Subtitle I. General Provisions.

Chapter 1. Definitions and General Provisions.

Article 1. Definitions.

§ 23.1-100. Definitions.

As used in this title, unless the context requires a different meaning:

“Associate-degree-granting” means that an associate degree is the most advanced degree that is granted.

“Associate-degree-granting public institution of higher education” includes Richard Bland College and each comprehensive community college.

“Baccalaureate” means that bachelor’s degrees or more advanced degrees, or both, are granted.

“Baccalaureate public institution of higher education” includes Christopher Newport University, George Mason University, James Madison University, Longwood University, the University of Mary Washington, Norfolk State University, Old Dominion University, Radford University, the University of Virginia, the University of Virginia’s College at Wise as a division of the University of Virginia, Virginia Commonwealth University, Virginia Military Institute, Virginia Polytechnic Institute and State University, Virginia State University, and The College of William and Mary in Virginia.

“Chief executive officer” includes the Chancellor of the Virginia Community College System, the Chancellor of the University of Virginia’s College at Wise, the Superintendent of Virginia Military Institute, and the president of each other public institution of higher education.

“Comprehensive community college” means an associate-degree-granting public institution of higher education governed by the State Board that offers instruction in one or more of the following fields:

  1. Freshman and sophomore courses in arts and sciences acceptable for transfer to baccalaureate degree programs;
  2. Diversified technical curricula, including programs leading to an associate degree;
  3. Career and technical education leading directly to employment;
  4. Courses in general and continuing education for adults in the fields set out in subdivisions 1, 2, and 3; or
  5. Noncredit training and retraining courses and programs of varying lengths to meet the needs of business and industry in the Commonwealth.“Council” means the State Council of Higher Education for Virginia.“Governing board” includes the State Board and the board of visitors of each baccalaureate public institution of higher education. “Governing board” does not include local community college boards.“Local community college board” means the board established to act in an advisory capacity to the State Board and perform such duties with respect to the operation of a single comprehensive community college as may be delegated to it by the State Board.“Nonprofit private institution of higher education” means any postsecondary school, as that term is defined in § 23.1-213 , in the Commonwealth that is exempt from paying federal income taxes under § 501(c)(3) of the Internal Revenue Code and is certified by the Council to offer degrees or exempt from such certification pursuant to Article 3 (§ 23.1-213 et seq.) of Chapter 2.“Non-Virginia student” means any student who has not established domicile in the Commonwealth pursuant to § 23.1-502 .“Private institution of higher education” includes each nonprofit private institution of higher education and proprietary private institution of higher education in the Commonwealth.“Proprietary private institution of higher education” means any postsecondary school, as that term is defined in § 23.1-213 , in the Commonwealth that is privately owned, privately managed, and obligated to pay federal income taxes in the Commonwealth and is certified by the Council to offer degrees or exempt from such certification pursuant to Article 3 (§ 23.1-213 et seq.) of Chapter 2.“Public institution of higher education” includes the System as a whole and each associate-degree-granting and baccalaureate public institution of higher education in the Commonwealth.“State Board” means the State Board for Community Colleges.“System” means the Virginia Community College System.“Virginia student” means any student who has established domicile in the Commonwealth pursuant to § 23.1-502 .

History. 2016, c. 588.

Transition provisions.

Acts 2016, c. 588, cl. 2 provides: “That whenever any of the conditions, requirements, provisions, contents, or portions of § 2.2-108 , Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, or Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, or Title 23 ( § 23-1 et seq.) of the Code of Virginia or any other title of the Code of Virginia as such titles existed prior to October 1, 2016, are transferred in the same or modified form to a new section or chapter of Title 23.1 or any other title of the Code of Virginia and whenever any such former section, article, or chapter is given a new number in Title 23.1 or any other title of the Code of Virginia, all references to § 2.2-108 , Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, or Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, or Title 23 ( § 23-1 et seq.) of the Code of Virginia or any other title of the Code of Virginia shall be construed to apply to the new or renumbered section, article, or chapter containing such conditions, requirements, provisions, contents, or portions.”

Acts 2016, c. 588, cl. 3 provides: “That the regulations of any department or agency affected by the revision of § 2.2-108 , Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, or Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, or Title 23 ( § 23-1 et seq.) of the Code of Virginia or such other titles in effect on the effective date of this act shall continue in effect to the extent that they are not in conflict with this act and shall be deemed to be regulations adopted under this act.”

Acts 2016, c. 588, cl. 4 provides: “That the provisions of § 30-152 of the Code of Virginia shall apply to the revision of Title 23 ( § 23-1 et seq.) of the Code of Virginia so as to give effect to other laws enacted by the 2016 Session of the General Assembly, notwithstanding the delay in the effective date of this act.”

Acts 2016, c. 588, cl. 5 provides: “That the amendment of § 2.2-108 and the repeal of Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, and Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, and Title 23 ( § 23-1 et seq.) of the Code of Virginia, Chapter 471 of the Acts of Assembly of 1964, as amended, Chapter 170 of the Acts of Assembly of 1978, and Chapter 306 of the Acts of Assembly of 1986, as amended, effective as of October 1, 2016, shall not affect any act or offense done or committed, or any penalty incurred, or any right established, accrued, or accruing on or before such date, or any proceeding, prosecution, suit, or action pending on that date. Except as otherwise provided in this act, the amendment of § 2.2-108 , the repeal of Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, and Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, and Title 23 ( § 23-1 et seq.) of the Code of Virginia, Chapter 471 of the Acts of Assembly of 1964, as amended, Chapter 170 of the Acts of Assembly of 1978, and Chapter 306 of the Acts of Assembly of 1986, as amended, and the enactment of Title 23.1 shall not apply to offenses committed prior to October 1, 2016, and prosecution for such offenses shall be governed by the prior law, which is continued in effect for that purpose. For the purpose of this enactment, an offense was committed prior to October 1, 2016, if any of the essential elements of the offense occurred prior thereto.”

Acts 2016, c. 588, cl. 6 provides: “That any notice given, recognizance taken, or process or writ issued before October 1, 2016, shall be valid although given, taken, or to be returned to a day after such date, in like manner as if Title 23.1 had been effective before the same was given, taken, or issued.”

Acts 2016, c. 588, cl. 7 provides: “That if any clause, sentence, paragraph, subdivision, subsection, or section of Title 23.1 shall be adjudged in any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, subsection, or section thereof directly involved in the controversy in which the judgment shall have been rendered, and to this end the provisions of Title 23.1 are declared severable.”

Acts 2016, c. 588, cl. 8 provides: “That the amendment of § 2.2-108 and the repeal of Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, and Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, and Title 23 ( § 23-1 et seq.) of the Code of Virginia, Chapter 471 of the Acts of Assembly of 1964, as amended, Chapter 170 of the Acts of Assembly of 1978, and Chapter 306 of the Acts of Assembly of 1986, as amended, effective as of October 1, 2016, shall not affect the validity, enforceability, or legality of any loan agreement, management agreement, memorandum of understanding, prepaid tuition contract, savings trust agreement, or other contract, or any right established or accrued under such loan agreement, management agreement, memorandum of understanding, prepaid tuition contract, savings trust agreement, or other contract, that existed prior to such amendment or repeal.”

Acts 2016, c. 588, cl. 9 provides: “That the amendment of § 2.2-108 and the repeal of Article 4 ( § 2.2-2508 et seq.) of Chapter 25, Article 1 ( § 2.2-2700 et seq.) of Chapter 27, and Chapter 50.1 ( § 2.2-5004 et seq.) of Title 2.2, § 3.2-503, and Title 23 ( § 23-1 et seq.) of the Code of Virginia, Chapter 471 of the Acts of Assembly of 1964, as amended, Chapter 170 of the Acts of Assembly of 1978, and Chapter 306 of the Acts of Assembly of 1986, as amended, effective as of October 1, 2016, shall not affect the validity, enforceability, or legality of any bond or other debt obligation authorized, issued, or outstanding prior to such amendment or repeal.”

Acts 2016, c. 588, cl. 11 provides: “That the provisions of this act shall not affect the existing terms of persons currently serving as members of any agency, board, authority, commission, or other entity and that appointees currently holding positions shall maintain their terms of appointment and continue to serve until such time as the existing terms might expire or become renewed. However, any new appointments made on or after October 1, 2016, shall be made in accordance with the provisions of this act.”

Acts 2016, c. 588, cl. 12 provides: “That the provisions of this act shall become effective on October 1, 2016.”

Article 2. General Provisions.

§ 23.1-101. Endowment funds of public institutions of higher education.

It is the public policy of the Commonwealth that:

  1. Each public institution of higher education, the Frontier Culture Museum of Virginia, Gunston Hall, the Jamestown-Yorktown Foundation, the Science Museum of Virginia, and the Virginia Museum of Fine Arts shall be encouraged in their attempts to increase their endowment funds and unrestricted gifts from private sources and reduce the hesitation of prospective donors to make contributions and unrestricted gifts; and
  2. Consistent with § 10 of Chapter 33 of the Acts of Assembly of 1927, in measuring the extent to which the Commonwealth shall finance higher education in the Commonwealth, the availability of the endowment funds and unrestricted gifts from private sources received by public institutions of higher education, the Frontier Culture Museum of Virginia, Gunston Hall, the Jamestown-Yorktown Foundation, the Science Museum of Virginia, and the Virginia Museum of Fine Arts shall neither be taken into consideration in nor used to reduce state appropriations or payments and shall be used in accordance with the wishes of the donors of such funds to strengthen the services rendered by these institutions to the people of the Commonwealth.

History. Code 1950, § 9-65.14, § 23-252; 1952, c. 707, § 23-9.2; 1956, c. 390; 1970, c. 466, § 23-252; 1972, c. 524; 1974, c. 124; 1977, c. 597; 1981, c. 505; 1997, c. 367, § 23-253.7; 1998, cc. 589, 786, § 23-287; 2000, cc. 104, 125; 2003, c. 879; 2004, c. 650; 2005, c. 758; 2013, c. 480; 2016, c. 588.

CASE NOTES

Virginia Freedom of Information Act. —

Foundation was not the agent of George Mason University (GMU) for purposes of the Virginia Freedom of Information Act (VFOIA) because GMU did not control the foundation, and each maintained its independent status as a private non-stock corporation and a public institution for higher education respectively; because the foundation was not a public body, the foundation’s documents in its custody were not subject to VFOIA even if the foundation was GMU’s agent. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Foundation documents were not subject to the Virginia Freedom of Information Act because they were not generated in the transaction of public business; regarding donations from private donors do not constitute the transaction of public business. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Circuit court properly dismissed requesters’ petition to obtain donor information from George Mason University (GMU) and a foundation because GMU and the foundation were separate and distinct entities, one being a public institution and the other being a private corporation; to the extent that while wearing her GMU hat, the GMU vice-president handled foundation documents, those documents remained foundation documents and as such, were not subject to the Virginia Freedom of Information Act. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Foundation not entity of George Mason University. —

General Assembly has not included fundraising from private sources as a government function of public institutions of higher education; therefore, there can be no delegation of public duties where the duty does not exist. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Foundation was not an entity of George Mason University (GMU) for purposes of the Virginia Freedom of Information Act because GMU did not supervise the decision making of the foundation; to the extent that the organizations had different purposes, there could be no delegation of functions from GMU to the foundation. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Circuit court properly dismissed requesters’ petition for a writ of mandamus seeking to obtain donor information from George Mason University (GMU) and a foundation because the foundation’s records were not subject to disclosure under the Virginia Freedom of Information Act (VFOIA); the foundation was not an entity of GMU for purposes of VFOIA because it was an independent non-stock corporation that coexisted alongside GMU. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Foundation’s records were not subject to disclosure under the Virginia Freedom of Information Act because the foundation was not wholly or principally supported by public funds and as such did not fit within the definition of a “public body”; the foundation was not and had never been supported wholly or principally by public funds. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Alter ego. —

Circuit court did not err when it found that a foundation was not the “alter ego” of George Mason University (GMU) because the foundation and GMU are independent corporate entities, and their relationship was governed by formal contractual arrangements that reflected their independent status; veil piercing is not warranted when conduct is expressly authorized by the General Assembly. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

§ 23.1-102. Chief executive officer of each public institution of higher education; duties.

The chief executive officer of each public institution of higher education shall:

  1. Maintain a register that contains a description of all of the property of the Commonwealth at the institution for the information of the governing board of the institution and any other interested party.
  2. Include in its six-year plan adopted pursuant to § 23.1-306 the following for the most recently ended fiscal year: (i) the assignment during the year of any intellectual property interests to a person or nongovernmental entity by the institution, any foundation supporting the intellectual property research performed by the institution, or any entity affiliated with the institution; (ii) the value of externally sponsored research funds received during the year from a person or nongovernmental entity by the institution, any foundation supporting the intellectual property research performed by the institution, or any entity affiliated with the institution; and (iii) the number and types of patents awarded during the year to the institution, any foundation supporting the intellectual property research funded by the institution, or any entity affiliated with the institution that were developed in whole or part from externally sponsored research provided by a person or nongovernmental entity. The plan shall report separate aggregate data on (a) those persons or nongovernmental entities that have a principal place of business in the Commonwealth as reflected in the assignment agreement or awarding documents and (b) those persons or nongovernmental entities that do not have a principal place of business in the Commonwealth as reflected in the assignment agreement or awarding documents.
  3. For any institution that maintains an intercollegiate athletics program, cause to be made out by the proper officer of such institution and forwarded to the Comptroller annually by December 31 a detailed statement of all athletics receipts and disbursements of such institution and of any affiliated committee, group, corporation, or association charged with administering the intercollegiate athletics program. Such report shall include all receipts from admission tickets, programs, refreshment concessions, radio, television, and newsreel or movie rights and all other receipts relating to any athletics contest or event. The report of disbursements shall include the name of each person, firm, or corporation to whom such disbursement was made and the amount of the disbursement. The report shall be kept on file by the Comptroller and shall be open to public inspection at all reasonable times.

History. Code 1919, § 999, § 23-4; 1952, c. 172, § 23-1.1; 1979, c. 630; 1986, c. 358, § 23-4.4; 2003, c. 708; 2006, cc. 77, 899; 2009, cc. 325, 810; 2015, cc. 579, 580; 2016, c. 588.

§ 23.1-102.1. Executive officers; salaries.

The governing board of each public institution of higher education shall report by September 1 of each year to the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and Appropriations and on Education and Health the salary by position of any executive officer of such institution that exceeds for the previous fiscal year the salary limit for the chief executive officer for such institution set forth in the general appropriation act.

History. 2019, c. 408.

Editor’s note.

The Virginia Code Commission authorized substitution of “Senate Committees on Finance and Appropriations and on Education and Health” for “Senate Committees on Finance and Education and Health.” March 10, 2021.

§ 23.1-103. Localities; conveyance of property and appropriation of funds to Commonwealth for certain educational purposes.

  1. The governing body of any locality may, subject to written advice from the Governor that the gift is acceptable, convey to the Commonwealth by deed of gift any land that is not required for the purposes of such locality, provided such land is to be used for the establishment, operation, or maintenance of a branch or division of a public institution of higher education, the Jamestown-Yorktown Foundation, the Science Museum of Virginia, or the Virginia Museum of Fine Arts. For the purpose of acquiring such land, the governing body of the locality may appropriate a portion of the general funds of the locality.
  2. The governing body of any locality may appropriate a portion of the locality’s public funds for capital outlays in connection with the operation or maintenance of any public institution of higher education or branch or division of such institution, the Jamestown-Yorktown Foundation, the Science Museum of Virginia, or the Virginia Museum of Fine Arts.

History. 1995, c. 250, § 23-3.1; 2016, c. 588.

§ 23.1-104. Disposition of lost or abandoned property.

  1. The governing board of each public institution of higher education and each accredited nonprofit private institution of higher education may provide by regulation or institution policy for the care, restitution, sale, destruction, or disposal of unclaimed personal property, whether lost or abandoned, in the possession of the institution. Whenever procedures in accordance with such regulations or institution policies and this section are followed and ownership cannot be established with respect to certain property, neither the institution nor any of its agents or employees is liable to any person claiming any interest in the property.
  2. In the case of tangible personal property, other than registered motor vehicles, lost or abandoned at a public institution of higher education or accredited nonprofit private institution of higher education:
    1. The institution, upon receipt of such property, shall make reasonable efforts to give notice that the property has been found to any person that the institution determines to reasonably appear to be the owner. The institution shall hold such property for at least 120 days. The institution shall allow a claim upon satisfactory proof of such claim and payment of the institution’s reasonable charges for storage or other services necessary to preserve the property.
    2. After the 120-day period, the institution may sell the property to the highest bidder at public auction or by sealed bid at whatever location that the institution reasonably determines to afford the most favorable market for the property. The institution may decline the highest bid and reoffer the property for sale if it considers the price bid insufficient. The net proceeds of any such sale shall be held for at least 90 days and if no claim is made on the property within that time, such funds shall be credited to the institution’s operating fund. If the institution determines that the probable cost of sale of property will exceed the sale proceeds, the property is inherently dangerous, or the property may not lawfully be sold or used, the institution may provide for any such property, as appropriate under the circumstances, to be destroyed or discarded at an appropriate location, retained for use by the institution, or donated to an appropriate charitable organization.
    3. Any sale pursuant to this subsection shall be preceded by reasonable notice of the sale, taking into consideration the type and value of property. Such notice shall include at minimum the posting on a student bulletin board and publication in a school newspaper. The institution, by the same time, shall mail notice of the sale to the last known address of any person that the institution determines to reasonably appear to be the owner.
  3. Whenever a motor vehicle is lost or abandoned on the campus of any public institution of higher education or accredited nonprofit private institution of higher education that is located in a locality that has adopted an ordinance as provided in Chapter 12 (§ 46.2-1200 et seq.) of Title 46.2, such motor vehicle shall be disposed of as provided in that ordinance. Notwithstanding any provisions of Chapter 12 of Title 46.2, the proceeds of any sale of a motor vehicle lost or abandoned on institutional property shall be credited to the institution’s operating fund after the 90-day holding period. The governing board of a public institution of higher education that has a campus or part of a campus in a locality that has not adopted such an ordinance may adopt regulations dealing with motor vehicles abandoned on such campus or such part of the campus. Such regulations shall comply with all provisions of Chapter 12 of Title 46.2 and have the same legal effect as though the institution is a political subdivision as defined in that chapter and the regulation is an ordinance. The proceeds from any sale resulting from such regulations shall be held for at least 90 days and if no claim to the motor vehicle is made within that time, such funds shall be credited to the institution’s operating fund.
  4. Whenever any intangible personal property is believed to be lost or abandoned on the campus of a public institution of higher education, it shall be administered as provided in Article 3 (§ 55.1-2524 et seq.) of Chapter 25 of Title 55.1.
  5. Whenever any personal property, tangible or intangible, has been accepted for safekeeping during a patient’s stay by any hospital operated by a public institution of higher education and such property is believed by the appropriately designated official to be lost or abandoned, it shall be administered as provided in Article 3 (§ 55.1-2524 et seq.) of Chapter 25 of Title 55.1.

History. 1981, c. 517, § 23-4.2; 1982, c. 210; 2016, c. 588.

Editor’s note.

To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitutions were made at the direction of the Virginia Code Commission: substituted “Article 3 ( § 55.1-2524 et seq.) of Chapter 25 of Title 55.1” for “Article 4 ( § 55-210.12 et seq.) of Chapter 11.1 of Title 55” twice.

§ 23.1-105. Contracts with certain nonprofit private institutions of higher education.

  1. For the purposes of this section:“Private college” means a nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education.“Services” includes a program or course of study offered or approved to be offered by a public institution of higher education or private college; use of professional personnel; use of any real or personal property owned, controlled, or leased for educational or related purposes by a public institution of higher education or private college; study, research, or investigation or similar activity by employees or students, or both, of a public institution of higher education or private college; or any other activity (i) dealing with scientific, technological, humanistic, or other educational or related subjects or (ii) providing public service or student service activities.
  2. The Commonwealth and any of its political subdivisions may contract to obtain from or furnish to private colleges educational or related services.
  3. No contract for services between private colleges and public institutions of higher education or educational agencies of the Commonwealth, including the Board of Education, is valid unless approved by the Council.
  4. Except as provided in subsection C, contracts for services between private colleges and the Commonwealth or any of its political subdivisions may be entered into in any circumstance in which the Commonwealth or its political subdivisions would, by virtue of law, have authority to contract with private contractors for educational or related services and public institutions of higher education. Private colleges shall report such contracts to the Council.
  5. The Council shall provide continuing evaluation of the effectiveness of and make recommendations regarding contracts made pursuant to this section.
  6. The authority to contract for educational or related services includes the authority to accept gifts, donations, and matching funds to facilitate or advance programs.
  7. Unless an appropriation act specifically provides otherwise, all appropriations shall be construed to authorize contracts with private colleges for the provision of educational or related services that may be the subject of or included in the appropriation.
  8. Nothing in this section shall be construed to restrict or prohibit the use of any federal, state, or local funds made available under any federal, state, or local appropriation or grant.

History. 1975, c. 399, § 23-9.10:3; 1991, c. 590; 2015, c. 709; 2016, c. 588.

§ 23.1-106. Formation of not-for-profit benefits consortium.

  1. As used in this section:“Benefits consortium” means a nonstock corporation formed pursuant to subsection B.“Benefits plan” means plans adopted by the board of directors of a benefits consortium to provide health and welfare benefits to employees of private educational institutions that are members of the benefits consortium, employees of the sponsoring association of the benefits consortium, employees of the benefits consortium, and their dependents.“Employee welfare benefit plan” has the meaning set forth in § 3(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(1).“Private educational institution” means a nonprofit private institution of higher education that is accredited by a nationally recognized regional accreditation body or by the Board of Governors of the American Bar Association and:
    1. Has its primary campus located within the Commonwealth;
    2. Is owned and operated by a corporation, trust, association, or religious institution or any subsidiary or affiliate of any such entity;
    3. Has been in existence as a private educational institution in the Commonwealth for at least 10 years;
    4. Is a member in good standing of the sponsoring association; and
    5. Otherwise qualifies as an institution of higher education as defined in § 23.1-213 .“Sponsoring association” means an association of private educational institutions that is incorporated under the laws of the Commonwealth, has been in existence for at least 20 years, and exists for purposes other than arranging for or providing health and welfare benefits to members.
  2. Notwithstanding any provision of law to the contrary, five or more private educational institutions may form a not-for-profit benefits consortium for the purpose of establishing a self-funded employee welfare benefit plan by acting as incorporators of a nonstock corporation pursuant to the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.). In addition to provisions required or permitted by the Virginia Nonstock Corporation Act, the organizational documents of the benefits consortium shall:
    1. Limit membership in the benefits consortium to private educational institutions, the sponsoring association of the benefits consortium, and the benefits consortium;
    2. Set forth the name and address of each of the initial members of the corporation;
    3. Set forth requirements for the admission of additional private educational institutions to the corporation and the procedure for admission of additional members;
    4. Require that each initial member of the corporation and each additional private educational institution admitted to membership agrees to remain a member of the benefits consortium for a period of at least five years from the date the consortium begins operations or the date of its admission to membership;
    5. Provide that the number of directors of the corporation is equal to the number of members and includes one person employed by each member and may provide for an additional director who shall be an employee of the sponsoring association; however, two individuals affiliated with the same member shall not serve on the board of directors at the same time;
    6. Provide that the board of directors has exclusive fiscal control over and be responsible for the operation of the benefits plan and shall govern the benefits consortium in accordance with the fiduciary duties defined in the federal Employee Retirement Income Security Act of 1974;
    7. Vest in the board of directors the power to make and collect special assessments against members and, if any assessment is not timely paid, to enforce collection of such assessment in the name of the corporation;
    8. State the purposes of the benefits consortium, including the types of risks to be shared by its members;
    9. Provide that each member shall be liable for its allocated share of the liabilities of the benefits consortium as determined by the board of directors;
    10. Require that the benefits consortium purchase and maintain (i) a bond that satisfies the requirements of the Employee Retirement Income Security Act of 1974, (ii) fiduciary liability insurance, and (iii) a policy of excess insurance with a retention level determined in accordance with sound actuarial principles from an insurer licensed to transact the business of insurance in the Commonwealth;
    11. Require that the benefits consortium be audited annually by an independent certified public accountant engaged by the board of directors;
    12. Prohibit the payment of commissions or other remuneration to any person on account of the enrollment of persons in any benefit plan offered by the benefits consortium; and
    13. Not include in the name of the corporation the words “insurance,” “insurer,” “underwriter,” “mutual,” or any other word or term or combination of words or terms that is uniquely descriptive of an insurance company or insurance business unless the context of the remaining words or terms clearly indicates that the corporation is not an insurance company and is not carrying on the business of insurance.
  3. Each benefits consortium shall establish and maintain reserves determined in accordance with sound actuarial principles. Capital may be maintained in the form of an irrevocable letter of credit issued to the benefits consortium by a state or national bank authorized to engage in the banking business in the Commonwealth.
  4. Except to the extent specifically provided in this section, each benefits consortium organized under and operated in conformity with this section that remains in good standing under the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) and otherwise meets the requirements set forth in this section is governed solely by and subject only to the provisions of the Employee Retirement Income Security Act of 1974 as implemented by the U.S. Department of Labor, is exempt from all state taxation, and is not otherwise subject to the provisions of Title 38.2, including regulation as a multiple employer welfare arrangement.

History. 2007, c. 136, § 23-4.2:1; 2014, c. 578; 2016, c. 588.

§ 23.1-107. Private institutions of higher education; human research review committees.

The human research review committee at each private institution of higher education that conducts human research, as that term is defined in § 32.1-162.16 , shall submit to the Governor, the General Assembly, and the president of the institution or his designee at least annually a report on the human research projects reviewed and approved by the committee and any significant deviations from approved proposals.

History. 1992, c. 603, § 23-9.2:3.3; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, deleted “proprietary private institution of higher education and nonprofit” following “The human research review committee at each.”

§ 23.1-108. Foundations; annual reporting requirements.

  1. Each public institution of higher education shall release an annual report regarding foundations associated with the institution setting forth foundation expenses. The annual report shall include:
    1. The total annual expenditures by each foundation;
    2. The percentage of expenditures used for scholarships or financial aid by each foundation;
    3. The percentage of expenditures used for faculty compensation by each foundation;
    4. The percentage of expenditures used for program costs by each foundation;
    5. The percentage of expenditures used for equipment and technology by each foundation;
    6. The percentage of expenditures used for administrative support by each foundation; and
    7. The percentage of expenditures used for executive compensation by each foundation.
  2. This section shall not apply to the Virginia Community College System.

History. 2020, c. 511.

§ 23.1-109. Public-private partnerships; wind and solar power.

  1. Each public institution of higher education may enter into a public-private partnership with any private entity whereby such entity is permitted to use at no cost property owned or controlled by such public institution of higher education for the generation of wind or solar power in exchange for offering educational immersion programs that provide hands-on education and training in the construction, operations, and maintenance of its wind or solar power generators. Such educational immersion programs shall be open to high school students and students at public institutions of higher education on the basis of admissions criteria established by the partner public institution of higher education.
  2. Any energy produced by solar or wind power generators as a result of a public-private partnership established pursuant to this section shall be (i) used to provide power for the partner public institution of higher education or (ii) introduced to applicable power grids and sold at market rates, with profits split as agreed upon by the private entity and the partner public institution of higher education. Any such profits gained by the partner public institution of higher education shall be used to further research, expand clean energy education programs, or lower student tuition rates.

History. 2020, c. 775.

The number of this section was assigned by the Virginia Code Commission, the number in Acts 2020, c. 775 having been § 23.1-108 .

§ 23.1-110. Medical schools to report information concerning fourth-year medical students to the Department of Health; Eligible Health Care Provider Reserve Directory.

All medical schools in the Commonwealth shall report information prescribed in subsection B of § 32.1-23.3 for fourth-year medical students who are in good standing and scheduled to graduate early or on time to the Department of Health for inclusion in the Eligible Health Care Provider Reserve Directory (the Directory) when such students register for inclusion in the Directory and consent to the release of their education records required for inclusion in the Directory in compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g.

History. 2021, Sp. Sess. I, c. 530.

Effective date.

This section is effective April 7, 2021.

Chapter 2. State Council of Higher Education for Virginia.

Article 1. Membership and Organization.

§ 23.1-200. State Council of Higher Education for Virginia established; purpose; membership; terms; officers.

  1. The State Council of Higher Education for Virginia is established to advocate for and promote the development and operation of an educationally and economically sound, vigorous, progressive, and coordinated system of higher education in the Commonwealth and lead state-level strategic planning and policy development and implementation based on research and analysis and in accordance with § 23.1-301 and subsection A of § 23.1-1002 . The Council shall seek to facilitate collaboration among institutions of higher education that will enhance quality and create operational efficiencies and work with institutions of higher education and their governing boards on board development.
  2. The Council shall be composed of individuals selected from the Commonwealth at large without regard to political affiliation but with due consideration of geographical representation. Nonlegislative citizen members shall have demonstrated experience, knowledge, and understanding of higher education and workforce needs. Nonlegislative citizen members shall be selected for their ability and all appointments shall be of such nature as to aid the work of the Council and inspire the highest degree of cooperation and confidence. No officer, employee, trustee, or member of the governing board of any institution of higher education, employee of the Commonwealth, member of the General Assembly, or member of the Board of Education is eligible for appointment to the Council except as specified in this section. All members of the Council are members at large who shall serve the best interests of the whole Commonwealth. No member shall act as the representative of any particular region or of any particular institution of higher education.
  3. The Council shall consist of 13 members: 12 nonlegislative citizen members appointed by the Governor and one ex officio member. At least one nonlegislative citizen member shall have served as a chief executive officer of a public institution of higher education. At least one nonlegislative citizen member shall be a division superintendent or the Superintendent of Public Instruction. The President of the Virginia Economic Development Partnership Authority shall serve ex officio with voting privileges.
  4. All terms shall begin July 1.
  5. Nonlegislative citizen members shall serve for terms of four years. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. No nonlegislative citizen member shall serve for more than two consecutive terms; however, a nonlegislative citizen member appointed to serve an unexpired term is eligible to serve two consecutive four-year terms. No nonlegislative citizen member who has served two consecutive four-year terms is eligible to serve on the Council until at least two years have passed since the end of his second consecutive four-year term. All appointments are subject to confirmation by the General Assembly. Nonlegislative citizen members shall continue to hold office until their successors have been appointed and qualified. Ex officio members shall serve terms coincident with their terms of office.
  6. The Council shall elect a chairman and a vice-chairman from its membership. The Council shall appoint a secretary and such other officers as it deems necessary and prescribe their duties and terms of office.
  7. At each meeting, the Council shall involve the chief executive officer of each public institution of higher education in its agenda. The chief executive officers shall present information and comment on issues of common interest and choose presenters to the Council from among themselves who reflect the diversity of the institutions.
  8. At each meeting, the Council may involve other groups, including the presidents of private institutions of higher education, in its agenda.

History. 1956, c. 311, § 23-9.3; 1964, c. 597; 1970, c. 117; 1972, c. 210; 1974, c. 544; 1980, c. 728; 1991, c. 590; 2013, c. 605; 2016, c. 588; 2017, c. 314; 2018, c. 202.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

Acts 2019, c. 592 provides “§ 1. Virginia Polytechnic Institute and State University and Virginia State University shall jointly develop and report to the State Council of Higher Education for Virginia, the House Committee on Education, and the Senate Committee on Education and Health no later than October 1, 2019, a plan for the establishment of a baccalaureate or other degree program that prepares graduates to be effective career and technical education teachers in order to address persistent teacher shortages in career and technical education subject areas in the Commonwealth.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, deleted “president or” preceding “chief executive officer” in the second sentence of subsection C.

The 2018 amendments.

The 2018 amendment by c. 202 substituted “appointed and qualified” for “appointed and confirmed” in the next-to-last sentence of subsection E.

CASE NOTES

Council’s desegregation plan advisory only. —

Since the legislature vested control over each institution in its board of visitors, and not the Governor or the Council, any plan for the desegregation of all state colleges and universities drawn by the Council would be advisory only. Norris v. State Council of Higher Educ., 327 F. Supp. 1368, 1971 U.S. Dist. LEXIS 13347 (E.D. Va.), aff'd, 404 U.S. 907, 92 S. Ct. 227, 30 L. Ed. 2d 180, 1971 U.S. LEXIS 678 (1971) (decided under prior law).

OPINIONS OF THE ATTORNEY GENERAL

Compensation of members. —

Because this section is silent as to compensation and expense reimbursement for members of the Council, there is no conflict with; the two statutes may be read together in harmony, with the provisions of § 2.2-2813 providing the method and amount of compensation and expense reimbursement. See opinion of Attorney General to The Honorable Stephen H. Martin, Member, Senate of Virginia, 03-032, 2003 Va. AG LEXIS 36 (9/11/03).

§ 23.1-201. Student advisory committee.

  1. The Director of the Council shall appoint a student advisory committee consisting of students enrolled in public institutions of higher education and accredited private institutions of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training. Appointments shall be made in a manner to ensure broad student representation from among such institutions.
  2. Members shall serve for terms of one year. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Members may be reappointed to serve subsequent or consecutive terms.
  3. The Director of the Council shall ensure that at least one member of the student advisory committee is reappointed each year. The student advisory committee shall elect a chairman from among its members.
  4. The student advisory committee shall meet at least twice annually and advise the Director of the Council regarding such matters as may come before it.

History. 2003, c. 710, § 23-9.3:1; 2006, c. 92; 2009, c. 434; 2016, c. 588; 2017, c. 314; 2020, c. 578.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, inserted “institutions of higher education” following “enrolled in public” in subsection A.

The 2020 amendments.

The 2020 amendment by c. 578 inserted “Director of the” preceding “Council” throughout the section.

§ 23.1-202. Employment of director and other personnel.

The Council shall appoint and employ a director who shall be the chief executive officer of the Council and employ such other personnel as may be required to assist it in the exercise of its powers and duties.

History. 1956, c. 311, § 23-9.4; 1974, c. 544; 1997, cc. 803, 888, 891; 2002, cc. 591, 612; 2016, c. 588.

Article 2. Powers and Duties.

§ 23.1-203. (Effective until July 1, 2022) Duties of Council.

