Terms Used In West Virginia Code > Chapter 4 > Article 1A - Legislative Immunity

• Administratively linked community and technical college: means a state institution of higher education delivering community and technical college education and programs which has maintained a contractual agreement to receive essential services from another accredited state institution of higher education prior to July 1, 2008. See West Virginia Code 18B-1-2
• Adult basic education: means adult basic skills education designed to improve the basic literacy needs of adults, including information processing skills, communication skills and computational skills, leading to a high school equivalency diploma under the jurisdiction of the state Board of Education. See West Virginia Code 18B-2B-2
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agreement: means an agreement or contractual relationship entered into between the commission and an affiliated corporation pursuant to the provisions of this article. See West Virginia Code 18B-1F-2
• Alternative education: means an authorized departure from the regular school program designed to provide educational and social development for students whose disruptive behavior places them at risk of not succeeding in the traditional school structures and in adult life without positive interventions. See West Virginia Code 18A-1-1
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• approval: when used in reference to action by the commission or the council, means action in which the governance rationale of a governing board under its jurisdiction is given due consideration, and the action of the commission is to additionally establish whether the proposed institutional action is consistent with law and established policy and is an appropriate advancement of the public interest. See West Virginia Code 18B-1-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bequest: Property gifted by will.
• Board of directors: means the governing body of a corporation created pursuant to section three of this article. See West Virginia Code 18B-1F-2
• Board of visitors: means the advisory board previously appointed for the West Virginia Graduate College and the advisory board previously appointed for West Virginia University Institute of Technology, which provide guidance to the Marshall University Graduate College and West Virginia University Institute of Technology, respectively. See West Virginia Code 18B-1-2
• boards: means the institutional boards of governors created by §. See West Virginia Code 18B-1-2
• brokering: means serving as an agent on behalf of students, employers, communities, or responsibility areas to obtain education services not offered at that institution. See West Virginia Code 18B-1-2
• Central office administrator: means a superintendent, associate superintendent, assistant superintendent and other professional educators who are charged with administering and supervising the whole or some assigned part of the total program of the countywide school system. See West Virginia Code 18A-1-1
• Chambers: A judge's office.
• Chancellor: means the Chancellor for Higher Education where the context refers to a function of the Higher Education Policy Commission. See West Virginia Code 18B-1-2
• Chancellor for community and technical college education: means the chief executive officer of the West Virginia council for community and technical college education employed pursuant to section three, article two-b of this chapter. See West Virginia Code 18B-2B-2
• Chancellor for Community and Technical College Education: means the chief executive officer of the West Virginia Council for Community and Technical College Education employed pursuant to §. See West Virginia Code 18B-1-2
• Chancellor for Higher Education: means the chief executive officer of the Higher Education Policy Commission employed pursuant to §. See West Virginia Code 18B-1-2
• Classroom teacher: means a professional educator who has a direct instructional or counseling relationship with students and who spends the majority of his or her time in this capacity. See West Virginia Code 18A-1-1
• Collaboration: means entering into an agreement with one or more providers of education services in order to enhance the scope, quality, or efficiency of education services. See West Virginia Code 18B-1-2
• college: means the statewide, accredited entity created pursuant to the provisions of this article. See West Virginia Code 18B-2C-2
• commission: means the commission created by §. See West Virginia Code 18B-1-2
• Committee substitute: Short for committee amendment in the nature of a substitute.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community and technical college education: means the programs, faculty, administration, and funding associated with the delivery of community and technical college education programs. See West Virginia Code 18B-1-2
• community and technical college network: means the state institutions of higher education under the jurisdiction of the West Virginia Council for Community and Technical College Education which are independently accredited, each governed by its own independent governing board, and each having a core mission of providing affordable access to and delivering high quality community and technical education in every region of the state. See West Virginia Code 18B-1-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• confirmation: when used in reference to action by the commission, means action in which substantial deference is allocated to the governing authority of a governing board under its jurisdiction and the action of the commission is to review whether the proposed institutional action is consistent with law and established policy. See West Virginia Code 18B-1-2
• Continuance: Putting off of a hearing ot trial until a later time.
