Chapter 18B, Chapter 18B

As used in this article, the following terms have the meanings ascribed to them. (a) "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et seq. (b) "Auxiliary enterprise" means an entity that exists to furnish goods or services to students, faculty, staff …

(a) By December 31, 2017, the commission and council, jointly or separately, shall develop a system capital development oversight policy for approval by the Legislative Oversight Commission on Education Accountability. At a minimum the initial oversight policy shall include the f…

(a) Each governing board shall update its current campus development plan and submit the updated plan to the commission or council, as appropriate. The submission of a plan or updated plan to the council is for approval. A campus development plan shall be adopted by each governin…

(a) The commission and council each shall submit a prioritized capital appropriation request annually to the state budget office as required by article two, chapter eleven-b of this code consisting of major capital projects and maintenance projects. (b) The commission and council…

(a) The commission and governing boards, jointly or singly, may issue revenue bonds for capital project financing in accordance with section eight, article ten of this chapter. (b) A governing board may seek funding for and initiate construction or renovation work for major proje…

(a) The commission, council and governing boards, as responsibility is otherwise assigned herein, shall ensure that capital funds are spent appropriately and that capital projects are managed effectively. Project management shall be conducted in all respects according to sound bu…

(a) Each governing board shall ensure that facilities under its jurisdiction are maintained and that a listing of any major deferred maintenance projects is provided annually to the commission or council, as appropriate. (b) Each governing board shall strive to invest annually an…

(a) The commission and council jointly shall develop and maintain a higher education facilities information system, except for the exempt schools. The higher education facilities information system shall serve as a vehicle for carrying out the following functions: (1) Acquisition…

As used in this article: (1) “Campus community” includes students, administrators, faculty, and staff at the institution of higher education, and their invited guests. (2) “Harassment” means an expression that is unwelcome, so severe, pervasive, and subjectively and objectively o…

Expressive activities protected under the provisions of §18-1-1 et seq. of this code include, but are not limited to, any lawful verbal and nonverbal speech. This may include lawful and protected forms of peaceful assembly, protests, speeches and guest speakers, distribution of l…

The outdoor areas of campuses of state institutions of higher education shall be considered public forums for the campus community, and state institutions of higher education shall not limit free speech by creating “free speech zones” or other designated areas of campus outside o…

(a) Any person who wishes to engage in protected and lawful expressive activity on campus shall be permitted to do so freely, as long as the person’s conduct is not unlawful, and does not materially and substantially disrupt the functioning of the state institution of higher educ…

A state institution of higher education may not deny a religious, political, or ideological student organization any benefit or privilege generally available to other student organizations, or otherwise discriminate against the organization based on a requirement of the organizat…

State institutions of higher education shall develop materials to educate the campus community on the institution’s free speech policies.

(a) Each state institution of higher education shall publicly post on its website any policies it has enacted regarding protected expressive activity under the First Amendment to the United States Constitution. (b) Each campus shall report to the Higher Education Policy Commissio…

Any person or student organization aggrieved by a violation of this article may bring an action against the state institution of higher education and its employees acting in their official capacities, alleged to be responsible for the alleged violation. The aggrieved person or st…

Any action brought pursuant to this article shall be commenced not later than one year after the day the cause of action accrues.

This article may be cited and known as the Student Journalist Press Freedom Protection Act.

(a) The Legislature finds that: (1) Freedom of expression through high school, college, and university sponsored media is protected by the First Amendment to the United States Constitution and Article III, section 7 of the West Virginia Constitution; (2) A high school, college, a…

As used in this article: “School-sponsored media” means any material that is prepared, substantially written, published, or broadcast, in any media, by a student journalist at a public high school, college, or university under the supervision of a student media adviser and distri…

(a) Except as provided in subsection (b) of this section, a student journalist has the right to freedom of speech and of the press in school-sponsored media regardless of whether the media is supported financially by the school, uses the facilities of the school, or is produced i…

For purposes of this article: "Athlete agent" means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to §30-39-5 of this code. "Attorney" means an attorney licensed to practice law in the State of West Virginia. "Compensation" means …

(a) Under the provisions of this article, institutions may (1) Enter into agreements providing for the compensation of student-athletes for the use of the student-athlete’s name, image, or likeness; (2) Share a portion of the revenues generated by an intercollegiate athletic depa…

(a) As a result of a student-athlete engaging in activities authorized by this article, no institution, athletic association, athletic conference, or other organization with authority over intercollegiate athletics may: (1) Open an investigation, penalize, suspend, take other adv…

No student-athlete may earn compensation for the use of the student-athlete’s name, image, or likeness in connection with any of the following: (1) Alcohol and alcoholic beverages; (2) Adult entertainment; (3) Cannabis, cannabinoids, cannabidiol, or other derivatives, not includi…

(a) Any student-athlete who is aggrieved by any action of an institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics in violation of any provision of this article may bring an action for injuncti…

This article shall be known and may be cited as the Women’s Collegiate Sports Protection Act.

The Legislature finds that women’s collegiate Olympic sports provide significant educational, athletic, and leadership opportunities for students of this state; that such programs face increasing financial instability due to shifting athletic funding priorities and external marke…

For purposes of this article: "Commission" means the West Virginia Higher Education Policy Commission. "Eligible institution" means a public institution of higher education in this state that has women’s collegiate sports. "Qualified contribution" means a private monetary donatio…

(a) An eligible institution may establish a women’s athletics endowment to support women’s collegiate Olympic sports programs. (b) The commission may establish or designate a statewide women’s athletics endowment trust for the benefit of eligible institutions. (c) Funds contribut…

(a) The commission may certify verified cost savings realized by an eligible institution at the close of a fiscal year. (b) Subject to appropriation, the eligible institution may provide matching contributions to a women’s athletics endowment based upon verified cost savings. (c)…

Earnings from a women’s athletics endowment may be used solely for scholarships, coaching and training staff, equipment, facilities, travel, and other expenses directly related to women’s collegiate Olympic sports programs.

(a) Each participating institution shall submit an annual report to the commission detailing verified cost savings, matching contributions received, private contributions, expenditures, and compliance with Title IX. (b) The commission shall submit an annual consolidated report to…

The commission may promulgate legislative rules in accordance with §29A-3A-1 et seq. of this code to implement the provisions of this article.

This article shall take effect July 1, 2026.