The Council shall:

  1. Develop a statewide strategic plan that (i) reflects the goals set forth in subsection A of § 23.1-1002 or (ii) once adopted, reflects the goals and objectives developed pursuant to subdivision B 5 of § 23.1-309 for higher education in the Commonwealth, identifies a coordinated approach to such state and regional goals, and emphasizes the future needs for higher education in the Commonwealth at both the undergraduate and the graduate levels and the mission, programs, facilities, and location of each of the existing institutions of higher education, each public institution’s six-year plan, and such other matters as the Council deems appropriate. The Council shall revise such plan at least once every six years and shall submit such recommendations as are necessary for the implementation of the plan to the Governor and the General Assembly.
  2. Review and approve or disapprove any proposed change in the statement of mission of any public institution of higher education and define the mission of all newly created public institutions of higher education. The Council shall report such approvals, disapprovals, and definitions to the Governor and the General Assembly at least once every six years. No such actions shall become effective until 30 days after adjournment of the session of the General Assembly next following the filing of such a report. Nothing in this subdivision shall be construed to authorize the Council to modify any mission statement adopted by the General Assembly or empower the Council to affect, either directly or indirectly, the selection of faculty or the standards and criteria for admission of any public institution of higher education, whether relating to academic standards, residence, or other criteria. Faculty selection and student admission policies shall remain a function of the individual public institutions of higher education.
  3. Study any proposed escalation of any public institution of higher education to a degree-granting level higher than that level to which it is presently restricted and submit a report and recommendation to the Governor and the General Assembly relating to the proposal. The study shall include the need for and benefits or detriments to be derived from the escalation. No such institution shall implement any such proposed escalation until the Council’s report and recommendation have been submitted to the General Assembly and the General Assembly approves the institution’s proposal.
  4. Review and approve or disapprove all enrollment projections proposed by each public institution of higher education. The Council’s projections shall be organized numerically by level of enrollment and shall be used solely for budgetary, fiscal, and strategic planning purposes. The Council shall develop estimates of the number of degrees to be awarded by each public institution of higher education and include those estimates in its reports of enrollment projections. The student admissions policies for such institutions and their specific programs shall remain the sole responsibility of the individual governing boards but all baccalaureate public institutions of higher education shall adopt dual admissions policies with comprehensive community colleges as required by § 23.1-907 .
  5. Review and approve or disapprove all new undergraduate or graduate academic programs that any public institution of higher education proposes.
  6. Review and require the discontinuance of any undergraduate or graduate academic program that is presently offered by any public institution of higher education when the Council determines that such academic program is (i) nonproductive in terms of the number of degrees granted, the number of students served by the program, the program’s effectiveness, and budgetary considerations or (ii) supported by state funds and unnecessarily duplicative of academic programs offered at other public institutions of higher education. The Council shall make a report to the Governor and the General Assembly with respect to the discontinuance of any such academic program. No such discontinuance shall become effective until 30 days after the adjournment of the session of the General Assembly next following the filing of such report.
  7. Review and approve or disapprove the establishment of any department, school, college, branch, division, or extension of any public institution of higher education that such institution proposes to establish, whether located on or off the main campus of such institution. If any organizational change is determined by the Council to be proposed solely for the purpose of internal management and the institution’s curricular offerings remain constant, the Council shall approve the proposed change. Nothing in this subdivision shall be construed to authorize the Council to disapprove the establishment of any such department, school, college, branch, division, or extension established by the General Assembly.
  8. Review the proposed closure of any academic program in a high demand or critical shortage area, as defined by the Council, by any public institution of higher education and assist in the development of an orderly closure plan, when needed.
  9. Develop a uniform, comprehensive data information system designed to gather all information necessary to the performance of the Council’s duties. The system shall include information on admissions, enrollment, self-identified students with documented disabilities, personnel, programs, financing, space inventory, facilities, and such other areas as the Council deems appropriate. When consistent with the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.), the Virginia Unemployment Compensation Act (§ 60.2-100 et seq.), and applicable federal law, the Council, acting solely or in partnership with the Virginia Department of Education or the Virginia Employment Commission, may contract with private entities to create de-identified student records in which all personally identifiable information has been removed for the purpose of assessing the performance of institutions and specific programs relative to the workforce needs of the Commonwealth.
  10. In cooperation with public institutions of higher education, develop guidelines for the assessment of student achievement. Each such institution shall use an approved program that complies with the guidelines of the Council and is consistent with the institution’s mission and educational objectives in the development of such assessment. The Council shall report each institution’s assessment of student achievement in the revisions to the Commonwealth’s statewide strategic plan for higher education.
  11. In cooperation with the appropriate state financial and accounting officials, develop and establish uniform standards and systems of accounting, recordkeeping, and statistical reporting for public institutions of higher education.
  12. Review biennially and approve or disapprove all changes in the inventory of educational and general space that any public institution of higher education proposes and report such approvals and disapprovals to the Governor and the General Assembly. No such change shall become effective until 30 days after the adjournment of the session of the General Assembly next following the filing of such report.
  13. Visit and study the operations of each public institution of higher education at such times as the Council deems appropriate and conduct such other studies in the field of higher education as the Council deems appropriate or as may be requested by the Governor or the General Assembly.
  14. Provide advisory services to each accredited nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education on academic, administrative, financial, and space utilization matters. The Council may review and advise on joint activities, including contracts for services between public institutions of higher education and such private institutions of higher education or between such private institutions of higher education and any agency or political subdivision of the Commonwealth.
  15. Adopt such policies and regulations as the Council deems necessary to implement its duties established by state law. Each public institution of higher education shall comply with such policies and regulations.
  16. Issue guidelines consistent with the provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), requiring public institutions of higher education to release a student’s academic and disciplinary record to a student’s parent.
  17. Require each institution of higher education formed, chartered, or established in the Commonwealth after July 1, 1980, to ensure the preservation of student transcripts in the event of institutional closure or revocation of approval to operate in the Commonwealth. An institution may ensure the preservation of student transcripts by binding agreement with another institution of higher education with which it is not corporately connected or in such other way as the Council may authorize by regulation. In the event that an institution closes or has its approval to operate in the Commonwealth revoked, the Council, through its director, may take such action as is necessary to secure and preserve the student transcripts until such time as an appropriate institution accepts all or some of the transcripts. Nothing in this subdivision shall be deemed to interfere with the right of a student to his own transcripts or authorize disclosure of student records except as may otherwise be authorized by law.
  18. Require the development and submission of articulation, dual admissions, and guaranteed admissions agreements between associate-degree-granting and baccalaureate public institutions of higher education.
  19. Provide periodic updates of base adequacy funding guidelines adopted by the Joint Subcommittee Studying Higher Education Funding Policies for each public institution of higher education.
  20. Develop, pursuant to the provisions of § 23.1-907 , guidelines for articulation, dual admissions, and guaranteed admissions agreements, including guidelines related to a one-year Uniform Certificate of General Studies Program and a one-semester Passport Program to be offered at each comprehensive community college. The guidelines developed pursuant to this subdivision shall be developed in consultation with all public institutions of higher education in the Commonwealth, the Department of Education, and the Virginia Association of School Superintendents and shall ensure standardization, quality, and transparency in the implementation of the programs and agreements. At the discretion of the Council, private institutions of higher education eligible for tuition assistance grants may also be consulted.
  21. Cooperate with the Board of Education in matters of interest to both public elementary and secondary schools and public institutions of higher education, particularly in connection with coordination of the college admission requirements, coordination of teacher training programs with the public school programs, and the Board of Education’s Six-Year Educational Technology Plan for Virginia. The Council shall encourage public institutions of higher education to design programs that include the skills necessary for the successful implementation of such Plan.
  22. Advise and provide technical assistance to the Brown v. Board of Education Scholarship Committee in the implementation and administration of the Brown v. Board of Education Scholarship Program pursuant to Chapter 34.1 (§ 30-231.01 et seq.) of Title 30.
  23. Insofar as possible, seek the cooperation and utilize the facilities of existing state departments, institutions, and agencies in carrying out its duties.
  24. Serve as the coordinating council for public institutions of higher education.
  25. Serve as the planning and coordinating agency for all postsecondary educational programs for all health professions and occupations and make recommendations, including those relating to financing, for providing adequate and coordinated educational programs to produce an appropriate supply of properly trained personnel. The Council may conduct such studies as it deems appropriate in furtherance of the requirements of this subdivision. All state departments and agencies shall cooperate with the Council in the execution of its responsibilities under this subdivision.
  26. Carry out such duties as the Governor may assign to it in response to agency designations requested by the federal government.
  27. Insofar as practicable, preserve the individuality, traditions, and sense of responsibility of each public institution of higher education in carrying out its duties.
  28. Insofar as practicable, seek the assistance and advice of each public institution of higher education in fulfilling its duties and responsibilities.
  29. Administer the Virginia Longitudinal Data System as a multiagency partnership for the purposes of developing educational, health, social service, and employment outcome data; improving the efficacy of state services; and aiding decision making.

History. 1956, c. 311, §§ 23-9.5, 23-9.8, 23-9.13; 1970, c. 294, § 23-9.10:1; 1974, c. 544, § 23-9.6:1; 1977, cc. 319, 413, 676, § 23-261; 1979, cc. 2, 28, 136, 145, 619; 1980, c. 728; 1985, c. 448; 1989, c. 105; 1991, cc. 454, 590; 1992, c. 103; 1996, c. 215; 1997, c. 827; 1999, cc. 451, 460; 2001, c. 841; 2002, cc. 95, 158, 257; 2003, cc. 715, 725; 2004, cc. 176, 195, 502; 2005, cc. 753, 818, 834, 933, 945, § 23-9.8:1; 2006, c. 379; 2009, cc. 55, 56; 2010, cc. 68, 527; 2011, cc. 828, 869; 2012, c. 142; 2014, c. 628; 2016, c. 588, 775; 2017, cc. 314, 376, 796, 816; 2018, cc. 832, 845; 2020, cc. 1164, 1169.

Editor’s note.

Acts 2016, c. 775 amended former § 23-9.6:1, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 775 has been given effect in this section by adding subdivision 29.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

Acts 2017, cc. 796 and 816, cl. 4 provides: “That the State Council of Higher Education for Virginia and the Virginia Research Investment Committee shall collaborate with the Innovation and Entrepreneurship Investment Authority in updating the current Commonwealth Research and Technology Strategic Roadmap, which shall be submitted prior to January 1, 2018, pursuant to subsection D of § 2.2-2221.2 of the Code of Virginia. The Innovation and Entrepreneurship Investment Authority shall provide interim updates to the Virginia Research Investment Committee regarding its work on the Commonwealth Research and Technology Strategic Roadmap.”

Acts 2018, cc. 832 and 845, cl. 3 provides: “That Richard Bland College shall offer a Uniform Certificate of General Studies Program and Passport Program by the 2020-2021 academic year in accordance with the guidelines developed by the State Council of Higher Education for Virginia pursuant to subdivision 20 of § 23.1-203 of the Code of Virginia, as amended by this act. Baccalaureate public institutions of higher education shall be required to accept the transfer of such credits offered by Richard Bland College in the same manner as if such courses were offered at a comprehensive community college, as required by this act.”

Acts 2020, c. 584, cl. 1 provides: “§ 1. That the State Council of Higher Education for Virginia shall facilitate the development of a statewide coalition of public institutions of higher education in the Commonwealth, by December 1, 2020, to gather and share information on the latest evidence-based methods and approaches to prepare teachers to effectively educate K-12 students in reading, including multisensory structured language education to instruct students with dyslexia. Each public institution’s school of education, education department, or relevant department for the career paths of K-12 reading specialists and teachers may collect such information and collaborate with other public institutions of higher education in the Commonwealth regarding the latest reliable research for reading instruction for all K-12 students, with an emphasis on improving reading instruction to students with dyslexia. Each public institution of higher education may implement information learned through the coalition in the institution’s undergraduate and graduate degree programs in education.”

Acts 2021, Sp. Sess. I, c. 447, cl. 3 provides: “That pursuant to the provisions of subdivision 15 of § 23.1-203 of the Code of Virginia, the State Council of Higher Education for Virginia shall consider updates to § 23.1-1304 of the Code of Virginia and to other provisions of law to address changes being made by public institutions of higher education whose governing boards hold virtual meetings and the institutions’ efforts to improve public transparency through real-time electronic access to such meetings and shall report any recommendations to the governing board of each public institution of higher education and to the General Assembly no later than November 1, 2021.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, inserted “institutions of higher education” following “public” in the second sentence of subdivision 14; and substituted “Board of Education’s Six-Year” for “Board’s Six-Year” in the first sentence in subdivision 21.

The 2017 amendment by c. 376 added subdivision 30.

The 2017 amendments by cc. 796 and 816 are identical, and in subdivision 29, substituted “Develop the Commonwealth Research and Technology Strategic Roadmap pursuant to the provisions of § 23.1-3134 to be submitted to the Virginia Research Investment Committee for approval, and otherwise assist” for “Assist.”

The 2018 amendments.

The 2018 amendments by cc. 832 and 845 are identical, and rewrote subdivision 20.

The 2020 amendments.

The 2020 amendments by cc. 1164 and 1169 are identical, and deleted subdivision 29, which read: “Develop the Commonwealth Research and Technology Strategic Roadmap pursuant to the provisions of § 23.1-3134 to be submitted to the Virginia Research Investment Committee for approval, and otherwise assist the Virginia Research Investment Committee with the administration of the Virginia Research Investment Fund consistent with the provisions of Article 8 (§ 23.1-3130 et seq.) of Chapter 31,” and redesignated former subdivision 30 as subdivision 29.

The 2022 amendments.

The 2022 amendments by cc. 343 and 344 are identical, and added subdivision 30.

CASE NOTES

Single-sex education. —

Virginia failed to show exceedingly persuasive justification for excluding all women from the citizen-soldier training afforded by VMI. Therefore, the United States Supreme Court would affirm the Fourth Circuit’s initial judgment, which held that Virginia had violated the Fourteenth Amendment’s equal protection clause. Because the remedy proffered by Virginia — the Mary Baldwin Virginia Women’s Institute for Leadership (VWIL) program — does not cure the constitutional violation, i.e., it does not provide equal opportunity, the United States Supreme Court would reverse the Fourth Circuit’s final judgment in this case. United States v. Virginia, 518 U.S. 515, 116 S. Ct. 2264, 135 L. Ed. 2d 735, 1996 U.S. LEXIS 4259 (1996) (decided under prior law).

§ 23.1-203. (Effective July 1, 2022) Duties of Council.

The Council shall:

  1. Develop a statewide strategic plan that (i) reflects the goals set forth in subsection A of § 23.1-1002 or (ii) once adopted, reflects the goals and objectives developed pursuant to subdivision B 5 of § 23.1-309 for higher education in the Commonwealth, identifies a coordinated approach to such state and regional goals, and emphasizes the future needs for higher education in the Commonwealth at both the undergraduate and the graduate levels and the mission, programs, facilities, and location of each of the existing institutions of higher education, each public institution’s six-year plan, and such other matters as the Council deems appropriate. The Council shall revise such plan at least once every six years and shall submit such recommendations as are necessary for the implementation of the plan to the Governor and the General Assembly.
  2. Review and approve or disapprove any proposed change in the statement of mission of any public institution of higher education and define the mission of all newly created public institutions of higher education. The Council shall report such approvals, disapprovals, and definitions to the Governor and the General Assembly at least once every six years. No such actions shall become effective until 30 days after adjournment of the session of the General Assembly next following the filing of such a report. Nothing in this subdivision shall be construed to authorize the Council to modify any mission statement adopted by the General Assembly or empower the Council to affect, either directly or indirectly, the selection of faculty or the standards and criteria for admission of any public institution of higher education, whether relating to academic standards, residence, or other criteria. Faculty selection and student admission policies shall remain a function of the individual public institutions of higher education.
  3. Study any proposed escalation of any public institution of higher education to a degree-granting level higher than that level to which it is presently restricted and submit a report and recommendation to the Governor and the General Assembly relating to the proposal. The study shall include the need for and benefits or detriments to be derived from the escalation. No such institution shall implement any such proposed escalation until the Council’s report and recommendation have been submitted to the General Assembly and the General Assembly approves the institution’s proposal.
  4. Review and approve or disapprove all enrollment projections proposed by each public institution of higher education. The Council’s projections shall be organized numerically by level of enrollment and shall be used solely for budgetary, fiscal, and strategic planning purposes. The Council shall develop estimates of the number of degrees to be awarded by each public institution of higher education and include those estimates in its reports of enrollment projections. The student admissions policies for such institutions and their specific programs shall remain the sole responsibility of the individual governing boards but all baccalaureate public institutions of higher education shall adopt dual admissions policies with comprehensive community colleges as required by § 23.1-907 .
  5. Review and approve or disapprove all new undergraduate or graduate academic programs that any public institution of higher education proposes.
  6. Review and require the discontinuance of any undergraduate or graduate academic program that is presently offered by any public institution of higher education when the Council determines that such academic program is (i) nonproductive in terms of the number of degrees granted, the number of students served by the program, the program’s effectiveness, and budgetary considerations or (ii) supported by state funds and unnecessarily duplicative of academic programs offered at other public institutions of higher education. The Council shall make a report to the Governor and the General Assembly with respect to the discontinuance of any such academic program. No such discontinuance shall become effective until 30 days after the adjournment of the session of the General Assembly next following the filing of such report.
  7. Review and approve or disapprove the establishment of any department, school, college, branch, division, or extension of any public institution of higher education that such institution proposes to establish, whether located on or off the main campus of such institution. If any organizational change is determined by the Council to be proposed solely for the purpose of internal management and the institution’s curricular offerings remain constant, the Council shall approve the proposed change. Nothing in this subdivision shall be construed to authorize the Council to disapprove the establishment of any such department, school, college, branch, division, or extension established by the General Assembly.
  8. Review the proposed closure of any academic program in a high demand or critical shortage area, as defined by the Council, by any public institution of higher education and assist in the development of an orderly closure plan, when needed.
  9. Develop a uniform, comprehensive data information system designed to gather all information necessary to the performance of the Council’s duties. The system shall include information on admissions, enrollment, self-identified students with documented disabilities, personnel, programs, financing, space inventory, facilities, and such other areas as the Council deems appropriate. When consistent with the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.), the Virginia Unemployment Compensation Act (§ 60.2-100 et seq.), and applicable federal law, the Council, acting solely or in partnership with the Virginia Department of Education or the Virginia Employment Commission, may contract with private entities to create de-identified student records in which all personally identifiable information has been removed for the purpose of assessing the performance of institutions and specific programs relative to the workforce needs of the Commonwealth.
  10. In cooperation with public institutions of higher education, develop guidelines for the assessment of student achievement. Each such institution shall use an approved program that complies with the guidelines of the Council and is consistent with the institution’s mission and educational objectives in the development of such assessment. The Council shall report each institution’s assessment of student achievement in the revisions to the Commonwealth’s statewide strategic plan for higher education.
  11. In cooperation with the appropriate state financial and accounting officials, develop and establish uniform standards and systems of accounting, recordkeeping, and statistical reporting for public institutions of higher education.
  12. Review biennially and approve or disapprove all changes in the inventory of educational and general space that any public institution of higher education proposes and report such approvals and disapprovals to the Governor and the General Assembly. No such change shall become effective until 30 days after the adjournment of the session of the General Assembly next following the filing of such report.
  13. Visit and study the operations of each public institution of higher education at such times as the Council deems appropriate and conduct such other studies in the field of higher education as the Council deems appropriate or as may be requested by the Governor or the General Assembly.
  14. Provide advisory services to each accredited nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education on academic, administrative, financial, and space utilization matters. The Council may review and advise on joint activities, including contracts for services between public institutions of higher education and such private institutions of higher education or between such private institutions of higher education and any agency or political subdivision of the Commonwealth.
  15. Adopt such policies and regulations as the Council deems necessary to implement its duties established by state law. Each public institution of higher education shall comply with such policies and regulations.
  16. Issue guidelines consistent with the provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), requiring public institutions of higher education to release a student’s academic and disciplinary record to a student’s parent.
  17. Require each institution of higher education formed, chartered, or established in the Commonwealth after July 1, 1980, to ensure the preservation of student transcripts in the event of institutional closure or revocation of approval to operate in the Commonwealth. An institution may ensure the preservation of student transcripts by binding agreement with another institution of higher education with which it is not corporately connected or in such other way as the Council may authorize by regulation. In the event that an institution closes or has its approval to operate in the Commonwealth revoked, the Council, through its director, may take such action as is necessary to secure and preserve the student transcripts until such time as an appropriate institution accepts all or some of the transcripts. Nothing in this subdivision shall be deemed to interfere with the right of a student to his own transcripts or authorize disclosure of student records except as may otherwise be authorized by law.
  18. Require the development and submission of articulation, dual admissions, and guaranteed admissions agreements between associate-degree-granting and baccalaureate public institutions of higher education.
  19. Provide periodic updates of base adequacy funding guidelines adopted by the Joint Subcommittee Studying Higher Education Funding Policies for each public institution of higher education.
  20. Develop, pursuant to the provisions of § 23.1-907 , guidelines for articulation, dual admissions, and guaranteed admissions agreements, including guidelines related to a one-year Uniform Certificate of General Studies Program and a one-semester Passport Program to be offered at each comprehensive community college. The guidelines developed pursuant to this subdivision shall be developed in consultation with all public institutions of higher education in the Commonwealth, the Department of Education, and the Virginia Association of School Superintendents and shall ensure standardization, quality, and transparency in the implementation of the programs and agreements. At the discretion of the Council, private institutions of higher education eligible for tuition assistance grants may also be consulted.
  21. Cooperate with the Board of Education in matters of interest to both public elementary and secondary schools and public institutions of higher education, particularly in connection with coordination of the college admission requirements, coordination of teacher training programs with the public school programs, and the Board of Education’s Six-Year Educational Technology Plan for Virginia. The Council shall encourage public institutions of higher education to design programs that include the skills necessary for the successful implementation of such Plan.
  22. Advise and provide technical assistance to the Brown v. Board of Education Scholarship Committee in the implementation and administration of the Brown v. Board of Education Scholarship Program pursuant to Chapter 34.1 (§ 30-231.01 et seq.) of Title 30.
  23. Insofar as possible, seek the cooperation and utilize the facilities of existing state departments, institutions, and agencies in carrying out its duties.
  24. Serve as the coordinating council for public institutions of higher education.
  25. Serve as the planning and coordinating agency for all postsecondary educational programs for all health professions and occupations and make recommendations, including those relating to financing, for providing adequate and coordinated educational programs to produce an appropriate supply of properly trained personnel. The Council may conduct such studies as it deems appropriate in furtherance of the requirements of this subdivision. All state departments and agencies shall cooperate with the Council in the execution of its responsibilities under this subdivision.
  26. Carry out such duties as the Governor may assign to it in response to agency designations requested by the federal government.
  27. Insofar as practicable, preserve the individuality, traditions, and sense of responsibility of each public institution of higher education in carrying out its duties.
  28. Insofar as practicable, seek the assistance and advice of each public institution of higher education in fulfilling its duties and responsibilities.
  29. Administer the Virginia Longitudinal Data System as a multiagency partnership for the purposes of developing educational, health, social service, and employment outcome data; improving the efficacy of state services; and aiding decision making.
  30. Assist the Department of Education with collecting and compiling information for distribution to high school students that assist such students in making more informed decisions about post-high-school educational and training opportunities pursuant to § 22.1-206.1.

History. 1956, c. 311, §§ 23-9.5, 23-9.8, 23-9.13; 1970, c. 294, § 23-9.10:1; 1974, c. 544, § 23-9.6:1; 1977, cc. 319, 413, 676, § 23-261; 1979, cc. 2, 28, 136, 145, 619; 1980, c. 728; 1985, c. 448; 1989, c. 105; 1991, cc. 454, 590; 1992, c. 103; 1996, c. 215; 1997, c. 827; 1999, cc. 451, 460; 2001, c. 841; 2002, cc. 95, 158, 257; 2003, cc. 715, 725; 2004, cc. 176, 195, 502; 2005, cc. 753, 818, 834, 933, 945, § 23-9.8:1; 2006, c. 379; 2009, cc. 55, 56; 2010, cc. 68, 527; 2011, cc. 828, 869; 2012, c. 142; 2014, c. 628; 2016, c. 588, 775; 2017, cc. 314, 376, 796, 816; 2018, cc. 832, 845; 2020, cc. 1164, 1169; 2022, cc. 343, 344.

§ 23.1-204. Expired.

Cross references.

For current provisions as to postgraduation employment rates, see § 23.1-204.1 .

Editor’s note.

Former § 23.1-204 , pertaining to post-graduation employment rates, derived from 2012, c. 694, § 23-9.2:3.04; 2014, c. 472, § 23-2.4; 2016, c. 588. It expired June 30, 2017, pursuant to Acts 2012, c. 694, cl. 2.

§ 23.1-204.1. Postgraduation employment rates.

  1. The Council shall annually collect and publish on its website data on the proportion of graduates of each public institution of higher education and each nonprofit private institution of higher education eligible to participate in the Tuition Assistance Grant Program (§ 23.1-628 et seq.) who are employed (i) 18 months after the date of graduation and (ii) five years after the date of graduation. The data shall include the program and the program level, as recognized by the Council, for each degree awarded by each institution; the percentage of graduates known to be employed in the Commonwealth, by degree program and level; the average salary, hours worked, as available, occupation or occupation code, as available, and the average higher education-related debt for the graduates on which the data is based, by degree program and level; rates of enrollment in remedial coursework for each institution; individual student credit accumulation for each institution; rates of postsecondary degree completion; and any other information that the Council determines is necessary to address adequate preparation for success in postsecondary education, alignment between secondary and postsecondary education, and alignment between postsecondary education and workforce preparation. The published data shall be consistent with the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) and the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
  2. The Council shall disseminate to each public high school and each public institution of higher education and private institution of higher education for which the Council has student-level data a link on its website to the published data.
  3. The Council shall provide a notification template that each public high school may use to annually notify students and their parents about the availability of such data.
  4. Each public institution of higher education and each nonprofit private institution of higher education eligible to participate in the Tuition Assistance Grant Program (§ 23.1-628 et seq.) shall provide a link on its website to the postsecondary education and employment data published pursuant to subsection A and shall make such link available to each admitted student.

History. 2017, c. 376; 2018, cc. 387, 590.

Editor’s note.

Acts 2018, c. 590, cl. 2 provides: “That the Virginia Department of Motor Vehicles, the Virginia Employment Commission, and the Virginia Department of Taxation shall cooperate with the State Council of Higher Education for Virginia (SCHEV) to determine the feasibility of entering into data-collection and data-sharing agreements, consistent with state and federal law, that would allow SCHEV, through the Virginia Longitudinal Data System, to obtain data from such agencies to assist it in better analyzing the alignment of postsecondary education and workforce in the Commonwealth.”

The 2018 amendments.

The 2018 amendment by c. 387, in subsection A, substituted “collect and publish on its website data” for “publish data on its website” in the first sentence, inserted “by degree and program level” twice in the second sentence and added the third sentence; redesignated the former second and third paragraphs of subsection A as subsections B and C, and redesignated former subsection B as D; transferred the last sentence in subsection C to the end of subsection A; rewrote subsection D, which read “Each such institution of higher education shall provide a link to such published postsecondary education and employment data.”

The 2018 amendment by c. 590, in the second sentence in subsection A, inserted “hours worked, as available, occupation or occupation code, as available,” and added “and alignment between postsecondary education and workforce preparation” at the end, and made related changes.

§ 23.1-205. Authority to carry out federal requirements.

The Council may prepare plans, administer federal programs, and receive and disburse any federal funds in accordance with the responsibilities assigned to it by federal statutes or regulations.

History. 1977, c. 676, § 23-261; 1991, c. 590; 2016, c. 588.

§ 23.1-206. Assessments of the performance of public institutions of higher education.

    1. The Council shall develop and revise as appropriate, in consultation with the respective Chairmen of the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, objective measures of educational-related performance and institutional performance benchmarks for such objective measures for each public institution of higher education. At a minimum, the Council shall develop objective measures and institutional performance benchmarks for the goals and objectives set forth in subsection A of § 23.1-1002 . A. 1. The Council shall develop and revise as appropriate, in consultation with the respective Chairmen of the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, objective measures of educational-related performance and institutional performance benchmarks for such objective measures for each public institution of higher education. At a minimum, the Council shall develop objective measures and institutional performance benchmarks for the goals and objectives set forth in subsection A of § 23.1-1002 .
    2. The Governor shall develop and revise as appropriate objective measures of financial and administrative management performance and related institutional performance benchmarks for the goals and objectives set forth in subdivision A 11 of § 23.1-1002.
  1. The Governor shall include objective measures of financial and administrative management and educational-related performance and related institutional performance benchmarks as described in subsection A in “The Budget Bill” submitted as required by subsection A of § 2.2-1509 or in his proposed gubernatorial amendments to the general appropriation act pursuant to subsection E of § 2.2-1509 .
  2. The Council shall annually assess the degree to which each public institution of higher education has met the financial and administrative management and educational-related performance benchmarks set forth in the current general appropriation act. Such annual assessment shall be based upon the objective measures and institutional performance benchmarks included in the current general appropriation act. The Council shall request assistance from the Secretaries of Finance and Administration who shall provide such assistance for the purpose of assessing whether public institutions of higher education have met the financial and administrative management performance benchmarks.No later than June 1 of every fiscal year, the Council shall provide a certified written report of the results of such annual assessment to the Governor and the respective Chairmen of the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health.Each public institution of higher education that is certified by the Council as having met the financial and administrative management and educational-related performance benchmarks in effect for the fiscal year as set forth in the general appropriation act is entitled to the financial benefits set forth in subsection C of § 23.1-1002 . Such benefits shall first be provided as determined under such subsection.

History. 2005, cc. 933, 945, § 23-9.6:1.01; 2011, cc. 828, 869; 2013, c. 482; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized substitution of “Senate Committees on Finance and Appropriations and on Education and Health” for “Senate Committees on Finance and Education and Health.” March 10, 2021.

§ 23.1-207. Tuition relief and refunds and reinstatement for certain students in the Armed Forces.

  1. The Council shall issue and revise guidelines for tuition relief, refunds, and reinstatement for students whose service in the Armed Forces of the United States or the Commonwealth has required their sudden withdrawal or prolonged absence from their enrollment in a public institution of higher education and shall provide for the required reenrollment of such students by the relevant institution. These guidelines shall be excluded from the provisions of the Administrative Process Act pursuant to § 2.2-4002 .
  2. The Council shall appoint an advisory committee of at least 10 representatives of the public institutions of higher education to assist in the development and subsequent revision of such guidelines. The Council shall consult with the Office of the Attorney General and provide opportunity for public comment prior to issuing such guidelines or revisions.
  3. Such guidelines shall include procedures for the required reenrollment of students whose service in the Armed Forces of the United States or the Commonwealth precluded their completion of a semester or equivalent term and policies for the required reenrollment of such students in such armed forces.

History. 1991, c. 80, § 23-9.6:2; 2004, c. 740; 2011, c. 27; 2016, c. 588.

§ 23.1-208. Budget requests and recommendations.

  1. The Council shall develop policies, formulae, and guidelines for the fair and equitable distribution and use of public funds among the public institutions of higher education, taking into account enrollment projections and recognizing differences and similarities in institutional missions. Such policies, formulae, and guidelines shall include provisions for operating expenses and capital outlay programs and shall be utilized by all public institutions of higher education in preparing requests for appropriations. The Council shall consult with the Department of Planning and Budget in the development of such policies, formulae, and guidelines to ensure that they are consistent with the requirements of the Department of Planning and Budget.
  2. Not less than 30 days prior to submitting its biennial budget request to the Governor, the governing board of each public institution of higher education shall transmit to the Council such selected budgetary information relating to its budget request for maintenance and operation and for capital outlay as the Council shall reasonably require. The Council shall analyze such information in light of the Council’s plans, policies, formulae, and guidelines and shall submit to the Governor recommendations for approval or modification of each institution’s request together with a rationale for each such recommendation. The Council shall make available to the General Assembly its analyses and recommendations concerning institutional budget requests.
  3. Nothing in this section shall prevent any institution of higher education from appearing through its representatives or otherwise before the Governor, the Governor’s advisory committee on the budget, the General Assembly, or any committee of the General Assembly at any time.
  4. Funds for any consortium created by The College of William and Mary in Virginia, Old Dominion University, the University of Virginia, and Virginia Polytechnic Institute and State University for the purpose of promoting graduate marine science education may be included in the budget request of and the appropriations to the Council.

History. 1956, c. 311, § 23-9.9; 1974, c. 544; 1979, c. 294, § 23-9.9:1; 1991, c. 590; 2016, c. 588.

§ 23.1-209. Reports of expenditures of state funds.

The governing board of each public institution of higher education shall provide the Council annual data indicating the apportionment and amounts of expenditures that the relevant institution expends by category, including academic costs, administration, research, and public service, as defined by the Council. The Council shall compile and submit a report of such data annually to the Governor and the General Assembly.

History. 2003, c. 184, § 23-9.9:01; 2007, c. 630; 2012, cc. 803, 835; 2016, c. 588.

§ 23.1-210. Advisory services to accredited nonprofit private institutions of higher education; Private College Advisory Board.

  1. The Council shall provide advisory services to accredited nonprofit private institutions of higher education on academic and administrative matters. The Council may review and advise on joint activities, including contracts for services, between nonprofit private institutions of higher education and public institutions of higher education and between nonprofit private institutions of higher education and any agency or political subdivision of the Commonwealth. The Council may collect and analyze such data as may be pertinent to such activities.
  2. The Council shall seek the advice of the Private College Advisory Board, and the Advisory Board shall assist the Council in the performance of its duties as required by subsection A. The Private College Advisory Board shall be composed of representatives of nonprofit private institutions of higher education and such other members as the Council may select and shall be broadly representative of nonprofit private institutions of higher education.
  3. The Private College Advisory Board shall meet at least once each year.

History. 1974, c. 40, § 23-9.10:2; 1980, c. 728; 1985, c. 448; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, inserted the first occurrence of “institutions of higher education” in the second sentence of subsection A.

§ 23.1-211. Distance learning reciprocity agreements; participation; Distance Learning Reciprocity Advisory Council.

  1. The Council may enter into interstate reciprocity agreements that authorize accredited associate-degree-granting and baccalaureate (i) public institutions of higher education and (ii) private institutions of higher education to offer postsecondary distance education. The Council shall administer such agreements and shall approve or disapprove participation in such agreements by accredited associate-degree-granting and baccalaureate (a) public institutions of higher education and (b) private institutions of higher education. Participation in the agreements is voluntary.
  2. The Council shall establish the Distance Learning Reciprocity Advisory Council, which shall include representatives from each institution that offers postsecondary distance education pursuant to an interstate reciprocity agreement as set forth in subsection A. The Advisory Council shall advise the Council on the development of policies governing the terms of participation by eligible institutions, including the establishment of fees to be paid by participating institutions to cover direct and indirect administrative costs incurred by the Council.

History. 2014, c. 323, § 23-9.14:3; 2016, c. 588.

§ 23.1-212. Effect upon powers of governing boards of public institutions of higher education; endowment funds.

  1. The powers of the governing boards of public institutions of higher education over the affairs of such institutions are not impaired by the provisions of this chapter except to the extent that powers and duties are specifically conferred upon the Council in this chapter.
  2. The Council shall have no authority over the solicitation, investment, or expenditure of endowment funds now held or in the future received by any public institution of higher education.

History. 1956, c. 311, § 23-9.14; 1974, c. 544; 2016, c. 588.

CASE NOTES

In-state tuition properly denied. —

State Council of Higher Education for Virginia (SCHEV) guidelines provided no support for a student’s assertion that a university’s decision to deny her in-state tuition was arbitrary, capricious, or otherwise contrary to law; SCHEV policy is not a statute or an administrative regulation and, thus, does not have the force of law. George Mason Univ. v. Malik, 296 Va. 289 , 819 S.E.2d 420, 2018 Va. LEXIS 138 (2018).

Article 3. Regulation of Certain Private and Out-of-State Institutions of Higher Education.

§ 23.1-213. Definitions.

As used in this article, unless the context requires a different meaning:

“Academic-vocational non-college degree school” means a non-college degree school that offers degree and nondegree credit courses.

“Agent” means a person who is employed by any institution of higher education or non-college degree school, whether such institution or school is located within or outside the Commonwealth, to act as an agent, solicitor, procurer, broker, or independent contractor to procure students or enrollees for any such institution or school by solicitation in any form at any place in the Commonwealth other than the office or principal location of such institution or school.

“Certificate” means an award that is given by (i) institutions of higher education and academic-vocational non-college degree schools for successful completion of a curriculum consisting of courses that may also be taken for degree credit or (ii) vocational non-college degree schools for successful completion of a curriculum. “Certificate” includes a diploma.

“College” means any associate-degree-granting institution of higher education or institution of higher education at which a bachelor’s degree is the most advanced degree that is granted.

“Continuing or professional education” means those classes, courses, and programs designed specifically for individuals who have completed a degree in a professional field that (i) are intended to fulfill the continuing education requirements for licensure or certification in such professional field, (ii) have been approved by a legislatively or judicially established board or agency responsible for regulating the practice of the profession, and (iii) are offered exclusively to an individual practicing in such professional field.

“Degree” means any earned award at the associate, baccalaureate, graduate, first professional, or specialist levels that represents satisfactory completion of the requirements of a program or course of study or instruction beyond the secondary school level.

“Degree credit” means any earned credits awarded for successful completion of the requirements of a course of study or instruction beyond the secondary school level that may be used toward completion of a certificate or degree.

“Distance learning” or “distance learning modality” means any course offered by a postsecondary school for which the primary mode of instructional delivery is by television, videocassette or disc, film, radio, computer, or other telecommunications devices.

“Fraudulent academic credential” means a certificate, academic transcript, or other document issued by a person or other entity that is not an institution of higher education that provides evidence of or demonstrates completion of coursework or academic credit that results in the issuance of a degree.

“Institution of higher education” or “institution” means any person or other entity, other than a public institution of higher education or any other entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.), that has received approval from the Council to (i) use the term “college” or “university,” or words of like meaning, in its name or in any manner in connection with its academic affairs or business; (ii) enroll students; and (iii) offer approved courses for degree credit or programs of study leading to a degree or offer degrees either at a site or via a distance learning modality.

“Multistate compact” means any agreement involving two or more states to jointly offer postsecondary educational opportunities pursuant to policies and procedures established in such agreement and approved by the Council.

“Non-college degree school” means any person or other entity that offers courses or programs of study that do not lead to a degree. “Non-college degree school” includes academic-vocational non-college degree schools and vocational non-college degree schools.

“Nondegree credit” means any earned credits awarded for successful completion of the requirements of a course of study or instruction beyond the secondary school level that may be used toward completion of a certificate but may not be used to earn a degree.

“Out-of-state” means formed, chartered, established, or incorporated outside of the Commonwealth.

“Postsecondary school” means any institution of higher education or non-college degree school offering formal instructional programs with a curriculum designed primarily for students who have completed the requirements for a high school diploma or its equivalent. “Postsecondary school” includes programs of academic, vocational, and continuing professional education, except courses or programs of continuing professional education set forth in subdivision B 4 of § 23.1-226 . “Postsecondary school” does not include avocational and adult basic education programs.

“Program” means a curriculum or course of study in a discipline or interdisciplinary area that leads to a degree or certificate.

“Program area” means a general group of disciplines in which one or more programs may be offered.

“Proprietary” means privately owned, privately managed, and corporately structured as a for-profit entity.

“Site” means a location in the Commonwealth where a postsecondary school (i) offers at least one course on an established schedule and (ii) enrolls at least two individuals who are not members of the same household, regardless of the presence or absence of administrative capability at such location.

“Teachout plan” means a written agreement between or among postsecondary schools that provides for the equitable treatment of students if one party to the agreement ceases to offer an educational program before all students enrolled in that program complete the program.

“University” means any baccalaureate institution of higher education.

“Vocational non-college degree school” means a non-college degree school that offers only courses for nondegree credit. “Vocational non-college degree school” does not include instructional programs that are intended solely for recreation, enjoyment, or personal interest or as a hobby or courses or instructional programs that prepare individuals to teach such pursuits.

History. Code 1950, § 23-265; 1980, c. 658; 1996, cc. 691, 832; 1999, cc. 458, 499; 2002, c. 178, § 23-276.1; 2004, cc. 671, 991; 2005, c. 447; 2007, cc. 82, 115; 2008, c. 856; 2010, cc. 67, 263; 2013, c. 229; 2016, c. 588; 2020, c. 380.

Editor’s note.

