. In the event no provision for adjustments has been made, discretion to grant adjustments shall rest with the chief procurement officer.

8.11.1314 Every person, firm or corporation selling or offering to sell to the Commission, Council, a Governing Board and its institutions, materials, supplies, equipment, services, construction and printing, upon competitive bid or otherwise, in excess of $1525,000 per order, shall be registered with the West Virginia Department of Administration, Purchasing Division, pursuant to West Virginia Code §18B-5-5 and §5A-3-12. Purchase orders in excess of $1525,000 may not be issued to any vendor not properly registered with the West Virginia Department of Administration, Purchasing Division.

8.11.1415 Contracts, and purchase orders and associated documents such as performance and labor/material payment bonds and certificates of insurance are not required to that are competitively bid and exceed $50,000 shall be approved by the Attorney General provided standard terms and conditions or standardized forms previously approved by the Attorney General are usedor as may be required by law.

8.11.16 Contracts and purchase orders that exceed $15,000the amount set forth in W. Va.West Virginia Code §18B-5-4 for sealed competitive bidding shall be filed with the State Auditor.

8.12 Vendor's Rights and Duties

8.12.1 Each vendor is solely responsible for delivery of its bid or proposal to the designated location for receipt of bids or proposals prior to the specified date and time of the bid or proposal opening.

8.12.2 If there is a conflict between the extension price and the unit price, the unit price shall prevail.

8.12.3 Any changes made by the vendor in the specifications listed in the bid request must be clearly stated. If changes are not stated, it will be assumed that items offered meet the specifications in all respects.

8.12.4 Vendors are responsible for the accuracy of the information in their bid or proposal and on the bid or proposal envelope.

14 268 8.12.5 All sales to the Commission, Council and the Governing Boards are exempt from West Virginia consumer sales tax or excise tax by blanket state exemption and blanket federal exemption.

8.12.6 It is the vendor's exclusive duty and obligation to file protests and requests for reconsideration according to the requirements of Section 9, and for reconsideration of suspension, in accordance with the requirements of Section 10 of this rule; otherwise, they shall be waived.

8.13 Competitive Sealed Proposals

8.13.1 For purchases above $25,000, competitive sealed bids are the preferred method of procurement; however, if it is either not practicable or advantageous, a contract may be entered into by a request for proposals. The words "practicable" and "advantageous" are to be given ordinary dictionary meanings. The term "practicable" denotes what may be accomplished or put into practical application. "Advantageous" connotes a judgmental assessment of what is in the institution's best interest. The key element in determining advantageousness will be the need for flexibility.

8.13.2 The request for proposal method of purchasing is used to obtain goods and services when sufficient knowledge or expertise does not exist to adequately specify the details of the desired result. The desired result is written into the request for proposals. The vendor responds to the request for proposals with a proposal identifying its intended approach to meet the desired result along with a proposed price or fee. Terms and conditions of the contract shall be included in a request for proposals, along with a pre- established award criteria based on value or points. Whenever desirable, interviews may be conducted with interested parties for clarification and/or determination of qualifications and experience prior to award. Requests for proposals go beyond price alone. They also look at the vendor's ability and resources to furnish the desired service to get the desired result. Quality of service and performance are important considerations. Requests for proposals are primarily used for large dollar projects requiring a high level of expertise on the part of the vendor.

8.14 Competitive Selection Procedures for Professional Services

8.14.1 The competitive selection procedure for professional services is similar to the process used for competitive sealed proposals; however, greater weight is given to the ability to perform the

15 269 service as reflected by technical training, education and experience, and in some cases, artistic and aesthetic values and capabilities. In these cases, price may be a secondary consideration.

18.14.2 The competitive selection process for hiring architects and engineers is set forth in Chapter 5G of the West Virginia Code.

8.15 Sole Source and Single Source Procurement

8.15.1 The chief procurement officer may approve the purchase of materials, supplies, equipment, services, construction and/or printing directly from a vendor without competitive bid or proposals, if any of the following conditions exist: (a) the item cannot be obtained through ordinary purchasing procedures; (b) the item is of unique nature and not available from any other source; or (c) the item is available from a state spending unit or other institution with preference under the West Virginia Code, provided the price, availability and quality are comparable to those in the open market.

8.16 Emergency Procurement

8.16.1 Emergency purchases exceeding $25,000 must receive the prior written approval of the chief procurement officer unless made according to subparagraph 8.16.2. An emergency situation requiring purchase of materials, supplies, equipment, services, construction or printing must be the result of unforeseen events or circumstances, including delays by contractors, delays in transportation, or an unanticipated volume of work. Emergency purchases shall not be used for hardship resulting from neglect, poor planning or lack of organization by the spending unit. Competitive bids must be obtained if possible.

8.16.2 The Commission and each institution shall maintain a purchasing card for use in and for situations declared an emergency by the president of an institution and approved by the Chancellor. Such emergencies may include but are not limited to partial or total destruction of a campus facility; loss of a critical component of utility infrastructure; heating ventilating, or air conditioning failure in an essential academic building; loss of campus road, parking lot or campus entrance; or a local, regional, or national emergency situation that has a direct impact on the campus.

8.16.3 In the event of an emergency declared by the president of the institution and approved by the Chancellor, the president or his or her designee may authorize the use of an emergency purchasing

16 270 card by a designated representative in accordance with the procedures set forth in the State Auditor’s Legislative Rule for the purchasing card program.

8.17 Open End Contracts and Federal Contracts

8.17.1 The Commission, Council or a Governing Board and its institution(s) may enter into open end contracts for materials, supplies, equipment, services, construction and/or printing to supply their respective needs in the form of statewide contracts, blanket orders or price agreements. Once issued, purchases and acquisitions may be made from these contracts without securing any other bids or quotations. These contracts may be made available to other institutions, the Commission and Council for their use.

8.17.2 The Commission, Council, or a Governing Board and its institution(s) may, without securing any other bids or quotations, make purchases from cooperative buying groups, consortia, the federal government and from federal government contracts if the materials, supplies, equipment, services, and printing to be purchased are available from these groups, consortia, or the federal government and from federal government its contracts, and if this is the most financially advantageous manner of making the purchase.

8.18 Essential Services

8.18.1 Essential services may be purchased and paid for by the Commission, Council, or a Governing Board and its institution(s) without securing competitive bids or proposals or issuing purchase orders. Commodities in this category may include but are not limited to utilities of all kinds; postage; items for resale; municipal, county, state, and federal fees; student awards, stipends, loans and grants; shipping and freight charges; tuition and registration fees and refunds thereof; professional dues; etc. The Vice Chancellor for aAdministration shall issue guidelines for the purchase of and payment for essential services.

