A bill that would clear a major legal hurdle for West Virginia University as it relocates its Institute of Technology to Beckley was passed out of committee Wednesday and will now go to the full House for a vote.
The bill (HB 4310) removes from state code language that says WVU Tech shall remain headquartered in Montgomery. It also was the subject of a public hearing Wednesday morning where House Education Committee members listened to more than an hour of testimony from locals and university officials who either support or oppose the move.
In a voice vote, committee members approved the bill with an amendment that requires WVU to collaborate with Concord University and Bluefield State College, which have regional campuses in the area, and submit programming at the Beckley campus for approval with the state Higher Education Policy Commission.
Before voting on the bill, Delegate Dave Perry, D-Fayette, characterized WVU Tech's struggle for viability under WVU's control as a fight between David and Goliath.
Perry, who voted against passing the bill onto the House, said approving it would set a precedent and allow failing universities to be swallowed up by flagships like WVU or Marshall.
Earlier Wednesday, Perry said talk among fellow lawmakers suggests the bill will make it through the House. He went on to say passing the bill is wrong.
“It concerns me what economic impact it'll have on Montgomery and the Upper Kanawha Valley,” he said.
WVU officials admit no economic impact study was conducted before plans were made to relocate Tech to Beckley, though they maintain it is no longer possible to operate the school out of its Montgomery campus, which is estimated to have $100 million in deferred maintenance needs.
The negative impact of the move could be lessened if the university finds alternative use for facilities in Montgomery. Rob Alsop, vice president of legal, government and entrepreneurial services for WVU, told committee members the university is exploring the possibility of a state or federal government organization taking over one or more of the buildings.
He also admitted moving the struggling school to Beckley is a financial risk and that the new campus is not guaranteed success.
Before the bill was passed out of committee, Perry and other Fayette County lawmakers hoped legislation they introduced would be considered first. That bill (HB 4431) would require colleges to seek approval from the Legislative Oversight Committee on Education Accountability before they close or transfer to another location. It also would require economic impact studies to be submitted to LOCEA before relocation can be approved.
Even if it had been taken up before HB 4310, Perry said it likely wouldn't retroactively prevent the WVU Tech relocation.
“It's about the future,” he said, adding that the law would prevent failing universities from being shut down and absorbed by WVU or Marshall University in the future.
During Wednesday's public hearing, Delegate Tom Fast, R-Fayette, asked Education Committee Chairman Paul Espinosa to layover HB 4310 and take up HB 4431 first. Fast, who sponsored the bill, said LOCEA should be allowed to weigh in before the bill passes.
The controversial relocation of WVU Tech was announced in August after years of speculation the university would close. The move is set to be completed in 2017.
Arguments over the move can be split into two sides: Locals say it's unlawful and would severely harm the Upper Kanawha Valley economy, and university officials say relocation is the only way to preserve the school's academic programs.
In recent months, the university has sought solidarity with Upper Kanawha Valley governments that will be affected by the move, and has proposed an agreement trading economic support for a promise not to support litigation that would prevent the move. Kanawha and Fayette commissioners and the Town of Smithers have agreed to those terms, but Montgomery City Council members voted not to sign at this time.
Attempts to keep WVU Tech in Montgomery also are happening through the court system. Locals have filed a lawsuit in Kanawha County Circuit Court seeking a restraining order that would prevent the move, but a final hearing won't take place until May.
Unless the move is stopped in court, WVU Tech will relocate in 2017. Starting this fall, first-year students will be admitted to the Beckley campus. Sophomores, juniors and seniors, however, can finish their degrees in Montgomery.
Reach Samuel Speciale at sam.speciale@wvgazettemail.com, 304-348-7939 or follow @samueljspeciale on Twitter.