Acts 2020, c. 380, cl. 2 provides: “That the provisions of this act shall become effective on July 1, 2022.”

The 2020 amendments.

The 2020 amendment by c. 380, effective July 1, 2022, added the definition for “Distance learning”; and in the definition for “Institution of higher education,” substituted “a distance learning modality” for “telecommunications equipment located in the Commonwealth.”

§ 23.1-214. Certified mail; subsequent mail or notices may be sent by regular mail.

Whenever the Council is required to send any mail or notice by certified mail pursuant to this article and such mail or notice is sent certified mail, return receipt requested, the Council may send any subsequent, identical mail or notice by regular mail.

History. 2011, c. 566, § 23-276.1:1; 2016, c. 588.

§ 23.1-215. Authority of the Council; regulations; standards for postsecondary schools; delegation of authority to director.

  1. The Council shall adopt, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), such regulations as may be necessary to implement the provisions of this article, including (i) procedures by which a postsecondary school may apply for Council approval to confer degrees in the Commonwealth; (ii) measures designed to ensure that all postsecondary schools that are subject to the provisions of this article meet the minimal standards established pursuant to subsection B; (iii) protections for students pursuing postsecondary education opportunities in postsecondary schools subject to the provisions of this article; and (iv) information to assist persons who rely on postsecondary degrees or certificates to judge the competence of individuals in receipt of such degrees or certificates.
  2. The Council shall establish minimal standards for postsecondary schools that include standards for faculty preparation and experience, educational programs, physical plants, additional locations, finances, guaranty instruments, advertising and publications, maintenance of student records, personnel qualifications, student services, the method for collecting and refunding tuition and fees, library resources and services, organization and administration, changes of ownership or control, procedures for student admission and graduation, agent or solicitor requirements, consistency of a postsecondary school’s stated purpose with the proposed offerings, reporting requirements, and any other relevant standards or requirements adopted by an accrediting agency recognized by the U.S. Department of Education.
  3. The Council shall prescribe the manner, conditions, and language to be used by a postsecondary school or agent of such school to disclose or advertise that the postsecondary school has received certification from the Council to offer postsecondary programs in the Commonwealth.
  4. The Council may establish separate certification criteria for various postsecondary school classifications.
  5. The Council may grant to its director the authority to take specific actions on its behalf in furtherance of the provisions of this article.

History. Code 1950, § 23-268; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, § 23-276.3; 2004, c. 991; 2005, c. 447; 2016, c. 588.

§ 23.1-216. Career College Advisory Board established.

  1. The Council shall establish and seek the advice of the Career College Advisory Board, which shall assist the Council in the performance of its duties and provide advisory services in academic and administrative matters relating to proprietary private postsecondary schools, excluding vocational non-college degree schools. The Career College Advisory Board shall be composed of college and university representatives and such other members as the Council may select and shall be broadly representative of proprietary private postsecondary schools, excluding vocational non-college degree schools.
  2. The Career College Advisory Board shall meet at least twice each year and advise the Council and proprietary private postsecondary schools, excluding vocational non-college degree schools, regarding such matters as may come before the Career College Advisory Board. The Council may employ such qualified personnel as may be required to assist the Career College Advisory Board in the performance of its duties.

History. 2004, c. 991, § 23-276.13; 2016, c. 588.

§ 23.1-217. Certification required.

  1. No person shall open, operate, or conduct any postsecondary school in the Commonwealth without certification to operate such postsecondary school issued by the Council. The Council shall certify those postsecondary schools in compliance with Council regulations issued pursuant to this article.
  2. Postsecondary schools shall seek such certification from the Council immediately after receipt of a valid business license issued by the relevant official of the locality in which it seeks to operate.

History. 2004, c. 991, § 23-276.14; 2016, c. 588.

§ 23.1-218. List of postsecondary schools holding valid certification.

  1. The Council shall maintain a list of postsecondary schools holding valid certification under the provisions of this article and shall make such list available to the public.
  2. Upon confirmation of any notification or discovery of any postsecondary school operating without its certification or approval, the Council shall notify in writing the relevant local Commissioner of the Revenue or other official serving such equivalent functions of the postsecondary school’s violation of such certification or approval requirement and shall recommend revocation of the postsecondary school’s business license.

History. 2004, c. 991, § 23-276.15; 2016, c. 588.

§ 23.1-219. Council certification; requirements and prohibitions.

  1. Without obtaining the certification of the Council or a determination that the activity or program is exempt from such certification requirements, no postsecondary school subject to the provisions of this article shall:
    1. Use the term “college” or “university” or abbreviations or words of similar meaning in its name or in any manner in connection with its academic affairs or business;
    2. Enroll students;
    3. Offer degrees, courses for degree credit, programs of study leading to a degree, or courses for nondegree credit, either at a site or via a distance learning modality; or
    4. Initiate other programs for degree credit or award degrees or certificates at a new or additional level.
  2. All institutions of higher education and academic-vocational non-college degree schools subject to the provisions of this article shall be fully accredited by an accrediting agency recognized by the U.S. Department of Education.
  3. All out-of-state academic-vocational non-college degree schools subject to the provisions of this article shall disclose their accreditation status in all written materials advertising or describing such school that are distributed to prospective or enrolled students or the general public.
  4. No postsecondary school shall be required to obtain another certification from the Council to operate in the Commonwealth if it (i) was formed, chartered, or established in the Commonwealth or chartered by an Act of Congress; (ii) has maintained its main campus continuously in the Commonwealth for at least 20 calendar years under its current ownership; (iii) was continuously approved or authorized to confer or grant academic or professional degrees by the Council, the Board of Education, or an act of the General Assembly during those 20 years; and (iv) is fully accredited by an accrediting agency that is recognized by and has met the criteria for Title IV eligibility of the U.S. Department of Education. If the Council revokes an institution’s authorization to confer or grant academic or professional degrees, the institution is required to seek recertification annually until it meets the criteria of this subsection.
  5. In addition to such other requirements as are established in this article or the regulations of the Council, any out-of-state institution of higher education or academic-vocational non-college degree school shall provide verification that:
    1. The institution or school is fully accredited by an accrediting agency recognized by the U.S. Department of Education;
    2. All courses, degrees, or certificates offered at any site are also offered at an out-of-state campus of the institution or school;
    3. All credits earned at any site are transferable to an out-of-state campus of the institution or school; and
    4. The institution or school has complied with the requirements of either Article 17 (§ 13.1-757 et seq.) of Chapter 9 of Title 13.1 or Article 14 (§ 13.1-919 et seq.) of Chapter 10 of Title 13.1.
  6. Any degree-granting postsecondary school providing distance learning to residents of the Commonwealth from a location outside of the Commonwealth shall be certified to operate in the Commonwealth or shall be a participant in a reciprocity agreement to which the Commonwealth belongs, in accordance with Council’s authority pursuant to § 23.1-211 , for the purpose of consumer protection.
  7. Any postsecondary school that seeks to conduct distance learning activities from a site shall apply for Council approval to conduct such activity and shall comply with this article and the Council’s regulations in the same manner as any other postsecondary school subject to this article.

History. Code 1950, § 23-267; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, § 23-276.4; 2004, c. 991; 2005, c. 447; 2006, c. 814; 2014, c. 629; 2016, c. 588; 2020, c. 380.

Editor’s note.

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 152 B, effective for the biennium ending June 30, 2022, provides: “In discharging the responsibilities specified in § 23.1-219 , Code of Virginia, the State Council of Higher Education for Virginia shall provide exemptions to individual proprietorships, associations, co-partnerships or corporations which are now or in the future will be using the words ‘college’ or ‘university’ in their training programs solely for their employees or customers, which do not offer degree-granting programs, and whose name includes the word ‘college’ or ‘university’ in a context from which it clearly appears that such entity is not an educational institution.”

Acts 2020, c. 380, cl. 2 provides: “That the provisions of this act shall become effective on July 1, 2022.”

The 2020 amendments.

The 2020 amendment by c. 380, effective July 1, 2022, in subdivision A 3, substituted “a distance learning modality” for “telecommunications equipment located in the Commonwealth”; inserted subsection F and redesignated former subsection F as subsection G; and in subsection G, substituted “distance learning” for “telecommunications.”

§ 23.1-220. Approval procedures.

  1. Prior to Council approval for a postsecondary school to use the term “college” or “university” or abbreviations or words of similar meaning in its name or in any manner in connection with its academic affairs or business, offer courses or programs for degree credit, enroll students in any courses or programs, or confer or award degrees, each postsecondary school shall be evaluated by the Council in accordance with the regulations adopted pursuant to § 23.1-215 .
  2. Upon finding that the applicant has fully complied with the regulations adopted pursuant to § 23.1-215 , the Council shall approve the application.
  3. The Council may defer a decision on an application upon determining that additional information is needed.
  4. The Council shall not take into account duplication of effort by public institutions of higher education and private institutions of higher education or other questions of need when considering an application.

History. Code 1950, § 23-269; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, § 23-276.5; 2003, c. 461; 2004, c. 991; 2005, c. 447; 2016, c. 588.

§ 23.1-221. Refusal, suspension, and revocation of approval or certification.

  1. The Council may refuse to grant a certification, may revoke or suspend a prior approval or certification, including any approval or authorization issued prior to July 1, 1980, and may add conditions to any approval or certification on such grounds as may be provided in its regulations or if the postsecondary school:
    1. Submits or has submitted any false or misleading information to the Council in connection with its approval;
    2. Fails to meet or to maintain compliance with the Council’s regulations at any of its locations;
    3. Publicly makes or causes to be made any false or misleading representation that it has complied with any requirement of this article or the Council’s regulations;
    4. Violates any provision of this article or the Council’s regulations; or
    5. Fails or refuses to furnish the Council with any requested information or records required by this article or the Council’s regulations.
  2. The Council may refuse to grant an approval or may place conditions on an approval for a request to use a name that incorporates terms deemed by the Council to be misleading to consumers, students, or the general public regarding the postsecondary school’s affiliation or association with any public institution of higher education but shall not add conditions to, revoke, or suspend a prior approval of a name. The Council shall, by regulation, designate the terms deemed to be misleading, which shall include “public university,” “public college,” and “community college.”
  3. The Council shall notify a postsecondary school by certified mail, return receipt requested, of its intention to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification and state in writing the reasons for the denial, suspension, revocation, or conditions. The postsecondary school may, within 10 days of receipt of the certified mail notice, submit a written request for a proceeding before the Council pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2.
  4. The Council may issue orders to comply with its regulations or the provisions of this article; unless an emergency exists, such orders shall only be issued after a proceeding pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2.
  5. In accordance with Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2, any postsecondary school aggrieved by (i) a decision of the Council to deny an application, suspend or revoke a prior approval or certification, or add conditions to an approval or certification or (ii) any order to comply with this article or the Council’s regulations may appeal such decision. The Council shall make a final administrative decision on such appeal in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).
  6. In order to regain approval, a postsecondary school that has had its approval or certification revoked or suspended by the Council shall file a new application for certification and provide clear and convincing evidence that the conditions resulting in the suspension or revocation have been remedied and the postsecondary school is in compliance with this article and the Council’s regulations.

History. Code 1950, § 23-271; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, § 23-276.6; 2003, c. 461; 2004, c. 991; 2005, c. 447; 2016, c. 588.

§ 23.1-222. Emergency actions.

  1. The Council may, by regulation, authorize its director to take immediate action on its behalf in any instance in which a postsecondary school holding certification to operate in the Commonwealth is the subject of an adverse action by the U.S. Department of Education or the postsecondary school’s accrediting agency. When such adverse action threatens a disruption of the operation of the postsecondary school and exposes students to a loss of course or degree credit or financial loss, the director may:
    1. Suspend new enrollment in specified programs or degree levels or all programs and degree levels that have been approved by the Council;
    2. Require the postsecondary school to provide a guaranty instrument in the amount necessary to cover the refund of unearned tuition to all students enrolled at the time of the action; or
    3. Take such other actions as may be necessary to protect the rights of currently enrolled or future students.
  2. At its next regularly scheduled meeting, the Council shall either ratify the director’s action or take such other actions as it deems necessary.

History. 2002, c. 178, § 23-276.7; 2005, c. 447; 2016, c. 588.

§ 23.1-223. Preservation of students’ records.

  1. In the event of school closure or revocation of its approval or certification, the postsecondary school shall (i) make arrangements for the transfer of the academic and financial records of all students to the Council within 30 days of the closure or (ii) with the approval of the Council, ensure preservation of the academic and financial records of all students by entering into an agreement with another postsecondary school. An out-of-state postsecondary school that is public or corporately held may retain records at the postsecondary school’s location outside of the Commonwealth but shall provide the Council with the contact information needed for each student to obtain copies of his academic and financial records.
  2. This section shall not be deemed to interfere with students’ rights to have access to and obtain copies of their own records or to authorize disclosure of student records except in compliance with applicable state and federal law, including the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g).

History. 2002, c. 178, § 23-276.8; 2005, c. 447; 2013, c. 229; 2016, c. 588.

§ 23.1-224. Fees.

The Council may establish nonrefundable fees for services and methods for collecting such fees.

History. 2002, c. 178, § 23-276.9; 2016, c. 588.

§ 23.1-225. Prohibited acts.

  1. Without prior Council approval, no person or other entity subject to the provisions of this article shall use in any manner within the Commonwealth the term “college” or “university” or abbreviations or words of similar meaning in its name, in connection with its academic affairs or business, or in any literature, catalog, pamphlet, or descriptive material.This subsection shall not apply to any person or other entity that (i) used the term “college” or “university” openly and conspicuously in its title within the Commonwealth prior to July 1, 1970; (ii) was granted authority to operate in the Commonwealth by the Council between July 1, 1970, and July 1, 2002, and maintains valid authority to so operate in the Commonwealth on or after July 1, 2002; (iii) was exempted from the provisions of former Chapter 21 (§ 23-265 et seq.) of Title 23, as such law was in effect prior to July 1, 2002; or (iv) was authorized by the Council to use a name while its request for approval to enroll students is pending before the Council.
  2. No person or other entity shall sell, barter, or exchange for any consideration, or attempt to sell, barter, or exchange for any consideration, any degree credit, degree, or certificate.
  3. No person or other entity shall:
    1. Use or attempt to use, in connection with any business, trade, profession, or occupation, any degree credit, degree, or certificate, including any transcript of coursework that it knows or has reason to know has been fraudulently issued, obtained, forged, materially altered, or purchased;
    2. Issue or manufacture a fraudulent academic credential;
    3. Physically present a fraudulent academic credential, knowing it is fraudulent, in an attempt to obtain employment, promotion, licensure, or admission to an institution of higher education;
    4. In any way represent that it is an institution of higher education that is accredited by an accrediting agency recognized by the U.S. Department of Education or has the foreign equivalent of such accreditation if the person or entity is not so accredited; or
    5. Represent that credits earned at or granted by any institution of higher education or academic-vocational non-college degree school may be applied for credit toward a degree unless such person is exempted from the provisions of this article or granted certification or approval by the Council in accordance with this article and the Council’s regulations.

History. Code 1950, § 23-272; 1980, c. 658; 2002, c. 178, § 23-276.10; 2004, c. 991; 2008, c. 856; 2016, c. 588.

§ 23.1-226. Exemptions.

  1. The provisions of this article shall not apply to any public institution of higher education as that term is defined in § 23.1-100 or any entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.).
  2. The following activities or programs offered by postsecondary schools that are otherwise subject to this article are exempt from its provisions:
    1. The awarding of any honorary degree conferred that clearly states on its face that it is honorary in nature and is regarded as (i) commemorative in recognition of an individual’s contributions to society and (ii) not representative of the satisfactory completion of any or all of the requirements of a program or course of study;
    2. A nursing education program or curriculum regulated by the Board of Nursing;
    3. A professional or occupational training program subject to the approval of (i) a regulatory board pursuant to Title 54.1 or (ii) another state or federal governmental agency;
    4. Any course or program of instruction provided or approved by any professional body, fraternal organization, civic club, or benevolent order for which the principal purpose is continuing or professional education or a similar purpose and for which no degree credit is awarded;
    5. Any course or program offered through approved multistate compacts, including the Southern Regional Education Board’s Electronic Campus;
    6. Any course offered and delivered by a postsecondary school solely on a contractual basis for which no individual is charged tuition and there is no advertising for open enrollment;
    7. Any school, institute, or course of instruction offered by any trade association or any nonprofit affiliate of a trade association on subjects relating to the trade, business, or profession represented by such association;
    8. Any public or private high school accredited or recognized by the Board of Education that has offered or may offer one or more courses as provided in this article, if the school collects any tuition, fees, or charges as permitted by Title 22.1 in the case of a public school or pursuant to regulations prescribed by the relevant governing body in the case of a private school; or
    9. Tutorial instruction delivered and designed to (i) supplement regular classes for students enrolled in any public or private school, (ii) prepare an individual for an examination for professional practice or higher education, or (iii) prepare an individual for an examination to demonstrate proficiency or to maintain proficiency in an occupational field.
  3. The Council shall exempt from the provisions of this article any postsecondary school whose primary purpose is to provide religious or theological education. Postsecondary schools shall apply for exemptions to confer certificates or degrees relating to religion and theology. Exemptions may be granted for a maximum of five years, unless the postsecondary school has been granted a standing exemption prior to July 1, 2002. Each postsecondary school seeking such an exemption or continuation of such an exemption shall file such information as may be required by the Council. If the Council does not grant a postsecondary school an exemption, the postsecondary school shall be notified in writing with the reasons for the exemption denial. The affected postsecondary school has the right to appeal the Council’s decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in each instance, determine the applicability of the exemption as provided in this section.
  4. Notwithstanding the exemptions provided in this section, exempted postsecondary schools are subject to the provisions of subsection B of § 23.1-221 and a postsecondary school may seek Council approval for an otherwise exempt activity or program.

History. Code 1950, § 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832; 1999, cc. 458, 499; 2002, c. 178, § 23-276.2; 2003, c. 461; 2004, cc. 671, 991; 2005, c. 447; 2016, c. 588; 2019, c. 599.

The 2019 amendments.

The 2019 amendment by c. 599 inserted the designations for clauses (i) and (ii), added clause (iii) and made related changes in subdivision B 9.

§ 23.1-227. Laws of the Commonwealth to apply to contracts.

The laws of the Commonwealth shall govern any agreement, contract, or instrument of indebtedness executed between a postsecondary school and any person who enrolls in any course or program offered or to be offered by such school in the Commonwealth or any person who is employed or offered employment by such school in the Commonwealth.

History. Code 1950, § 23-276; 1980, c. 658; 2002, c. 178, § 23-276.11; 2004, c. 991; 2005, c. 447; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “who enrolls” for “enrolling” and inserted “who is” preceding “employed or offered employment.”

§ 23.1-228. Violations; penalties; remedies.

  1. Violations of this article or the Council’s implementing regulations are punishable as a Class 1 misdemeanor. Each degree, certificate, program, academic transcript, or course of study offered, conferred, or used in violation of this article or the Council’s regulations shall constitute a separate offense.
  2. If no criminal prosecution is instituted against such postsecondary school pursuant to subsection A, the Council may recover a civil penalty of at least $200 but not more than $1,000 per separate offense set forth in subsection A. In no event shall the civil penalties against any one person, corporation, or other entity exceed $25,000 per year.
  3. The Council may institute a proceeding in equity to enjoin any violation of this article or its implementing regulations and upon substantially prevailing on the merits of the case and unless special circumstances would render such an award unjust, the Council is entitled to an award of reasonable attorney fees and costs in any such action.

History. Code 1950, § 23-273; 1980, c. 658; 2002, c. 178, § 23-276.12; 2006, c. 48; 2008, c. 856; 2016, c. 588.

§ 23.1-229. Postsecondary school closure procedures.

  1. Each postsecondary school shall notify the Council of its intention to close at least 30 days prior to the closure. The notice shall be accompanied by a comprehensive plan for closure and a teachout plan that makes provision for presently enrolled students to complete the program of instruction for which they have enrolled, either at such postsecondary school or at another postsecondary school certified by the Council or authorized to operate in the Commonwealth. Each closing postsecondary school shall obtain the Council’s approval of the teachout plan prior to implementation.
  2. Each closing postsecondary school shall notify the Council, in writing, if there is no comparable program for the purposes of developing a teachout plan within 50 miles of the closing postsecondary school or if the closing postsecondary school is unable to enter a teachout agreement with another postsecondary school. This information shall be provided at the time the closing postsecondary school notifies the Council of its intention to close.
  3. Owners or senior administrators of a postsecondary school that closes without providing (i) an adequate teachout plan or refunds of unearned tuition and (ii) appropriate preservation of records shall be denied certification to operate another postsecondary school in the Commonwealth.

History. 2013, c. 229, § 23-276.16; 2016, c. 588.

§ 23.1-230. Enrollment agreements required.

  1. No postsecondary school that is required to be certified by the Council shall enroll students without entering into an enrollment agreement with each student. Such enrollment agreement shall be signed by the student and an authorized representative of the school and shall contain all disclosures prescribed by the Council.
  2. No postsecondary school that is required to be certified by the Council shall condition the enrollment of a student on:
    1. Entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or
    2. Entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions.

History. 2017, c. 298; 2020, c. 1135.

Editor’s note.

Acts 2020, c. 1135, cl. 2 provides: “That nothing in the provisions of this act shall be construed to affect any agreement between a postsecondary school that is required to be certified by the State Council of Higher Education for Virginia pursuant to Article 3 ( § 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia and a student enrolled at such school to arbitrate an existing dispute that is entered into after the dispute arises.”

The 2020 amendments.

The 2020 amendment by c. 1135 added subsection B.

Article 4. Office of the Qualified Education Loan Ombudsman.

§ 23.1-231. Definitions.

As used in this article, unless the context requires a different meaning:

“Qualified education loan” means any qualified education loan obtained specifically to finance education or other school-related expenses. “Qualified education loan” does not include credit card debt, home equity loan, or revolving debt.

“Qualified education loan borrower” means (i) any current resident of the Commonwealth who has received or agreed to pay a qualified education loan or (ii) any person who shares responsibility with such resident for repaying the qualified education loan.

“Qualified education loan servicer” or “loan servicer” means any person, wherever located, responsible for the servicing of any qualified education loan to any qualified education loan borrower.

“Servicing” means (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan.

History. 2018, cc. 489, 755.

§ 23.1-232. Office of the Qualified Education Loan Ombudsman established; duties.

  1. The Council shall create within the agency the Office of the Qualified Education Loan Ombudsman. The Office of the Qualified Education Loan Ombudsman shall provide timely assistance to any qualified education loan borrower of any qualified education loan in the Commonwealth. All state agencies shall assist and cooperate with the Office of the Qualified Education Loan Ombudsman in the performance of its duties under this article.
  2. The Office of the Qualified Education Loan Ombudsman shall:
    1. Receive, review, and attempt to resolve any complaints from qualified education loan borrowers, including attempts to resolve such complaints in collaboration with institutions of higher education, qualified education loan servicers, and any other participants in qualified education loan lending;
    2. Compile and analyze data on qualified education loan borrower complaints as described in subdivision 1;
    3. Assist qualified education loan borrowers to understand their rights and responsibilities under the terms of qualified education loans;
    4. Provide information to the public, state agencies, legislators, and other persons regarding the problems and concerns of qualified education loan borrowers and make recommendations for resolving those problems and concerns;
    5. Analyze and monitor the development and implementation of federal and state laws and policies relating to qualified education loan borrowers and recommend any changes the Office of the Qualified Education Loan Ombudsman deems necessary;
    6. Review the complete qualified education loan history of any qualified education loan borrower who has provided written consent for such review;
    7. Disseminate information concerning the availability of the Office of the Qualified Education Loan Ombudsman to assist qualified education loan borrowers and potential qualified education loan borrowers, as well as public institutions of higher education, qualified education loan servicers, and any other participant in qualified education loan lending, with any qualified education loan servicing concerns; and
    8. Take any other actions necessary to fulfill the duties of the Office of the Qualified Education Loan Ombudsman as set forth in this article.

History. 2018, cc. 489, 755.

§ 23.1-233. Qualified education loan borrower education course.

On or before December 1, 2019, the Office of the Qualified Education Loan Ombudsman, in consultation with the Council, shall establish and maintain a qualified education loan borrower education course that shall include educational presentations and materials regarding qualified education loans. Topics covered by the course shall include, but shall not be limited to, key loan terms, documentation requirements, monthly payment obligations, income-driven repayment options, loan forgiveness programs, and disclosure requirements. The course shall be web-based and available to the public at any time. The Office of the Qualified Education Loan Ombudsman may also establish in-person classes.

History. 2018, cc. 489, 755.

§ 23.1-233.1. Qualified education loans; certain providers; contact information and summary.

Any provider of private education loans, as defined in 12 C.F.R. § 1026.46(b)(5), shall disclose to any student attending an institution of higher education in the Commonwealth, prior to issuing a qualified education loan to such student, the contact information for the Office of the Qualified Education Loan Ombudsman and a summary of the student loan information applicable to private education loans that may be found on the Council’s website. Any such disclosure may be made in conjunction with or incorporated into another disclosure to such student prior to issuing the qualified education loan. The summary shall be developed by the Office of the Qualified Education Loan Ombudsman in consultation with relevant stakeholders.

History. 2020, c. 436.

Editor’s note.

Acts 2020, c. 436, cl. 2 provides: “That the provisions of this act shall become effective on July 1, 2021.”

§ 23.1-234. Reports.

On or before January 1, 2019, and annually thereafter, the Council shall submit a report to the House Committees on Labor and Commerce and on Education and the Senate Committees on Commerce and Labor and Education and Health. The report shall address (i) the implementation of this article and (ii) the overall effectiveness of the Office of the Qualified Education Loan Ombudsman.

History. 2018, cc. 489, 755.

Editor’s note.

The Virginia Code Commission authorized the substitution of “the House Committees on Labor and Commerce and on Education” for “the House Committees on Commerce and Labor and Education.” March 10, 2021.

Chapter 3. The Virginia Higher Education Opportunity Act of 2011.

§ 23.1-300. Definitions.

As used in this chapter, unless the context requires a different meaning:

“College degree” means an undergraduate degree from an accredited associate-degree-granting or baccalaureate (i) public institution of higher education or (ii) private institution of higher education.

“Cost of education” means the operating funds necessary during a fiscal year to provide educational and general services, other than research and public service, to students attending an institution in that fiscal year.

“Educational and general fees” means fees over and above tuition charged for certain educational and general services.

“Educational and general services” means services associated with instruction, academic support, student services, institutional support, research, public service, or operation and maintenance of physical plant, with adjustments based on particular state policies relating to specific institutional conditions. “Educational and general services” does not include services associated with programs and administrative services that are required to be self-supporting or are otherwise supported by funds other than general funds, such as food services, university-owned or university-leased dormitories or other living facilities, athletics programs, or other self-supporting programs.

“Enrollment” or “student enrollment” means the number of full-time equivalent students.

“Fiscal year” means the period from July 1 of one calendar year to June 30 of the next calendar year.

“Peer institutions” means those institutions determined by the Council, in consultation with a public institution of higher education, the Secretary of Education or his designee, the Director of the Department of Planning and Budget or his designee, and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations or their designees, to be most similar to such public institution of higher education and provide a fair comparison in determining appropriate and competitive faculty salaries for such public institution of higher education.

“Public institution of higher education” does not include each comprehensive community college.

“STEM” means science, technology, engineering, and mathematics.

“Student” means a full-time or part-time undergraduate, graduate, or professional student attending a public institution of higher education and enrolled in a degree program.

History. 2011, cc. 828, 869, § 23-38.87:11; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance” in the definition of “Peer institutions.” March 10, 2021.

§ 23.1-301. Short title; objective; purposes.

  1. This chapter may be cited as the “Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011,” the “Top Jobs Act,” or “TJ21.”
  2. The objective of this chapter is to fuel strong economic growth in the Commonwealth and prepare Virginians for the top job opportunities in the knowledge-driven economy of the 21st century by establishing a long-term commitment, policy, and framework for sustained investment and innovation that will (i) enable the Commonwealth to build upon the strengths of its excellent higher education system and achieve national and international leadership in college degree attainment and personal income and (ii) ensure that these educational and economic opportunities are accessible and affordable for all capable and committed Virginia students.
  3. In furtherance of the objective set forth in subsection B, the following purposes shall inform the development and implementation of funding policies, performance criteria, economic opportunity metrics, and recommendations required by this chapter:
    1. To ensure an educated workforce in the Commonwealth through a public-private higher education system whose hallmarks are instructional excellence, affordable access, economic impact, institutional diversity and managerial autonomy, cost-efficient operation, technological and pedagogical innovation, and reform-based investment;
    2. To take optimal advantage of the demonstrated correlation between higher education and economic growth by investing in higher education in a manner that will generate economic growth, job creation, personal income growth, and revenues generated for state and local government in the Commonwealth;
    3. To (i) place the Commonwealth among the most highly educated states and countries by conferring approximately 100,000 cumulative additional undergraduate degrees on Virginians between 2011 and 2025, accompanied by a comparable percentage increase in privately conferred undergraduate degrees in the Commonwealth over the same period and (ii) achieve this purpose by expanding enrollment of Virginians at public institutions of higher education and private institutions of higher education, improving undergraduate graduation and retention rates in the higher education system in the Commonwealth, and increasing degree completion by Virginians with partial credit toward a college degree, including students with ongoing job and family commitments who require access to nontraditional college-level educational opportunities;
    4. To enhance personal opportunity and earning power for individual Virginians by (i) increasing college degree attainment in the Commonwealth, especially in high-demand, high-income fields such as STEM and health care fields and (ii) providing information about the economic value and impact of individual degree programs by institution;
    5. To promote university-based research that produces outside investment in the Commonwealth, fuels economic advances, triggers commercialization of new products and processes, fosters the formation of new businesses, leads businesses to bring their facilities and jobs to the Commonwealth, and in other ways helps place the Commonwealth on the cutting edge of the knowledge-driven economy;
    6. To support the national effort to enhance the security and economic competitiveness of the United States and secure a leading economic position for the Commonwealth through increased research and instruction in STEM and related fields that require qualified faculty, appropriate research facilities and equipment, public-private and intergovernmental collaboration, and sustained state support;
    7. To preserve and enhance the excellence and cost-efficiency of the Commonwealth’s higher education system through reform-based investment that promotes innovative instructional models and pathways to degree attainment, including optimal use of physical facilities and instructional resources throughout the year, technology-enhanced instruction, sharing of instructional resources between colleges, universities, and other degree-granting entities in the Commonwealth, increased online learning opportunities for nontraditional students, improved rate and pace of degree completion, expanded availability of dual enrollment and advanced placement options and early college commitment programs, expanded comprehensive community college transfer options leading to bachelor’s degree completion, and enhanced college readiness before matriculation;
    8. To realize the potential for enhanced benefits from the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) through a sustained commitment to the principles of autonomy, accountability, affordable access, and mutual trust and obligation underlying the restructuring initiative;
    9. To establish a higher education funding framework and policy that promotes stable, predictable, equitable, and adequate funding, facilitates effective planning at the institutional and state levels, provides incentives for increased enrollment of Virginia students at public institutions of higher education and nonprofit private institutions of higher education, provides need-based financial aid for low-income and middle-income students and families, relieves the upward pressure on tuition associated with loss of state support due to economic downturns or other causes, and provides financial incentives to promote innovation and enhanced economic opportunity in furtherance of the objective of this chapter set forth in subsection A; and
    10. To recognize that the unique mission and contributions of each public institution of higher education and private institution of higher education is consistent with the desire to build upon the strengths of the Commonwealth’s excellent system of higher education, afford these unique missions and contributions appropriate safeguards, and allow these attributes to inform the development and implementation of funding policies, performance criteria, economic opportunity metrics, and recommendations in the furtherance of the objective of this chapter set forth in subsection B.

History. 2011, cc. 828, 869, § 23-38.87:10; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “public institutions of higher education and” for “public or” in subdivision C 9.

§ 23.1-302. Public institutions of higher education; funding.

Each public institution of higher education shall receive funds from the state general fund or sources other than the state general fund, or both, for each fiscal year of each biennium for:

  1. Basic operations and instruction, as provided in § 23.1-303 ;
  2. Each Virginia undergraduate student actually enrolled at the institution, as provided in § 23.1-304 ;
  3. Need-based financial aid, as provided in § 23.1-306 ; and
  4. Support for targeted financial incentives that encourage and reward progress toward the policy objectives specified in this chapter, as provided in § 23.1-305 .

History. 2011, cc. 828, 869, § 23-38.87:12; 2016, c. 588.

§ 23.1-303. Calculation of state general fund share of an institution’s basic operations and instruction funding need; cost of education.

  1. Following consultation with each public institution of higher education and the Higher Education Advisory Committee described in § 23.1-309 , the Council shall calculate the basic operations and instruction funding need of each public institution of higher education as provided in subsection B for each year of the next biennium and make such calculation available to the Governor, the General Assembly, and all public institutions of higher education. The Governor shall take into account each institution’s basic operations and instruction funding need and the Commonwealth’s funding split policy established in the general appropriation act by which 67 percent of an institution’s cost of education for Virginia students is funded from the state general fund and 33 percent from funds other than the state general fund during the preparation of his proposed biennial budget bill for the next biennium, and the General Assembly shall take such items into account in enacting the general appropriation act for the next biennium. Between such biennial recalculations, the General Assembly may increase or decrease the appropriation of basic operations and instruction funding to a public institution of higher education to correspond with an increase or decrease in Virginia undergraduate student enrollment at the institution as provided in § 23.1-304 , or the institution’s meeting or not meeting targeted financial incentives listed in § 23.1-305 , or for any other purpose deemed appropriate by the General Assembly.
  2. The basic operations and instruction funding need of each public institution of higher education for each fiscal year of the biennium shall consist of the sum of (i) the institution’s cost of education for the total enrollment in actual attendance during the fiscal year that ended on June 30 of each odd-numbered year, which shall be determined using a cost-based funding policy that consists of (a) a set of formulas for calculating (1) educational cost based on faculty-student ratios by discipline and level and (2) the educational and general programs of instruction, academic support, student services, institutional support, and operation and maintenance of physical plant and (b) adjustments based on particular state policies or specific institutional missions or conditions; (ii) the amount required to reach the Commonwealth’s faculty salary goal of the 60th percentile of the most recently reported average faculty salaries paid by that institution’s peer institutions as established in the general appropriation act; and (iii) such other funding for educational and general services as the General Assembly may appropriate.
  3. State general funds shall be allocated and appropriated to public institutions of higher education in a fair and equitable manner such that, to the extent practicable, the percentage of the cost of education for Virginia students enrolled at an institution to be funded from state general funds is the same for each institution. To the extent that the percentages differ among institutions, that fact shall be taken into account as the Governor deems appropriate in his proposed biennial budget bill and by the General Assembly as it deems appropriate in the general appropriation act.

History. 2011, cc. 828, 869, § 23-38.87:13; 2016, c. 588.

Editor’s note.

Acts 2011, cc. 828 and 869, cl. 2 provides: “That, unless specified to the contrary in the appropriation act, the funding policy referenced in subsection B of § 23-38.87:13 [now this section] of this act is intended to be the model that was adopted by the Joint Subcommittee on Higher Education Funding Policies, as amended.”

§ 23.1-304. Per student enrollment-based funding at public institutions of higher education.

  1. To incentivize undergraduate Virginia student enrollment growth at the Commonwealth’s public institutions of higher education in furtherance of the increased degree conferral purpose of this chapter, the Governor shall recommend and the General Assembly shall determine and appropriate to such institutions a per student amount that follows each Virginia undergraduate student to the public institution of higher education in which the student enrolls. Recommendations regarding such Virginia undergraduate student enrollment growth incentive shall be developed and reviewed as provided in subdivision B 1 of § 23.1-309 .
  2. The Governor shall consider and may recommend and the General Assembly shall consider and may provide additional general fund appropriations to address the unfunded enrollment growth that occurred between the 2005-2006 fiscal year and July 1, 2011.
  3. To assist the General Assembly in determining the per student amount provided for in subsection A and its relation to the per student amount provided to nonprofit private institutions of higher education pursuant to the Tuition Assistance Grant Act (§ 23.1-628 et seq.), each nonprofit private institution of higher education eligible to participate in the Tuition Assistance Grant Program shall submit to the Council its Virginia student enrollment projections for that fiscal year and its actual Virginia student enrollment for the prior fiscal year in a manner determined by the Council. The student admissions policies for such private institutions and their specific programs shall remain the sole responsibility of the governing boards of such individual institutions.

History. 2011, cc. 828, 869, § 23-38.87:14; 2016, c. 588.

§ 23.1-305. Public institutions of higher education; targeted economic and innovation incentives.

  1. The Governor shall consider and may recommend and the General Assembly shall consider and may fund targeted economic and innovation incentives to achieve the objective and purposes of this chapter. Such incentives may include incentives based on the economic opportunity metrics developed pursuant to subdivision B 4 of § 23.1-309 and incentives for:
    1. Increased enrollment of Virginia students, in addition to the per student funding provided by § 23.1-304 ;
    2. Increased degree completion for Virginia residents who have partial credit completion for a degree;
    3. Increased degree completion in a timely or expedited manner;
    4. Improved retention and graduation rates;
    5. Increased degree production in STEM or other high-need areas such as the health care-related professions;
    6. Increased research, including regional and public-private collaboration;
    7. Optimal year-round utilization of resources and other efficiency reforms designed to reduce total institutional cost;
    8. Technology-enhanced instruction, including course redesign, online instruction, and resource sharing among institutions; and
    9. Enhanced comprehensive community college transfer programs and grants and other enhanced degree path programs.
  2. The Governor and the General Assembly shall consider maintenance of effort initiatives for individual institutions with unique missions and demonstrable performance in specific incentive areas identified pursuant to subsection A.
  3. The criteria for measuring whether the incentive areas in subsection A have been met, and the benefits or consequences for meeting or not meeting such incentive areas, shall be developed and reviewed as provided in subdivisions B 3 and 4 of § 23.1-309 .