8.19 Motor Vehicle Purchase

8.19.1 The purchase and leasing of motor vehicles shall be consistent with this rule, and guidelines and procedures adopted by the Commission, Council, the a Governing Board and the Vice Chancellor for Administration.

17 271 8.20 Procurement File

8.20.1 The chief procurement officer shall maintain a purchasing file for each procurement or acquisition. This file shall contain all relevant information pertaining to such purchase or acquisition, including but not limited to: (a) bids, proposals or quotations received in response to a request for sealed bids or proposals; however, an unopened bid or proposal shall not be considered a public document or record; (b) identification and certification of the successful bid; (c) why any bid or proposal is rejected in whole or in part; (d) justification for award to other than the lowest vendor; and (e) vendor protests or complaints. The purchasing file shall be a public record open to inspection during normal business hours. No records in the purchasing file shall be destroyed without the written consent of the Legislative Auditor, except as set forth in subparagraph 8.20.2.

8.20.2 Those files in which the original documentation has been held for at least one year and in which the original documents have been reproduced and archived on microfilm or other equivalent method of duplication may be destroyed without written consent of the Legislative Auditor. All files, no matter the storage method, shall be open for inspection by the Legislative Auditor upon request.

8.21 Report Card on West Virginia Businesses

8.21.1 Each institution shall prepare an annual report, in the format prescribed by the Vice Chancellor for Administration, which shall include, but not be limited to, information regarding the number of out-of-state entities with which the institution contracted, the number of in-state firms with which the institution contracted, the dollar amount of each contract, the equipment, commodity or service for which the contract was let, and the institution's recommendations, if any, on the manner in which purchasing procedures can be improved. This report shall be submitted to the Vice Chancellor for Administration by the first day of October for the preceding fiscal year.

8.21.2 The Vice Chancellor for Administration shall compile the reports submitted by each institution and consolidate the data into the Commission’s and Council’s annual Report Card, which is to be submitted to the finance committees of the House of Delegates and the Senate annually by the fifteenth day of January of each year.

8.22 Approval of Lease-Purchase Arrangements for the Governing Boards

18 272 8.22.1 After the Commission or Council has granted approval for lease- purchase arrangements by a Governing Board, the Governing Board may enter into lease-purchase arrangements for capital improvements, including equipment. Any lease-purchase agreement exceeding one million dollars in total must have prior approval of the Commission or Council.

8.22.2 Proposals for any lease-purchase arrangements shall be made in accordance with West Virginia Code §18B-5-4(q). The Vice Chancellor for Administration shall may establish guidelines and a format for receiving, considering and approving such proposals.

8.22.3 Lease-purchase agreements exceeding one hundred thousand dollars must be approved as to form by the Attorney General.

8.23 Lease Agreements for Grounds, Buildings, Office Space or Other Space

8.23.1 The Commission, Council and Governing Boards have the authority to enter into lease agreements for grounds, buildings, office space or other space in the name of the State for more than one fiscal year but not exceeding forty years under the following conditions:

(a) The Commission, Council and institutions shall be responsible for all rent and other necessary payments in connection with the contract of lease; and

(b) Satisfactory grounds, buildings, office or other space is not available on grounds and in buildings currently owned or leased.

8.23.2 Before executing any rental contract or lease, the Commission, Council or a Governing Board, as appropriate, shall do the following: (a) Determine the fair rental value of the grounds, building, office space or other space to be leased 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;

(b) The Commission or Council shall present to the Joint Committee on Government and Finance for prior review any purchase of real estate, any lease-purchase agreement and any construction of new buildings or other acquisitions of buildings, office space, grounds resulting therefrom, pursuant to the provisions of W. Va.West Virginia Code §18B-4-5; and

19 273 (bc) The lLeases shall contain, in substance, all of the following provisions:

1. That the Commission, Council or Governing Board, as lessee, hasve 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;

2. That the lease shall be 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 causes it to be canceled; and

3. That the lease shall be considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the Commission, Council or the Governing Board before the end of the then-current fiscal year.

8.23.3 The Commission, Council or an institution which is granted any grounds, buildings, office space or other space leased in accordance with W. Va.West Virginia Code §18B-5-4 may not order or make permanent changes of any type unless the Commission, Council or the Governing Board, as appropriate, has first determined that the change is necessary for the proper, efficient and economically sound operation of the institution. For purposes of this section, a "permanent change" means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible thing which cannot be economically removed from the grounds, buildings, office space or other space when vacated by the institution. 8.23.4 Leases and other instruments for grounds, buildings, office or other space, once approved by the Commission, Council or Governing Board, may be signed by the chief executive officer of the Commission, Council or the institution. A lLeases and other instruments entered into by athe Governing Boards that exceedsing one million dollars in total must receive prior approval of the Commission or Council, as appropriate, before being executed by the Governing Board or institution.

8.23.5 The Commission or Council shall present to the Joint Committee on Government and Finance for prior review any purchase of real estate, any lease-purchase agreement and any construction of new buildings or other acquisitions of buildings, office space, grounds

20 274 resulting from a lease entered into pursuant to the provisions of West Virginia Code §18B-5-4(r)(2).

8.23.65 Any lease or instrument exceeding one hundred thousand dollars annually shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the State Auditor.

8.23.76 The Commission and Council may promulgate additional rules deemed necessary to carry out the provisions of this section, and the Vice Chancellor for Administration may issue procedures for complying with this section

§133-30-9. PROTESTS AND RECONSIDERATION

9.1 Protests and requests for reconsideration of a decision made by a chief procurement officer may only be made by a person and/or vendor who is a potential or actual bidder on that particular contract and/or purchase.

9.2 Protests

9.2.1 Protests based on specifications or improprieties in any type of solicitation which are apparent or should have been apparent prior to the bid or proposal opening or closing date must be filed not later than five calendar days prior to the bid or proposal opening or closing date. A protest of the award must be filed no later than five calendar days following the notice of the institution’s intent to award the contract as posted or otherwise made available in the institution's purchasing office for competitive transactions greater than $25,000. Protests filed prior to five calendar days following the notice of intent to award shall be resolved in accordance with this rule before an award is made. Information regarding awards may be obtained from the institution's purchasing office, and a vendor contemplating a protest has a duty to obtain this information in a timely manner.

9.2.2 The protest must be filed in writing with the chief procurement officer and contain the name and address of the protestor, the requisition number of the bid or the purchase order number, a statement of the grounds for protest and supporting documentation, the relief sought, and if a hearing on the merits of the protest is requested.

9.2.3 The chief procurement officer shall review the protest and issue a decision in writing. In the event a hearing on the merits of the

21 275 protest is requested by the protestor, the chief procurement officer shall set a time and place for the hearing. The hearing shall be recorded and an official record shall be prepared. Following the hearing, the chief procurement officer shall issue a written decision.

