West Virginia Code of State Rules Agency 135 - Community And Technical College Education
West Virginia Code of State Rules – Agency 135
Community and Technical College Education
1. Overview and Purpose
Agency 135 governs the operation, administration, and regulation of community and technical colleges in West Virginia. Its purpose is to ensure:
High-quality, accessible post-secondary education,
Consistency across community and technical colleges,
Compliance with state policies and standards,
Alignment with workforce needs and economic development.
Agency 135 rules guide curriculum standards, faculty qualifications, student services, governance, and accountability for public two-year colleges.
2. Statutory Authority
Agency 135 derives authority from West Virginia Code Chapter 18B, which covers higher education institutions.
The West Virginia Council for Community and Technical College Education (CTCS) is the governing body empowered to adopt and enforce these rules.
The CTCS oversees the community and technical college system statewide, providing policy direction and budget approval.
3. Key Regulatory Provisions
a. Governance and Administration
Each community and technical college is governed locally by a Board of Governors.
Boards are responsible for policy implementation, fiscal management, and institutional leadership.
The CTCS provides oversight, approves academic programs, and ensures colleges align with state strategic goals.
b. Academic Standards and Curriculum
The rules specify minimum standards for curriculum approval, including:
Course content requirements,
Program accreditation standards,
Transferability of credits to four-year institutions,
Workforce-oriented training programs.
Colleges must submit new programs for CTCS review and approval.
c. Faculty Qualifications
Faculty must meet minimum qualifications generally including:
Master’s degree in the discipline or related field for instructional roles,
Relevant professional experience for technical programs.
Policies encourage continuous faculty development and assessment.
d. Student Services and Support
Colleges must provide:
Academic advising,
Career counseling,
Disability services,
Financial aid assistance.
Rules emphasize access and equity for diverse student populations.
e. Funding and Accountability
The CTCS allocates state funds to colleges based on formulas tied to enrollment, program costs, and performance metrics.
Colleges are required to report on student outcomes, retention, graduation rates, and employment placement.
Annual audits and performance reviews ensure fiscal responsibility.
f. Admission Policies
Open admission policies for associate degree and certificate programs, with some selective admissions for specialized technical programs.
Requirements for placement testing and developmental education are established.
4. Relevant Legal Context
a. Authority of CTCS
Courts have upheld the CTCS’s broad authority to regulate community and technical colleges under West Virginia Code §18B-2B-4.
The CTCS’s rulemaking is considered valid unless it exceeds statutory authority or violates procedural requirements.
b. Due Process in Academic and Disciplinary Matters
Students and faculty at community and technical colleges are entitled to due process under state law for disciplinary actions.
Gowdy v. West Virginia University, although involving a university, establishes principles of procedural fairness applicable to technical colleges regarding suspension or dismissal.
c. Employment and Labor Compliance
Faculty employment policies must comply with state and federal labor laws.
Challenges to termination or non-renewal of contracts may be addressed through administrative hearings under state personnel rules.
d. Accessibility and Non-Discrimination
Colleges must comply with state and federal disability laws (e.g., ADA).
Agency 135 mandates reasonable accommodations and equitable access to programs.
5. Practical Implications
| Area | Implication |
|---|---|
| Curriculum Development | Colleges must work closely with CTCS for program approval, ensuring alignment with labor market needs. |
| Faculty Hiring | Must meet qualification standards; continuous professional development is emphasized. |
| Student Services | Required to provide comprehensive support, promoting student success and retention. |
| Governance | Local boards manage daily operations but under CTCS oversight and policy framework. |
| Funding | Reliant on state allocation formulas and tied to accountability metrics. |
6. Summary
Agency 135 serves as the regulatory framework for West Virginia’s community and technical colleges, ensuring:
Consistency in educational quality,
Compliance with statutory mandates,
Effective governance and accountability,
Supportive learning environments.
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