History. 2011, cc. 828, 869, § 23-38.87:16; 2016, c. 588.

§ 23.1-306. Public institutions of higher education; six-year plans; institutional partnership performance agreements.

  1. The governing board of each public institution of higher education shall (i) develop and adopt biennially in odd-numbered years and amend or affirm biennially in even-numbered years a six-year plan for the institution; (ii) submit a preliminary version of such plan to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each odd-numbered year; and (iii) submit preliminary amendments to or a preliminary affirmation of each such plan to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each even-numbered year. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall include a report of the institution’s active contributions to efforts to stimulate the economic development of the Commonwealth, the area in which the institution is located, and, for those institutions subject to a management agreement set forth in Article 4 (§ 23.1-1004 et seq.) of Chapter 10, the areas that lag behind the Commonwealth in terms of income, employment, and other factors. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. No such preliminary plan, amendments, or affirmation shall be posted on the General Assembly’s website.
  2. The Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Director of the Council, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees, shall review each institution’s preliminary plan, amendments, or affirmation and provide comments to the institution on such plan, amendments, or affirmation by September 1 of the relevant year. Each institution shall respond to any such comments by October 1 of that year and submit a finalized version of such plan, amendments, or affirmation to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than December 1 of that year. Each such finalized version shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly’s website.
  3. Each plan shall be structured in accordance with, and be consistent with, the objective and purposes of this chapter set forth in § 23.1-301 and the criteria developed pursuant to § 23.1-309 and shall be in a form and manner prescribed by the Council, in consultation with the Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Director of the Council, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees.
  4. Each six-year plan shall (i) address the institution’s academic, financial, and enrollment plans, including the number of Virginia and non-Virginia students, for the six-year period; (ii) indicate the planned use of any projected increase in general fund, tuition, or other nongeneral fund revenues; (iii) be based upon any assumptions provided by the Council, following consultation with the Department of Planning and Budget and the staffs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, for funding relating to state general fund support pursuant to §§ 23.1-303 , 23.1-304 , and 23.1-305 and subdivision 9; (iv) be aligned with the institution’s six-year enrollment projections; and (v) include:
    1. Financial planning reflecting the institution’s anticipated level of general fund, tuition, and other nongeneral fund support for each year of the next biennium;
    2. The institution’s anticipated annual tuition and educational and general fee charges required by (i) degree level and (ii) domiciliary status, as provided in § 23.1-307 ;
    3. Plans for providing financial aid to help mitigate the impact of tuition and fee increases on low-income and middle-income students and their families as described in subdivision 9, including the projected mix of grants and loans;
    4. Degree conferral targets for undergraduate Virginia students;
    5. Plans for optimal year-round use of the institution’s facilities and instructional resources;
    6. Plans for the development of an instructional resource-sharing program with other public institutions of higher education and private institutions of higher education;
    7. Plans with regard to any other incentives set forth in § 23.1-305 or any other matters the institution deems appropriate;
    8. The identification of (i) new programs or initiatives including quality improvements and (ii) institution-specific funding based on particular state policies or institution-specific programs, or both, as provided in subsection C of § 23.1-307 ; and
    9. An institutional student financial aid commitment that, in conjunction with general funds appropriated for that purpose, provides assistance to students from both low-income and middle-income families and takes into account the information and recommendations resulting from the review of federal and state financial aid programs and institutional practices conducted pursuant to subdivisions B 2 and C 1 of § 23.1-309 .
  5. In developing such plans, each public institution of higher education shall consider potential future impacts of tuition increases on the Virginia College Savings Plan and ABLE Savings Trust Accounts (§ 23.1-700 et seq.) and shall discuss such potential impacts with the Virginia College Savings Plan. The chief executive officer of the Virginia College Savings Plan shall provide to each institution the Plan’s assumptions underlying the contract pricing of the program.
    1. In conjunction with the plans included in the six-year plan as set forth in subsection D, each public institution of higher education, Richard Bland College, and the Virginia Community College System may submit one innovative proposal with clearly defined performance measures, including any request for necessary authority or support from the Commonwealth, for a performance pilot. If the General Assembly approves the proposed performance pilot, it shall include approval language in the general appropriation act. A performance pilot shall advance the objectives of this chapter by addressing innovative requests related to college access, affordability, cost predictability, enrollment management subject to specified commitments regarding undergraduate in-state student enrollment, alternative tuition and fee structures and affordable pathways to degree attainment, internships and work study, employment pathways for undergraduate Virginia students, strategic talent development, state or regional economic development, pathways to increase timely degree completion, or other priorities set out in the general appropriation act. F. 1. In conjunction with the plans included in the six-year plan as set forth in subsection D, each public institution of higher education, Richard Bland College, and the Virginia Community College System may submit one innovative proposal with clearly defined performance measures, including any request for necessary authority or support from the Commonwealth, for a performance pilot. If the General Assembly approves the proposed performance pilot, it shall include approval language in the general appropriation act. A performance pilot shall advance the objectives of this chapter by addressing innovative requests related to college access, affordability, cost predictability, enrollment management subject to specified commitments regarding undergraduate in-state student enrollment, alternative tuition and fee structures and affordable pathways to degree attainment, internships and work study, employment pathways for undergraduate Virginia students, strategic talent development, state or regional economic development, pathways to increase timely degree completion, or other priorities set out in the general appropriation act.
    2. A performance pilot may include or constitute an institutional partnership performance agreement, which shall be set forth in a memorandum of understanding that includes mutually dependent commitments by the institution, the Commonwealth, and identified partners, if any, related to one or more of the priorities set forth in subdivision 1 or set forth in a general appropriation act. No such institutional partnership performance agreement shall create a legally enforceable obligation of the Commonwealth.
    3. No more than six performance pilots shall be approved in a single session of the General Assembly.
    4. Development and approval of any performance pilot proposal shall proceed in tandem with consideration of the institution’s six-year plan, as follows:
      1. An institution that intends to propose a performance pilot shall communicate that intention as early as practicable, but not later than April 1 of the year in which the performance pilot will be proposed, to the reviewers listed in subsection B, the co-chairmen of the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education, and the Governor. In developing a proposed performance pilot, the institution shall consider the Commonwealth’s educational and economic policies and priorities, including those reflected in the Virginia Plan for Higher Education issued by the Council, the economic development policy developed pursuant to § 2.2-205 , the strategic plan developed pursuant to § 2.2-2237.1 , relevant regional economic growth and diversification plans prepared by regional councils pursuant to the Virginia Growth and Opportunity Act (§ 2.2-2484 et seq.), and any additional guidance provided by the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education and the Governor.
      2. An institution that submits a performance pilot shall include the one innovative proposal with clearly defined performance measures, and any corresponding authority and support requested from the Commonwealth, with its submission of the preliminary version of its six-year plan pursuant to clause (ii) of subsection A or with its preliminary amendment or affirmation submission pursuant to clause (iii) of subsection A.
      3. The reviewers listed in subsection B, or their designees, shall review and comment on any proposed performance pilot in accordance with the six-year plan review and comment process established in subsection B and may expedite such review and comment process to facilitate the executive and legislative budget process or for other reasons. No later than October 15 of the relevant year, the reviewers shall communicate to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations their recommendations regarding each performance pilot proposal. Such recommendations shall include the reviewers’ comments regarding how the proposed performance pilots, individually and collectively, support the strategic educational and economic policies of the Commonwealth.
      4. Each performance pilot proposal shall include evidence of its approval by the institution’s governing board and, if accepted, shall be referenced in the general appropriation act.

History. 2011, cc. 828, 869, §§ 23-38.87:15, 23-38.87:17; 2016, cc. 149, 588; 2018, c. 487; 2019, cc. 794, 795.

Editor’s note.

Acts 2016, c. 149 amended former § 23-38.87:17, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 149 has been given effect in this section by inserting “the General Assembly,” following “to the Council,” and adding “to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance. Each such plan and amendment to or affirmation of such plan shall include a report of the institution’s active contributions to efforts to stimulate the economic development of the Commonwealth, the area in which the institution is located, and, for those institutions subject to a management agreement set forth in Article 4 ( § 23.1-1004 et seq.) of Chapter 10, the areas that lag behind the Commonwealth in terms of income, employment, and other factors” at the end of subsection A.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

The 2018 amendments.

The 2018 amendment by c. 487 rewrote subsections A and B.

The 2019 amendments.

The 2019 amendments by cc. 794 and 795 are identical, and added subsection F.

§ 23.1-307. Public institutions of higher education; tuition and fees.

  1. The governing board of each public institution of higher education shall continue to fix, revise, charge, and collect tuition, fees, rates, rentals, and other charges for the services, goods, or facilities furnished by or on behalf of such institution and may adopt policies regarding any such service rendered or the use, occupancy, or operation of any such facility.
  2. Except to the extent included in the institution’s six-year plan as provided in subsection C, if the total of an institution’s tuition and educational and general fees for any fiscal year for Virginia students exceeds the difference for such fiscal year between (i) the institution’s cost of education for all students, as calculated pursuant to clause (i) of subsection B of § 23.1-303 and (ii) the sum of the tuition and educational and general fees for non-Virginia students, the state general funds appropriated for its basic operations and instruction pursuant to subsection A of § 23.1-303 , and its per student funding provided pursuant to § 23.1-304 , the institution shall forgo new state funding at a level above the general funds received by the institution during the 2011-2012 fiscal year, at the discretion of the General Assembly, and shall be obligated to provide increased financial aid to maintain affordability for students from low-income and middle-income families. This limitation shall not apply to any portion of tuition and educational and general fees for Virginia students allocated to student financial aid, an institution’s share of state-mandated salary or fringe benefit increases, increases in funds other than state general funds for the improvement of faculty salary competitiveness above the level included in the calculation in clause (i) of subsection B of § 23.1-303 , the institution’s progress towards achieving any financial incentive pursuant to § 23.1-305 , unavoidable cost increases such as operation and maintenance for new facilities and utility rate increases, or other items directly attributable to an institution’s unique mission and contributions.
  3. Nothing in subsection B shall prohibit an institution from including in its six-year plan required by § 23.1-306 (i) new programs or initiatives including quality improvements or (ii) institution-specific funding based on particular state policies or institution-specific programs, or both, that will cause the total of the institution’s tuition and educational and general fees for any fiscal year for Virginia students to exceed the difference for such fiscal year between (a) the institution’s cost of education for all students, as calculated pursuant to clause (i) of subsection B of § 23.1-303 , and (b) the sum of the tuition and educational and general fees for the institution’s non-Virginia students, the state general funds appropriated for its basic operations and instruction pursuant to subsection A of § 23.1-303 , and its per student funding provided pursuant to § 23.1-304 .
  4. No governing board of any public institution of higher education shall approve an increase in undergraduate tuition or mandatory fees without providing students and the public a projected range of the planned increase, an explanation of the need for the increase, and notice of (i) the date, time, and location of the meeting at which public comment is permitted pursuant to subsection E on the institution’s website and through any other standard means of communication utilized by the institution with students at least 10 days prior to such meeting and (ii) the date and location of any vote on such increase at least 30 days prior to such vote.
  5. Prior to any vote referenced in subsection D, the governing board of each public institution of higher education shall permit public comment on the proposed increase at a meeting, as that term is defined in § 2.2-3701 , of the governing board. Each such governing board shall establish policies for such public comment, which may include reasonable time limitations.
  6. At any meeting at which the governing board of a public institution of higher education approves an increase in undergraduate tuition and mandatory fees, the governing board shall provide an explanation of any deviation from the projected range provided pursuant to subsection D.
  7. No later than August 1 of each year, the Council shall provide to the Governor and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations a report on any increase in undergraduate tuition and mandatory fees at a public institution of higher education, the public comment relating to such increase in undergraduate tuition and mandatory fees, and any deviation in the increase in undergraduate tuition and mandatory fees from the increase projected in the institutional six-year plan provided pursuant to § 23.1-306 .

History. 2011, cc. 828, 869, § 23-38.87:18; 2016, c. 588; 2017, c. 523; 2019, cc. 583, 584, 588; 2020, c. 435.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

The 2017 amendments.

The 2017 amendment by c. 523 added subsection D.

The 2019 amendments.

The 2019 amendments by cc. 583 and 584 are identical, and added subsection E.

The 2019 amendment by c. 588 added subsections E through G.

The 2020 amendments.

The 2020 amendment by c. 435 inserted “(i) the date, time, and location of the meeting at which public comment is permitted pursuant to subsection E on the institution’s website and through any other standard means of communication utilized by the institution with students at least 10 days prior to such meeting and (ii)” in subsection D.

§ 23.1-308. STEM public-private partnership established; duties.

  1. To (i) increase the number of students completing degrees in the high-demand, high-impact STEM fields and other high-demand, anticipated-shortage fields such as the health care-related professions and (ii) help develop and guide the implementation of a comprehensive plan for higher degree attainment in these fields, the Secretaries of Education and Finance, in cooperation with the House Committees on Appropriations and Education and the Senate Committees on Finance and Appropriations and on Education and Health, shall form a public-private partnership comprised of private-sector leaders, distinguished representatives from the scientific community, including retired military personnel, government scientists, and researchers, educational experts, relevant state and local government officials, and such other individuals as they deem appropriate.
  2. The partnership shall advise on, and may collaborate with public and private entities to develop and implement strategies to address, such priority issues as (i) determining the need for additional high-demand degree enrollment, capacity, and resources at public institutions of higher education and private institutions of higher education; (ii) incentivizing greater coordination, innovation, and private collaboration in kindergarten through secondary school STEM and other high-demand degree initiatives; (iii) determining and refining best practices in STEM instruction and leveraging those best practices to promote STEM education in both the Commonwealth’s institutions of higher education and its elementary and secondary schools; (iv) enhancing teacher education and professional development in STEM disciplines; (v) strengthening mathematics readiness in secondary schools through earlier diagnosis and remediation of deficiencies; (vi) providing financial incentives to increase STEM enrollment and degree production at the Commonwealth’s institutions of higher education; (vii) providing assistance to public institutions of higher education and private institutions of higher education in the acquisition and improvement of STEM-related facilities and equipment; (viii) providing STEM incentives in early pathway programs at institutions of higher education and in the Two-Year College Transfer Grant Program; (ix) assessing degree programs using such economic opportunity metrics as marketplace demand, earning potential, and employer satisfaction and other indicators of the historical and projected economic value and impact of degrees to provide useful information on degrees to students as they make career choices and to state policy makers and university decision makers as they decide how to allocate scarce resources; (x) aligning state higher education efforts with marketplace demands; and (xi) determining such other issues as the partnership deems relevant to increasing the number of students completing degrees in STEM and other high-demand fields at institutions of higher education.

History. 2011, cc. 828, 869, § 23-38.87:19; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “Two-Year College Transfer Grant Program” for “comprehensive community college transfer grant program” in clause (viii) of subsection B.

§ 23.1-309. Higher Education Advisory Committee established; duties.

  1. The Secretary of Education, in consultation with the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, the Secretary of Finance, and each public institution of higher education, shall convene a Higher Education Advisory Committee (Advisory Committee) to provide advice and make recommendations on the matters set forth in subsections B, C, and D. The Advisory Committee shall consist of at least 11 members as follows: one representative of the Office of the Secretary of Education appointed by the Secretary of Education who shall serve as chair of the Advisory Committee; one representative of the Office of the Secretary of Finance appointed by the Secretary of Finance; one representative of the Council appointed by the Chairman of the Council; the staff directors of the House Appropriations Committee on Appropriations and the Senate Committee on Finance and Appropriations, or their designees; and the presidents or their designees of five public institutions of higher education, which shall include two doctoral institutions, two comprehensive institutions, and one comprehensive community college, appointed by the presidents of the public institutions of higher education, and a representative from a nonprofit private institution of higher education appointed by the Governor who shall not provide advice or make recommendations concerning policies that solely impact public institutions of higher education. Both the Governor and the Advisory Committee may designate other individuals to serve on the Advisory Committee, including representatives of academic and instructional faculty or fiscal officers of public institutions of higher education.
  2. Consistent with the objective and purposes of this chapter identified in § 23.1-301 , the Advisory Committee shall develop and subsequently review at least once every five years, in consultation with the staff of the Council and the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the Council and such other assistance as it may require:
    1. The methodology established pursuant to subsection A of § 23.1-304 for determining how a significant increment of state funding shall follow the student to the associate-degree-granting or baccalaureate public institution of higher education in which the student enrolls, how the amount of such per student funding for baccalaureate public institutions of higher education will be made to correspond as nearly as practical to the per student allocation envisioned under the then-existing appropriation for the Tuition Assistance Grant Act (§ 23.1-628 et seq.) for students attending nonprofit private institutions of higher education, how and as of what date the student enrollment at each public institution of higher education shall be calculated, and how an increase or decrease in Virginia undergraduate student enrollment above or below the enrollment level used to calculate the institution’s funding pursuant to § 23.1-303 shall be reflected in the institution’s appropriation pursuant to subsection A of § 23.1-304 , and the standards and process for determining whether an increase or decrease in Virginia undergraduate student enrollment qualifies for funding pursuant to § 23.1-304;
    2. Criteria for determining which families qualify as “low-income” and “middle-income” for purposes of § 23.1-306 and how they relate to federal, state, and institutional policies governing the provision of financial assistance to students of such families;
    3. Objective performance criteria for measuring the financial incentives set forth in § 23.1-305 and the benefits of meeting or consequences of not meeting the incentives included in an institution’s six-year plan pursuant to § 23.1-306 ;
    4. Economic opportunity metrics such as marketplace demand, earning potential, and employer satisfaction and other indicators of the historical and projected economic value of degrees that can be used to assess degree programs in order to provide useful information on the economic impact of degrees to students as they make career choices and state policy makers and university decision makers as they decide how to allocate scarce resources;
    5. The additional authority that should be granted to all public institutions of higher education under the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.), state goals and objectives each public institution of higher education should be expected to achieve, objective criteria for measuring educational-related performance with regard to those goals and objectives, and the benefits of meeting or consequences of not meeting those goals and objectives, including those set forth in subsection C of § 23.1-1002 ; and
    6. The role of private institutions of higher education in addressing the goals set forth in this chapter and recommendations regarding such matters.The Advisory Committee shall submit its recommendations to the Council, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health.
  3. Consistent with the objective and purposes of this chapter identified in § 23.1-301 , the Advisory Committee shall review at least every five years, in consultation with the staff of the Council, the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the Council and such other assistance as it may require:
    1. Federal and state financial aid programs and institutional practices to ensure that the appropriate level of financial assistance is being provided to both low-income and middle-income families, as required by § 23.1-306 , including loan forgiveness programs targeted by purpose in furtherance of the objective of this chapter; and
    2. The Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.) to identify additional ways to reduce costs and enhance efficiency by increasing managerial autonomy with accountability at the institutional level.The Advisory Committee shall submit its recommendations to the Council, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and on Education and Health.
  4. The Advisory Committee shall periodically assess, based upon the institutions’ six-year plans and other relevant factors, the degree to which the Commonwealth’s system of higher education is meeting the statewide objectives of economic impact, reform, affordability, and access reflected in this chapter and the strategic impact of new general fund investments on achieving those objectives. The Advisory Committee shall submit its assessment and recommendations to the Council, which shall review the assessment and recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health.
  5. In addition to providing advice and making recommendations on the matters set forth in subsections B, C, and D, the Advisory Committee shall perform such other duties and undertake such other responsibilities as requested by the Governor or the General Assembly.

History. 2011, cc. 828, 869, §§ 23-38.87:15, 23-38.87:20; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance” and “the House Committee on Appropriations and the Senate Committee on Finance and Appropriations” for “the House Appropriations Committee and the Senate Finance Committee” in subsection A and “Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health” for “Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and on Education and Health” in subsections B, C and D. March 10, 2021.

§ 23.1-310. Assessment and certification of institutions by the Council.

The Council shall annually assess the degree to which each institution has satisfied any goals or criteria developed by the Higher Education Advisory Committee pursuant to § 23.1-309 and no later than October 1 of each fiscal year provide a certified written report of the results of such annual assessment to the Governor and the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and Appropriations and on Education and Health. In order to assist the Council in its assessment, each public institution of higher education, and each nonprofit private institution of higher education eligible for and seeking to qualify for state general funds, shall furnish periodic reports, including copies of institutional financial aid audit reports and audited financial statements, and such other pertinent information, including student-level data, as may be required by the Council.

History. 2011, cc. 828, 869, § 23-38.87:21; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committees on Finance and Appropriations and on Education and Health” for “Senate Committees on Finance and on Education and Health.” March 10, 2021.

Subtitle II. Students and Campus.

Chapter 4. General Provisions.

§ 23.1-400. Student organizations; rights and recognition.

  1. To the extent allowed by state and federal law, a religious or political student organization may determine that ordering the organization’s internal affairs, selecting the organization’s leaders and members, defining the organization’s doctrines, and resolving the organization’s disputes are in furtherance of the organization’s religious or political mission and that only persons committed to that mission should conduct such activities.
  2. No public institution of higher education that has granted recognition of and access to any student organization or group shall discriminate against any such student organization or group that exercises its rights pursuant to subsection A.

History. 2013, cc. 696, 701, § 23-9.2:12; 2016, c. 588.

§ 23.1-401. Restrictions on student speech; limitations.

No public institution of higher education shall impose restrictions on the time, place, and manner of student speech that (i) occurs in the outdoor areas of the institution’s campus and (ii) is protected by the First Amendment to the United States Constitution unless the restrictions (a) are reasonable, (b) are justified without reference to the content of the regulated speech, (c) are narrowly tailored to serve a significant governmental interest, and (d) leave open ample alternative channels for communication of the information.

History. 2014, c. 559, § 23-9.2:13; 2016, c. 588.

§ 23.1-401.1. Constitutionally protected speech; policies, materials, and reports; report.

  1. Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.
  2. Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech.
  3. Each public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.
  4. Each public institution of higher education shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution’s compliance with the provisions of this section that includes:
    1. A copy of the institution’s policies as described in subsection B and materials on such policies as described in subsection C;
    2. Certification that the institution has complied with subsection C; and
    3. A copy of any complaint filed in a court of law since December 1 of the preceding year to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution.
  5. Each public institution of higher education shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a court of law to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served.

History. 2018, c. 751.

§ 23.1-401.2. Student journalists; freedom of speech and the press.

  1. As used in this section:“Institution-sponsored student media” means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body. “Institution-sponsored student media” does not include any media intended for distribution or transmission solely in the course in which the media is produced.“Student journalist” means a student enrolled at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in institution-sponsored student media.“Student media adviser” means an employee of a public institution of higher education who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored student media.
  2. Except as provided in subsection C, a student journalist has the right to exercise freedom of speech and the press in institution-sponsored student media, including determining the news and opinion content of institution-sponsored student media, regardless of whether the media is supported financially by the governing board of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled.
  3. No student journalist has the right to exercise freedom of speech or the press in institution-sponsored student media when such media:
    1. Is libelous or slanderous;
    2. Constitutes an unwarranted invasion of privacy;
    3. Violates federal or state law; or
    4. So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of institution policy, or the material and substantial disruption of the orderly operation of the institution.
  4. No student media adviser shall be dismissed, suspended, disciplined, reassigned, or transferred for (i) taking reasonable and appropriate action to protect a student journalist who engages in conduct that is protected by subsection B or (ii) refusing to infringe on conduct by a student journalist that is protected by subsection B, the First Amendment to the United States Constitution, or the Constitution of Virginia.

History. 2020, c. 947.

§ 23.1-402. Collection and dissemination of information concerning religious preferences and affiliations.

  1. Notwithstanding any provision of law to the contrary, any public institution of higher education may collect and disseminate information concerning the religious preferences and affiliations of its students, provided that no such institution shall (i) require any student to indicate his religious preference or affiliation or (ii) disseminate such information without the student’s consent.
  2. No consent given pursuant to this section shall be construed to allow any public institution of higher education to disseminate to federal government authorities information concerning the religious preferences and affiliations of its students for the purpose of compiling a list, registry, or database of individuals based on religious affiliation, national origin, or ethnicity, unless such dissemination is specifically required by state or federal law.

History. 1977, c. 506, § 23-2.1; 2016, c. 588; 2019, c. 774.

The 2019 amendments.

The 2019 amendment by c. 774 added the designation for subsection A; and added subsection B.

§ 23.1-403. Access to campus and student directory provided to certain persons and groups.

Any public institution of higher education that provides access to its campus and student directory to persons or groups for occupational, professional, or educational recruitment shall provide access on the same basis to official recruiting representatives of the Armed Forces of the United States and the Commonwealth.

History. 1982, c. 258, § 23-2.1:1; 2016, c. 588.

§ 23.1-404. Retention of student birth certificates authorized.

Any public institution of higher education that requests that an applicant who has been accepted for admission present a certified copy of his birth certificate as a condition of enrollment may retain a copy of the birth certificate in the student’s record.

History. 2007, c. 49, § 23-2.1:2; 2016, c. 588.

§ 23.1-405. Student records and personal information; social media.

  1. As used in this section:“Social media account” means a personal account with an electronic medium or service through which users may create, share, or view user-generated content, including, without limitation, videos, photographs, blogs, podcasts, messages, emails, or website profiles or locations. “Social media account” does not include an account (i) opened by a student at the request of a public or private institution of higher education or (ii) provided to a student by a public or private institution of higher education such as the student’s email account or other software program owned or operated exclusively by a public or private institution of higher education.
  2. Each public institution of higher education and private institution of higher education may require any student who attends, or any applicant who has been accepted to and has committed to attend, such institution to provide, to the extent available, from the originating secondary school and, if applicable, any institution of higher education he has attended a complete student record, including any mental health records held by the previous school or institution. Such records shall be kept confidential as required by state and federal law, including the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)(FERPA).
  3. Student directory information, as defined by FERPA, and which may include a student’s name, sex, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height as a member of an athletic team, dates of attendance, degrees and awards received, and other similar information, may be disclosed, provided that the institution has given notice to the student of (i) the types of information that the institution has designated as directory information, (ii) the right of the student to refuse the designation of any or all of the types of information about the student as directory information, and (iii) the period of time within which the student must notify the institution in writing that he does not want any or all of the types of information about the student designated as directory information. However, no institution shall disclose the address, telephone number, or email address of a student pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) unless the student has affirmatively consented in writing to such disclosure. Additionally, except as required by state or federal law, no institution shall disclose the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) unless (a) the disclosure is to students enrolled in the institution for educational purposes or institution business and the student has not opted out of such disclosure in accordance with this subsection and institution policy or (b) the student has affirmatively consented in writing to such disclosure except as required by state or federal law. This subsection shall not apply to disclosures, other than disclosures pursuant to 34 C.F.R. § 99.31(a)(11), permitted under FERPA.
  4. No public institution of higher education shall sell students’ personal information, including names, addresses, phone numbers, and email addresses, to any person. This subsection shall not apply to transactions involving credit, debit, employment, finance, identity verification, risk assessment, fraud prevention, or other transactions initiated by the student.
  5. No public or private institution of higher education shall require a student to disclose the username or password to any of such student’s personal social media accounts. Nothing in this subsection shall prevent a campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8 from performing his official duties.

History. 2008, c. 571, § 23-2.1:3; 2012, cc. 347, 382; 2014, c. 748; 2016, cc. 588, 597; 2018, c. 806; 2019, c. 229.

Editor’s note.

Acts 2016, c. 597 amended former § 23-2.1:3, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 597 has been given effect in this section by adding subsections A and D and renumbering former subsections A and B as subsections B and C.

Acts 2021, cc. 1 and 2, effective February 15, 2021, cl. 1 provides:

“§ 1. As used in this act, ‘eligible health care provider’ means any of the following who, due to their education and training, are authorized to administer drugs: (i) any person licensed by a health regulatory board within the Department of Health Professions whose license is in good standing, or was in good standing within the 20 years immediately prior to lapsing; (ii) any emergency medical services provider licensed or certified by the Department of Health (the Department) whose license or certification is in good standing, or was in good standing within the 20 years immediately prior to lapsing; and (iii) any health professions student enrolled in an accredited program in the Commonwealth who is in good academic standing with such student’s school and provided that the school certifies that the student has been properly trained in the administration of vaccines. Eligible health care providers may also be employees of localities, pharmacies, or hospitals. Localities, pharmacies, or hospitals that offer their employees to support vaccination clinics shall (i) verify employee certification or licensure, (ii) document completion of the required training, and (iii) provide a list of qualified and available vaccinators to the Department.

“§ 2. During a state of emergency related to the COVID-19 pandemic declared by the Governor pursuant to § 44-146.17 of the Code of Virginia, an eligible health care provider participating in the program established pursuant to § 3 of this act may administer the COVID-19 vaccine to citizens of the Commonwealth, in accordance with this act.

“§ 3. The Department shall establish a program to enable eligible health care providers to volunteer to administer the COVID-19 vaccine to residents of the Commonwealth during a state of emergency related to the COVID-19 pandemic declared by the Governor pursuant to § 44-146.17 of the Code of Virginia. Such program shall include (i) a process by which an eligible health care provider may register to participate in the program and (ii) the training requirements for participating eligible health care providers related to the administration of the COVID-19 vaccine, including training on the intramuscular injection of the COVID-19 vaccine and contraindications and side effects of the COVID-19 vaccine. For the purposes of such program, requirements related to background investigation, training, and orientation for Medical Reserve Corps volunteers shall be waived. To facilitate volunteering, the Department shall place a volunteer link on its website’s home page in the same visible location as the other links, such as ‘GET COVIDWISE,’ to make the process to volunteer as a health care provider easily accessible.

“The Department shall make a list of eligible health care providers who have registered pursuant to this section of the act and complied with requirements for training established by the Department available to each local health department and to hospitals operating community vaccination clinics, and the Department, a local health department, or a hospital operating a community vaccination clinic may request that an eligible health care provider included on such list administer the COVID-19 vaccine at a vaccination clinic operated by or in partnership with the Department, local health department, or hospital. Information included on the list shall not be used for any other purpose and shall not be used after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.

Ҥ 4. The Department shall ensure that each site at which COVID-19 vaccinations are provided by eligible health care providers who provide such vaccination in accordance with this act meet the following requirements:

“1. A sufficient number of eligible health care providers whose scope of practice includes administration of vaccines shall be available at each site at which COVID-19 vaccines are administered by eligible health care providers pursuant to this act to ensure appropriate oversight of administration of vaccines by eligible health care providers whose scope of practice does not include administration of vaccines.

“2. A sufficient number of eligible health care providers or other persons who are certified to administer cardiopulmonary resuscitation (CPR) are available at each site at which COVID-19 vaccines are administered by eligible health care providers pursuant to this act; however, a valid certification to perform CPR shall not be required to administer COVID-19 in accordance with this act.

“3. Any person who administers a COVID-19 vaccination in accordance with this act shall collect data, including data related to the race and ethnicity of the person to whom the vaccine is administered, and the person who administers a COVID-19 vaccination or the entity that operates a community vaccination site in accordance with this act shall report such data to the Virginia Immunization Information System established pursuant to § 32.1-46.01 of the Code of Virginia.

Ҥ 5. A person who is licensed as a nurse practitioner by the Boards of Medicine and Nursing or licensed as a physician assistant by the Board of Medicine who administers the COVID-19 vaccine pursuant to this act may administer such vaccine without a written or electronic practice agreement.

“A health professions student who administers the COVID-19 vaccine pursuant to this act shall be supervised by any eligible health care provider who holds a license issued by a health regulatory board within the Department of Health Professions, and the supervising health care provider shall not be required to be licensed in the same health profession for which the student is studying.

“§ 6. An eligible health care provider who is a health professions student shall, as part of the registration process established by the Department, provide such information necessary to demonstrate that he is in good academic standing with the accredited program in which he is enrolled and that he has been properly trained in the administration of vaccines as may be required by the Department. Information about a health professions student shall not be disclosed by the institution of higher education at which the health professions student is studying unless the health professions student has consented to such disclosure in accordance with the provisions of the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g and § 23.1-405 of the Code of Virginia, as applicable.

“Clinical vaccination experience undertaken by a health professions student pursuant to this act may count toward meeting clinical hour requirements of the educational program in which the student is enrolled, subject to a requirement for written verification of such clinical vaccine experience.

“§ 7. In the absence of gross negligence or willful misconduct, any eligible health care provider or entity overseeing any eligible health care provider who administers the COVID-19 vaccine pursuant to this act shall not be liable for (i) any actual or alleged injury or wrongful death or (ii) any civil cause of action arising from any act or omission arising out of, related to, or alleged to have resulted in the contraction of or exposure to the COVID-19 virus or to have resulted from the administration of the COVID-19 vaccine.”

The 2018 amendments.

The 2018 amendment by c. 806, in subsection B, inserted “(FERPA)” at the end; added subsection C and redesignated remaining subsections accordingly.

The 2019 amendments.

The 2019 amendment by c. 229 deleted “34 C.F.R. § 99.31(a)(11) or” preceding “the Virginia” in the second sentence and added the last two sentences in subsection C.

§ 23.1-406. Reporting of certain students issued student visas.

  1. Each associate-degree-granting and baccalaureate (i) public institution of higher education and (ii) private institution of higher education and the governing board, president, or director of any flight school in the Commonwealth shall notify the Attorney General whenever (a) an applicant who has been accepted for admission to such institution pursuant to a student visa fails to enroll or (b) a student who has been attending such institution pursuant to a student visa withdraws from such institution or violates the terms of his visa. Such notification shall contain all available information from U.S. Citizenship and Immigration Services Form I-20 and shall be submitted no later than 30 days after discovery of the event for which notification is required.
  2. The Attorney General shall notify U.S. Citizenship and Immigration Services and all other appropriate national, state, and local agencies of any such failure to enroll, withdrawal, or student visa violation.
  3. This section is effective until superseded by federal action.

History. 2002, c. 367, § 23-2.2; 2016, c. 588.

§ 23.1-407. Reporting of enrollment information to Sex Offender and Crimes Against Minors Registry.

  1. Each associate-degree-granting and baccalaureate (i) public institution of higher education and (ii) private institution of higher education shall electronically transmit the complete name, social security number or other identifying number, date of birth, and gender of each applicant accepted to attend the institution to the Department of State Police, in a format approved by the Department of State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Sex Offender Registry File. Such data shall be transmitted (a) before an accepted applicant becomes a student in attendance pursuant to 20 U.S.C. § 1232g(a)(6) or (b) in the case of institutions with a rolling or instantaneous admissions policy, in accordance with guidelines developed by the Department of State Police in consultation with the Council.
  2. Whenever it appears from the records of the Department of State Police that an accepted applicant has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the Department of State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the institution of higher education is located.

History. 2006, cc. 857, 914, § 23-2.2:1; 2016, c. 588; 2020, c. 829.

Editor’s note.

Acts 2020, c. 829, cl. 2 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2020 amendments.

The 2020 amendment by c. 829 deleted “or” preceding “reregister” and inserted “or verify his registration information” following “reregister” in subsection B.

§ 23.1-407.1. Admissions applications; criminal history.

  1. No public institution of higher education shall (i) utilize an institution-specific admissions application that contains questions about the criminal history of the applicant or (ii) deny admission to any applicant solely on the basis of any criminal history information provided by the applicant on any third-party admissions application accepted by the institution.
  2. Notwithstanding the provisions of subsection A, any public institution of higher education that requires each student to enroll in the Reserve Officers’ Training Corps (ROTC) as a condition of enrollment may inquire into the criminal history of any applicant prior to the applicant’s receiving a conditional offer of acceptance to determine his eligibility to accept a commission in the Armed Forces of the United States.
  3. Nothing in this section shall be construed to prohibit a public institution of higher education from inquiring into the criminal history of any individual who has been admitted to but has yet to enroll at the institution. Any public institution of higher education may withdraw an offer of admission to any individual whom the institution subsequently determines to have a criminal history that poses a threat to the institution’s community.
  4. Notwithstanding the provisions of subsection A, a law school of a public institution of higher education that is accredited by the American Bar Association may inquire into the criminal history of any applicant to determine whether the applicant appears capable of being admitted to the bar. Any such law school shall inform applicants that the existence of a criminal history will not, by itself, disqualify an applicant for admission.

History. 2021, Sp. Sess. I, c. 440.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 440, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2022.”

§ 23.1-408. Annual reporting of the use of student fees.

Each public institution of higher education shall publish annually a descriptive report detailing (i) the amount and distribution of student activity fees assessed each semester or during an academic year and (ii) the name of each organization that receives funding of $100 or more from student activity fees and the nature of such organization’s activity. Each such institution shall post such annual descriptive report on its website to facilitate its access by and availability to enrolled students and their parents.

History. 2005, c. 532, § 23-2.3; 2016, c. 588.

§ 23.1-408.1. (Effective July 1, 2022) Intercollegiate athletics; student-athletes; compensation and representation for name, image, or likeness.