9.3 Reconsideration

9.3.1 Reconsideration of a decision on a protest by the chief procurement officer may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer's written decision, and it shall contain the name and address of the aggrieved party, the requisition or purchase order number, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

9.3.2 The chief financial officer shall review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record shall be prepared. Following the hearing, the chief financial officer shall issue a decision in writing to the aggrieved party and his or her decision shall be final.

9.3.3 The chief procurement officer and chief financial officer may refuse to decide any protest or reconsideration where the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply where the court requests, expects or otherwise expresses interest in the decision of the chief procurement officer and chief financial officer.

§133-30-10. SUSPENSION AND RECONSIDERATION

10.1 Suspension

10.1.1 The chief procurement officer shall have authority to suspend, for a period not exceeding one year, the right and privilege of a person to bid on purchases of the institution.

10.1.2 The following shall be considered adequate grounds for suspension of a vendor: (a) a vendor has exhibited a pattern of poor performance in fulfilling its contractual obligation(s) including, but not limited to, providing or furnishing commodities, materials, or

22 276 services or construction late, or at a quantity or quality level below that which is specified in the contract, or repeated instances of poor performance; or (b) the vendor has breached any contract entered into pursuant to the provisions of West Virginia Code §18B-5-4 through §18B-5-79 or this rule, or the vendor has been convicted of any federal or state law punishable as a felony if such conviction is directly related to the performance of a contract entered into pursuant to West Virginia Code §18B-5-4 through §18B-5-7 9 or this rule. Any such suspension must be imposed within one year of the date of the act, omission, or conviction the suspension is based upon, or within one year of the chief procurement officer's discovery of such act, omission, or conviction.

10.2 Reconsideration

10.2.1 Reconsideration of a decision on suspension by the chief procurement officer may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer's decision and it shall contain the name and address of the aggrieved party, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

10.2.2 The chief financial officer will review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record prepared. Following the hearing, the chief financial officer will issue a decision in writing to the aggrieved party and his or her decision shall be final.

10.2.3 The chief financial officer may refuse to decide any reconsideration when the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply when the court requests, expects or otherwise expresses interest in the decision of the institution.

10.3 Vice Chancellor for Administration

10.3.1 An institution which that suspends the right and privilege of a vendor to bid on purchases of the institution shall forward a copy of the suspension notice to the chief procurement officer of the Commission Office, who shall maintain a record of such

23 277 suspension and shall notify all institutions as well as the Director of the State Division of Purchasing of such suspension.

10.3.2 If the chief procurement officer of the Commission Office determines that the actions of the vendor leading to the suspension by an institution are of a serious enough nature to justify imposition of a system-wide suspension, he or she shall forward the suspension and his or her recommendation to the Vice Chancellor for Administration for review. If the Vice Chancellor for Administration determines that the actions of the suspended vendor justifyies a system-wide suspension, he or she shall notify the vendor and the all institutions that suspended the vendor that the vendor's suspension shall apply to all institutions for the period of the original suspensionof the system-wide suspension.

§133-30-11. QUALIFICATIONS OF A BUYER AND A CHIEF PROCUREMENT OFFICER

11.1 Buyer

11.1.1 No person shall be employed as a buyer unless that person, at the time of employment, is either: (a) a graduate of an accredited college or university; or (b) has at least four year's experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

11.1.2 Any person making purchases and acquisitions pursuant to this section shall execute a bond in the penalty of fifty thousand dollars, payable to the state of West Virginia, with a corporate bonding or surety company authorized to do business in this state as surety thereon, in a form prescribed by the Attorney General and conditioned upon the faithful performance of all duties in accordance with West Virginia Code §18B-5-4 through §18B-5-7 9 and this rule. In lieu of separate bonds for such buyers, a blanket surety may be obtained. Any such bond shall be filed with the Secretary of State. The cost of any such bond or bonds shall be paid from funds appropriated to the Commission, Council orand Governing Board.

11.2 Chief Procurement Officer

11.2.1 From the date of adoption of this rule by the Commission and henceforth, no new person shall be employed as a chief procurement officer unless that person, at the time of employment, is: (a) a graduate of and has received a baccalaureate degree from an accredited college or university; and (b) has at least four

24 278 year's experience in purchasing for any unit of government or for any business, commercial or industrial enterprise.

11.2.2 The bonding provisions set forth in subparagraph 11.1.2 shall also apply to any person employed as a chief procurement officer.

§133-30-12. PROMPT PAYMENT

12.1 Each institution purchasing or acquiring materials, supplies, equipment, services and printing in accordance with West Virginia Code §18B-5-4 through §18B-5-7 9 and this rule, shall notify and inform every vendor doing business with that institution of the provisions of West Virginia Code §5A-3-54, also known as the "Prompt Pay Act of 1990."

§133-30-13. RECEIVING AND INVENTORY MANAGEMENT

13.1 Receiving

13.1.1 The chief procurement officer shall establish institutional guidelines and procedures for receiving and distributing materials, supplies, equipment, services and printing to departments and offices within the institution. These guidelines and procedures shall be consistent with this rule, and they shall be approved by the president, filed with the Vice Chancellor for Administration and shall be shall be on file in the institution’s purchasing office and made available to the public upon request.

13.2 Inventory Management 13.2.1 The chief procurement officer shall inventory all equipment and furnishings that have a value at the time of purchase or acquisition of $5,000 or more per unit. Such inventory shall be kept current at all times. An institution may elect to inventory equipment and furnishings with a value less than $5,000 per unit.

13.2.2 The chief procurement officer shall set up and maintain the institution's inventory management system on the basis of generally accepted accounting standards. This system shall also conform to the requirements of the Commission, Council, the Governing Board, the state and the federal government as applicable.

13.2.3 The chief procurement officer shall conduct an annual audit of the institution's inventory. On the fifteenth day of July of each year, the president shall submit the institution's inventory report to the Vice Chancellor for Administration for the preceding fiscal year.

25 279 §133-30-14. DISPOSAL OF SURPLUS OR OBSOLETE MATERIALS, SUPPLIES AND EQUIPMENT

14.1 The chief procurement officer shall identify and inventory the institution's surplus or obsolete materials, supplies and equipment and shall store such materials, supplies and equipment until such time as they may be disposed of in a manner consistent with this rule and state law.

14.2 An institution may dispose of surplus or obsolete materials, supplies and equipment by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise.

14.3 If the method of disposition is other than by transfer to, or exchange or trade with other governmental agencies or institutions, the chief procurement officer shall, at least ten days prior to the disposition, advertise once a week for two consecutive weeks by newspaper publication as a Class II legal advertisement in compliance with the provisions of West Virginia Code §59-3-1 et. seq., in the county where the surplus or obsolete materials, supplies and equipment are located, their availability or sale, in whole or part, at public auction or by sealed bid, as sound business practices may warrant under existing circumstances and conditions.