• corporation: means a corporation which meets the essential criteria prescribed in section three of this article and whose purpose is to provide management services to the commission in carrying out the day to day operations of the Technology Park. See West Virginia Code 18B-1F-2
• council: means the council established pursuant to section three of this article. See West Virginia Code 18B-2B-2
• council: means the council established pursuant to section three, article two-b of this chapter. See West Virginia Code 18B-2C-2
• Council: means the West Virginia Council for Community and Technical College Education created by §. See West Virginia Code 18B-1-2
• Cross examine: Questioning of a witness by the attorney for the other side.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous student: means a student who is substantially likely to cause serious bodily injury to herself or another individual within that student'. See West Virginia Code 18A-1-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Donor: The person who makes a gift.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Essential conditions: means those conditions which shall be met by community and technical colleges as provided in §. See West Virginia Code 18B-1-2
• Executive director: means the chief executive officer of an affiliated corporation employed pursuant to section five of this article. See West Virginia Code 18B-1F-2
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Governing board: means the West Virginia council for community and technical college education when acting as the governing board for the West Virginia community and technical college created pursuant to the provisions of this article. See West Virginia Code 18B-2C-2
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent community and technical college: means a state institution of higher education under the jurisdiction of the council, which is independently accredited, is governed by its own independent governing board, and may not be operated as a branch or off-campus location of any other state institution of higher education. See West Virginia Code 18B-1-2
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• operating budget: means for any fiscal year an institution's total unrestricted education and general funding from all sources, including, but not limited to, tuition and fees and legislative appropriation, and any adjustments to that funding as approved by the commission or council based on comparisons with peer institutions or to reflect consistent components of peer operating budgets. See West Virginia Code 18B-1-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Potential membership: means the total number of members who comprise the board of directors when all membership seats are filled. See West Virginia Code 18B-1F-2
• Principal: means a professional educator who functions as an agent of the county board and has responsibility for the supervision, management and control of a school or schools within the guidelines established by the county board. See West Virginia Code 18A-1-1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• professional personnel: means those persons or employees who meet the certification requirements of the state, licensing requirements of the state, or both, and includes a professional educator and other professional employee. See West Virginia Code 18A-1-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
• Recess: A temporary interruption of the legislative business.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• rules: means a regulation, standard, policy, or interpretation of general application and future effect. See West Virginia Code 18B-1-2
• School personnel: means all personnel employed by a county board whether employed on a regular full-time basis, an hourly basis or otherwise. See West Virginia Code 18A-1-1
• Sponsoring institution: means a state institution of higher education that maintained an administrative link to a community and technical college providing essential services prior to July 1, 2008. See West Virginia Code 18B-1-2
• State college and university: means Bluefield State College, Concord University, Fairmont State University, Glenville State College, Shepherd University, West Liberty University, or West Virginia State University. See West Virginia Code 18B-1-2
• State institution of higher education: means any university, college, or community and technical college under the jurisdiction of a governing board as that term is defined in this section. See West Virginia Code 18B-1-2
• statutorily exempted schools: means West Virginia University, including West Virginia University Potomac State College and West Virginia University Institute of Technology. See West Virginia Code 18B-1-2
• Supervisor: means a professional educator who is responsible for working primarily in the field with professional and other personnel in instructional and other school improvement. See West Virginia Code 18A-1-1
• Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
• Technology Park: means the state-owned West Virginia Education, Research and Technology Park affiliated with the commission. See West Virginia Code 18B-1F-2
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Vice chancellor: means the vice chancellor for community and technical college education and work force development pursuant to section five, article one-b of this chapter. See West Virginia Code 18B-2C-2
• Vice chancellor for administration: means the person employed in accordance with §. See West Virginia Code 18B-1-2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.