  1. As used in this section: “Athlete agent” means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to Chapter 5.2 (§ 54.1-526 et seq.) of Title 54.1. “Attorney” means an attorney licensed to practice law in the Commonwealth. “Compensation” means any type of remuneration or anything of value. “Compensation” does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at an institution at which the student-athlete is enrolled or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference. “Institution” means a private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education. “Student-athlete” means an individual enrolled at an institution who participates in intercollegiate athletics.
  2. No institution or agent thereof, athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall:
    1. Prohibit or prevent a student-athlete from earning compensation for the use of his name, image, or likeness, except as otherwise permitted in this section;
    2. Prohibit or prevent a student-athlete from obtaining professional representation by an athlete agent or legal representation by an attorney in connection with issues related to name, image, or likeness;
    3. Declare a student-athlete ineligible for intercollegiate athletic competition because he earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness; or
    4. Reduce, cancel, revoke, or not renew an athletic scholarship because a student-athlete earns compensation for the use of his name, image, or likeness or obtains professional representation by an athlete agent or attorney in connection with issues related to name, image, or likeness.
  3. No athletic association, athletic conference, or other organization with authority over intercollegiate athletics shall prohibit or prevent an institution from becoming a member of the association, conference, or organization or participating in intercollegiate athletics sponsored by such association, conference, or organization as a consequence of any student-athlete earning compensation for the use of his name, image, or likeness or obtaining representation by an athlete agent or attorney in connection with issues related to name, image, or likeness.
  4. No student-athlete shall earn compensation for the use of his 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 including hemp or hemp products;
    4. Controlled substances, as defined in § 54.1-3401 ;
    5. Performance enhancing drugs or substances such as steroids or human growth hormone;
    6. Drug paraphernalia, as defined in § 18.2-265.1 ;
    7. Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices;
    8. Weapons, including firearms and ammunition for firearms; and
    9. Casinos or gambling, including sports betting.
  5. An institution may prohibit a student-athlete from earning compensation for the use of his name, image, or likeness while the student-athlete is engaged in academic, official team, or athletic department activities, including class, tutoring, competition, practice, travel, academic services, community service, promotional activities, and other athletic department activities.
  6. No student-athlete shall use an institution’s facilities; apparel; equipment; uniforms; or intellectual property, including logos, indicia, registered and unregistered trademarks, and products protected by copyright, for any opportunity to earn compensation for the use of his name, image, or likeness, unless otherwise permitted by the institution.
  7. Prior to executing an agreement concerning the use of his name, image, or likeness, a student-athlete shall disclose such agreement to the institution at which he is enrolled in a manner designated by the institution. If a student-athlete discloses a potential agreement that conflicts with an existing institutional agreement, the institution shall disclose the relevant terms of the conflicting agreement to the student-athlete.
  8. An institution may prohibit a student-athlete from using his name, image, or likeness to earn compensation if the proposed use conflicts with an existing institutional agreement.
  9. No institution shall, except as otherwise permitted in this section, enter into, renew, or modify any agreement that prohibits a student-athlete from using his name, image, or likeness to earn compensation while the student-athlete is engaged in non-academic, unofficial team, or non-athletic department activities.
  10. Nothing in this section shall be construed to impact the employment status of a student-athlete. No student-athlete shall be considered an employee of an institution based on participation in intercollegiate athletics.
  11. 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 section may bring an action for injunctive relief.

History. 2022, cc. 510, 638.

§ 23.1-409. (Effective until July 1, 2022) Transparency in higher education information.

Each baccalaureate public institution of higher education shall maintain and update annually no later than September 30 a tab or link on the home page of its website that shall include the following information:

  1. The institution’s six-year undergraduate graduation rate for each of the past 10 years;
  2. The institution’s freshman-to-sophomore retention rate for full-time undergraduate students for each of the past 10 years;
  3. The institution’s average annual percentage increase in base undergraduate tuition for each of the past 10 years;
  4. The institution’s average annual percentage increase in mandatory undergraduate comprehensive student fees for each of the past 10 years;
  5. A link to the annual report of the use of student fees as required by § 23.1-408 ;
  6. A link to the postsecondary education and employment data referenced in subsection D of § 23.1-204.1 ; and
  7. A summary of the institution’s budget, consistent with the institution’s annual budgeting process, that includes (i) the major budget units (MBUs) in the institution and standard expenditure categories within each MBU for the current fiscal year and the previous fiscal year or (ii) a link to the annual reports required by subdivision B 11 of § 23.1-1303 .

History. 2015, cc. 325, 328, § 23-2.6; 2016, c. 588; 2018, c. 387; 2021, Sp. Sess. I, c. 447.

Editor’s note.

At the direction of the Virginia Code Commission, “ § 23.1-204.1 ” was substituted for “ § 23.1-204 ” in subdivision 6 to conform to Acts 2017, c. 376.

The 2018 amendments.

The 2018 amendment by c. 387 substituted “subsection D” for “subsection B” in subdivision 6.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 447, effective July 1, 2021, substituted “subdivision B 11” for “subdivision B 10” in subdivision 7.

The 2022 amendments.

The 2022 amendment by c. 365 inserted the subsection A designation; and added subsections B and C.

§ 23.1-409. (Effective July 1, 2022) Transparency in higher education information.

  1. Each baccalaureate public institution of higher education shall maintain and update annually no later than September 30 a tab or link on the home page of its website that shall include the following information:
    1. The institution’s six-year undergraduate graduation rate for each of the past 10 years;
    2. The institution’s freshman-to-sophomore retention rate for full-time undergraduate students for each of the past 10 years;
    3. The institution’s average annual percentage increase in base undergraduate tuition for each of the past 10 years;
    4. The institution’s average annual percentage increase in mandatory undergraduate comprehensive student fees for each of the past 10 years;
    5. A link to the annual report of the use of student fees as required by § 23.1-408 ;
    6. A link to the postsecondary education and employment data referenced in subsection D of § 23.1-204.1 ; and
    7. A summary of the institution’s budget, consistent with the institution’s annual budgeting process, that includes (i) the major budget units (MBUs) in the institution and standard expenditure categories within each MBU for the current fiscal year and the previous fiscal year or (ii) a link to the annual reports required by subdivision B 11 of § 23.1-1303 .
  2. The Council shall maintain on its website a comparison of each baccalaureate public institution of higher education to each other baccalaureate public institution of higher education on the following measures:
    1. The middle 50 percent test score range of first-time undergraduate students whose ACT or SAT scores were in the twenty-fifth to seventy-fifth percentiles of the scores of enrolled students;
    2. The percentage of the students who applied for and were offered first-time undergraduate admission;
    3. The average and net annual total tuition and fees and room and board for a full-time undergraduate student living on campus;
    4. Average undergraduate student educational debt;
    5. The first year to second year retention rates for full-time undergraduate students;
    6. The four-year, five-year, and six-year undergraduate graduation rates;
    7. The percentage of students eligible to receive a Federal Pell Grant;
    8. The average wages of undergraduate alumni within the first five years of graduation; and
    9. The average wages of undergraduate alumni within 20 years of graduation.
  3. Each baccalaureate public institution of higher education shall maintain a link on its website to the comparison of measures maintained by the Council pursuant to subsection B.

History. 2015, cc. 325, 328, § 23-2.6; 2016, c. 588; 2018, c. 387; 2021, Sp. Sess. I, c. 447; 2022, c. 365.

§ 23.1-409.1. (Effective July 1, 2022) Supplemental Nutrition Assistance Program; notice to students.

Each public institution of higher education shall ensure that all students have access to accurate information about the Supplemental Nutrition Assistance Program (SNAP), including eligibility and how to apply. Each institution shall also advertise the application and process for applying for SNAP prominently on the institution’s website and in orientation materials that are distributed to each new student.

History. 2022, c. 483.

§ 23.1-410. Student loan vendors.

  1. No employee of a public institution of higher education shall demand or receive any payment, loan, advance, deposit of money, services, or anything, present or promised, as an inducement for promoting any student loan vendor.
  2. No public institution of higher education shall enter into any agreement with any student loan vendor that states or implies an exclusive relationship between the institution and vendor regarding student loans.

History. 2008, c. 624, § 23-4.3:2; 2014, c. 484; 2016, c. 588.

§ 23.1-411. Federal student loan information.

  1. A public institution of higher education that receives federal education loan information for a student enrolled in the institution shall provide to the student, at least once during each academic year, the following up-to-date information: (i) an estimate of (a) the student’s total amount of federal education loans, (b) the student’s total potential loan repayment amount, including principal and interest, for the total amount of federal education loans, and (c) the student’s monthly loan repayment amounts for the total amount of federal education loans and (ii) the percentage of the aggregate borrowing limit the student has reached, unless such information is unavailable.
  2. No public institution of higher education shall incur liability for providing information to a student in accordance with this section.

History. 2018, c. 589.

§ 23.1-412. Non-academic student codes of conduct.

  1. Each public institution of higher education shall adopt non-academic student codes of conduct.
  2. Students and student organizations that participate in the non-academic student codes of conduct process as a complainant or respondent shall have the responsibilities and rights afforded to them by the institution’s codes of conduct and related policies and procedures. The codes of conduct shall describe and define the rights and responsibilities of all enrolled students and student organizations and shall outline each step in the institution’s procedures for responding to and resolving allegations of violations.
  3. For violations that may result in a student or student organization facing the sanctions of suspension or expulsion, the non-academic student codes of conduct shall include:
    1. The requirement that the accused student or student organization receive reasonable notice of the alleged violation, a general summary of the complaint, contact information of an institution’s employee to receive additional information, and the date by which such contact must occur;
    2. The opportunity for the accused student or student organization to present their version of events giving rise to the allegations;
    3. The opportunity for the accused student or student organization to review and respond to information presented to the decision maker;
    4. The opportunity for the accused student or student organization to select an advisor of their choice;
    5. The opportunity for the accused student or student organization to present information by relevant and noncumulative witnesses;
    6. The right of the accused student or student organization to not participate in proceedings;
    7. The requirement that the complainant and respondent receive notice of the outcome of the proceedings;
    8. A decision maker free from actual bias; and
    9. A description of any internal appeal process.
  4. The provisions of this section shall not apply to any public institution of higher education established pursuant to Chapter 25 (§ 23.1-2500 et seq.).

History. 2020, c. 473.

Chapter 5. In-State Tuition and Reduced Rate Tuition Eligibility.

§ 23.1-500. Definitions.

As used in this chapter:

“Date of the alleged entitlement” means the first official day of class within the term, semester, or quarter of the program of study in which a student is enrolled.

“Dependent student” means a student who is listed as a dependent on the federal or state income tax return of his parents or legal guardian or who receives substantial financial support from his spouse, parent, or legal guardian. “Dependent student” includes unemancipated minors.

“Domicile” means the present, fixed home of an individual to which he returns following temporary absences and at which he intends to stay indefinitely. No individual may have more than one domicile at a time. Domicile, once established, is not affected by (i) mere transient or temporary physical presence outside the Commonwealth or (ii) the establishment and maintenance of a place of residence outside the Commonwealth for the purpose of maintaining a joint household with an active duty United States military spouse.

“Domiciliary intent” means present intent to remain indefinitely.

“Emancipated minor” means a minor student who has been emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the applicable laws of any other jurisdiction.

“Employed full time” means employed in a position resulting in at least an annual earned income reported for tax purposes equivalent to 50 work weeks of 40 hours at minimum wage.

“Independent student” means a student whose parents have surrendered the right to his care, custody, and earnings; do not claim him as a dependent on federal or state income tax returns; and have ceased to provide him with substantial financial support. “Independent student” includes emancipated minors.

“Substantial financial support” means any amount of financial support received by a student that qualifies him to be listed as a dependent on federal and state income tax returns.

“Surviving spouse” means the spouse of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, or as a result of a terrorist act, or in any armed conflict, was killed in action, became missing in action, or became a prisoner of war.

“Unemancipated minor” means a minor student who has not been emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1 or the applicable laws of any other jurisdiction.

“Veteran” means an individual who has served on active duty in the Armed Forces of the United States and who was discharged or released from such service under conditions other than dishonorable.

“Virginia employer” means (i) any employing unit organized under the laws of the Commonwealth or having income from sources in the Commonwealth regardless of its organizational structure or (ii) any public or nonprofit organization authorized to operate in the Commonwealth.

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Jurisdiction. —

Under § 17.1-405 , the Virginia Court of Appeals only has jurisdiction over an appeal from an administrative agency, not over an administrative decision made by an entity that is not purely an administrative agency. The Court of Appeals thus lacks jurisdiction over a trial court decision on appeal from the determination of a state university pursuant to § 23-7.4; appellate jurisdiction of such cases lies in the Virginia Supreme Court under subdivision A 3 of § 8.01-670 . George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

In-state tuition properly denied. —

As a student admitted he relocated to Virginia for the primary purpose of attending law school, and many facts on which he relied to support his purported Virginia domicile could be deemed auxiliary to fulfilling his educational objectives or were also performed by temporary Virginia residents, he was properly denied in-state tuition under subsection B of § 23-7.4.George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

Denial of the student’s application for in-state tuition was supported by evidence that the student applied to several universities outside of Virginia and moved to Virginia only after being accepted to the university, the student gave inconsistent answers when asked whether he intended to stay in Virginia indefinitely, and the student returned to China for more than a month during the year in which he was supposedly establishing his Virginia domicile. Va. Commonwealth Univ. v. Zhuo Cheng Su, 283 Va. 446 , 722 S.E.2d 561, 2012 Va. LEXIS 53 (2012).

As a dependent student’s spouse did not obtain a Virginia driver’s license within one year of the first day of class, a university’s determination that the spouse had not been domiciled in Virginia for the requisite one year period and that the student was thus not eligible for in-state tuition was not arbitrary, capricious, or otherwise contrary to law. George Mason Univ. v. Veng, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

CIRCUIT COURT OPINIONS

Domiciliary intent. —

Where a student was presumed to have come to Virginia solely to attend school and the student’s wife did not indicate a commitment to remain in Virginia, the university residency appeals committee properly denied in-state tuition. Echols v. Va. Commonwealth Univ., 64 Va. Cir. 330, 2004 Va. Cir. LEXIS 197 (Richmond Apr. 5, 2004).

No factor alone is determinative. —

All the factors for determining the right to in-state tuition status listed in § 23-7.4 shall be considered, but none of the factors alone are determinative of domiciliary intent or lack thereof. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Employment factor broadly interpreted. —

While § 23-7.4 specifies that a written offer of employment should be considered a factor in determining domiciliary intent, the applicable regulation, former 8 VAC § 40-120-40 E. 10. c., broadly interprets that factor, and the Virginia Commonwealth University Residency Board must consider other evidence of likely future employment besides a written offer. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

In-state status found. —

Self-supporting graduate student, who moved to Virginia to live with her fiance and who intended to seek employment in Virginia and to obtain her license there, was entitled to in-state tuition status; the student showed 8 of the 10 factors for domiciliary status, and offered strong evidence of the ninth, future employment. The Virginia Commonwealth University Residency Board’s denial of in-state tuition status was arbitrary, capricious, and otherwise contrary to law. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Because a student established all 11 factors in § 23-7.4 to determine domiciliary intent and also presented many other factors evidencing an intent to remain in the Commonwealth, including the purchase of a home, a university’s residency committee denial of in-state tuition was arbitrary and capricious. Gauthier v. Va. Commonwealth Univ., 67 Va. Cir. 341, 2005 Va. Cir. LEXIS 158 (Richmond May 23, 2005).

In-state tuition properly denied. —

Pursuant to subsection A of § 23-7.4:3, the decision of a university’s domicile appeals committee to deny a student’s petition to be reclassified as an in-state student was not arbitrary, capricious, or contrary to law; the university could have reasonably concluded that a student failed to rebut, by clear and convincing evidence, the presumption contained in § 23-7.4 that he came to Virginia primarily to attend the university’s law school and that the steps the student took to establish his domicile in Virginia were auxiliary to fulfilling his educational objectives. Milakovich v. George Mason Univ., 75 Va. Cir. 11, 2008 Va. Cir. LEXIS 9 (Fairfax County Jan. 28, 2008).

Because a university reasonably concluded that a student came to Virginia primarily to attend its law school and that the steps the student took to establish Virginia as the student’s domicile were secondary or auxiliary to the full-time study of law, the university properly denied the student’s application for in-state tuition under § 23-7.4.O'Shea v. George Mason Univ., 82 Va. Cir. 566, 2007 Va. Cir. LEXIS 327 (Fairfax County July 13, 2007).

Illustrative cases. —

Student demonstrated by clear and convincing evidence that for more than one year prior to her request for in-state tuition entitlement, she was a bona fide domiciliary and that there was no reasonable factual basis to support the college’s decision to deny the student in-state tuition; the college’s decision was thus “arbitrary and capricious.” Lau v. Mary Washington College, 57 Va. Cir. 491, 2000 Va. Cir. LEXIS 635 (Fredericksburg Nov. 3, 2000).

University’s residency committee did not act arbitrarily or capriciously in denying a student in-state tuition status and in finding she had not changed her domicile, even though she displayed many of the factors listed in the statute, including living in the state for more than a year, paying in-state income tax, and holding in-state motor vehicle, vehicle registration, and voter identification cards. Those actions could be considered auxiliary to her educational purposes in the state and did not necessitate a finding that the student had changed her domicile. Gauthier v. Va. Commonwealth Univ., 64 Va. Cir. 395, 2004 Va. Cir. LEXIS 193 (Richmond May 4, 2004).

University’s decision that a student was not entitled to in-state tuition was arbitrary and capricious because the decision violated both the State Council of Higher Education for Virginia Domicile Guidelines and § 23-7.4, and the university departed from the established standard in determining the student’s domicile appeal; the university failed to isolate the core factors unique to the circumstances of the case as required by § 04.C of the Guidelines, and its methodology made the “last objective action” provided in State Council of Higher Education for Virginia Domicile Guideline § 04.C.1 an “essential act,” regardless of its relevance to the case or its categorization as a core factor, which was contrary to the statute’s mandate that all applicable factors were considered and even the Guidelines’ own requirement that no one factor is necessarily determinative and opposing facts must be balanced against each other. Veng v. George Mason Univ., 83 Va. Cir. 154, 2011 Va. Cir. LEXIS 91 (Fairfax County July 7, 2011), rev'd, No. 111776, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Dependents not qualified for waiver of residency nor deemed domiciliaries. —

Based on the limited facts provided, that the dependents of the service members described in the scenarios you present neither qualify for waiver of the one-year residency requirement, nor otherwise can be deemed domiciled in Virginia for purposes of in-state tuition based on the service member’s military status. See opinion of Attorney General to the Honorable Harry B. Blevins, Member, Senate of Virginia, 12-087, 2013 Va. AG LEXIS 10 (2/11/13).

§ 23.1-501. Presumption of dependency for certain students.

It shall be presumed that a student under the age of 24 on the date of the alleged entitlement receives substantial financial support from his parent or legal guardian and is therefore the dependent of his parent or legal guardian unless the student (i) is a veteran or an active duty member of the Armed Forces of the United States, (ii) is a graduate or professional student, (iii) is married, (iv) is a ward of the court or was a ward of the court until age 18, (v) has no adoptive parent or legal guardian and each of the student’s parents is deceased, (vi) has legal dependents other than a spouse, or (vii) is able to present clear and convincing evidence that he is financially self-sufficient.

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

CASE NOTES

Jurisdiction. —

Under § 17.1-405 , the Virginia Court of Appeals only has jurisdiction over an appeal from an administrative agency, not over an administrative decision made by an entity that is not purely an administrative agency. The Court of Appeals thus lacks jurisdiction over a trial court decision on appeal from the determination of a state university pursuant to § 23-7.4; appellate jurisdiction of such cases lies in the Virginia Supreme Court under subdivision A 3 of § 8.01-670 . George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

In-state tuition properly denied. —

As a dependent student’s spouse did not obtain a Virginia driver’s license within one year of the first day of class, a university’s determination that the spouse had not been domiciled in Virginia for the requisite one year period and that the student was thus not eligible for in-state tuition was not arbitrary, capricious, or otherwise contrary to law. George Mason Univ. v. Veng, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Dependents not qualified for waiver of residency nor deemed domiciliaries. —

Based on the limited facts provided, that the dependents of the service members described in the scenarios you present neither qualify for waiver of the one-year residency requirement, nor otherwise can be deemed domiciled in Virginia for purposes of in-state tuition based on the service member’s military status. See opinion of Attorney General to the Honorable Harry B. Blevins, Member, Senate of Virginia, 12-087, 2013 Va. AG LEXIS 10 (2/11/13).

§ 23.1-502. Eligibility for in-state tuition charges; domicile; domiciliary intent.

  1. To be eligible for in-state tuition at public institutions of higher education, an independent student or, in the case of a dependent student, the individual through whom he claims eligibility, shall establish by clear and convincing evidence (i) domicile in the Commonwealth for a period of at least one year immediately succeeding the establishment of domiciliary intent pursuant to subsection B and immediately prior to the date of the alleged entitlement and (ii) the abandonment of any previous domicile, if such existed. No institution of higher education shall give weight to any evidence that such student or individual presents in support of his claim for domicile or the abandonment of any previous domicile unless such evidence has existed for a period of at least one year immediately prior to the date of the alleged entitlement. If the individual through whom a dependent student establishes domicile and eligibility for in-state tuition charges abandons his domicile in the Commonwealth, such student is entitled to in-state tuition charges for one year from the date of such abandonment.
  2. To establish domicile, an independent student or, in the case of a dependent student, the individual through whom he claims eligibility, shall establish by clear and convincing evidence domiciliary intent. In determining domiciliary intent, institutions of higher education shall consider the totality of the circumstances, including the following applicable factors: continuous residence for at least one year prior to the date of the alleged entitlement, except in the event of the establishment and maintenance of a place of residence outside the Commonwealth for the purpose of maintaining a joint household with an active duty United States military spouse; state to which income taxes are filed or paid; driver’s license; motor vehicle registration; voter registration; employment; property ownership; sources of financial support; military records; a written offer and acceptance of employment following graduation; and any other social or economic relationships within and outside the Commonwealth.

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

CASE NOTES

Editor’s note.

Some of the cases below were decided under prior law.

Jurisdiction. —

Under § 17.1-405 , the Virginia Court of Appeals only has jurisdiction over an appeal from an administrative agency, not over an administrative decision made by an entity that is not purely an administrative agency. The Court of Appeals thus lacks jurisdiction over a trial court decision on appeal from the determination of a state university pursuant to § 23-7.4; appellate jurisdiction of such cases lies in the Virginia Supreme Court under subdivision A 3 of § 8.01-670 . George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

In-state tuition properly denied. —

As a student admitted he relocated to Virginia for the primary purpose of attending law school, and many facts on which he relied to support his purported Virginia domicile could be deemed auxiliary to fulfilling his educational objectives or were also performed by temporary Virginia residents, he was properly denied in-state tuition under subsection B of § 23-7.4.George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

Denial of the student’s application for in-state tuition was supported by evidence that the student applied to several universities outside of Virginia and moved to Virginia only after being accepted to the university, the student gave inconsistent answers when asked whether he intended to stay in Virginia indefinitely, and the student returned to China for more than a month during the year in which he was supposedly establishing his Virginia domicile. Va. Commonwealth Univ. v. Zhuo Cheng Su, 283 Va. 446 , 722 S.E.2d 561, 2012 Va. LEXIS 53 (2012).

As a dependent student’s spouse did not obtain a Virginia driver’s license within one year of the first day of class, a university’s determination that the spouse had not been domiciled in Virginia for the requisite one year period and that the student was thus not eligible for in-state tuition was not arbitrary, capricious, or otherwise contrary to law. George Mason Univ. v. Veng, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

State Council of Higher Education for Virginia (SCHEV) guidelines provided no support for a student’s assertion that a university’s decision to deny her in-state tuition was arbitrary, capricious, or otherwise contrary to law; SCHEV policy is not a statute or an administrative regulation and, thus, does not have the force of law. George Mason Univ. v. Malik, 296 Va. 289 , 819 S.E.2d 420, 2018 Va. LEXIS 138 (2018).

Circuit court erred in finding that a university’s decision to deny a student’s tuition reclassification request was arbitrary, capricious, and contrary to law because it exceeded the scope of its review by reweighing the evidence and substituting its judgment for that of the university; ample evidence supported the university’s conclusion that the student failed to prove her alleged Virginia domicile and reinforced the primacy of education as her reason for residing in Virginia. George Mason Univ. v. Malik, 296 Va. 289 , 819 S.E.2d 420, 2018 Va. LEXIS 138 (2018).

CIRCUIT COURT OPINIONS

No factor alone is determinative. —

All the factors for determining the right to in-state tuition status listed in § 23-7.4 shall be considered, but none of the factors alone are determinative of domiciliary intent or lack thereof. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Domiciliary intent. —

Where a student was presumed to have come to Virginia solely to attend school and the student’s wife did not indicate a commitment to remain in Virginia, the university residency appeals committee properly denied in-state tuition. Echols v. Va. Commonwealth Univ., 64 Va. Cir. 330, 2004 Va. Cir. LEXIS 197 (Richmond Apr. 5, 2004).

Employment factor broadly interpreted. —

While § 23-7.4 specifies that a written offer of employment should be considered a factor in determining domiciliary intent, the applicable regulation, former 8 VAC § 40-120-40 E. 10. c., broadly interprets that factor, and the Virginia Commonwealth University Residency Board must consider other evidence of likely future employment besides a written offer. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

In-state status found. —

Self-supporting graduate student, who moved to Virginia to live with her fiance and who intended to seek employment in Virginia and to obtain her license there, was entitled to in-state tuition status; the student showed 8 of the 10 factors for domiciliary status, and offered strong evidence of the ninth, future employment. The Virginia Commonwealth University Residency Board’s denial of in-state tuition status was arbitrary, capricious, and otherwise contrary to law. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Because a student established all 11 factors in § 23-7.4 to determine domiciliary intent and also presented many other factors evidencing an intent to remain in the Commonwealth, including the purchase of a home, a university’s residency committee denial of in-state tuition was arbitrary and capricious. Gauthier v. Va. Commonwealth Univ., 67 Va. Cir. 341, 2005 Va. Cir. LEXIS 158 (Richmond May 23, 2005).

In-state tuition properly denied. —

Pursuant to subsection A of § 23-7.4:3, the decision of a university’s domicile appeals committee to deny a student’s petition to be reclassified as an in-state student was not arbitrary, capricious, or contrary to law; the university could have reasonably concluded that a student failed to rebut, by clear and convincing evidence, the presumption contained in § 23-7.4 that he came to Virginia primarily to attend the university’s law school and that the steps the student took to establish his domicile in Virginia were auxiliary to fulfilling his educational objectives. Milakovich v. George Mason Univ., 75 Va. Cir. 11, 2008 Va. Cir. LEXIS 9 (Fairfax County Jan. 28, 2008).

Because a university reasonably concluded that a student came to Virginia primarily to attend its law school and that the steps the student took to establish Virginia as the student’s domicile were secondary or auxiliary to the full-time study of law, the university properly denied the student’s application for in-state tuition under § 23-7.4.O'Shea v. George Mason Univ., 82 Va. Cir. 566, 2007 Va. Cir. LEXIS 327 (Fairfax County July 13, 2007).

Illustrative cases. —

Student demonstrated by clear and convincing evidence that for more than one year prior to her request for in-state tuition entitlement, she was a bona fide domiciliary and that there was no reasonable factual basis to support the college’s decision to deny the student in-state tuition; the college’s decision was thus “arbitrary and capricious.” Lau v. Mary Washington College, 57 Va. Cir. 491, 2000 Va. Cir. LEXIS 635 (Fredericksburg Nov. 3, 2000).

University’s residency committee did not act arbitrarily or capriciously in denying a student in-state tuition status and in finding she had not changed her domicile, even though she displayed many of the factors listed in the statute, including living in the state for more than a year, paying in-state income tax, and holding in-state motor vehicle, vehicle registration, and voter identification cards. Those actions could be considered auxiliary to her educational purposes in the state and did not necessitate a finding that the student had changed her domicile. Gauthier v. Va. Commonwealth Univ., 64 Va. Cir. 395, 2004 Va. Cir. LEXIS 193 (Richmond May 4, 2004).

University’s decision that a student was not entitled to in-state tuition was arbitrary and capricious because the decision violated both the State Council of Higher Education for Virginia Domicile Guidelines and § 23-7.4, and the university departed from the established standard in determining the student’s domicile appeal; the university failed to isolate the core factors unique to the circumstances of the case as required by § 04.C of the Guidelines, and its methodology made the “last objective action” provided in State Council of Higher Education for Virginia Domicile Guideline § 04.C.1 an “essential act,” regardless of its relevance to the case or its categorization as a core factor, which was contrary to the statute’s mandate that all applicable factors were considered and even the Guidelines’ own requirement that no one factor is necessarily determinative and opposing facts must be balanced against each other. Veng v. George Mason Univ., 83 Va. Cir. 154, 2011 Va. Cir. LEXIS 91 (Fairfax County July 7, 2011), rev'd, No. 111776, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Dependents not qualified for waiver of residency nor deemed domiciliaries. —

Based on the limited facts provided, that the dependents of the service members described in the scenarios you present neither qualify for waiver of the one-year residency requirement, nor otherwise can be deemed domiciled in Virginia for purposes of in-state tuition based on the service member’s military status. See opinion of Attorney General to the Honorable Harry B. Blevins, Member, Senate of Virginia, 12-087, 2013 Va. AG LEXIS 10 (2/11/13).

§ 23.1-503. Determination of domicile; rules; presumptions.

  1. Students shall not ordinarily establish domicile by the performance of acts that are auxiliary to fulfilling educational objectives or are required or routinely performed by temporary residents of the Commonwealth. Students shall not establish domicile by mere physical presence or residence primarily for educational purposes.
  2. A married individual may establish domicile in the same manner as an unmarried individual.
  3. A nonmilitary student whose parent or spouse is a member of the Armed Forces of the United States may establish domicile in the same manner as any other student.
  4. Any alien holding an immigration visa or classified as a political refugee may establish domicile in the same manner as any other student. However, absent congressional intent to the contrary, any individual holding a student visa or another temporary visa does not have the capacity to intend to remain in the Commonwealth indefinitely and is therefore ineligible to establish domicile and receive in-state tuition charges.
  5. The domicile of a dependent student shall be rebuttably presumed to be the domicile of the parent or legal guardian (i) claiming him as an exemption on federal or state income tax returns currently and for the tax year prior to the date of the alleged entitlement or (ii) providing him with substantial financial support. The spouse of an active duty military service member, if such spouse has established domicile and claimed the dependent student on federal or state income tax returns, is not subject to minimum income tests or requirements.
  6. The domicile of an unemancipated minor or a dependent student 18 years old or older may be the domicile of either the parent with whom he resides, the parent who claims the student as a dependent for federal or Virginia income tax purposes for the tax year prior to the date of the alleged entitlement and is currently so claiming the student, or the parent who provides the student with substantial financial support. If there is no surviving parent or the whereabouts of the parents are unknown, then the domicile of an unemancipated minor shall be the domicile of the legal guardian of such unemancipated minor unless circumstances indicate that such guardianship was created primarily for the purpose of establishing domicile.
  7. Continuously enrolled non-Virginia students shall be presumed to be in the Commonwealth for educational purposes unless they rebut such presumption with clear and convincing evidence of domicile.
  8. A non-Virginia student is not eligible for reclassification as a Virginia student unless he applies for and is approved for such reclassification. Any such reclassification shall only be granted prospectively from the date such application is received.
  9. A student who knowingly provides erroneous information in an attempt to evade payment of out-of-state tuition charges shall be charged out-of-state tuition for each term, semester, or quarter attended and may be subject to dismissal from the institution. All disputes relating to the veracity of information provided to establish domicile in the Commonwealth are appealable as set forth in § 23.1-510 .
  10. No student shall be deemed ineligible to establish domicile and receive in-state tuition charges solely on the basis of the immigration status of his parent.

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588; 2020, c. 512.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

The 2020 amendments.

The 2020 amendment by c. 512 added subsection J.

CASE NOTES

Editor’s note.

Some of the cases below were decided under prior law.

Jurisdiction. —

Under § 17.1-405 , the Virginia Court of Appeals only has jurisdiction over an appeal from an administrative agency, not over an administrative decision made by an entity that is not purely an administrative agency. The Court of Appeals thus lacks jurisdiction over a trial court decision on appeal from the determination of a state university pursuant to § 23-7.4; appellate jurisdiction of such cases lies in the Virginia Supreme Court under subdivision A 3 of § 8.01-670 . George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

In-state tuition properly denied. —

As a student admitted he relocated to Virginia for the primary purpose of attending law school, and many facts on which he relied to support his purported Virginia domicile could be deemed auxiliary to fulfilling his educational objectives or were also performed by temporary Virginia residents, he was properly denied in-state tuition under subsection B of § 23-7.4.George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

Denial of the student’s application for in-state tuition was supported by evidence that the student applied to several universities outside of Virginia and moved to Virginia only after being accepted to the university, the student gave inconsistent answers when asked whether he intended to stay in Virginia indefinitely, and the student returned to China for more than a month during the year in which he was supposedly establishing his Virginia domicile. Va. Commonwealth Univ. v. Zhuo Cheng Su, 283 Va. 446 , 722 S.E.2d 561, 2012 Va. LEXIS 53 (2012).

State Council of Higher Education for Virginia (SCHEV) guidelines provided no support for a student’s assertion that a university’s decision to deny her in-state tuition was arbitrary, capricious, or otherwise contrary to law; SCHEV policy is not a statute or an administrative regulation and, thus, does not have the force of law. George Mason Univ. v. Malik, 296 Va. 289 , 819 S.E.2d 420, 2018 Va. LEXIS 138 (2018).

Circuit court erred in finding that a university’s decision to deny a student’s tuition reclassification request was arbitrary, capricious, and contrary to law because it exceeded the scope of its review by reweighing the evidence and substituting its judgment for that of the university; ample evidence supported the university’s conclusion that the student failed to prove her alleged Virginia domicile and reinforced the primacy of education as her reason for residing in Virginia. George Mason Univ. v. Malik, 296 Va. 289 , 819 S.E.2d 420, 2018 Va. LEXIS 138 (2018).

CIRCUIT COURT OPINIONS

Domiciliary intent. —

Where a student was presumed to have come to Virginia solely to attend school and the student’s wife did not indicate a commitment to remain in Virginia, the university residency appeals committee properly denied in-state tuition. Echols v. Va. Commonwealth Univ., 64 Va. Cir. 330, 2004 Va. Cir. LEXIS 197 (Richmond Apr. 5, 2004).

No factor alone is determinative. —

All the factors for determining the right to in-state tuition status listed in § 23-7.4 shall be considered, but none of the factors alone are determinative of domiciliary intent or lack thereof. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Employment factor broadly interpreted. —

While § 23-7.4 specifies that a written offer of employment should be considered a factor in determining domiciliary intent, the applicable regulation, former 8 VAC § 40-120-40 E. 10. c., broadly interprets that factor, and the Virginia Commonwealth University Residency Board must consider other evidence of likely future employment besides a written offer. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

In-state status found. —

Self-supporting graduate student, who moved to Virginia to live with her fiance and who intended to seek employment in Virginia and to obtain her license there, was entitled to in-state tuition status; the student showed 8 of the 10 factors for domiciliary status, and offered strong evidence of the ninth, future employment. The Virginia Commonwealth University Residency Board’s denial of in-state tuition status was arbitrary, capricious, and otherwise contrary to law. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Because a student established all 11 factors in § 23-7.4 to determine domiciliary intent and also presented many other factors evidencing an intent to remain in the Commonwealth, including the purchase of a home, a university’s residency committee denial of in-state tuition was arbitrary and capricious. Gauthier v. Va. Commonwealth Univ., 67 Va. Cir. 341, 2005 Va. Cir. LEXIS 158 (Richmond May 23, 2005).

In-state tuition properly denied. —

Pursuant to subsection A of § 23-7.4:3, the decision of a university’s domicile appeals committee to deny a student’s petition to be reclassified as an in-state student was not arbitrary, capricious, or contrary to law; the university could have reasonably concluded that a student failed to rebut, by clear and convincing evidence, the presumption contained in § 23-7.4 that he came to Virginia primarily to attend the university’s law school and that the steps the student took to establish his domicile in Virginia were auxiliary to fulfilling his educational objectives. Milakovich v. George Mason Univ., 75 Va. Cir. 11, 2008 Va. Cir. LEXIS 9 (Fairfax County Jan. 28, 2008).

Because a university reasonably concluded that a student came to Virginia primarily to attend its law school and that the steps the student took to establish Virginia as the student’s domicile were secondary or auxiliary to the full-time study of law, the university properly denied the student’s application for in-state tuition under § 23-7.4.O'Shea v. George Mason Univ., 82 Va. Cir. 566, 2007 Va. Cir. LEXIS 327 (Fairfax County July 13, 2007).

Illustrative cases. —

Student demonstrated by clear and convincing evidence that for more than one year prior to her request for in-state tuition entitlement, she was a bona fide domiciliary and that there was no reasonable factual basis to support the college’s decision to deny the student in-state tuition; the college’s decision was thus “arbitrary and capricious.” Lau v. Mary Washington College, 57 Va. Cir. 491, 2000 Va. Cir. LEXIS 635 (Fredericksburg Nov. 3, 2000).

University’s residency committee did not act arbitrarily or capriciously in denying a student in-state tuition status and in finding she had not changed her domicile, even though she displayed many of the factors listed in the statute, including living in the state for more than a year, paying in-state income tax, and holding in-state motor vehicle, vehicle registration, and voter identification cards. Those actions could be considered auxiliary to her educational purposes in the state and did not necessitate a finding that the student had changed her domicile. Gauthier v. Va. Commonwealth Univ., 64 Va. Cir. 395, 2004 Va. Cir. LEXIS 193 (Richmond May 4, 2004).