14.4 An institution may also dispose of surplus or obsolete materials, supplies and equipment through the surplus property unit of the Purchasing Division of the West Virginia Department of Administration; in which case, all of the rules and regulations of the Department of Administration shall be followed.

14.5 Under no circumstances shall any of the property described in this section be sold, transferred or conveyed to any private person, firm or corporation other than at public auction or by sealed bid or as otherwise provided in West Virginia Code §18B-5-7.

14.6 The funds an institution receives from the sale of surplus materials, supplies, and equipment shall be deposited in the institutional account originally used to purchase said materials, supplies, and equipment, if such account is readily ascertainable, minus any administrative costs associated with the disposal.

§133-30-15. VIOLATIONS

15.1 Any person who authorizes or approves a purchase contract in a manner in violation of the West Virginia Code, this rule, or any policy or procedure adopted by the Commission, Council and the Governing Board, shall be personally liable for the cost of such purchase or contract. Purchases or contracts violating the West Virginia Code and/or this rule shall be void and of no effect.

26 280 15.2 Any person receiving anything of value from a known interested party in the awarding of a purchase order shall be subject to the provisions of West Virginia Virginia Code §5A-3-28, -29, -30, -31.

15.3 Except as may be authorized by the provisions of Chapter 6B of the West Virginia Code, Neither neither the Commission, Council or a Governing Board, nor any employee of the Commission, Council or a Governing Board, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any equipment, materials, supplies, services, or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the Commission, Council or a Governing Board nor any employee of the Commission, Council or a Governingthe Board shall accept or receive directly or indirectly, from any person, firm or corporation, known by the Commission, Council, Governing Board or such employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever or any promise, obligation or contract for future reward or compensation.

15.5 Any vendor violating the West Virginia Code or this rule may be suspended from the right to bid on or submit a proposal for institutional purchases for a period of up to one year.

§133-30-16. PERFORMANCE AUDITS

16.1 The Joint Committee on Government and Finance is required by West Virginia Code to conduct performance audits and the Commission or Governing Board shall be responsible for paying the cost of the audit from funds appropriated to the Commission or Governing Board. The Commission and Governing Board may also conduct independent performance audits deemed necessary and prudent.

16.2 Also under West Virginia Code, Tthe Commission also has an obligation under West Virginia Code to conduct performance audits of the policies, procedures and results of the procurement of goods and services by the state institutions of higher education and report to the Legislative Oversight Committee on Educational Accountability (LOCEA) on the results of the performance audits, together with any recommendations for additional actions that might be taken to improve the efficiency, effectiveness and economy of the administrative operations of the institutions and the Commission.

§133-30-17. PERMITTING PRIVATE INSTITUTIONS OF HIGHER EDUCATION TO JOIN AS PURCHASERS

27 281 17.1 The Commission and Governing Boards shall permit private institutions of higher education to join as purchasers on purchase contracts for materials, supplies, equipment, services and printing entered into by the Commission and Governing Board or the institutions under its the Board’s control. Any private school desiring to join as a purchaser on such purchase contracts shall file with the senior administrator an affidavit signed by the president of the institution of higher education or a designee, requesting that it be authorized to join as a purchaser on such contracts, and agreeing that it will be bound by such terms and conditions as the Commission or Governing Board may prescribe, and that it will be responsible for payment directly to the vendor under each purchase contract.

28 282 West Virginia Higher Education Policy Commission Meeting of December 15, 2004

ITEM: Joint Legislative Rule for Higher Education Finance

INSTITUTIONS: All

COMMITTEE: Commission/Council Items

RECOMMENDED RESOLUTION: Information Item

STAFF MEMBER: Dennis Taylor

BACKGROUND:

Senate Bill No. 448 directed the West Virginia Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education to adopt a joint policy on higher education finance. The Commission approved the draft legislative rule at its October 15, 2004 meeting and authorized the Commission staff to file the rule with the Secretary of State’s Office for a 30-day public comment period that expired November 15, 2004.

Three extensive comments were received from institutions during the comment period. Although Commission staff does not propose that the Commission approve a final joint legislative rule on higher education finance policy at this time, Commission staff has addressed some of the issues raised in comments. The comments appear in italics below, while staff responses appear in regular font.

First Comment to the West Virginia Higher Education Policy Commission During the Public Comment Period:

The proposed rule does not appear to be consonant with the intent of Senate Bill No. 653 that shifts the responsibility of financial oversight of public institutions from centralized state authority to institutional boards of governors. The Concord University Board of Governors has encouraged development of financing strategies that are appropriate for the institution, its mission and the constituencies it serves. Moreover, unqualified and timely independent financial audits have demonstrated that the Board has exercised its fiduciary responsibilities in an acceptable if not exemplary manner. Further standardization would jeopardize the creativity and initiative that allow institutions to be responsive to the special and sometimes unique needs of the particular communities they serve. We believe that the boards of governors should exercise the duties typical of such boards across the country. In addition, continuous tinkering with the internal finances of institutions can become a distraction that efficient institutions can ill afford and an addition of costs to budgets that are straining with the burdens imposed by shrinking state appropriations. Finally, the language of the proposed rule suggests that the Commission would actually be empowered to

283 expropriate non-state funds from institutions, an unacceptable past practice whose consequences have been dire for Concord.

Response No. 1: The major issue raised by this comment concerns the proper role of the Council and Commission compared with institutional governing boards. Neither Senate Bill No. 653 nor any of its successor legislation delegates complete authority over finances to institutional governing boards. W. Va. Code §§ 18B-1B-4(a)(2) and 18B-2B-6(b)(2), for instance, provide that the Commission and Council jointly shall “develop, oversee and advance the implementation of a finance policy.” Among other things, this policy must provide an adequate level of education and general funding for institutions and invest and provide incentives for achieving the priority goals in the public policy agenda. In addition, W. Va. Code § 18B-1B- 4(b)(5) provides that the Commission is responsible for “[d]evelopment of a budget and allocation of resources, including reviewing and approving institutional operating and capital budgets and distributing incentive and performance-based funding.” (W. Va. Code § 18B-2B-6(c)(5) gives similar powers to the Council.) Furthermore, W. Va. Code § 18B-10-1(l) provides: “Tuition and fee increases of the governing boards are subject to rules adopted by the commission and council jointly….”

Commission staff has no intention of usurping the power of institutional governing boards or micromanaging institutional finances. Indeed, this draft rule is intended to expand the authority of institutional governing boards over institution financial decisions, while, at the same, ensuring that institutions are not rewarded for making financial decisions that are contrary to or inconsistent with state policy. Commission staff intends to move toward an even greater auditing role and less of management role in institutional finances.

