(a) The governing board of a state institution of higher education is granted the
additional powers and assigned the associated duties pursuant to this section previously
granted and assigned to the governing boards of Marshall University and West Virginia
University, if the commission or council, as appropriate, approves granting the powers
and assigning the duties to that governing board.
(b) The powers and duties that may be granted and assigned pursuant to this section
are the following:
(1) Sections five, six and seven, article three, chapter twelve of this code;
(2) Section two, article three of this chapter;
(3) Sections five, six and seven, article four of this chapter;
(4) Section seven, article five of this chapter; and
(5) Section six-a, article ten of this chapter.
(c) Additional powers and duties related to purchasing -- The powers and duties granted and assigned to the governing boards of Marshall
University and West Virginia University by section four, article five of this chapter
are extended to the governing boards of all other state institutions of higher education
under the following conditions:
(1) The commission and council shall conduct a study to determine the capacity of
each governing board under their respective jurisdictions to implement the additional
powers and carry out the additional assigned duties related to purchasing;
(2) Based upon the findings of the study, the commission and council shall approve
the governing boards under their respective jurisdictions that they determine have
the capacity to exercise the powers and carry out the assigned duties pursuant to
section four, article five of this chapter; and
(3) The commission and council shall report their findings together with a list of
the governing boards they each have approved to the Legislative Oversight Commission
on Education Accountability by December 1, 2011.
(d) The commission and council have the power and the duty to monitor participation
and provide technical assistance, as requested or required, to governing boards under
their respective jurisdictions and to limit or rescind exercise of the powers, in
whole or in part, granted by this section to a governing board if, in the sole determination
of the commission or council, as appropriate, that action is warranted.
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