University’s decision that a student was not entitled to in-state tuition was arbitrary and capricious because the decision violated both the State Council of Higher Education for Virginia Domicile Guidelines and § 23-7.4, and the university departed from the established standard in determining the student’s domicile appeal; the university failed to isolate the core factors unique to the circumstances of the case as required by § 04.C of the Guidelines, and its methodology made the “last objective action” provided in State Council of Higher Education for Virginia Domicile Guideline § 04.C.1 an “essential act,” regardless of its relevance to the case or its categorization as a core factor, which was contrary to the statute’s mandate that all applicable factors were considered and even the Guidelines’ own requirement that no one factor is necessarily determinative and opposing facts must be balanced against each other. Veng v. George Mason Univ., 83 Va. Cir. 154, 2011 Va. Cir. LEXIS 91 (Fairfax County July 7, 2011), rev'd, No. 111776, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Dependents not qualified for waiver of residency nor deemed domiciliaries. —

Based on the limited facts provided, that the dependents of the service members described in the scenarios you present neither qualify for waiver of the one-year residency requirement, nor otherwise can be deemed domiciled in Virginia for purposes of in-state tuition based on the service member’s military status. See opinion of Attorney General to the Honorable Harry B. Blevins, Member, Senate of Virginia, 12-087, 2013 Va. AG LEXIS 10 (2/11/13).

§ 23.1-504. Determination of domicile; exception; certain active duty and retired military personnel, etc.

In determining the domicile of (i) active duty military personnel residing in the Commonwealth, retired military personnel residing in the Commonwealth at the time of their retirement, surviving spouses, or veterans who voluntarily elect to establish the Commonwealth as their permanent residence for the purpose of domicile or (ii) a dependent spouse or dependent child who claims domicile through an individual listed in clause (i), institutions of higher education shall waive the one-year requirement set forth in subsection B of § 23.1-502 .

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

§ 23.1-505. Determination of domicile; exception; dependents of certain active duty military personnel, etc.

  1. For the purposes of this section:“Date of alleged entitlement” means the date of admission or acceptance for dependents currently residing in the Commonwealth or the final add/drop date for dependents of members newly transferred to the Commonwealth.“Temporarily mobilized” means activated for service for 180 days or more.“Unaccompanied orders” means orders that assign active duty military personnel or activated or temporarily mobilized reserve or guard members an unaccompanied tour listed in Appendix Q of the Joint Federal Travel Regulations.
  2. Notwithstanding § 23.1-502 or any other provision of law to the contrary, all dependents, as defined by 37 U.S.C. § 401, of active duty military personnel or activated or temporarily mobilized reservists or guard members (i) assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth who reside in the Commonwealth; (ii) assigned unaccompanied orders and immediately prior to receiving such unaccompanied orders were assigned to a permanent duty station or workplace in the Commonwealth, the District of Columbia, or a state contiguous to the Commonwealth and resided in the Commonwealth; or (iii) assigned unaccompanied orders with the Commonwealth listed as the designated place move shall be deemed to be domiciled in the Commonwealth and are eligible to receive in-state tuition.
  3. All such dependents shall be afforded the same educational benefits as any other individual who is eligible for in-state tuition pursuant to § 23.1-502 . Such dependents are eligible for such benefits, including in-state tuition status, for as long as they are continuously enrolled in a public institution of higher education or private institution of higher education or have transferred between public institutions of higher education or private institutions of higher education or from an undergraduate degree program to a graduate degree program at a public institution of higher education or private institution of higher education, regardless of any change of duty station or residence of the military service member. Such continuous enrollment requirement shall be waived if the dependent verifies that a break of no longer than one year was required in order to support a spouse or parent on orders for a change of duty assignment or location.

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588; 2020, c. 382.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

The 2020 amendments.

The 2020 amendment by c. 382 added the last sentence of subsection C.

§ 23.1-505.1. (Effective August 1, 2022) Eligibility for in-state tuition and state financial assistance programs.

Notwithstanding § 23.1-502 or any other provision of law to the contrary, any student who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education or private institution of higher education in the Commonwealth, is eligible for in-state tuition regardless of citizenship or immigration status, except that students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J)(including only students or trainees), or 1101(a)(15)(M) are not eligible. All such students shall be afforded the same educational benefits, including access to financial assistance programs administered by the Council, the State Board, or a public institution of higher education, as any other individual who is eligible for in-state tuition pursuant to § 23.1-502 . Information obtained in the implementation of this section shall only be used or disclosed to individuals other than the student for purposes of determining such educational benefits.

Any non-Virginia student granted in-state tuition pursuant to this section shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.

History. 2021, Sp. Sess. I, cc. 107, 108.

Editor’s note.

Acts 2021, Sp. Sess. I, cc. 107 and 108, cl. 2 provides: “That the provisions of this act shall become effective on August 1, 2022.”

Acts 2021, Sp. Sess. I, cc. 107 and 108, cl. 3 provides: “That the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, shall promulgate regulations to implement the provisions of this act.”

§ 23.1-506. (Effective until August 1, 2022) Eligibility for in-state tuition; exception; certain out-of-state and high school students.

  1. Notwithstanding § 23.1-502 or any other provision of law to the contrary, the following students are eligible for in-state tuition charges regardless of domicile:
    1. Any non-Virginia student who resides outside the Commonwealth and has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement if such student has paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as the student is employed full time in the Commonwealth and the student pays Virginia income taxes on all taxable income earned in the Commonwealth.
    2. Any non-Virginia student who resides outside the Commonwealth and is claimed as a dependent for federal and Virginia income tax purposes if the nonresident parent claiming the student as a dependent has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement and paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as his qualifying parent is employed full time in the Commonwealth, pays Virginia income taxes on all taxable income earned in the Commonwealth, and claims the student as a dependent for Virginia and federal income tax purposes.
    3. Any active duty member, activated guard or reserve member, or guard or reserve member mobilized or on temporary active orders for 180 days or more who resides in the Commonwealth.
    4. Any veteran who resides in the Commonwealth.
    5. Any surviving spouse who resides in the Commonwealth.
    6. Following completion of active duty service, any non-Virginia student who established domicile before being called to active duty in the National Guard of another state if during such active duty he maintained at least one of the following in the Commonwealth: a driver’s license, motor vehicle registration, voter registration, employment, property ownership, or sources of financial support.
    7. Any member of the foreign service office who resided in the Commonwealth for at least 90 days immediately prior to receiving a foreign service assignment and who continues to be assigned overseas, and any dependents of such member.
    8. Any child of an active duty member or veteran who claims Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service.
    9. Any individual who (i) was admitted to the United States as a refugee under 8 U.S.C. § 1157 within the previous two calendar years or (ii) received a Special Immigrant Visa that has been granted a status under P.L. 110-181 § 1244, P.L. 109-163 § 1059, or P.L. 11-8 § 602 within the previous two calendar years and, upon entering the United States, resided in the Commonwealth and continues to reside in the Commonwealth as a refugee or pursuant to such Special Immigrant Visa.
    10. Any student who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. Students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except that students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J)(including only students or trainees), or 1101(a)(15)(M) are not eligible. Information obtained in the implementation of this subdivision shall only be used or disclosed to individuals other than the student for purposes of determining in-state tuition eligibility.
    11. Any non-Virginia student who is currently present in the Commonwealth as a result of being a victim of human trafficking. For the purposes of this subdivision, a person may be a victim of human trafficking regardless of whether any person has been charged with or convicted of any offense. Eligibility under this subdivision may be proved by a certification of such status as a victim of human trafficking by a federal, state, or local agency or not-for-profit agency, one of whose primary missions is to provide services to victims of human trafficking. For the purposes of this subdivision, “victim of human trafficking” means a victim of (i) a violation of clause (iii), (iv), or (v) of § 18.2-48 ; (ii) a felony violation of § 18.2-346 ; (iii) a violation of § 18.2-348 , 18.2-349 , 18.2-355 through 18.2-357.1 , or 18.2-368 ; or (iv) sex trafficking or severe forms of trafficking in persons as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7101 et seq. Public institutions of higher education shall automatically record any student qualifying for in-state tuition pursuant to this subdivision as opting out of making any directory or educational information available to the public unless the student voluntarily and affirmatively chooses to opt in to allowing such directory or educational information to be made available. Any non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.
  2. Notwithstanding the provisions of § 23.1-502 or any other provision of law to the contrary, the governing board of any public institution of higher education may charge in-state tuition to the following students regardless of domicile:
    1. Any non-Virginia student enrolled in one of the institution’s programs designated by the Council who (i) is entitled to reduced tuition charges at the institutions of higher education in any other state that is a party to the Southern Regional Education Compact and that has similar reciprocal provisions for Virginia students and (ii) is domiciled in such other state;
    2. Any non-Virginia student from a foreign country who is enrolled in a foreign exchange program approved by the institution of higher education during the same period in which a Virginia student from such institution is attending such foreign institution as an exchange student; and
    3. Any high school or magnet school student, not otherwise qualified for in-state tuition, who is enrolled in courses specifically designed as part of the high school or magnet school curriculum in a comprehensive community college for which he may, upon successful completion, receive high school and college credit pursuant to a dual enrollment agreement between the high school or magnet school and the comprehensive community college. Any non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a non-Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.
  3. The State Board shall charge in-state tuition to any non-Virginia student enrolled at a comprehensive community college who resides in another state within a 30-mile radius of a public institution of higher education in the Commonwealth, is domiciled in such other state, and is entitled to in-state tuition charges at the institutions of higher education in any state that is contiguous to the Commonwealth and that has similar reciprocal provisions for Virginia students.

    Any non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.

History. 2022, c. 795.

Editor’s note.

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 187 D, effective for the biennium ending June 30, 2022, provides: “Notwithstanding § 23.1-506 , Code of Virginia, the governing board of Old Dominion University may charge reduced tuition to any person enrolled in one of Old Dominion University’s TELETECHNET sites or higher education centers who lives within a 50-mile radius of the site/center, is domiciled in, and is entitled to in-state tuition charges in the institutions of higher learning in any state, or the District of Columbia, which is contiguous to Virginia and which has similar reciprocal provisions for persons domiciled in Virginia.”

The 2019 amendments.

The 2019 amendment by c. 329 added subdivision A 7.

The 2020 amendments.

The 2020 amendment by c. 642 added subdivision A 8.

The 2020 amendment by c. 680 added subdivision A 8, which was redesignated as subdivision A 9 at the direction of the Virginia Code Commission.

The 2020 amendments by cc. 766 and 767 are identical, and added subdivision A 8, which was redesignated as subdivision A 10 at the direction of the Virginia Code Commission, and precedes the last paragraph of subsection A.

The 2022 amendments.

The 2022 amendment by c. 795 added subdivision A 10.

The 2022 amendment by c. 795 added subdivision A 11.

§ 23.1-506. (Effective August 1, 2022) Eligibility for in-state tuition; exception; certain out-of-state and high school students.

  1. Notwithstanding § 23.1-502 or any other provision of law to the contrary, the following students are eligible for in-state tuition charges regardless of domicile:
    1. Any non-Virginia student who resides outside the Commonwealth and has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement if such student has paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as the student is employed full time in the Commonwealth and the student pays Virginia income taxes on all taxable income earned in the Commonwealth.
    2. Any non-Virginia student who resides outside the Commonwealth and is claimed as a dependent for federal and Virginia income tax purposes if the nonresident parent claiming the student as a dependent has been employed full time in the Commonwealth for at least one year immediately prior to the date of the alleged entitlement and paid Virginia income taxes on all taxable income earned in the Commonwealth for the tax year prior to the date of the alleged entitlement. Such student shall continue to be eligible for in-state tuition charges for so long as his qualifying parent is employed full time in the Commonwealth, pays Virginia income taxes on all taxable income earned in the Commonwealth, and claims the student as a dependent for Virginia and federal income tax purposes.
    3. Any active duty member, activated guard or reserve member, or guard or reserve member mobilized or on temporary active orders for 180 days or more who resides in the Commonwealth.
    4. Any veteran who resides in the Commonwealth.
    5. Any surviving spouse who resides in the Commonwealth.
    6. Following completion of active duty service, any non-Virginia student who established domicile before being called to active duty in the National Guard of another state if during such active duty he maintained at least one of the following in the Commonwealth: a driver’s license, motor vehicle registration, voter registration, employment, property ownership, or sources of financial support.
    7. Any member of the foreign service office who resided in the Commonwealth for at least 90 days immediately prior to receiving a foreign service assignment and who continues to be assigned overseas, and any dependents of such member.
    8. Any child of an active duty member or veteran who claims Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service.
    9. Any individual who (i) was admitted to the United States as a refugee under 8 U.S.C. § 1157 within the previous two calendar years or (ii) received a Special Immigrant Visa that has been granted a status under P.L. 110-181 § 1244, P.L. 109-163 § 1059, or P.L. 111-8 § 602 within the previous two calendar years and, upon entering the United States, resided in the Commonwealth and continues to reside in the Commonwealth as a refugee or pursuant to such Special Immigrant Visa.
    10. Any non-Virginia student who is currently present in the Commonwealth as a result of being a victim of human trafficking. For the purposes of this subdivision, a person may be a victim of human trafficking regardless of whether any person has been charged with or convicted of any offense. Eligibility under this subdivision may be proved by a certification of such status as a victim of human trafficking by a federal, state, or local agency or not-for-profit agency, one of whose primary missions is to provide services to victims of human trafficking. For the purposes of this subdivision, “victim of human trafficking” means a victim of (i) a violation of clause (iii), (iv), or (v) of § 18.2-48 ; (ii) a felony violation of § 18.2-346 ; (iii) a violation of § 18.2-348 , 18.2-349 , 18.2-355 through 18.2-357.1 , or 18.2-368 ; or (iv) sex trafficking or severe forms of trafficking in persons as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. § 7101 et seq. Public institutions of higher education shall automatically record any student qualifying for in-state tuition pursuant to this subdivision as opting out of making any directory or educational information available to the public unless the student voluntarily and affirmatively chooses to opt in to allowing such directory or educational information to be made available. Any non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.
  2. Notwithstanding the provisions of § 23.1-502 or any other provision of law to the contrary, the governing board of any public institution of higher education may charge in-state tuition to the following students regardless of domicile:
    1. Any non-Virginia student enrolled in one of the institution’s programs designated by the Council who (i) is entitled to reduced tuition charges at the institutions of higher education in any other state that is a party to the Southern Regional Education Compact and that has similar reciprocal provisions for Virginia students and (ii) is domiciled in such other state;
    2. Any non-Virginia student from a foreign country who is enrolled in a foreign exchange program approved by the institution of higher education during the same period in which a Virginia student from such institution is attending such foreign institution as an exchange student; and
    3. Any high school or magnet school student, not otherwise qualified for in-state tuition, who is enrolled in courses specifically designed as part of the high school or magnet school curriculum in a comprehensive community college for which he may, upon successful completion, receive high school and college credit pursuant to a dual enrollment agreement between the high school or magnet school and the comprehensive community college. Any non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a non-Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.
  3. The State Board shall charge in-state tuition to any non-Virginia student enrolled at a comprehensive community college who resides in another state within a 30-mile radius of a public institution of higher education in the Commonwealth, is domiciled in such other state, and is entitled to in-state tuition charges at the institutions of higher education in any state that is contiguous to the Commonwealth and that has similar reciprocal provisions for Virginia students.

    Any non-Virginia student granted in-state tuition pursuant to this subsection shall be counted as a Virginia student for the purposes of determining college admissions, enrollment, and tuition and fee revenue policies.

History. 2022, c. 795.

§ 23.1-507. University of Virginia’s College at Wise; reduced rate tuition charges for certain students.

  1. The board of visitors of the University of Virginia may charge reduced rate tuition to any student enrolled at the University of Virginia’s College at Wise who resides in Kentucky within a 50-mile radius of the University of Virginia’s College at Wise, is domiciled in Kentucky, and is entitled to in-state tuition charges at the institutions of higher education in Kentucky if Kentucky has similar reciprocal provisions for Virginia students.
  2. The board of visitors of the University of Virginia may charge reduced rate tuition to any student enrolled at the University of Virginia’s College at Wise who resides in Tennessee within a 50-mile radius of the University of Virginia’s College at Wise, is domiciled in Tennessee, and is entitled to in-state tuition charges at the institutions of higher education in Tennessee if Tennessee has similar reciprocal provisions for Virginia students.
  3. The board of visitors of the University of Virginia may charge reduced rate tuition to any student enrolled at the University of Virginia’s College at Wise who resides in the Appalachian Region as defined in 40 U.S.C. § 14102, is domiciled within the Appalachian Region, and is entitled to in-state tuition charges at a public institution of higher education in the Appalachian Region and such entitlement is based on circumstances that when applied to a student who resides in Virginia would result in entitlement to in-state tuition. Reduced rate tuition for students who reside in and are domiciled in the Appalachian Region shall not be set below the in-state tuition rate for Virginia students attending the University of Virginia’s College at Wise.
  4. The board of visitors of the University of Virginia may charge reduced rate tuition to any student enrolled in programs offered jointly by its partners or associates and the University of Virginia’s College at Wise at a regional off-campus center who resides in Tennessee within a 50-mile radius of the University of Virginia’s College at Wise, is domiciled in Tennessee, and is entitled to in-state tuition charges at the institutions of higher education in Tennessee if Tennessee has similar reciprocal provisions for Virginia students. Any such respective partners or associates shall establish separate tuition charges for their independent classes or programs at such regional off-campus centers.
  5. Any non-Virginia student granted reduced rate tuition pursuant to this section shall be counted as a non-Virginia student for the purposes of determining admissions, enrollment, and tuition and fee revenue policies.

History. 1996, cc. 931, 981, § 23-7.4:2; 1998, cc. 62, 79; 1999, cc. 424, 437; 2000, c. 196; 2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc. 76, 102, 112; 2008, c. 723; 2009, c. 470; 2011, c. 376; 2013, cc. 166, 243, 302; 2014, cc. 341, 762; 2016, c. 588; 2019, cc. 225, 600.

The 2019 amendments.

The 2019 amendments by c. 225, effective March 5, 2019, and c. 600, effective March 18, 2019, are identical, and inserted subsection C and redesignated remaining subsections accordingly.

§ 23.1-508. Special arrangement contracts; reduced rate tuition charges.

  1. Public institutions of higher education may enter into special arrangement contracts with employers in the Commonwealth or authorities controlling federal installations or agencies located in the Commonwealth for the purpose of providing reduced rate tuition charges for the employees of such employers or authorities who are non-Virginia students at such institutions when such employers or authorities assume the liability for paying, to the extent permitted by federal law, the tuition charges for such employees.
  2. Such special arrangement contracts may be (i) for group instruction in facilities provided by the employer or federal authority or in the institution’s facilities or (ii) on a student-by-student basis for specific employment-related programs.
  3. Special arrangement contracts are valid for a period not to exceed two years and shall be reviewed for legal sufficiency by the Office of the Attorney General prior to signing. All tuition charges agreed to by the public institutions shall be at least equal to in-state tuition and shall be granted only by the institution with which the employer or the federal authorities have a valid contract for students for whom the employer or federal authority is paying the tuition charges.
  4. All special arrangement contracts with authorities controlling federal installations or agencies shall include a specific number of students to be charged reduced tuition rates.
  5. Nothing in this section shall change the domicile of any student for the purposes of enrollment reporting or calculating the proportions of general funds and tuition and fees contributed to the cost of education.

History. 1996, cc. 931, 981, § 23-7.4:2; 1998, cc. 62, 79; 1999, cc. 424, 437; 2000, c. 196; 2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc. 76, 102, 112; 2008, c. 723; 2009, c. 470; 2011, c. 376; 2013, cc. 166, 243, 302; 2014, cc. 341, 762; 2016, c. 588.

§ 23.1-508.1. State Board; reduced rate tuition and mandatory fee charges; certain students who are active duty members of Armed Forces of the United States.

  1. The State Board may charge reduced rate tuition and mandatory fees to any student who is (i) an active duty member of the Armed Forces of the United States stationed outside the Commonwealth; (ii) enrolled in a degree program at a comprehensive community college, provided that any such comprehensive community college that offers online degree programs is a member of the National Council for State Authorization Reciprocity Agreements; and (iii) enrolled in training that leads to a Military Occupational Specialty in the Army or Marine Corps, an Air Force Specialty Code, or a Navy Enlisted Classification.
  2. Any student granted reduced rate tuition pursuant to this section shall be counted as a non-Virginia student for the purposes of determining college admissions and enrollment policies.

History. 2017, c. 782.

§ 23.1-509. In-state tuition; surcharge.

  1. For the purpose of this section:“Credit hour threshold” means 125 percent of the credit hours needed to satisfy the degree requirements for a specified undergraduate program.“Surcharge” means an amount equal to 100 percent of the average cost of a student’s education at the baccalaureate public institution of higher education that the student attends less tuition and mandatory educational and general fee charges assessed to a Virginia student who has not exceeded the credit hour threshold.
  2. Virginia students who enroll for the first time at baccalaureate public institutions of higher education after August 1, 2006, shall be assessed a surcharge for each semester beginning in which the student continues to be enrolled after such student has reached the credit hour threshold.
  3. In calculating the credit hour threshold, the following courses and credit hours shall be excluded: (i) remedial courses; (ii) transfer credits from another institution of higher education that do not meet degree requirements for general education courses or the student’s chosen program of study; (iii) advanced placement or international baccalaureate credits that were obtained while in high school or another secondary school program; and (iv) dual enrollment, college-level credits obtained by the student prior to receiving a high school diploma.
  4. The relevant baccalaureate public institution of higher education may waive the surcharge in accordance with guidelines and criteria established by the Council, which may include illness, disability, and active service in the Armed Forces of the United States.

History. 1984, c. 422, § 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588.

Editor’s note.

Acts 1993, c. 12, cl. 1 repealed Acts 1988, c. 124, cl. 2, which had provided that the amendments included in c. 124 would expire on July 1, 1993, and that the law would continue in force as it existed prior to July 1, 1988.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Jurisdiction. —

Under § 17.1-405 , the Virginia Court of Appeals only has jurisdiction over an appeal from an administrative agency, not over an administrative decision made by an entity that is not purely an administrative agency. The Court of Appeals thus lacks jurisdiction over a trial court decision on appeal from the determination of a state university pursuant to § 23-7.4; appellate jurisdiction of such cases lies in the Virginia Supreme Court under subdivision A 3 of § 8.01-670 . George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

In-state tuition properly denied. —

As a student admitted he relocated to Virginia for the primary purpose of attending law school, and many facts on which he relied to support his purported Virginia domicile could be deemed auxiliary to fulfilling his educational objectives or were also performed by temporary Virginia residents, he was properly denied in-state tuition under subsection B of § 23-7.4.George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

Denial of the student’s application for in-state tuition was supported by evidence that the student applied to several universities outside of Virginia and moved to Virginia only after being accepted to the university, the student gave inconsistent answers when asked whether he intended to stay in Virginia indefinitely, and the student returned to China for more than a month during the year in which he was supposedly establishing his Virginia domicile. Va. Commonwealth Univ. v. Zhuo Cheng Su, 283 Va. 446 , 722 S.E.2d 561, 2012 Va. LEXIS 53 (2012).

CIRCUIT COURT OPINIONS

No factor alone is determinative. —

All the factors for determining the right to in-state tuition status listed in § 23-7.4 shall be considered, but none of the factors alone are determinative of domiciliary intent or lack thereof. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Domiciliary intent. —

Where a student was presumed to have come to Virginia solely to attend school and the student’s wife did not indicate a commitment to remain in Virginia, the university residency appeals committee properly denied in-state tuition. Echols v. Va. Commonwealth Univ., 64 Va. Cir. 330, 2004 Va. Cir. LEXIS 197 (Richmond Apr. 5, 2004).

Employment factor broadly interpreted. —

While § 23-7.4 specifies that a written offer of employment should be considered a factor in determining domiciliary intent, the applicable regulation, former 8 VAC § 40-120-40 E. 10. c., broadly interprets that factor, and the Virginia Commonwealth University Residency Board must consider other evidence of likely future employment besides a written offer. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

In-state status found. —

Self-supporting graduate student, who moved to Virginia to live with her fiance and who intended to seek employment in Virginia and to obtain her license there, was entitled to in-state tuition status; the student showed 8 of the 10 factors for domiciliary status, and offered strong evidence of the ninth, future employment. The Virginia Commonwealth University Residency Board’s denial of in-state tuition status was arbitrary, capricious, and otherwise contrary to law. Kay v. Va. Commonwealth Univ., 57 Va. Cir. 136, 2001 Va. Cir. LEXIS 426 (Richmond Nov. 15, 2001).

Because a student established all 11 factors in § 23-7.4 to determine domiciliary intent and also presented many other factors evidencing an intent to remain in the Commonwealth, including the purchase of a home, a university’s residency committee denial of in-state tuition was arbitrary and capricious. Gauthier v. Va. Commonwealth Univ., 67 Va. Cir. 341, 2005 Va. Cir. LEXIS 158 (Richmond May 23, 2005).

In-state tuition properly denied. —

Pursuant to subsection A of § 23-7.4:3, the decision of a university’s domicile appeals committee to deny a student’s petition to be reclassified as an in-state student was not arbitrary, capricious, or contrary to law; the university could have reasonably concluded that a student failed to rebut, by clear and convincing evidence, the presumption contained in § 23-7.4 that he came to Virginia primarily to attend the university’s law school and that the steps the student took to establish his domicile in Virginia were auxiliary to fulfilling his educational objectives. Milakovich v. George Mason Univ., 75 Va. Cir. 11, 2008 Va. Cir. LEXIS 9 (Fairfax County Jan. 28, 2008).

Because a university reasonably concluded that a student came to Virginia primarily to attend its law school and that the steps the student took to establish Virginia as the student’s domicile were secondary or auxiliary to the full-time study of law, the university properly denied the student’s application for in-state tuition under § 23-7.4.O'Shea v. George Mason Univ., 82 Va. Cir. 566, 2007 Va. Cir. LEXIS 327 (Fairfax County July 13, 2007).

Illustrative cases. —

Student demonstrated by clear and convincing evidence that for more than one year prior to her request for in-state tuition entitlement, she was a bona fide domiciliary and that there was no reasonable factual basis to support the college’s decision to deny the student in-state tuition; the college’s decision was thus “arbitrary and capricious.” Lau v. Mary Washington College, 57 Va. Cir. 491, 2000 Va. Cir. LEXIS 635 (Fredericksburg Nov. 3, 2000).

University’s residency committee did not act arbitrarily or capriciously in denying a student in-state tuition status and in finding she had not changed her domicile, even though she displayed many of the factors listed in the statute, including living in the state for more than a year, paying in-state income tax, and holding in-state motor vehicle, vehicle registration, and voter identification cards. Those actions could be considered auxiliary to her educational purposes in the state and did not necessitate a finding that the student had changed her domicile. Gauthier v. Va. Commonwealth Univ., 64 Va. Cir. 395, 2004 Va. Cir. LEXIS 193 (Richmond May 4, 2004).

University’s decision that a student was not entitled to in-state tuition was arbitrary and capricious because the decision violated both the State Council of Higher Education for Virginia Domicile Guidelines and § 23-7.4, and the university departed from the established standard in determining the student’s domicile appeal; the university failed to isolate the core factors unique to the circumstances of the case as required by § 04.C of the Guidelines, and its methodology made the “last objective action” provided in State Council of Higher Education for Virginia Domicile Guideline § 04.C.1 an “essential act,” regardless of its relevance to the case or its categorization as a core factor, which was contrary to the statute’s mandate that all applicable factors were considered and even the Guidelines’ own requirement that no one factor is necessarily determinative and opposing facts must be balanced against each other. Veng v. George Mason Univ., 83 Va. Cir. 154, 2011 Va. Cir. LEXIS 91 (Fairfax County July 7, 2011), rev'd, No. 111776, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Dependents not qualified for waiver of residency nor deemed domiciliaries. —

Based on the limited facts provided, that the dependents of the service members described in the scenarios you present neither qualify for waiver of the one-year residency requirement, nor otherwise can be deemed domiciled in Virginia for purposes of in-state tuition based on the service member’s military status. See opinion of Attorney General to the Honorable Harry B. Blevins, Member, Senate of Virginia, 12-087, 2013 Va. AG LEXIS 10 (2/11/13).

§ 23.1-509.1. Alternative tuition or fee structures.

Any public institution of higher education may offer alternative tuition or fee structures to students that result in lower costs of attendance, including discounted tuition, flat tuition rates, discounted student fees, or student fee and student services flexibility, to any first-time, incoming freshman undergraduate student who (i) has established domicile, as that term is defined in § 23.1-500 , in the Commonwealth and (ii) enrolls full time with the intent to earn a degree in a program that leads to employment in a high-demand field in the region. Such an alternative tuition or fee structure may be renewed each year if the recipient maintains eligibility for the alternative tuition and fee structure. The State Council of Higher Education for Virginia shall offer guidance, upon request, to any public institution of higher education in establishing an alternative tuition or fee structure pursuant to this section.

History. 2016, c. 523.

Editor’s note.

Acts 2016, c. 523 amended former § 23-7.4:8, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 523 has been given effect in this section as set out above. To conform to c. 588, “23.1-500” was substituted for “23-7.4.”

Acts 2016, c. 523, cl. 2 provides: “That the State Council of Higher Education for Virginia (the Council) shall develop recommendations regarding financial incentives and benefits that might be offered to public institutions of higher education that offer alternative tuition or fee structures pursuant to this act. Such incentives and benefits may be related to targeted economic and innovation incentives pursuant to subdivision A 3 of § 23-38.87:16 [now § 23.1-305 A 3] of the Code of Virginia, base adequacy funding, or biennial assessments of institutional performance as set forth in Part 4 of the general appropriation act and § 23-9.6:1.01 [now § 23.1-206 ] of the Code of Virginia. The Council shall report its recommendations to the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education no later than November 1, 2016.”

Effective date.

This section is effective October 1, 2016.

§ 23.1-510. Determinations of eligibility; appeals and guidelines.

  1. Each public institution of higher education shall establish an appeals process for those students who are aggrieved by decisions regarding eligibility for in-state or reduced rate tuition charges pursuant to this chapter. The Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to these administrative reviews.
  2. Each appeals process shall include an initial determination, an intermediate review of the initial determination, and a final administrative review. The final administrative decision shall be in writing. A copy of this decision shall be sent to the student. Either the intermediate review or the final administrative review shall be conducted by an appeals committee consisting of an odd number of members. No individual who serves at one level of this appeals process is eligible to serve at any other level of this appeals process. All such due process procedures shall be in writing and shall include time limitations in order to provide for orderly and timely resolutions of all disputes.
  3. Any party aggrieved by a final administrative decision has the right to review in the circuit court for the jurisdiction in which the relevant institution is located. A petition for review of the final administrative decision shall be filed within 30 days of receiving the written decision. In any such action, the institution shall forward the record to the court, whose function is only to determine whether the decision reached by the institution could reasonably be said, on the basis of the record, not to be arbitrary, capricious, or otherwise contrary to law.
  4. To ensure the application of uniform criteria in administering this section and determining eligibility for in-state tuition charges, the Council shall issue and revise domicile guidelines to be incorporated by all public institutions of higher education in their admissions applications. Such guidelines are not subject to the Administrative Process Act (§ 2.2-4000 et seq.). The Council shall consult with the Office of the Attorney General and provide opportunity for public comment prior to issuing any such guidelines.
  5. An advisory committee composed of at least 10 representatives of public institutions of higher education and private institutions of higher education shall be appointed by the Council each year to cooperate with the Council in developing the guidelines for determining eligibility or revisions of such guidelines.

History. 1996, cc. 931, 981, § 23-7.4:3; 2016, c. 588.

Editor’s note.

Acts 2006, c. 806, cl. 2, provides: “That, upon the passage of this provision and pursuant to subsection B of § 23-7.4:3 [now this section], the State Council of Higher Education shall revise its guidelines for determining in-state tuition charges, which are not subject to the Administrative Process Act, to incorporate subsection E of § 23-7.4 by July 1, 2006, including, but not limited to, notice to students who may be or may become subject to the surcharge and guidelines and criteria for granting waivers of the surcharge.”

CASE NOTES

Some of the cases below were decided under prior law.

In-state tuition properly denied. —

As a student admitted he relocated to Virginia for the primary purpose of attending law school, and many facts on which he relied to support his purported Virginia domicile could be deemed auxiliary to fulfilling his educational objectives or were also performed by temporary Virginia residents, he was properly denied in-state tuition under subsection B of § 23-7.4.George Mason Univ. v. Floyd, 275 Va. 32 , 654 S.E.2d 556, 2008 Va. LEXIS 11 (2008).

Denial of the student’s application for in-state tuition was supported by evidence that the student applied to several universities outside of Virginia and moved to Virginia only after being accepted to the university, the student gave inconsistent answers when asked whether he intended to stay in Virginia indefinitely, and the student returned to China for more than a month during the year in which he was supposedly establishing his Virginia domicile. Va. Commonwealth Univ. v. Zhuo Cheng Su, 283 Va. 446 , 722 S.E.2d 561, 2012 Va. LEXIS 53 (2012).

Circuit court erred in finding that a university’s decision to deny a student’s tuition reclassification request was arbitrary, capricious, and contrary to law because it exceeded the scope of its review by reweighing the evidence and substituting its judgment for that of the university; ample evidence supported the university’s conclusion that the student failed to prove her alleged Virginia domicile and reinforced the primacy of education as her reason for residing in Virginia. George Mason Univ. v. Malik, 296 Va. 289 , 819 S.E.2d 420, 2018 Va. LEXIS 138 (2018).

CIRCUIT COURT OPINIONS

In-state tuition properly denied. —

Pursuant to subsection A of § 23-7.4:3, the decision of a university’s domicile appeals committee to deny a student’s petition to be reclassified as an in-state student was not arbitrary, capricious, or contrary to law; the university could have reasonably concluded that a student failed to rebut, by clear and convincing evidence, the presumption contained in § 23-7.4 that he came to Virginia primarily to attend the university’s law school and that the steps the student took to establish his domicile in Virginia were auxiliary to fulfilling his educational objectives. Milakovich v. George Mason Univ., 75 Va. Cir. 11, 2008 Va. Cir. LEXIS 9 (Fairfax County Jan. 28, 2008).

Although the student lived in Virginia for more than one year, registered a car in Virginia, registered to vote in Virginia, had declared financial independence from the student’s parents, had obtained a job in Virginia, and procured a bank account in Virginia, the university’s denial of the student’s in-state tuition application was not arbitrary or capricious where the student moved to the state only after being admitted to the university and the student reduced the student’s enrollment to part-time because the student could not afford full-time attendance, a clearly education purpose. Wittich v. George Mason Univ., 75 Va. Cir. 311, 2008 Va. Cir. LEXIS 67 (Fairfax County July 3, 2008).

University’s decision that a student was not entitled to in-state tuition was arbitrary and capricious because the decision violated both the State Council of Higher Education for Virginia Domicile Guidelines and § 23-7.4, and the university departed from the established standard in determining the student’s domicile appeal; the university failed to isolate the core factors unique to the circumstances of the case as required by § 04.C of the Guidelines, and its methodology made the “last objective action” provided in State Council of Higher Education for Virginia Domicile Guideline § 04.C.1 an “essential act,” regardless of its relevance to the case or its categorization as a core factor, which was contrary to the statute’s mandate that all applicable factors were considered and even the Guidelines’ own requirement that no one factor is necessarily determinative and opposing facts must be balanced against each other. Veng v. George Mason Univ., 83 Va. Cir. 154, 2011 Va. Cir. LEXIS 91 (Fairfax County July 7, 2011), rev'd, No. 111776, 2012 Va. LEXIS 232 (Va. Sept. 14, 2012).

No due process violation based on lack of evidentiary hearing. —

University’s failure to provide the student an opportunity to be heard on an application for in-state tuition at an evidentiary hearing did not violate the student’s due process rights because there was no requirement that the student be afforded an evidentiary hearing. Wittich v. George Mason Univ., 75 Va. Cir. 311, 2008 Va. Cir. LEXIS 67 (Fairfax County July 3, 2008).

Chapter 6. Financial Assistance.

Article 1. General Provisions.

§ 23.1-600. Participation in and eligibility for state-supported financial aid programs.

  1. Participation in and eligibility for state-supported financial aid or other higher education programs designed to promote greater racial diversity in public institutions of higher education shall not be restricted on the basis of race or ethnic origin. Any individual who is a member of any federally recognized minority is eligible for and may participate in such programs if such individual meets all other qualifications for admission to the relevant institution and the specific program.
  2. Individuals who have completed a program of home instruction in accordance with § 22.1-254.1 and individuals who have been excused from school attendance pursuant to subsection B of § 22.1-254 shall be deemed to have met the high school graduation requirements for purposes of eligibility for any state-supported financial aid or other higher education programs. When a high school grade point average, class rank, or other academic criteria are specified as a condition of participating in a program, the Council shall develop empirical alternative equivalent measures that may be required for such programs.

History. 1993, c. 843, § 23-7.1:02; 2009, c. 879; 2016, c. 588.

§ 23.1-601. Public institutions of higher education; grants for tuition and fees for certain individuals.