Consistent with the preceding discussion, the draft finance rule is intended to make it clear that institutions have more, not less, flexibility in the area of financial management. An institution’s financial decisions, however, potentially can affect state interests and priorities, and the role of Commission is to ensure that state interests and priorities are protected. Two examples of potential conflicts: (1) Institutions may use state appropriations to subsidize out-of-state students and raise tuition for in-state students to compensate for the shortfall. (2) Institutions may use state appropriations to fund auxiliary enterprises instead of educational and general (e.g., instructional) costs. While institutions’ governing boards certainly are free to make such decisions under the draft finance rule, they should not be rewarded for them.

Commission staff does not understand the comment concerning expropriating non-state funds from institutions and will seek clarification from the commenter before presenting a final rule for the Commission’s approval. Technically, all institutional funds (including educational and general fees, education and general capital fees, and auxiliary fees) are state funds under state law.

284 We also ask that you consider the following suggestions concerning specifics of the proposed rule.

1. The definition of "auxiliary enterprise" should be consistent with the practice of peer institutions.

Response No. 2: The draft rule does not define “auxiliary enterprise” because Commission staff views this phrase as a well-established meaning in the field of higher education finance. Commission staff will consider defining this and other terms.

2. Boards of governors should retain the responsibility for determining financial aid and scholarship policies that are funded by the institution. Delete 4.4.2.

Response No. 3: Commission staff intends to clarify the language in the proposed rule concerning tuition waivers. State law contains two separate provisions governing tuition waivers. This section of the draft finance rule will receive further study.

3. [Sections] 4.1.1 and 4.1.2 appear to conflict with 4.3.2 and 4.1.10, and should be deleted.

Response No. 4: Commission staff does not understand the comment concerning this conflict nor sees where a conflict exists. Commission staff proposes to consult with the commenter about the conflict and to clarify any potential confusion among these provisions.

4. Funds should not be withheld from institutions that are required to meet unrealistic Compact objectives (4.1.3).

Response No. 5: W. Va. Code § 18B-1A-5(d)(1) provides: “Each fiscal year appropriations … shall be allocated only to institutions which have … [a]pproved compacts ... and [a]chieved their annual benchmarks for accomplishing the goals of their compacts, as approved by the commission or council.” The rule assumes that Compact objectives are reasonable.

5. The Commission should also assure equity in capital funding among institutions under its aegis. Because Senate Bill No. 653 focuses on student needs rather than institutions, capital funding should more closely reflect enrollment (4.2.4).

Response No. 6: Commission staff concur that capital funding should be allocated based on need. This, however, does not mean that an institution will always receive an amount equal to its proportion of FTEs as a percentage of the overall capital funding. The capital funding issue will be addressed in greater detail in a capital project management rule.

285 Second Comment to the West Virginia Higher Education Policy Commission During the Public Comment Period:

We believe several of the additions to this rule are not in the best interests of Marshall University and are contrary to the legislative intent that clearly vested governance responsibility with the individual Boards of Governors. This rule attempts to "standardize" too many of the financing decisions which should be made at the local level. Each institution is different and each Board needs the financial flexibility to properly control its operations.

Response No. 7: See Response No. 1.

Specific sections of the proposal are presented below, with comments following. Underlined sections represent proposed additions.

Section 4.1.5 Sustained Quality Support

4.1.5.1 "Funds designated for sustained quality support will be allocated to all institutions in proportion to institutions' base budgets in accordance with West Virginia Code § 18B-IA-5(b)(6)(E). Funds that ensure sustained quality but that are designated for a specific purpose (e.g., funds for salary or fringe benefit adjustments), will be allocated equitably consistent with the purpose for which the funds are being provided.”

COMMENTS: The additional statement in this "Sustained Quality Support" section is not needed. The legislative intent was for all institutions to receive these funds on a proportionate basis. Sustained Quality funds should be distributed to all eligible institutions, in a proportionate manner, based on current budgets, not for specific purposes.

Response No. 8: This section is intended to clarify that funds received for a specific purpose will be allocated consistent with the purpose of the appropriation. If higher education receives funds to offset PEIA costs, for instance, those funds will be allocated in direct proportion to an institution’s PEIA costs. Commission staff proposes to make this point in another section and eliminate the language from this section of the rule.

Section 4.2 The Capital Budget

4.2.4 "The Commission shall assure a fair distribution of funds for capital projects between Commission and Council institutions.”

COMMENTS: This section should either be deleted or amended to read [The Commission shall work with the Legislature to assure a

286 fair distribution of new funds for capital projects between Commission and Council institutions.]

Response No. 9: This section paraphrases W.Va. Code § 18B-1B-4(a)(11): “It is the responsibility of the commission to assure a fair distribution of funds from capital projects between the commission and the council.”

4.2.5 "Deferred maintenance and minor repair projects generally will be excluded from bond issuances. The Commission and/or Council shall recommend an appropriate funding source and priority for such projects.”

COMMENTS: Deferred maintenance and minor repair projects should be controlled by the institutional Board of Governors. This section should be deleted.

Response No. 10: This section may be modified to say “system bond issuances,” but this policy reflects agreement among the Commission, Council and legislative leaders that it is inappropriate to issue thirty-year bonds to cover items with less than a thirty- year life expectancy. This issue will be addressed in greater depth in a draft capital project management rule.

Section 4.3 Tuition and Fees

4.3.3.5 "The Policy Commission and Council shall set guidelines for out-of- state tuition levels which take into account the cost of instruction and an appropriate relationship between in-state and out-of-state tuition levels, with out-of-state tuition and fees covering at least the full costs of instruction. The cost of instruction comparison shall not consider capital fees or non- educational and general required fees. It is the intention of the Commission and Council that there be no disincentives for the enrollment of non-resident students unless their admission results in a lack of opportunities for qualified West Virginia residents. "

COMMENTS: The addition of the line excluding "capital fees or non-education and general required fees" is a significant departure from past practice and will have serious impact on some institutions. It will take the ability to "price" student fees away from the Board of Governors and mandate a single pricing structure for all institutions even though each institution faces different challenges and opportunities. The past Board of Trustees Policy 34 allowed use of all required student fees, because it is not fair to penalize students and the institution for the state's decision regarding the system of funding capital projects and certain auxiliary activities. For instance, a Marshall University nonresident

287 student pays $1,938 annually in System Capital Fees and Auxiliary Fees. If the university has to price its fees to cover 100% of its instructional costs, plus another $2,000 of capital and auxiliary fees, the university will price itself out of the market. The additional sentence of "The cost-of-instruction comparison shall not consider capital fees or non-educational and general required fees" should be deleted.

Response No. 11: The issue of including capital fees in a comparison of tuition and fees with operating expenditures for instructional purposes has been discussed for several years. The Commission agreed to give institutions several years to adjust tuition rates to reflect this change in methodology. The comment seeks to reverse the previous decision. It is reasonable to expect institutions to be in compliance but it may be necessary to provide additional time for implementation.

4.3.3.6 "The Commission or Council may authorize institutions to utilize market-based pricing for out-of-state students with the understanding that no state funds will be provided to replace any foregone revenues. Institutions are encouraged to set market based tuition rates in excess of incremental cost, but each Board of Governors can determine the appropriate charges to meet institutional goals. ”

COMMENTS: This section should be deleted. Institutional boards of governors should be making pricing decisions for non-resident students with only minimal policy constraints, as contained in Section 4.3.3.5.

Response No. 12: The intention of this provision is not to preclude an institution’s governing board from subsidizing out-of-state students’ tuition, but to avoid rewarding institutions that subsidize out-of state students’ tuition with additional state appropriations or increased charges to in-state students.

Section 4.4 Student Financial Aid

4.4.2 "Institutions must obtain approval from the Commission or Council to use tuition and fee revenues to fund any scholarship or fellowship except as authorized in section 4.5.1 or state statute."

COMMENTS: This section should be deleted. To the extent possible, the Boards of Governors should determine how institutional scholarships are funded.

Response No. 13: See Response No. 3.

288 Section 5.0 Auxiliary Enterprise and Grants and Contracts Financing Policies.

5.0.1 "Each institution shall prepare separate budgets for auxiliary enterprises and grants and contracts based on estimated current revenue and expenditures. "

5.0.2 "Direct charges for services and required auxiliary fees should be sufficient to enable the auxiliary enterprises to operate on a self- supporting basis for both direct and indirect costs. "

COMMENTS: This entire section is new. Section 5.0, 5.0.1 and 5.0.2 should be deleted from the proposed rule. Budgets should be prepared, but this should be at the institutional level with governing board oversight and Auxiliary Fees should be controlled by the board of governors. Marshall University has to fiscally support its Intercollegiate Athletic program, or it cannot be competitive with its peers. Data from the Mid-American Conference and Conference USA demonstrate that no athletic program in these Conferences is self-sufficient. It is unrealistic to think Marshall University's athletic program can be totally self-sufficient. As stated previously, each institution is different and one policy should not be mandated for all institutions. The reality is that some necessary auxiliary enterprises cannot be self-supporting.

Response No. 14: W. Va. Code § 18B-1A-5 provides: “The commission and council each has the responsibility to develop a budget for the state system of higher education under its respective jurisdiction.” Each institution currently must submit separate budgets for auxiliary enterprises and grants and contracts to the Commission or Council, the Budget Office, and the Legislative Auditor as part of the expenditure schedule process. The expenditure schedule submission for auxiliary enterprises, however, will not reflect the full cost of auxiliary enterprises if a portion of auxiliary enterprise costs is being paid from other funds. The second issue will receive further study.

In summary, centralized rules and policies should be kept to a minimum so that the local board of governors can do their job. Most of the changes in this proposed rule reduce the authority of the board of governors and its ability to make decisions for its particular institution which is best for the institutions, the students, the community and the state. We believe the legislative intent was to delegate more authority to the boards of governors.

Response No. 15: See Response No. 1.

289 Third Comment to the West Virginia Higher Education Policy Commission During the Public Comment Period (from West Virginia Northern Community College):

133-2-2. Purpose

2.1.6. As I understand your summation as to the addition of this section to the rule there would be no additional reporting requirements of this paragraph since the information is already detailed in our expenditure schedules. If that is the case then why is it necessary to add this section? My concern is that we do not need to place any more reporting requirements on higher education institutions.

Response No. 16: See Response No. 14. This issue will receive further study.

133-2-4. Principles

4.1.1.1. The addition of this section would lead the community and technical colleges to believe that they would be given the ability to participate in determining base budgets with the Council. While I applaud and support this addition I hope that the spirit is truly to have discussion and work towards an equitable approach to determining base budgets.

Response No. 17: The development of an appropriation request ideally will be a collaborative process between the Commission and/or Council and institutions. Unfortunately, time constraints limit the ability of all parties to collaborate in the one-month period between the issuance of appropriation request instructions and submission of appropriation requests.

4.1.5.1. The addition of the wording for sustained quality funds that are designated for a specific purpose causes concern for me. With the use of wording such as “equitable” being attached to such purposes as salary adjustments there is no real defined approach which leaves it totally subjective.

One of the key state priority focuses is to address salary liabilities that exist with the present Policy. The Salary Adjustments and Zero-step Policy and accompanying tables from the HEPC Fiscal Year 2006 budget presentation infer that a proportional adjustment would be made to address the salary schedules. This approach would be inequitable to institutions such as Northern who have made difficult personnel decisions in order to accomplish the original intent of implementing the salary schedule.

The college did not fill key administrative positions that became vacant and consolidated other positions in an effort to devote funds necessary to implement the Mercer scale as required by legislation. As a result Northern now has all employees at zero step and has moved many employees toward the appropriate step on the Mercer scale. The staffing reductions have led to Northern having the highest student to staff ratio of all institutions in the state. With eight consecutive semesters of continued growth the un-staffed positions impact the sustained quality of services to our students.

290 The implied approach of funding salary adjustments based on the relative distance from the Mercer scale would unfairly reward those institutions that did not make their personnel adjustments. Another possible approach indicated would be based on a percentage of base salary & benefits. In this approach those institutions that have unfilled positions (lower overall salaried & fringe benefit costs) could potentially receive less funding which would perpetuate the existing inequity.

An equitable approach to sustained quality support would be to appropriate funding based both on relative staffing needs and attainment of salary goals.

Response No. 18: See Response No. 8. The commenter’s concern about rewarding institutions that have not moved to comply with statutory or regulatory requirements is well- taken.

4.3.3.2. Why would language be added “or other appropriate comparison standard” without defining what the other comparison will be? Would it not make sense in this section while making changes to clarify what “near” the medians means? Everyone I’m sure would define “near” by different measures.

Response No. 19: The additional language was added to the rule to give flexibility should the median for peers become less relevant a gauge for peer comparison. This issue will receive further study.

291 133CSR2

TITLE 133 LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION

SERIES 2 HIGHER EDUCATION FINANCE POLICY

§133-2-1. General.

1.1. Scope. -- This joint rule establishes the principles to guide the development of financing and resource allocation policies and procedures to be utilized by the Higher Education Policy Commission and the Council for Community and Technical College Education.