  1. Each comprehensive community college shall and any other associate-degree-granting public institution of higher education or baccalaureate public institution of higher education may provide a grant for the payment of tuition and fees, except fees established for the purpose of paying for course materials such as laboratory fees, for any Virginia student who:
      1. Has received a high school diploma or has passed a high school equivalency examination approved by the Board of Education and was in foster care or in the custody of the Department of Social Services or is considered a special needs adoption at the time such diploma or certificate was awarded; or
      2. Was in foster care when he turned 18 and subsequently received a high school diploma or passed a high school equivalency examination approved by the Board of Education;
    1. Is enrolled or has been accepted for enrollment as a full-time or part-time student, taking a minimum of six credit hours per semester, in a degree or certificate program of at least one academic year in length or in a noncredit workforce credential program in a comprehensive community college;
    2. Has not been enrolled in postsecondary education as a full-time student for more than five years or does not have a bachelor’s degree;
    3. Maintains the required grade point average established by the governing board of the institution at which he is enrolled;
    4. Has submitted complete applications for federal student financial aid programs for which he may be eligible;
    5. Demonstrates financial need; and
    6. Meets any additional financial need requirements established by the governing board of the institution at which he is enrolled for the purposes of such grant.
  2. The State Board and the Council, in consultation with the Department of Social Services, shall establish regulations governing such grants. The regulations shall include provisions addressing renewals of grants, financial need, the calculation of grant amounts after consideration of any additional financial resources or aid the student holds, the minimum grade point average required to retain such grant, and procedures for the repayment of tuition and fees for failure to meet the requirements imposed by this section.

History. 2000, c. 968, § 23-7.4:5; 2009, cc. 430, 603; 2014, c. 84; 2016, c. 588; 2017, cc. 306, 318; 2019, c. 589.

The 2017 amendments.

The 2017 amendments by cc. 306 and 318 are identical, and inserted “or in a noncredit workforce credential program” in subdivision A 2, and inserted “complete” in subdivision A 5.

The 2019 amendments.

The 2019 amendment by c. 589, in subsection A, inserted “and any other associate-degree-granting public institution of higher education or baccalaureate public institution of higher education may”; in subdivisions A 4 and 7, substituted “governing board of the institution at which he is enrolled” for “State Board”; in subsection B, substituted “Board and the Council, in consultation with the” for “Board, in consultation with the Council and the”; and made stylistic changes.

§ 23.1-602. Payments to institutions of higher education for certain courses taken by law-enforcement officers.

  1. The Department of Criminal Justice Services shall enter into contracts to make payments to public institutions of higher education and accredited private institutions of higher education whose primary campus is within the Commonwealth for tuition, books, and mandatory fees for any law-enforcement officer of the Commonwealth or its political subdivisions, departments, or authorities or any locality of the Commonwealth who (i) is enrolled on a full-time or part-time basis in courses included in an undergraduate or graduate program that leads to a degree or certificate in an area relating to law enforcement or suitable for law-enforcement officers and (ii) enters into an agreement to continue to serve as a law-enforcement officer in the Commonwealth upon completion of his course of study for a period at least as long as the length of the course of study undertaken and paid for under the provisions of this section and, in the event that he does not complete such service, to repay the full amount of such payments on the terms and in the manner that the Department of Criminal Justice Services prescribes.
  2. Any individual who receives the benefit of funds expended pursuant to this section shall reimburse such funds to the Department of Criminal Justice Services if he fails to satisfactorily complete the course for which the funds were expended.The Department of Criminal Justice Services shall use such reimbursed funds in accordance with the purposes of this section.

History. 1972, c. 697, § 23-9.2:4; 1974, c. 162; 1977, c. 162; 1982, c. 18; 1986, c. 236; 2016, c. 588.

§ 23.1-603. State cadets; Mary Baldwin College and Virginia Polytechnic Institute and State University; financial assistance awards.

From funds appropriated by the Commonwealth to Mary Baldwin College for the Virginia Women’s Institute for Leadership and to Virginia Polytechnic Institute and State University, each such institution’s governing board may provide for financial assistance awards to students designated as state cadets on terms and conditions comparable to the provisions of § 23.1-2506 .

History. 1996, c. 203, § 23-31.1; 2016, c. 588.

§ 23.1-604. Investment of funds donated for scholarships.

  1. When any person deposits moneys in, bequeaths moneys to be deposited in, or devises or bequeaths property to be sold and the proceeds to be deposited in the state treasury for the benefit of any institution of higher education in such an amount that the interest on such moneys is sufficient to cover the costs of tuition, mandatory fees, and other necessary expenses for a cadet or student enrolled in such institution, the moneys shall be invested in securities that are legal investments under the laws of the Commonwealth for public funds in the name and for the benefit of such institution.
  2. Such donation is irrevocable, but the donor, his heirs, or the guardian of any heir who is under 21 years old may nominate and place in such institution any cadet or student.
  3. If such donor, heirs, or guardian fails to nominate a cadet or student within one year of such donation, the governing board of the institution may appropriate such moneys to cover tuition, mandatory fees, and other necessary expenses for indigent Virginia students or cadets.

History. Code 1919, §§ 994, 995, 996; 1936, p. 536, §§ 23-32, 23-33, 23-34; 1956, c. 184; 2016, c. 588.

§ 23.1-605. Commissioned officers; waiver of tuition and mandatory fees.

Any commissioned officer of the Virginia National Guard or the Virginia Defense Force may become a student at any public institution of higher education for a period not exceeding 10 months and receive instruction in the departments of military science, emergency management, emergency services, public safety, and disaster management at such institution without being required to pay tuition and mandatory fees.

History. Code 1919, § 846, § 23-108; 1983, c. 385; 2014, c. 778; 2016, c. 588.

§ 23.1-606. Service in Armed Forces of the United States; discharge of scholarship service obligations.

Any length of service by any individual in the Armed Forces of the United States as an officer, private, or nurse or in any other capacity in time of war or other declared national emergency is a complete and final discharge of any obligation of such individual to serve the Commonwealth as a teacher in the public schools or in any other capacity, including any such obligation that has been reduced or computed into terms of a monetary obligation in lieu of such service, arising by virtue of any statute or of any contract entered into between such individual and any public institution of higher education in consideration of any state scholarship awarded to or received by such individual as a student in such institution, provided that such service is terminated by an honorable or medical discharge and such individual entered such service within four years after leaving such institution.

History. 1942, p. 504; Michie Code 1942, § 997c, § 23-38; 2016, c. 588.

§ 23.1-607. Compensation of cooperating teachers.

  1. As used in this section, “cooperating teacher” means an individual licensed by the Board of Education who meets the criteria established by the relevant institution of higher education and is engaged in supervising and evaluating one or more student teachers.
  2. In addition to the provisions of § 22.1-290.1 relating to compensation of certain licensed teachers while engaged in supervising and evaluating student teachers, any institution of higher education engaged in educating students to be teachers may, from such funds as may be available for such purpose, develop and implement a program to compensate public school or private school teachers who agree to be cooperating teachers. Such compensation programs may provide for payment in the form of money or authorization to enroll without charge for a designated number of credit hours in the school, department, or other unit of the institution of higher education at which the student teacher being supervised is enrolled.

History. 1994, c. 533, § 23-8.2:1; 2016, c. 588.

§ 23.1-607.1. Veterans; withdrawal; tuition refund.

  1. As used in this section, “veteran” has the same meaning as provided in § 23.1-500 .
  2. Each public institution of higher education shall provide a refund of the tuition and mandatory fees paid by any veteran student for any course from which such veteran student is forced to withdraw, for the first time, due to a service-connected medical condition during a semester, as certified in writing to the institution by a physician licensed to practice medicine pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 who treated the veteran student for such medical condition. Such refund shall not be issued when three-quarters of a course has been completed at the time that the veteran student withdraws from the course. The time period that constitutes three-quarters of a course shall be determined by the institution.
  3. Nothing in this section shall be construed to affect any such student’s ability to reenroll at the institution.

History. 2020, c. 434.

§ 23.1-608. (Effective until July 1, 2022) Virginia Military Survivors and Dependents Education Program; tuition and fee waivers.

  1. As used in this section, unless the context requires a different meaning:“Domicile” has the same meaning as provided in § 23.1-500 .“Program” means the Virginia Military Survivors and Dependents Education Program.“Qualified survivors and dependents” means the spouse or a child between the ages of 16 and 29 (i) of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict, was killed, became missing in action, or became a prisoner of war or (ii) of a veteran who served in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard and, due to such service, has been rated by the U.S. Department of Veterans Affairs as totally and permanently disabled or at least 90 percent permanently disabled and has been discharged or released under conditions other than dishonorable. However, the Commissioner of Veterans Services may certify dependents above the age of 29 in those cases in which extenuating circumstances prevented the dependent child from using his benefits before the age of 30.
  2. The Virginia Military Survivors and Dependents Education Program is established for the purpose of waiving tuition and mandatory fees at a public institution of higher education or Eastern Virginia Medical School for qualified survivors and dependents who have been admitted to such institution and meet the requirements of subsection C, as certified by the Commissioner of Veterans Services.
  3. Admitted qualified survivors and dependents are eligible for a waiver of tuition and mandatory fees pursuant to this section if the military service member who was killed, became missing in action, became a prisoner of war, or is disabled (i) established domicile (a) at the time of entering such active military service or called to active duty as a member of the Reserves of the Armed Forces of the United States or Virginia National Guard; (b) at least five years immediately prior to, or had a physical presence in the Commonwealth for at least five years immediately prior to, the date on which the admission application was submitted by or on behalf of such qualified survivor or dependent for admission to such institution of higher education or Eastern Virginia Medical School; or (c) on the date of his death and for at least five years immediately prior to his death or had a physical presence in the Commonwealth on the date of his death and had a physical presence in the Commonwealth for at least five years immediately prior to his death; (ii) in the case of a qualified child, is deceased and the surviving parent, at some time previous to marrying the deceased parent, established domicile for at least five years, or established domicile or had a physical presence in the Commonwealth for at least five years immediately prior to the date on which the admission application was submitted by or on behalf of such child; or (iii) in the case of a qualified spouse, is deceased and the surviving spouse, at some time previous to marrying the deceased spouse, established domicile for at least five years or had a physical presence in the Commonwealth for at least five years prior to the date on which the admission application was submitted by such qualified spouse.
  4. The Department of Veterans Services shall disseminate information about the Program to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004 an overview of the agency’s policies and strategies relating to dissemination of information about the Program and Fund.
  5. Each public institution of higher education and Eastern Virginia Medical School shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.

History. 1996, cc. 931, 981, § 23-7.4:1; 1998, c. 377; 2001, c. 330; 2003, cc. 657, 670; 2005, cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717; 2011, cc. 572, 586; 2012, c. 776; 2013, c. 719; 2014, cc. 184, 657; 2015, cc. 38, 730; 2016, c. 588; 2019, cc. 317, 491.

Editor’s note.

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 464 C, effective for the biennium ending June 30, 2022, provides: “1. Notwithstanding § 23.1-608 , Code of Virginia, the department shall provide the State Council of Higher Education in Virginia the information these schools need to administer the Virginia Military Survivors and Dependent Education Program. The department shall retain the responsibility to certify the eligibility of those who apply for financial aid under this program.

“2. No surviving spouse or child may receive the education benefits provided by § 23.1-608 , Code of Virginia, and funded by this or similar state appropriations, for more than four years or its equivalent.”

The 2019 amendments.

The 2019 amendments by cc. 317 and 491 are identical, and in subsection A, deleted the definition for “Fund,” which read: “ ‘Fund’ means the Virginia Military Survivors and Dependents Education Fund”; and in the definition for “Qualified survivors and dependents,” inserted “(i)” and “(ii)” and substituted “served in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard and, due to such” for “as a direct result of such”; deleted former subsections D through F regarding the Virginia Military Survivors and Dependents Education Fund; in subsection D, deleted “and Fund” following “Program”; and made a stylistic change.

The 2022 amendments.

The 2022 amendment by c. 442 added the last sentence in subsection A in the definition of “Qualified survivors and dependents”; and added the last sentence in subsection C.

§ 23.1-608. (Effective July 1, 2022) Virginia Military Survivors and Dependents Education Program; tuition and fee waivers.

  1. As used in this section, unless the context requires a different meaning: “Domicile” has the same meaning as provided in § 23.1-500 . “Program” means the Virginia Military Survivors and Dependents Education Program. “Qualified survivors and dependents” means the spouse or a child between the ages of 16 and 29 (i) of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict, was killed, became missing in action, or became a prisoner of war or (ii) of a veteran who served in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard and, due to such service, has been rated by the U.S. Department of Veterans Affairs as totally and permanently disabled or at least 90 percent permanently disabled and has been discharged or released under conditions other than dishonorable. However, the Commissioner of Veterans Services may certify dependents above the age of 29 in those cases in which extenuating circumstances prevented the dependent child from using his benefits before the age of 30. For purposes of this section, a child who is a stepchild of a deceased military service member described in this section shall receive all benefits described in this section as a child of such military service member if the military service member claimed the stepchild on his tax return or on his Defense Enrollment Eligibility Reporting System while serving on active duty.
  2. The Virginia Military Survivors and Dependents Education Program is established for the purpose of waiving tuition and mandatory fees at a public institution of higher education or Eastern Virginia Medical School for qualified survivors and dependents who have been admitted to such institution and meet the requirements of subsection C, as certified by the Commissioner of Veterans Services.
  3. Admitted qualified survivors and dependents are eligible for a waiver of tuition and mandatory fees pursuant to this section if the military service member who was killed, became missing in action, became a prisoner of war, or is disabled (i) established domicile (a) at the time of entering such active military service or called to active duty as a member of the Reserves of the Armed Forces of the United States or Virginia National Guard; (b) at least five years immediately prior to, or had a physical presence in the Commonwealth for at least five years immediately prior to, the date on which the admission application was submitted by or on behalf of such qualified survivor or dependent for admission to such institution of higher education or Eastern Virginia Medical School; or (c) on the date of his death and for at least five years immediately prior to his death or had a physical presence in the Commonwealth on the date of his death and had a physical presence in the Commonwealth for at least five years immediately prior to his death; (ii) in the case of a qualified child, is deceased and the surviving parent, at some time previous to marrying the deceased parent, established domicile for at least five years, or established domicile or had a physical presence in the Commonwealth for at least five years immediately prior to the date on which the admission application was submitted by or on behalf of such child; or (iii) in the case of a qualified spouse, is deceased and the surviving spouse, at some time previous to marrying the deceased spouse, established domicile for at least five years or had a physical presence in the Commonwealth for at least five years prior to the date on which the admission application was submitted by such qualified spouse. In any case under this subsection, the Commissioner of the Department of Veterans Services shall have the authority to consider the domicile or physical presence requirements under clause (i) (c) through the surviving spouse or under clause (iii) through the surviving student if the military service member or surviving spouse dies after having established physical presence within the Commonwealth but before such requirements can be met.
  4. The Department of Veterans Services shall disseminate information about the Program to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004 an overview of the agency’s policies and strategies relating to dissemination of information about the Program and Fund.
  5. Each public institution of higher education and Eastern Virginia Medical School shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.

History. 1996, cc. 931, 981, § 23-7.4:1; 1998, c. 377; 2001, c. 330; 2003, cc. 657, 670; 2005, cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717; 2011, cc. 572, 586; 2012, c. 776; 2013, c. 719; 2014, cc. 184, 657; 2015, cc. 38, 730; 2016, c. 588; 2019, cc. 317, 491; 2022, c. 442.

§ 23.1-608.1. Virginia Military Survivors and Dependents Education Fund; stipends.

  1. As used in this section:“Fund” means the Virginia Military Survivors and Dependents Education Fund.“Qualified survivors and dependents” means the spouse or a child between the ages of 16 and 29 (i) of a military service member who, while serving as an active duty member in the Armed Forces of the United States, Reserves of the Armed Forces of the United States, or Virginia National Guard, during military operations against terrorism, on a peacekeeping mission, as a result of a terrorist act, or in any armed conflict, was killed, became missing in action, or became a prisoner of war or (ii) of a veteran who, as a direct result of such service, has been rated by the U.S. Department of Veterans Affairs as totally and permanently disabled or at least 90 percent permanently disabled and has been discharged or released under conditions other than dishonorable. However, the Commissioner of Veterans Services may certify dependents above the age of 29 in those cases in which extenuating circumstances prevented the dependent child from using his benefits before the age of 30.
  2. From such funds as may be appropriated and from such gifts, bequests, and any gifts, grants, or donations from public or private sources, the Virginia Military Survivors and Dependents Education Fund is established for the sole purpose of providing financial assistance, in an amount (i) up to $2,000 or (ii) as provided in the general appropriation act, for room and board charges, books and supplies, and other expenses at any public institution of higher education or Eastern Virginia Medical School for the use and benefit of qualified survivors and dependents, provided that the maximum amount to be expended for each such survivor or dependent pursuant to this subsection shall not exceed, when combined with any other form of scholarship, grant, or waiver, the actual costs relating to the survivor’s or dependent’s educational expenses allowed under this subsection.
  3. Each year, from the funds available in the Fund, the Council and each public institution of higher education and Eastern Virginia Medical School shall determine the amount and the manner in which financial assistance shall be made available to beneficiaries and shall make that information available to the Commissioner of Veterans Services for distribution.
  4. The Council shall disburse to each public institution of higher education and Eastern Virginia Medical School the funds appropriated or otherwise made available by the Commonwealth to support the Fund and shall report to the Commissioner of Veterans Services the beneficiaries’ completion rate.
  5. The Department of Veterans Services shall disseminate information about the Fund to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004 an overview of the agency’s policies and strategies relating to dissemination of information about the Fund.
  6. Each public institution of higher education and Eastern Virginia Medical School shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.

History. 2019, cc. 317, 491.

§ 23.1-609. Surviving spouses and children of certain individuals; tuition and fee waivers.

  1. The surviving spouse and any child between the ages of 16 and 25 of an individual who was killed in the line of duty while employed or serving as a (i) law-enforcement officer, including as a campus police officer appointed under Article 3 (§ 23.1-809 et seq.) of Chapter 8, sworn law-enforcement officer, firefighter, special forest warden pursuant to § 10.1-1135 , member of a rescue squad, special agent of the Virginia Alcoholic Beverage Control Authority, state correctional, regional or local jail officer, regional jail or jail farm superintendent, sheriff, or deputy sheriff; (ii) member of the Virginia National Guard while serving on official state duty or federal duty under Title 32 of the United States Code; or (iii) member of the Virginia Defense Force while serving on official state duty, and any individual whose spouse was killed in the line of duty while employed or serving in any of such occupations, is entitled to a waiver of undergraduate tuition and mandatory fees at any public institution of higher education under the following conditions:
    1. The chief executive officer of the deceased individual’s employer certifies that such individual was so employed and was killed in the line of duty while serving or living in the Commonwealth; and
    2. The surviving spouse or child is admitted to, enrolls at, and is in attendance at such institution and applies to such institution for the waiver. Waiver recipients who make satisfactory academic progress are eligible for renewal of such waiver.
  2. Institutions that grant such waivers shall waive the amounts payable for tuition, institutional charges and mandatory educational and auxiliary fees, and books and supplies but shall not waive user fees such as room and board charges.
  3. Each public institution of higher education shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.

History. 1996, cc. 931, 981, § 23-7.4:1; 1998, c. 377; 2001, c. 330; 2003, cc. 657, 670; 2005, cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717; 2011, cc. 572, 586; 2012, c. 776; 2013, c. 719; 2014, cc. 184, 657; 2015, cc. 38, 730; 2016, c. 588.

Editor’s note.

Acts 2015, cc. 38 and 730, cl. 4, as amended by Acts 2017, cc. 698 and 707, cl. 2, provides: “That the provisions of this act shall become effective on January 15, 2018, except that the provisions of the (i) thirteenth, fourteenth, and fifteenth enactments of this act shall become effective on July 1, 2015; (ii) third enactment of this act shall become effective on July 1, 2018; and (iii) eleventh enactment of this act shall become effective on January 1, 2019.”

Acts 2015, cc. 38 and 730 amended § 23-7.4:1, from which this section is derived. The 2015 amendments by cc. 38 and 730, effective January 15, 2018, are identical and substituted “Virginia Alcoholic Beverage Control Authority” for “Department of Alcoholic Beverage Control” in subsection A.

§ 23.1-610. (Effective until July 1, 2022) Members of the National Guard; grants.

  1. Any individual who (i) is a member of the Virginia National Guard and has a minimum remaining obligation of two years, (ii) has satisfactorily completed required initial active duty service, (iii) is satisfactorily performing duty in accordance with regulations of the National Guard, and (iv) is enrolled in any course or program at any public institution of higher education or accredited nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education is eligible for a grant in the amount of the difference between the full cost of tuition and any other educational benefits for which he is eligible as a member of the National Guard. Application for a grant shall be made to the Department of Military Affairs. Grants shall be awarded from funds made available for the purpose by the Department of Military Affairs.
  2. Notwithstanding the requirement in subsection A that a member of the Virginia National Guard have a minimum of two years remaining on his service obligation, if a member is activated or deployed for federal military service, an additional day shall be added to the member’s eligibility for the grant for each day of active federal service, up to 365 days. Additional credit or credit for state duty may be given at the discretion of the Adjutant General.

History. 1996, cc. 931, 981, § 23-7.4:2; 1998, cc. 62, 79; 1999, cc. 424, 437; 2000, c. 196; 2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc. 76, 102, 112; 2008, c. 723; 2009, c. 470; 2011, c. 376; 2013, cc. 166, 243, 302; 2014, cc. 341, 762; 2016, c. 588.

The 2022 amendments.

The 2022 amendment by c. 604 deleted the former last two sentences in subsection A, which read: “Application for a grant shall be made to the Department of Military Affairs. Grants shall be awarded from funds made available for the purpose by the Department of Military Affairs”; rewrote subsection B, which read: “Notwithstanding the requirement in subsection A that a member of the Virginia National Guard have a minimum of two years remaining on his service obligation, if a member is activated or deployed for federal military service, an additional day shall be added to the member’s eligibility for the grant for each day of active federal service, up to 365 days. Additional credit or credit for state duty may be given at the discretion of the Adjutant General”; and added subsection C.

The 2022 amendment by c. 605 in subsection A, added the current last two sentences and deleted the former last two sentences, which read: “Application for a grant shall be made to the Department of Military Affairs. Grants shall be awarded from funds made available for the purpose by the Department of Military Affairs”; rewrote subsection B, which read: “Notwithstanding the requirement in subsection A that a member of the Virginia National Guard have a minimum of two years remaining on his service obligation, if a member is activated or deployed for federal military service, an additional day shall be added to the member’s eligibility for the grant for each day of active federal service, up to 365 days. Additional credit or credit for state duty may be given at the discretion of the Adjutant General”; and added subsection C.

The 2022 amendments by cc. 691 and 748 are identical, and added subsection C, subsequently redesignated subsection D by the Virginia Code Commission.

§ 23.1-610. (Effective July 1, 2022) Members of the National Guard; grants.

  1. Any individual who (i) is a member of the Virginia National Guard and has a minimum remaining obligation of two years, (ii) has satisfactorily completed required initial active duty service, (iii) is satisfactorily performing duty in accordance with regulations of the National Guard, and (iv) is enrolled in any course or program at any public institution of higher education or accredited nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education is eligible for a grant in the amount of the difference between the full cost of tuition and any other educational benefits for which he is eligible as a member of the National Guard. Grants provided under this section shall be subject to limitation based on the amount of funds appropriated for such purpose. If applications for grants exceed the amount of funding appropriated, the Department of Military Affairs (the Department) shall issue grants to eligible recipients based on the order in which applications were received.
  2. Application for a grant shall be made to the Department of Military Affairs (the Department) no later than 30 days prior to the beginning of an academic semester. The Department shall determine whether an applicant is eligible for the grant as described in subsection A and communicate acceptance and any additional requirements determined by the Department in writing no later than 30 days after receipt of an application. Applicants eligible for a grant pursuant to this section shall:
    1. Satisfy all financial obligations with the institution of higher education at the beginning of each semester; and
    2. Provide written proof of acceptable academic performance and good standing with the institution of higher education for the current term to the Department no later than 30 days following the end of a term or semester. Upon the receipt of proof of academic performance and continued good standing to the Department, the Department shall issue grants in a manner and amount that is consistent with regulations promulgated by the Adjutant General. As used in this subdivision, “academic performance” means (i) achieving a passing grade in each course during the semester and (ii) maintaining a cumulative grade point average of at least 2.0 on a scale of 4.0 or its equivalent, and “good standing” means that the individual has fulfilled all obligations to the institution of higher education.
  3. Any member of the Virginia National Guard receiving grants under this section shall incur a single two-year service obligation to the Virginia National Guard. The two-year obligation shall commence on the last day of the last term or semester for which tuition assistance was awarded. Service in the inactive National Guard, the active duty or reserve forces of the United States, or the National Guard of any other state shall not count as applicable service toward fulfilling this incurred service obligation. Federal active duty mobilizations occurring while still a member of the Virginia National Guard and state active duty for the Commonwealth shall count toward the two-year service obligation.
  4. The Department may utilize grant funding in order to recruit qualified applicants for service in the Virginia National Guard. The yearly funding amount for such recruitment shall be at the discretion of the Adjutant General and the Department and not exceed $50,000 per fiscal year.

History. 1996, cc. 931, 981, § 23-7.4:2; 1998, cc. 62, 79; 1999, cc. 424, 437; 2000, c. 196; 2001, c. 483; 2004, cc. 501, 520; 2006, cc. 783, 797; 2007, cc. 76, 102, 112; 2008, c. 723; 2009, c. 470; 2011, c. 376; 2013, cc. 166, 243, 302; 2014, cc. 341, 762; 2016, c. 588; 2022, cc. 604, 605, 691, 748.

§ 23.1-610.1. Veteran Student Transition Grant Fund and Program.

  1. There is hereby created in the state treasury a special nonreverting fund to be known as the Veteran Student Transition Grant Fund, referred to in this section as “the Fund.” The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of providing grants through the Veteran Student Transition Grant Program established pursuant to subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the director of the Council.
  2. The Council shall establish the Veteran Student Transition Grant Program (the Program) for the purpose of providing grants through the Veteran Student Transition Grant Fund established in subsection A on a competitive basis to a public institution of higher education, private institution of higher education eligible to participate in the Tuition Assistance Grant Program pursuant to § 23.1-628 , or group of such institutions that proposes a new and innovative program or research project relating to improving the transition of veteran students from military to higher education or from higher education to the civilian workforce.
  3. The Council shall administer the Program and shall establish such guidelines and procedures as it deems necessary for the administration of the Program, including guidelines and procedures for grant applications, awards, and renewals.

History. 2020, c. 636.

§ 23.1-611. Students from foreign countries; student exchange programs; tuition and fee waivers.

Tuition and mandatory fees may be waived for a student from a foreign country enrolled in a public institution of higher education through a student exchange program approved by such institution, provided that the number of students from a foreign country for whom tuition and mandatory fees has been waived does not exceed during any three-year period the number of students from a foreign country who are enrolled through such student exchange program and who pay full tuition and mandatory fees to the institution.

History. 1996, cc. 931, 981, § 23-7.4:1; 1998, c. 377; 2001, c. 330; 2003, cc. 657, 670; 2005, cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717; 2011, cc. 572, 586; 2012, c. 776; 2013, c. 719; 2014, cc. 184, 657; 2015, cc. 38, 730; 2016, c. 588.

§ 23.1-611.1. Financial aid award notification.

Any comprehensive financial aid award notification provided to a student by a public institution of higher education or private institution of higher education shall meet the requirements and best practices established by the Council in its Financial Aid Award Letters Policies and Guidance.

History. 2019, cc. 571, 572.

Article 2. Scholarships.

§ 23.1-612. Unfunded scholarships.

  1. The governing board of each public institution of higher education may establish unfunded scholarships that are subject to such regulations and conditions as the governing board establishes and the following limitations and restrictions:
    1. All such scholarships shall be applied exclusively to the remission, in whole or in part, of tuition and mandatory fees.
    2. The governing board shall determine the number of such scholarships annually awarded to undergraduate Virginia students and non-Virginia students.
    3. The total value of all such scholarships annually awarded to undergraduate Virginia students shall not exceed the amount of the applicable sum of undergraduate tuition and mandatory fees multiplied by 20 percent of the enrollment of undergraduate Virginia students during the preceding academic year.
    4. The total value of all such scholarships annually awarded by an institution to undergraduate non-Virginia students shall not exceed the amount of the applicable per capita out-of-state tuition differential paid by undergraduate non-Virginia students for tuition and mandatory fees multiplied by 20 percent of the enrollment of undergraduate non-Virginia students during the preceding academic year.
    5. All such scholarships awarded to undergraduate students shall be awarded only to students in the first four years of undergraduate work and shall be awarded and renewed on a selective basis to students of character and ability who are in need of financial assistance. For purposes of determining need under this section, each governing board shall use a nationally recognized needs-analysis system approved by the Council.
    6. The governing board of each public institution of higher education shall determine the number of such scholarships annually awarded to graduate students or teachers serving as clinical faculty pursuant to § 22.1-290.1. The total value of all such scholarships annually awarded to such graduate students and clinical faculty shall not exceed the amount of the sum of graduate tuition and mandatory fees multiplied by the number of teachers serving as clinical faculty pursuant to § 22.1-290.1 and graduate students who are employed as teaching assistants, graduate assistants, or research assistants with significant academic or academic support responsibilities and who are paid a stipend of at least $2,000 in the particular academic year. All unfunded scholarships awarded to graduate students or teachers serving as clinical faculty shall be awarded and renewed on a selective basis to such graduate students and clinical faculty of character and ability.
    7. An unfunded scholarship shall entitle the holder to the following award, as appropriate:
      1. An undergraduate Virginia student may receive an annual remission of an amount not to exceed the cost of tuition and mandatory fees;
      2. An undergraduate non-Virginia student may receive an annual remission not to exceed the amount of the out-of-state tuition differential required to be paid by the student for tuition and mandatory fees;
      3. A qualified graduate student may receive an annual remission of an amount not to exceed the cost of tuition and mandatory fees; and
      4. A teacher serving as clinical faculty may receive an award as determined by the governing board of the institution.
    8. Notwithstanding the limitations on the awards of unfunded scholarships to undergraduate students pursuant to subdivision A 7, an institution may award unfunded scholarships to visiting foreign exchange students as long as the number of such awards in any fiscal year does not exceed one quarter of one percent of the total institutional headcount enrollment.
  2. No public institution of higher education shall remit any tuition or mandatory fees to any student at such institution except as authorized in this section. Each such institution shall make a report to the Council, upon request, showing the number and value of scholarships awarded under this section according to each student classification.
  3. Nothing in this section shall be construed to prevent or limit in any way the admission of state cadets at Virginia Military Institute or to affect the remission of tuition, mandatory fees, or other charges to such state cadets as permitted under existing law.
  4. Nothing in this section shall be construed to affect or limit in any way the control of the governing boards of the respective institutions over (i) any other scholarships, (ii) any gifts or donations made to such institutions for scholarships or other special purposes, (iii) any funds provided by the federal government or otherwise for the purpose of career and technical education or vocational rehabilitation in the Commonwealth, or (iv) any funds derived from endowment or appropriations from the federal government for instruction in agriculture and mechanic arts at land-grant universities.
  5. Nothing in this section shall be construed to prevent the governing board of any public institution of higher education from fixing a tuition charge for Virginia students reasonably lower than that for non-Virginia students.
  6. Nothing in this section or any other provision of law shall prohibit the awarding of 10 full tuition unfunded scholarships each year by Old Dominion University under the terms and conditions provided for in a deed conveying certain property in Norfolk known as the Old Larchmont School made July 5, 1930, between the City of Norfolk and The College of William and Mary in Virginia.
  7. Nothing in this section shall be construed to limit other financial aid programs provided pursuant to state law.

History. Code 1919, § 993; 1936, p. 447, § 23-31; 1952, c. 139; 1964, c. 440; 1966, c. 621; 1974, c. 317; 1975, c. 397; 1976, c. 189; 1977, cc. 296, 319; 1979, cc. 136, 145, 730; 1990, c. 447; 1992, c. 103; 1996, c. 103; 1999, cc. 424, 437; 2001, c. 483; 2002, cc. 158, 257; 2004, cc. 58, 176, 195, 739; 2014, c. 594; 2016, c. 588.

§ 23.1-613. Alumni scholarships.

The alumni association of any public institution of higher education may provide for and maintain a scholarship fund by annual contributions under such criteria as may be prescribed.

History. Code 1919, § 997, § 23-35; 2016, c. 588.

§ 23.1-614. Nursing scholarships.

  1. As used in this section:“Graduate nursing program” means a program at a school of nursing that leads to a master’s degree or doctorate in nursing or a field relating to nursing activities.“Undergraduate nursing program” means a program at a school of nursing that leads to an associate degree, diploma, or baccalaureate degree in nursing.
  2. Annual nursing scholarships are established for part-time and full-time Virginia students enrolled in undergraduate and graduate nursing programs or first-year Virginia students at the beginning of their first academic year who present to the advisory committee established pursuant to subsection D a notice of intention to pursue an undergraduate nursing program.
  3. Undergraduate nursing scholarships shall not exceed $2,000 annually. Graduate nursing scholarships shall not exceed $4,000 annually. No scholarship shall be less than $150 annually. Scholarship funds shall be paid directly to the recipient.
  4. Each nursing scholarship shall be made by an advisory committee appointed by the State Board of Health that consists of eight members, four of whom shall be deans or directors of schools of nursing or their designees, two of whom shall be past recipients of nursing scholarships awarded pursuant to this section, two of whom shall have experience in the administration of student financial aid programs, and at least two of whom shall not have served as members of the advisory committee during the previous two years. Appointments shall be for two-year terms. No member of the advisory committee is eligible to serve more than two consecutive two-year terms immediately succeeding any unexpired term for which such member was appointed.
  5. Awards shall be made upon such basis, competitive or otherwise, as determined by the advisory committee, with due regard for scholastic attainments, character, need, and adaptability of the applicant for the service contemplated in such award. No award shall be made if the applicant fails to possess the requisite qualifications. With due consideration of the number of applications and the qualifications of all such applicants, the advisory committee shall, to the extent that it is practicable, award an equal number of scholarships among the various congressional districts within the Commonwealth.
  6. Before any such scholarship is awarded, the applicant shall agree in a signed written contract to complete a nursing program and, upon completion, to promptly begin and continuously engage in nursing work in the Commonwealth in a region with a critical shortage of nurses for one month for each $100 of scholarship awarded. The requirement for continuous engagement in nursing work may be waived by the advisory committee if the scholarship recipient requests leave to pursue an undergraduate or graduate degree in nursing or relating to nursing activities. The contract shall contain such other provisions as the State Board of Health determines to be necessary to accomplish the purposes of the scholarship.
  7. Each scholarship shall be awarded for a single award year and may be renewed annually for up to four additional award years upon a showing of satisfactory progress toward completion of the relevant nursing program.

History. 1950, pp. 1291, 1292, §§ 23-35.9, 23-35.10, 23-35.11, 23-35.12, 23-35.13; 1956, c. 644; 1962, c. 81; 1966, c. 162; 1968, c. 441; 1970, c. 653; 1973, c. 401; 1974, c. 654; 1989, c. 330; 2002, c. 290; 2016, c. 588.

§ 23.1-615. Soil scientist scholarships.

  1. The Virginia Polytechnic Institute and State University Board of Visitors may establish up to 20 annual soil scientist scholarships for Virginia students in an amount equal to tuition and mandatory fees at Virginia Polytechnic Institute and State University.
  2. Each scholarship award shall be made upon such basis, competitive or otherwise, as is determined by the president or other proper officer of the institution of higher education (institution) that the applicant plans to attend, with due regard to the scholastic achievements, character, and adaptability of the applicant to the service contemplated under such award. No award shall be made unless the applicant possesses the requisite qualifications.
  3. Each such scholarship shall be awarded for a single award year and may be renewed annually for up to three additional award years upon a showing of satisfactory progress.
  4. Before any such scholarship is awarded, the applicant shall agree in a signed written contract to pursue soil science at the institution at which the scholarship is awarded until his graduation and, upon graduating, to promptly begin and engage continuously as a soil scientist as an employee of the Commonwealth for as many years as he was a beneficiary of such scholarship, unless no such suitable vacancy exists as an employee of the Commonwealth, in which case the obligation of such contract shall be discharged by being continuously engaged in the Commonwealth as a soil scientist as an employee of a local, state, or federal government agency for as many years as he was a beneficiary of such scholarship. The contract shall contain such other provisions as Virginia Polytechnic Institute and State University deems necessary to accomplish the purposes of the scholarship. In the event that the holder of any awarded soil scientist scholarship dies while receiving instruction under such a scholarship, any balance unpaid and agreed to be repaid by the holder of such scholarship shall be deemed paid, and no liability shall be attached to his estate.
  5. Such contract shall contain a clause under which the applicant shall be relieved of his obligation to serve the Commonwealth as a soil scientist, for a period equal to that during which he was a beneficiary of such scholarship, at any time that he (i) fails to maintain a scholastic standard at least equal to the standard required of the general student body at such institution or (ii) becomes permanently disabled and is not able to engage in the profession of soil scientist, upon certification by a faculty committee. Any applicant so relieved shall arrange to reimburse the Commonwealth for the amount received on account of such scholarship plus interest on such amount computed at the prevailing rate charged on student loans at the institution attended by the applicant. Any applicant who so reimburses the Commonwealth and subsequently fulfills the terms of his contract by completing his studies and serving the Commonwealth as a soil scientist for a period equal to that during which he received such scholarship shall be reimbursed from the general fund of the state treasury the amount of the scholarship and interest previously repaid to the Commonwealth. This reimbursement shall be made on any contract made under the provisions of this subsection.
  6. All funds repaid by any applicant pursuant to subsection E shall be paid into the state treasury and shall become a part of the general fund. The governing board of the institution attended by the applicant shall collect such payments and shall pay all moneys so received into the state treasury promptly. If any applicant fails to abide by the terms of such contract, such fact shall be communicated to the Attorney General by the proper officer of the institution or by the employing state agency. The Attorney General shall take such action as he deems proper.
  7. The funds making up each scholarship shall be paid to the recipient or applied toward the payment of his expenses at the relevant institution in such a manner and at such a time during the academic year as the president or other proper officer determines.
  8. There is appropriated to Virginia Polytechnic Institute and State University from the general fund of the state treasury the sum of $8,000 each year of the biennium for carrying out the purpose of this section.