1.2. Authority -- W. Va.West Virginia Code §18B-1B-4(a)(8).

1.3. Filing Date. -- June 7, 2001.

1.4. Effective Date. -- July 1, 2001.

1.5. Modification of Existing Rule: Title133, Series 2, Legislative Rule of the West Virginia Higher Education Policy Commission dated July 1, 2001.

§133-2-2. Purpose.

2.1. The primary purpose of this rule is to establish guidelines to be used by the Higher Education Policy Commission and the Council for Community and Technical College Education in:

2.1.1. Allocating state-appropriated unrestricted resources to the institutions.

2.1.2. Setting targets for shares of institutional revenues to be contributed from education and general unrestricted revenues.

2.1.3. Reviewing tuition and fee schedules approved by the individual colleges and universities for consistency with Policy Commission, Council and West Virginia Code guidelines and parameters.

2.1.4. Establishing policies that address student financial aid decisions.

2.1.5. Establishing policies regarding the role of all educational and general unrestricted revenue in calculating institutional eligibility for equity funding.

2.1.6. Establishing procedures and schedules for institutions to identify budget plans for auxiliary enterprise, ancillary support, grants and contracts, and associated revenues, as well as establishing the guidelines for review of these requests by the Policy Commission and Council.

2.1.7. Establishing procedures for submitting appropriation requests.

§133-2-3. Guidelines.

3.1. The following will guide the further development of the policies and procedures to be utilized

292 133CSR2

in financing and resource allocation within the West Virginia system of public higher education:

3.1.1. All data reported will be based on national uniform and consistent definitions as adopted or established by the Higher Education Policy Commission and/or the Council for Community and Technical College Education. If no national standard exists, the Policy Commission and/or Council may adopt appropriate standards.

3.1.2. Institutional requirements for additional recordkeeping and reporting will be minimized.

3.1.3. A schedule for reporting of information and for decision making will be established by the Commission and/or Council.

3.1.4. Information from peer institutions as determined by the Commission and/or Council will be utilized in various ways. The most recently available IPEDS data will form the basis of any comparisons.

3.1.5. The president or administrative head of each public college, university, regional campus, or community and technical college shall be responsible for ensuring that all requested information is submitted in a timely fashion to the Policy Commission and/or Council and shall certify that the information submitted has been reviewed for accuracy.

§133-2-4. Principles.

4.1. Operating Budget.

4.1.1. Base Budget.

4.1.1.1. The base budget amount for each community and technical college will be determined by the Council in consultation with each institution.

4.1.1.12. The base budget amount for each institution not under the jurisdiction of the Council for each budget request year will be determined by the Commission in consultation with each institution.

4.1.1.23. Theis base budget includes unrestricted educational and general revenues from all sources. Unrestricted Eeducational and general revenues are defined as all audited unrestricted current fund revenues, expenditures, transfers, and other changes; minus auxiliary revenue, hospital revenue, and independent operations.

4.1.2. State resources and associated non-state fund sources will be allocated to institutions in the following categories:

4.1.2.1. Continuation—base amount from previous year.

4.1.2.2. Sustained quality support.

4.1.2.3. Peer equity.

4.1.2.4. Research challenge.

4.1.2.5. Independently accredited community and technical college development. 2 293 133CSR2

4.1.2.6. Incentives for contributions to state priorities.

4.1.3. Funds from all these categories will be released to institutions in whole or part when the Policy Commission and/or Council certifies that the institution is meeting the objectives established in its compact.

4.1.4. The Policy Commission and/or Council will establish the amount to be included in its budget request for each category annually with the conditions that:

4.1.4.1. Funds will be requested for each category.

4.1.5. Sustained Quality Support.

4.1.5.1. Funds designated for sustained quality support will be allocated to all institutions in proportion to institutions’ base budgets in accordance with W. Va.West Virginia Code §18B-1A-5(b)(6)(E). Funds that ensure sustained quality but that are designated for a specific purpose (e.g., funds for salary or fringe benefit adjustments), will be allocated equitably consistent with the purpose for which the funds are being provided.

4.1.5.2. Each year’s allocations will be added to the institutions’ base budgets for subsequent years unless the Policy Commission or Council determines that substantial change in institutional mission or structure has occurred requiring a change in the base budget.

4.1.6. Peer Equity.

4.1.6.1. The Policy Commission and Council shall establishes benchmark funding amounts for each institution each year.

4.1.6.2. Funds designated for peer equity support shall be aAllocated to institutions in accordance with W. Va.West Virginia Code §18B-1A-5(b)(6)(A).

4.1.6.3. Each year’s allocations will be aAdded to an institution’s base budget for subsequent years unless the Commission or Council determines that substantial change in institutional mission or structure has occurred requiring a change in the base budget.

4.1.6.4. Continued until It is the goal of the Commission and Council for all institutions to achieve at least ninety (90) 100 percent of benchmark amounts, as a measure of external equity. It is the goal of the Commission and Council to first attain internal equity among institutions by raising the minimum value until all institutions reach the same level. External equity goals will be addressed only after internal equity has been accomplished. Further, it is the intention of the Commission and Council that institutions should not lose ground relative to peer attainment. As used herein, “external equity” is the funding of the institution relative to its peers, and “internal equity” is leveling of differences in peer funding among the West Virginia institutions.

4.1.6.5. The Policy Commission and Council may adjust peer equity funds based upon imputation of assumed tuition funds consistent with peer averages.

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4.1.7. Independently Accredited Community and Technical College Development.

4.1.7.1. Funds designated to support independently accredited community and technical college development will be aAllocated in accordance with W. Va.West Virginia Code §18B-1A-5(b)(6) (B).

4.1.7.2. Funds allocated for this purpose must be separately controlled and accounted for either by the host institution, the community college component or as otherwise determined by the Commission.Community and technical college incentive funds will not be added to an institution’s base budget for subsequent years.

4.1.8. Research Challenge.

4.1.8.1. Funds designated for research challenge support will be aAllocated in accordance with W. Va.West Virginia Code §18B-1A-5(b)(6)(C).

4.1.8.2. Amounts awarded must be matched by the institution, on at least a one-for-one basis at the discretion of the Commission.

4.1.8.3. Research challenge funds will not be added to an institution’s base budget for subsequent years.

4.1.8.4. Research projects, centers and activities are expected to attain self-sufficiency within five (5) years of initial funding.

4.1.9. Incentives for Institutional Contributions to State Priorities.

4.1.9.1. The Commission and Council jointly will establish the method of allocation for these funds. The allocation mechanisms will be based on demonstrated contribution toward achievement of state priority goals in accordance with W. Va.West Virginia Code §18B-1A-5(b)(6)(D).

4.1.9.2. State priority funds will not be added to the an institution’s base allocationbudget for subsequent years.

4.1.9.3. Amounts awarded must be matched by the institution, on at least a one-for-one basis at the discretion of the Commission and Council.

4.1.10. Use of Funds Once Allocated.

4.1.10.1. These uses must be in accordance with a budget approved annually by the institution’s Governing Board.

4.2. The Capital Budget.

4.2.1. The Commission will utilize necessary funds from the state appropriation or tuition and fee revenueseducational and general fees, institutional educational and general capital fees, or auxiliary enterprise capital fees, or designated appropriations for capital purposes to cover annual repayment of bonded indebtedness incurred prior to July 1, 2001. The provisions of both system and institutional outstanding bond issues shall determine the limitations on such funds and fees, as well as the use of such funds. 4 295 133CSR2

4.2.2. The Council will develop procedures for creating an approved ranked list of capital projects for institutions under its jurisdiction to be submitted to the Commission. The list shall contain at least ten (10) projects.

4.2.23. The Commission will develop procedures for creating an approved list of capital projects to be submitted to the legislature with provisos that:

4.2.3.1. The Commission will select a minimum of three projects from the list submitted by the Council to be included on its ranked list of capital projects.

4.2.23.12. Only projects on the approved list will be eligible for state funding -- either through direct state appropriation for construction or for repayment of debt.

4.2.23.23. All capital projects, subject to dollar limits in Commission policy, will be brought to the Commission for approval regardless of source of funding or method of acquisition.

4.2.23.34. In the event of an emergency, an institution may make a special request for unanticipated capital funding needs.

4.2.4. The Commission shall assure a fair distribution of funds for capital projects between Commission and Council institutions.

4.2.5. Deferred maintenance and minor repair projects generally will be excluded from bond issuances. The Commission and/or Council shall recommend an appropriate funding source and priority for such projects.

4.3. Tuition and Fees.

4.3.1. The Board of Governors of each institution will establish tuition and fee schedules within guidelines promulgated by the Commission or in West Virginia Code.

4.3.2. All tuition and fee revenues will remain at the campuses except as may be provided for by Higher Education Policy Commission or Council for Community and Technical College Education action or statutory provisions.

4.3.3. Guidelines for Establishing Tuition Rates.

4.3.3.1. Differentiation by level (e.g., graduate vs. undergraduate) and by program (e.g., law and medicine vs. other fields) is permissible.

4.3.3.2. Tuition rates should be near the medians for peer institutions or other appropriate comparison standard. However, the intent is to relate tuition to “ability to pay” rather than to an absolute level.

4.3.3.3. Student tuition as a share of revenue (tuition and fees and state appropriation), should be graduated so that students pay the highest share of revenue at the research universities, a lower share at the four-year colleges, and the lowest share at community colleges, as defined by the Policy Commission. It is the intent of the Policy Commission and Council to define tuition ranges with the specific tuition to be set by the governing board of each institution.

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4.3.3.4. It is the goal of the Council for Community and Technical College Education for Ccommunity and technical college tuition should to approximate peer medians. Without the express approval of the Policy Commission, tuition at component or administratively linked community colleges will not be increased where such tuition exceeds the peer average tuition for West Virginia’s stand alone community colleges as calculated by the Policy Commission. In accordance with W. Va. §18B-10-1(h)(3), tuition and fee rates for all component Each administratively-linked community and technical colleges shall submit a plan to ensure that their tuition and fees “will be commensurate with the tuition and fees charged by their peer institutions” within a time frame agreed upon between the institution and the CommissionCouncil. Each institution with a component administratively-linked community college will submit, as part of its Ccompact, a plan to the commission Council regarding the progress toward this goal. In accordance with the Policy Commission guidelines, cCommunity colleges offering upper division courses may charge tuition for such courses consistent with the tuition charged for similar courses at West Virginia public four-year institutions.

4.3.3.5. The Policy Commission and Council shall set guidelines for out-of-state tuition levels which take into account the cost of instruction and an appropriate relationship between in-state and out-of-state tuition levels, with out-of-state tuition and fees covering at least the full costs of instruction. The cost-of- instruction comparison shall not consider capital fees or non-educational and general required fees. It is the intention of the Commission and Council that there be no disincentives for the enrollment of non-resident students unless their admission results in a lack of opportunities for qualified West Virginia residents.

4.3.3.6. The Commission or Council may authorize institutions to utilize market-based pricing for out-of-state students with the understanding that no state funds will be provided to replace any foregone revenues. Institutions are encouraged to set market-based tuition rates in excess of incremental cost, but each Board of Governors can determine the appropriate charges to meet institutional goals.

4.4. Student Financial Aid.

4.4.1. Each institution shall develop explicit student financial aid policies that address such issues as:

4.4.21.1. The manner in which tuition and fee increases are offset by financial aid.

4.4.31.2. The balance of need-based and merit-based aid.

4.4.41.3. The balance of loan versus scholarship/grant awards.

4.4.2. Institutions must obtain approval from the Commission or Council to use tuition and fee revenues to fund any scholarship or fellowship except as authorized in section 4.5.1 or state statute.

4.5. Tuition Pricing and Discounts.

4.5.1. The Commission and Council reserves the right to limit discounts or adjustments to 6 297 133CSR2

tuition revenue. The extent to which tuition and fee pricing is offset or reduces tuition and fee revenue through various discounts such as tuition waivers, reciprocal agreements and metro fees will be a consideration in the Commission’s and Council’s decision regarding allocation of state appropriations to each institution.

4.6. Other Revenues.

4.6.1. Institutions are expected to acquire unrestricted and restricted revenues from educational and general sources other than tuition and fees and state appropriations.

4.6.2. Consistent with this intent:

4.6.2.1. The peer group median of the per student revenues from sources other than tuition and fee or state appropriations will be established as a target for each institution. State appropriation support for institutions exceeding such targets would not normally be reduced as a result of institutional success in this area.

4.6.2.2. Institutions are expected to seek approval from the Policy Commission or Council for any supplemental budget requests or Budget Digest funding before eeking such funds.

4.6.3. The availability of endowment funds shall not be considered in determining the appropriate funding requirements or the state funds allocated to an institution.

5.0 Auxiliary Enterprise and Grants and Contracts Financing Policies.

5.0.1. Each institution shall prepare separate budgets for auxiliary enterprises and grants and contracts based on estimated current revenue and expenditures.

5.0.2. Direct charges for services and required auxiliary fees should be sufficient to enable the auxiliary enterprises to operate on a self-supporting basis for both direct and indirect costs.

6.0 Appropriation Requests.

6.0.1. The Commission shall submit an appropriation request, including the budget request developed by the Council, before the first day of September annually.

6.0.2. The Council shall approve and provide its appropriation request to the Commission within sufficient time for it to be incorporated within the Commission request.

6.0.3. In developing appropriation requests, the Commission and Council will confer in an effort to identify common issues and to explore possible common requests.

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