History. 1970, c. 620, §§ 23-38.3, 23-38.4, 23-38.5, 23-38.6, 23-38.7, 23-38.9, 23-38.10; 1972, c. 188; 2016, c. 588.

§ 23.1-615.1. Enslaved Ancestors College Access Scholarship and Memorial Program.

  1. The Enslaved Ancestors College Access Scholarship and Memorial Program (the Program) is established for the purpose of reckoning with the history of the Commonwealth, addressing the long legacy of slavery in the Commonwealth, and acknowledging that the foundational success of several public institutions of higher education was based on the labor of enslaved individuals.
  2. Consistent with the purpose set forth in subsection A, Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia Military Institute, and The College of William and Mary in Virginia shall each implement and execute the Program, with any source of funds other than state funds or tuition or fee increases, by annually (i) identifying and memorializing, to the extent possible, all enslaved individuals who labored on former and current institutionally controlled grounds and property and (ii) providing a tangible benefit such as a college scholarship or community-based economic development program for individuals or specific communities with a demonstrated historic connection to slavery that will empower families to be lifted out of the cycle of poverty.
  3. The Council shall collaborate with the institutions set forth in subsection B to establish guidelines for the implementation of the Program, including guidelines for the identification of all enslaved individuals who labored on former and current institutionally controlled grounds and property, the development of appropriate means to memorialize these individuals, the development of programs for individuals and communities still experiencing the legacy of slavery to empower them to break the cycle of poverty, eligibility criteria for participation in such programs, and the duration of such programs.
  4. Each institution set forth in subsection B shall continue the activities set forth in subsection B pursuant to the Program for a period equal in length to the period during which the institution used enslaved individuals to support the institution or until scholarships have been awarded to a number of recipients equal to 100 percent of the population of enslaved individuals identified pursuant to subsection B who labored on former and current institutionally controlled grounds and property, whichever occurs first.
  5. Each institution set forth in subsection B shall annually submit to the Council information on the implementation of the Program. The Council shall compile such information in a report and submit such report no later than November 1 of each year to the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.
  6. Each private institution of higher education with a legacy of slavery that is similar to that of any institution set forth in subsection B is strongly encouraged to participate in the Program on a voluntary basis.

History. 2021, Sp. Sess. I, c. 442.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 442, cl. 2 provides: “That the State Council of Higher Education for Virginia shall collaborate with Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia Military Institute, and The College of William and Mary in Virginia to establish guidelines for the Enslaved Ancestors College Access Scholarship and Memorial Program, as created by this act, pursuant to the provisions of this act no later than July 1, 2022.”

Effective date.

This section is effective July 1, 2021.

§ 23.1-616. Stephen J. Wright Scholars Program established.

The Graduate Student Recruitment Program and the Southern Regional Education Board Minority Doctoral Program established in the general appropriation act are renamed and established as the Stephen J. Wright Scholars Program for the purpose of fostering scholarship among the Commonwealth’s graduate students and retaining the Commonwealth’s outstanding and promising young adults through awards based on scholarship and achievement.

History. 1997, cc. 713, 746, § 23-38.53:11; 2016, c. 588.

Article 3. Student Loan Funds.

§ 23.1-617. Definitions.

As used in this article, unless the context requires a different meaning:

“Fund” means a student loan fund.

“Institution” means a public institution of higher education that has established a student loan fund from appropriations from the general fund of the state treasury for fellowships, scholarships, and loans.

“Student” means a medical student, dental student, intern, resident, or undergraduate student who is entitled to reduced rate tuition charges pursuant to Chapter 5 (§ 23.1-500 et seq.).

History. 1978, c. 745, § 23-38.10:2; 2016, c. 588.

§ 23.1-618. Loans to students.

  1. Any institution may make loans from its fund only to needy students who might be unable to attend such institution without such loans and who are duly admitted into degree or certificate programs at the institution. Such loans shall be made upon such terms and according to such rules as may be prescribed by the governing board of the institution.
  2. In any one academic year, no student shall receive a loan from the fund of an institution that would result in such student owing a net outstanding amount at the end of that year in excess of the tuition and mandatory fees charged by the institution.
  3. The rate of interest charged on loans to students from a fund is three percent annually.

History. 1978, c. 745, § 23-38.10:3; 1991, c. 590; 2016, c. 588.

§ 23.1-619. Collection of loans.

For each loan made from its fund, each institution shall:

  1. Include in loan documents for each loan an individual plan for the repayment of principal and interest and the payment of any late fees and clear and detailed information about the collection process for such loan pursuant to the Virginia Debt Collection Act (§ 2.2-4800 et seq.), including information about the agency or entity that is responsible for collection;
  2. Establish a process for notifying each student or, in the case of an undergraduate student and as appropriate, the student’s parent of any loan payment that is past due no later than (i) 30 days after the payments become past due and (ii) if necessary, the end of the academic term during which such payment becomes past due; and
  3. Make every effort to collect each loan and comply with the Virginia Debt Collection Act (§ 2.2-4800 et seq.) with regard to the collection of such loans, provided that, notwithstanding §§ 2.2-4805 and 2.2-4806 , the institution may, with the consent of the borrower, modify the terms of any loan for which payments are past due to provide for repayment forbearance on such loan and repayment to commence on a mutually agreed-upon date in the future. Prior to entering into any such agreement, the institution shall provide the borrower with information regarding the effect of a forbearance on the loan amount, including (i) the amount of any additional accumulated principal and interest and (ii) the estimated total amount to be owed upon recommenced payments.

History. 1978, c. 745, § 23-38.10:4; 1988, c. 544; 2016, c. 588; 2018, c. 786.

The 2018 amendments.

The 2018 amendment by c. 786 rewrote the section, which read “Each institution shall make every effort to collect each loan made from its fund and comply with the Virginia Debt Collection Act (§ 2.2-4801 et seq.) with regard to the collection of such loans.”

§ 23.1-620. Biennial audits.

The Auditor of Public Accounts shall at least biennially audit and exhibit the account of the fund of each institution.

History. 1978, c. 745, § 23-38.10:6; 1991, c. 590; 2016, c. 588.

§ 23.1-621. Additional student loan funds.

  1. Whenever an institution’s fund is inadequate to carry out fully the purpose for which the fund was established, the governing board and chief executive officer of such institution, with the prior written consent and approval of the Governor, are authorized, for the purpose of providing an additional fund, to borrow from such sources and on such terms as may be approved by the Governor an amount not to exceed $25,000 and provide for such extensions or renewals of such loans as may be necessary. Such additional fund shall be used only in making loans to students as provided in this article and for no other purpose.
  2. The repayments and interest accretions to the additional fund shall be used insofar as may be necessary to repay the indebtedness of the institution created by the governing board and chief executive officer in establishing such additional fund.
  3. Such additional amounts may be borrowed as may be deemed necessary by the governing board and chief executive officer of the institution, with the Governor’s approval, but in no event shall the amount of the additional fund, including cash, notes receivable, and all amounts borrowed and not repaid exceed $50,000.
  4. Accounts shall be kept and reports rendered for each such additional fund in all respects as required by this article for funds created by appropriations from the general fund of the state treasury and the Auditor of Public Accounts shall biennially exhibit in his report the amount of the additional fund at each institution.

History. 1978, c. 745, § 23-38.10:7; 2016, c. 588.

Article 4. Two-Year College Transfer Grant Program.

§ 23.1-622. Definitions.

As used in this article, unless the context requires a different meaning:

“Eligible institution” means a baccalaureate public institution of higher education or baccalaureate nonprofit private institution of higher education whose primary purpose is to provide undergraduate collegiate education and not to provide religious training or theological education.

“Grant” means the amount of financial assistance awarded under this article whether disbursed by warrant directly to an eligible institution or directly to a Virginia student.

“Program” means the Two-Year College Transfer Grant Program.

History. 2007, cc. 850, 899, § 23-38.10:8; 2016, c. 588.

§ 23.1-623. Two-Year College Transfer Grant Program; Council regulations.

  1. The Two-Year College Transfer Grant Program is created to provide financial assistance to eligible students, beginning with the first-time entering freshman class of the fall 2007 academic year, for the costs of attending an eligible institution. Funds may be paid to any eligible institution on behalf of students who have been awarded financial assistance pursuant to § 23.1-624 .
  2. The Council shall adopt regulations for the implementation of the provisions of this article and the disbursement of funds consistent with the provisions of this article that are appropriate to the administration of the Program.

History. 2007, cc. 850, 899, § 23-38.10:9; 2016, c. 588.

§ 23.1-624. Eligibility criteria.

  1. Grants shall be made under the Program to or on behalf of Virginia students who (i) maintained a cumulative grade point average of at least 3.0 on a scale of 4.0 or its equivalent while enrolled in an associate degree program at an associate-degree-granting public institution of higher education, (ii) have received an associate degree at an associate-degree-granting public institution of higher education, (iii) have enrolled in an eligible institution by the fall or spring following the award of such associate degree, (iv) have applied for financial aid, and (v) have demonstrated financial need, defined as an Expected Family Contribution (EFC) of no more than $12,000 as calculated by the federal government using the family’s financial information reported on the Free Application for Federal Student Aid (FAFSA) form.
  2. Eligibility for a grant under the Program is limited to three academic years. Grants under the Program shall be used only for undergraduate coursework in educational programs other than those providing religious training or theological education.
  3. To remain eligible for a grant under the Program, a student shall continue to demonstrate financial need as defined in subsection A, maintain a cumulative grade point average of at least 3.0 on a scale of 4.0 or its equivalent, and make satisfactory academic progress toward a degree.
  4. Individuals who have failed to meet the federal requirement to register for the Selective Service are not eligible to receive grants pursuant to this article. However, an individual who has failed to register for the Selective Service shall not be denied a right, privilege, or benefit under this section if (i) the requirement to so register has terminated or become inapplicable to the individual and (ii) the individual shows by a preponderance of the evidence that the failure to register was not a knowing and willful failure to register.

History. 2007, cc. 850, 899, § 23-38.10:10; 2014, c. 806; 2016, c. 588; 2017, cc. 102, 297.

The 2017 amendments.

The 2017 amendments by cc. 102 and 297 are identical, and substituted “$12,000” for “8,000” in clause (v) of subsection A.

§ 23.1-625. Amount of award.

The amount of the grant for an eligible student shall be provided in accordance with the general appropriation act and shall be fixed at $1,000 per academic year. An additional $1,000 per academic year shall be provided to eligible students pursuing undergraduate coursework in engineering, mathematics, nursing, teaching, or science.

History. 2007, cc. 850, 899, § 23-38.10:11; 2016, c. 588.

§ 23.1-626. Determination of domicile.

For the purposes of determining a student’s eligibility for a grant, the enrolling institution shall determine domicile as provided in § 23.1-502 and the Council’s domicile guidelines.

History. 2007, cc. 850, 899, § 23-38.10:12; 2016, c. 588.

§ 23.1-627. State financial aid eligibility.

  1. Eligible institutions shall reduce a student’s state financial aid eligibility by the amount of the grant awarded pursuant to this article.
  2. Grants shall not be reduced by virtue of an eligible student’s receipt of any other financial aid from any other source except when the total of the grant and such other financial aid would enable the student to receive total financial assistance in excess of the estimated cost to the student of attending the institution in which he is enrolled.

History. 2007, cc. 850, 899, § 23-38.10:13; 2016, c. 588.

Article 4.1. New Economy Workforce Credential Grant Program.

§ 23.1-627.1. Definitions.

As used in this article, unless the context requires a different meaning:

“Board” means the Virginia Board of Workforce Development.

“Competency-based” means awarded on the basis of demonstrated knowledge and skills rather than completion of instructional hours or participation in an instructional course or program.

“Council” means the State Council of Higher Education for Virginia.

“Eligible institution” means a comprehensive community college, the Institute for Advanced Learning and Research, New College Institute, Richard Bland College, Roanoke Higher Education Center, Southern Virginia Higher Education Center, or Southwest Virginia Higher Education Center.

“Eligible student” means any Virginia student enrolled at an eligible institution who is domiciled in the Commonwealth as provided in § 23.1-500 , as determined by the eligible institution.

“Fund” means the New Economy Workforce Credential Grant Fund.

“Grant” means a New Economy Workforce Credential Grant.

“High-demand field” means a discipline or field in which there is a shortage of skilled workers to fill current job vacancies or anticipated additional job openings.

“Industry-recognized” means demonstrating competency or proficiency in the technical and occupational skills identified as necessary for performing functions of an occupation based on standards developed or endorsed by employers and industry organizations.

“Noncredit workforce credential” means a competency-based, industry-recognized, portable, and third-party-validated certification or occupational license in a high-demand field.

“Noncredit workforce training program” means a program at an eligible institution that leads to an occupation or a cluster of occupations in a high-demand field, which program may include the attainment of a noncredit workforce credential. “Noncredit workforce training program” may include a program that receives funding pursuant to the Carl D. Perkins Career and Technical Education Improvement Act of 2006, P.L. 109-270. “Noncredit workforce training program” shall not include certificates of completion.

“Portable” means recognized by multiple employers or educational institutions and, where appropriate, across geographic areas.

“Program” means the New Economy Workforce Credential Grant Program.

“Third-party-validated” means having an external process in place for determining validity and relevance in the workplace and for continuous alignment of demonstrated knowledge and skills with industry workforce needs.

History. 2016, cc. 326, 470.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:14, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above. The phrase “this article” was substituted for “this chapter” and “23.1-500” was substituted for “23-7.4” to conform to c. 588.

Acts 2016, cc. 326 and 470, cl. 2 provides: “That comprehensive community colleges, the Institute for Advanced Learning and Research, New College Institute, Richard Bland College, Roanoke Higher Education Center, Southern Virginia Higher Education Center, and Southwest Virginia Higher Education Center are authorized to offer noncredit workforce training programs consistent with the provisions of the New Economy Workforce Credential Grant Program as set forth in this act.”

Acts 2019, c. 582, cl. 2 provides “That nothing in the provisions of this act shall be construed to deem any student who participates in any course pursuant to a College and Career Access Pathways Partnership eligible for a grant pursuant to the New Economy Workforce Credential Grant Program established in Article 4.1 ( § 23.1-627.1 et seq.) of Chapter 6 of Title 23.1 of the Code of Virginia.”

Effective date.

This section is effective October 1, 2016.

§ 23.1-627.2. New Economy Workforce Credential Grant Program; purpose.

The New Economy Workforce Credential Grant Program is established for the purpose of (i) creating and sustaining a demand-driven supply of credentialed workers for high-demand occupations in the Commonwealth by addressing and closing the gap between the skills needed by workers in the Commonwealth and the skills of the available workforce in the Commonwealth; (ii) expanding the affordability of workforce training and credentialing; and (iii) increasing the interest of current and future Virginia workers in technician, technologist, and trade-level positions to fill the available and emerging jobs in the Commonwealth that require less than a bachelor’s degree but more than a high school diploma.

History. 2016, cc. 326, 470.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:15, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

§ 23.1-627.3. New Economy Workforce Credential Grant Fund and Program established; administration.

  1. There is hereby created in the state treasury a special nonreverting fund to be known as the New Economy Workforce Credential Grant Fund. The Fund shall be established on the books of the Comptroller. All moneys appropriated by the General Assembly, and from any other sources, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of disbursing moneys to eligible institutions for the award of grants pursuant to the Program. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the director of the Council.
  2. There is hereby established a New Economy Workforce Credential Grant Program for the purpose of disbursing moneys from the Fund to eligible institutions for the award of grants to benefit students pursuant to this article.
  3. The Council shall administer the Program and shall carry out the goals and purposes of the Program set forth in this article. In administering the Program, the Council (i) shall require eligible institutions to provide student-specific data and make final decisions on any dispute between eligible institutions and grant recipients; (ii) shall undertake periodic assessments of the overall success of the Program and recommend modifications, interventions, and other actions based on such assessment; and (iii) may adopt such regulations for the administration of the Program as it deems necessary and appropriate.
  4. The Council shall instruct the Comptroller to annually disburse moneys to eligible institutions on a first-come, first-served basis as eligible students enroll in noncredit workforce training programs, giving priority to noncredit workforce training programs in high-demand fields in which employer demand is currently unmet by the available workforce. No more than one-quarter of the moneys in the Fund shall be disbursed annually to any eligible institution. The Council shall set forth the procedure by which eligible institutions shall notify the Council when eligible students enroll in noncredit workforce training programs identified by the governing board of the eligible institution pursuant to subsection E.
  5. The Board shall make recommendations to eligible institutions to help determine high-demand fields for which noncredit workforce training programs may be offered pursuant to the Program. The governing board of each eligible institution shall determine the noncredit workforce training programs offered pursuant to the Program.

History. 2016, cc. 326, 470; 2019, c. 578.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:16, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above. The phrase “this article” was substituted for “this article” to conform to c. 588.

Effective date.

This section is effective October 1, 2016.

The 2019 amendments.

The 2019 amendment by c. 578, in subsection D, substituted “giving priority to noncredit workforce training programs in high-demand fields in which employer demand is currently unmet by the available workforce. No” for “identified by the governing board of the eligible institution pursuant to subsection E, provided that no” and “shall be disbursed” for “are disbursed.”

§ 23.1-627.4. Student grants.

  1. Subject to the availability of funds, any eligible student who enrolls in a noncredit workforce training program offered by an eligible institution pursuant to the Program may apply for and be awarded a grant to cover two-thirds of the cost of the noncredit workforce training program, provided that at the time of enrollment the eligible student pays one-third of the cost of the noncredit workforce training program and signs an agreement to complete the noncredit workforce training program or pay an additional one-third of the program cost in the event of noncompletion. Upon the presentation of satisfactory proof of completion of the noncredit workforce training program by the eligible student, the Council shall reimburse the institution in an amount equal to one-third of the cost of the program. Upon the presentation of satisfactory proof of the attainment of a noncredit workforce credential by the eligible student, the Council shall reimburse the institution in an amount equal to one-third of the cost of the program. However, the Council shall not reimburse any eligible institution more than $3,000 per completed noncredit workforce training program per eligible student pursuant to the Program.
  2. Grants shall not be reduced by an eligible student’s concurrent receipt of financial aid from any other source except in cases in which the grant and such other financial aid would result in total assistance in excess of tuition, fees, books, and other allowable costs of completing the noncredit workforce credential program.

History. 2016, cc. 326, 470.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:17, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

§ 23.1-627.5. Board of Workforce Development to keep a list of high-demand fields and related noncredit workforce training programs and credentials.

The Board shall maintain and update a list of high-demand fields and the related noncredit workforce training programs and noncredit workforce credentials on its website.

History. 2016, cc. 326, 470.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:18, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

§ 23.1-627.6. Eligible institutions; academic credit; noncredit workforce credentials.

Each eligible institution that participates in the Program shall adopt a policy for the award of academic credit to any eligible student who has earned a noncredit workforce credential that is applicable to the student’s certificate or degree program requirements.

History. 2016, cc. 326, 470.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:19, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

§ 23.1-627.7. Eligible institutions and the Council; reporting.

  1. No later than January 1 of each year, each eligible institution shall submit to the Council a report with data from the previous fiscal year on noncredit workforce training program completion and noncredit workforce credential attainment by eligible students participating in the Program that includes:
    1. A list of the noncredit workforce credentials offered, by name and certification entity;
    2. The number of eligible students who enrolled in noncredit workforce credentials programs;
    3. The number of eligible students who completed noncredit workforce credentials programs;
    4. The number of eligible students who attained noncredit workforce credentials after completing noncredit workforce training programs, by credential name and relevant industry sector; and
    5. The average cost per noncredit workforce credential attained, by credential name and relevant industry sector.
  2. The Council shall compile the data provided pursuant to subsection A and annually report such data, in the aggregate and by eligible institution, to the Board and the General Assembly. Such report shall also include information on the wages, including average wage and other relevant information, of students who have completed noncredit workforce training programs by credential name and relevant industry sector.

History. 2016, cc. 326, 470; 2017, c. 329.

Editor’s note.

Acts 2016, cc. 326 and 470, enacted former § 23-38.10:20, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by cc. 326 and 470 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

The 2017 amendments.

The 2017 amendment by c. 329, in subsection B, inserted “annually” preceding “report such data” in the first sentence and added the second sentence.

Article 5. Tuition Assistance Grant Act.

§ 23.1-628. Tuition Assistance Grant Program.

  1. As used in this article, unless the context requires a different meaning:“Eligible institution” means a nonprofit private institution of higher education whose primary purpose is to provide collegiate, graduate, or professional education and not to provide religious training or theological education.“Grant” means a Tuition Assistance Grant.“Principal place of business” means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the institution as a whole primarily exercise that function, considering the following factors: (i) the state in which the primary executive and administrative offices of the institution are located; (ii) the state in which the principal office of the chief executive officer of the institution is located; (iii) the state in which the board of trustees or similar governing board of the institution conducts a majority of its meetings; and (iv) the state from which the overall operations of the institution are directed.“Program” means the Tuition Assistance Grant Program.
  2. From such funds as may be provided for such purpose, the Tuition Assistance Grant Program is established to provide Tuition Assistance Grants to or on behalf of Virginia students who attend eligible institutions.
  3. Eligible institutions admitted to this program on or after January 1, 2011, shall (i) be formed, chartered, established, or incorporated within the Commonwealth; (ii) have their principal place of business within the Commonwealth; (iii) conduct their primary educational activity within the Commonwealth; and (iv) be accredited by a nationally recognized regional accrediting agency.

History. 1972, c. 18, § 23-38.12; 1973, c. 2; 1975, c. 400; 1980, c. 101; 1981, c. 257; 1985, c. 520; 1998, c. 483; 1999, c. 434; 2011, cc. 419, 421; 2016, c. 588.

Cross references.

As to authority of General Assembly to provide for grants for higher education, see now Va. Const., Art. VIII, § 11.

As to the availability of state funds to nonstate agencies, see § 2.2-1505 .

Editor’s note.

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item 150 C 9, effective for the biennium ending June 30, 2022, provides: “Notwithstanding any other provisions of law, Eastern Virginia Medical School is not eligible to participate in the Tuition Assistance Grant Program.”

Law Review.

For survey of Virginia constitutional law for the year 1974-1975, see 61 Va. L. Rev. 1677 (1975).

For article, “Federal Taxation of Prepaid College Tuition Plans,” see 47 Wash. & Lee L. Rev. 291 (1990).

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Constitutionality. —

This chapter was adopted in the manner prescribed by and pursuant to the authority of Va. Const., Art. VIII, § 11, a section narrowly drawn in precise language. To rule this chapter unconstitutional under the general principles of other sections would do violence to the intention of the revisors of the Constitution. Miller v. Ayres, 213 Va. 251 , 191 S.E.2d 261, 1972 Va. LEXIS 344 (1972).

Purpose of chapter. —

This chapter is designed to implement the provisions of Va. Const., Art. VIII, § 11. It has as a purpose the appropriation of money from the general fund for financial aid to undergraduate students at institutions of higher education in Virginia. Miller v. Ayres, 213 Va. 251 , 191 S.E.2d 261, 1972 Va. LEXIS 344 (1972).

This chapter has a secular purpose whose primary effect is not to advance or inhibit religion and the administration of which does not constitute an excessive entanglement of government with religion. Miller v. Ayres, 213 Va. 251 , 191 S.E.2d 261, 1972 Va. LEXIS 344 (1972).

This chapter does not violate the Fourteenth Amendment by limiting loans (now grants) to Virginia students attending nonprofit institutions of higher education in the Commonwealth, thus discriminating against Virginia students attending proprietary institutions of higher learning in the Commonwealth and Virginia students attending institutions of higher learning outside the Commonwealth. Miller v. Ayres, 213 Va. 251 , 191 S.E.2d 261, 1972 Va. LEXIS 344 (1972).

This chapter does not unreasonably discriminate against (1) students receiving grants or loans of public funds under other legislative enactments which impose an obligation for repayment either in money or service, (2) students who are not capable of making satisfactory academic progress in their prescribed course, and (3) students who may be compelled to withdraw during the academic year for reasons deemed to be meritorious by them, but not deemed meritorious by the administering agency. Miller v. Ayres, 213 Va. 251 , 191 S.E.2d 261, 1972 Va. LEXIS 344 (1972).

This chapter, as originally enacted by Acts 1972, c. 18, was held to violate the Virginia Constitution in that it provided for gifts or grants, and not merely loans as authorized by Va. Const., Art. VIII, § 3, prior to its amendment in 1974. Miller v. Ayres, 213 Va. 251 , 191 S.E.2d 261, 1972 Va. LEXIS 344 (1972).

§ 23.1-629. Council designated as administering agency.

The Council is designated as the administering agency for the Program and may adopt regulations consistent with this article and appropriate to the administration of the Program. The Council may define by regulation such terms used in this article as “full-time,” “undergraduate,” “graduate,” “professional,” and “financial aid.”

History. 1972, c. 18, § 23-38.13; 1973, c. 2; 1981, c. 257; 2016, c. 588.

§ 23.1-630. Maximum amount of tuition assistance per student.

The annual amount of tuition assistance in the form of a grant for a Virginia student attending an eligible institution shall not exceed the annual average appropriation per full-time equivalent student for the previous year from the general fund of the state treasury for operating costs at public institutions of higher education.

History. 1972, c. 18, § 23-38.14; 1975, c. 400; 1980, c. 101; 2016, c. 588.

§ 23.1-631. Eligibility; duration.

  1. Virginia students who are obligated to pay tuition as full-time undergraduate, graduate, or professional students at an eligible institution are eligible to receive a grant for the academic year for which they enroll.
  2. Eligibility for grants under the Program is limited to a total of four academic years for undergraduate students, pharmacy students, and medical students and a total of three academic years for other graduate students and professional school students. The academic years for which grants are awarded need not be in succession.
  3. Grants under the Program shall be used only for undergraduate, graduate, or professional collegiate work in educational programs other than those providing religious training or theological education.

History. 1972, c. 18, §§ 23-38.15, 23-38.16; 1973, c. 2; 1975, c. 400; 1980, c. 101; 1981, c. 257; 1987, c. 600; 2000, cc. 94, 660; 2016, c. 588.

Editor’s note.

Acts 2008, c. 670, cl. 1, provides: “§ 1. Notwithstanding the provisions of §§ 23-38.12 and 23-38.15 of the Code of Virginia, students attending the Edward Via Virginia College of Osteopathic Medicine shall be eligible for the Tuition Assistance Grant Program, pursuant to Chapter 4.1 ( § 23-38.11 et seq.) of Title 23. No student who enrolled at Edward Via Virginia College of Osteopathic Medicine as a full-time student prior to the fall of 2009 and is attending the College shall be eligible for the Tuition Assistance Grant Program.”

Law Review.

For survey of Virginia constitutional law for the year 1974-1975, see 61 Va. L. Rev. 1677 (1975).

CASE NOTES

The cases below were decided under prior law.

Constitutionality of section. —

This section is constitutional to the extent that it provides financial aid in the form of conditional grants, repayable in the manner specified therein, to students in nonsectarian private institutions. Miller v. Ayres, 214 Va. 171 , 198 S.E.2d 634, 1973 Va. LEXIS 277 (1973).

The programs of this section do not violate the establishment of religion clause of the First Amendment. Miller v. Ayres, 214 Va. 171 , 198 S.E.2d 634, 1973 Va. LEXIS 277 (1973).

In permitting repayment of financial aid by employment by religious organizations, this section has not specially favored religious organizations in any respect. Instead, it has grouped them with charitable, scientific, literary, educational, and other organizations having worthy quasi-public purposes. There is no violation of the First Amendment in this or any other aspect of this section. Miller v. Ayres, 214 Va. 171 , 198 S.E.2d 634, 1973 Va. LEXIS 277 (1973).

This section is constitutional to the extent that it provides financial aid in the form of loans to students attending the eligible educational institutions defined therein, both sectarian and nonsectarian, such loans to be repayable only in money or by employment by the Commonwealth or any of its political subdivisions. Miller v. Ayres, 214 Va. 171 , 198 S.E.2d 634, 1973 Va. LEXIS 277 (1973).

§ 23.1-632. Eligibility; Selective Service registration.

Individuals who have failed to meet the federal requirement to register for the Selective Service are not eligible to receive grants. However, an individual who has failed to register for the Selective Service shall not be denied a right, privilege, or benefit under this section if (i) the requirement to so register has terminated or become inapplicable to the individual and (ii) the individual shows by a preponderance of the evidence that the failure to register was not a knowing and willful failure to register. The Council shall be assisted in enforcing this provision by the eligible institutions whose students benefit from the Program.

History. 1972, c. 18, § 23-38.12; 1973, c. 2; 1975, c. 400; 1980, c. 101; 1981, c. 257; 1985, c. 520; 1998, c. 483; 1999, c. 434; 2011, cc. 419, 421; 2016, c. 588.

§ 23.1-633. Receipt of other financial aid by students.

Grants shall not be reduced by virtue of the student’s receipt of any other financial aid from any other source except when the total of the grant and such other financial aid would enable the student to receive total financial assistance in excess of the estimated cost to the student of attending the institution in which he is enrolled.

History. 1972, c. 18, § 23-38.17; 1973, c. 2; 1975, c. 400; 1980, c. 101; 2016, c. 588.

§ 23.1-634. Prompt crediting and expeditious refunding of funds.

Each eligible institution acting as an agent for students receiving grants under the Program shall promptly credit disbursed funds to student accounts following the institution’s verification of student eligibility and expeditiously distribute any refunds due recipients.

History. 1985, c. 359, § 23-38.17:1; 2000, cc. 94, 660; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “receiving grants” for “receiving awards.”

§ 23.1-635. Determination of domicile; Council oversight and reports.

  1. For the purposes of determining a student’s eligibility for a grant, the enrolling institution shall determine domicile as provided in § 23.1-502 and the Council’s domicile guidelines.
  2. In order to ensure consistency and fairness, the Council shall (i) require all participating eligible institutions to file student-specific data, (ii) monitor the decisions of such institutions regarding domicile, and (iii) make final decisions on any disputes between such institutions and grant applicants.
  3. The Council shall report to the Governor and the General Assembly, as the Council deems necessary, on issues relating to determinations of domicile for students applying for grants.

History. 1972, c. 18, § 23-38.18; 1973, c. 2; 1985, c. 359; 1995, c. 663; 2016, c. 588.

Cross references.

As to the availability of state funds to nonstate agencies, see § 2.2-1505 .

Law Review.

For survey of Virginia constitutional law for the year 1974-1975, see 61 Va. L. Rev. 1677 (1975).

Article 6. Virginia Guaranteed Assistance Program and Fund.

§ 23.1-636. Virginia Guaranteed Assistance Program; Council to adopt regulations.

  1. The Virginia Guaranteed Assistance Program is created to provide financial assistance in the form of grants to eligible students for the costs of attending a public institution of higher education. Funds may be paid to any public institution of higher education on behalf of students who have been awarded grants pursuant to § 23.1-638 .
  2. The Council shall adopt regulations for the implementation of the provisions of this article.

History. 1992, c. 879, § 23-38.53:4; 1994, c. 789; 2016, c. 588.

§ 23.1-637. Virginia Guaranteed Assistance Fund.

There is created in the state treasury a special nonreverting fund to be known as the Virginia Guaranteed Assistance Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys as may be appropriated by the General Assembly and any gifts, donations, grants, bequests, or other moneys as may be received for the purposes of the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be paid to any public institution of higher education on behalf of students who have been awarded grants pursuant to the provisions of § 23.1-638 . Any moneys remaining in the Fund shall be credited to the account of the Council. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the director of the Council.

History. 1992, c. 879, § 23-38.53:5; 1994, c. 789; 2016, c. 588.

§ 23.1-638. Eligibility; amount of grants; renewals.

  1. Only students who (i) are accepted for full-time enrollment at a public institution of higher education, (ii) are not receiving a Virginia Commonwealth Award, (iii) demonstrate financial need as determined by the Council, and (iv) are either (a) Virginia students who graduated from a high school in the Commonwealth with a cumulative grade point average of at least 2.5 on a scale of 4.0 or its equivalent or (b) dependent children of active duty military personnel residing outside the Commonwealth pursuant to military orders, claiming Virginia on their State of Legal Residence Certificate, and satisfying the domicile requirements for such active duty military personnel pursuant to §§ 23.1-502 and 23.1-504 and who graduated from a high school within or outside the Commonwealth with a cumulative grade point average of at least 2.5 on a scale of 4.0 or its equivalent are eligible to receive such grants.
  2. Each eligible student shall receive such a grant from the institution’s appropriations for undergraduate student financial assistance before Commonwealth Award grants are awarded to students with equivalent remaining need.
  3. Each eligible student shall receive a grant in an amount greater than Commonwealth Award grants awarded to students with equivalent remaining need.
  4. Beginning with first-time students enrolled in the fall semester in 2018, each eligible student shall receive a grant in an amount greater than the grant of each eligible student with equivalent remaining need in the next-lowest class level.
  5. The amount of each grant shall vary according to each student’s remaining need and the total of tuition, fees, and other necessary charges, including books. The actual amount of each grant shall be determined by the proportionate award schedule adopted by each institution.
  6. All grants shall be awarded for one award year and may be renewed annually for no more than three subsequent award years, and students shall not receive subsequent grants until they have satisfied the requirements to move to the next class level. Each recipient may receive a maximum of one year of support per class level for a maximum total of four years of support at a baccalaureate public institution of higher education and a maximum total of two years of support at an associate-degree-granting public institution of higher education, provided that in no case shall a recipient receive more than a combined total of four years of support, if the recipient:
    1. Maintains a cumulative grade point average of at least 2.0 on a scale of 4.0 or its equivalent;
    2. Demonstrates continued financial need;
    3. Makes satisfactory academic progress toward a degree; and
    4. Maintains continuous full-time enrollment for not less than two semesters or three quarters in each successive award year unless the Council grants the recipient an exception for cause.

History. 1992, c. 879, § 23-38.53:6; 1993, c. 832; 1994, c. 789; 2002, c. 114; 2016, c. 588; 2017, cc. 325, 335.

The 2017 amendments.

The 2017 amendments by cc. 325 and 335 are identical, and added subsections B through E and redesignated remaining subsections accordingly; in subsection A, substituted “full-time enrollment” for “enrollment as dependent students,” deleted “according to the congressional methodology for determining financial need and eligibility for financial aid” at the end of clause (iii), and added the reference to “23.1-502”; in the introductory paragraph of subsection F, inserted “and students shall not receive subsequent grants until they have satisfied the requirements to move to the next class level. Each recipient may receive a maximum of one year of support per class level for a maximum total of four years of support at a baccalaureate public institution of higher education and a maximum total of two years of support at an associate-degree-granting public institution of higher education, provided that in no case shall a recipient receive more than a combined total of four years of support”; deleted “earning not less than the minimum number of hours of credit required for full-time standing in each academic period during enrollment at a public institution of higher education” at the end of subdivision F 3; and inserted “full-time” in subdivision F 4.

Article 7. Senior Citizens Higher Education Act of 1974.

§ 23.1-639. Definition; construction of section.

  1. As used in this article, “senior citizen” means any individual who, before the beginning of any academic term, semester, or quarter in which he claims entitlement to the benefits of this article, has reached the age of 60 and has been legally domiciled in the Commonwealth for at least one year.
  2. Nothing in this section shall be construed to exclude any other rules and requirements made by any public institution of higher education for all other students besides senior citizens with respect to domicile in the Commonwealth.

History. 1974, c. 463, § 23-38.55; 1976, c. 19; 1977, c. 281; 2002, c. 521; 2003, c. 700; 2016, c. 588.

§ 23.1-640. Senior citizens; registration and enrollment in courses.

  1. Any senior citizen may, subject to any regulations prescribed by the Council:
    1. Register for and enroll in courses for academic credit as a full-time or part-time student if he had a taxable individual income not exceeding $23,850 for Virginia income tax purposes for the year preceding the award year;
    2. Register for and audit up to three courses offered for academic credit in any one academic term, quarter, or semester for an unlimited number of academic terms, quarters, or semesters; and
    3. Register for and enroll in up to three courses not offered for academic credit in any one academic term, quarter, or semester for an unlimited number of academic terms, quarters, or semesters.
  2. No senior citizen who enrolls in or audits courses pursuant to subsection A shall pay tuition or fees except fees established for the purpose of paying for course materials such as laboratory fees.
  3. Senior citizens are subject to the admission requirements of the institution and a determination by the institution of its ability to offer the course for which the senior citizen registers.
  4. The Council shall establish procedures to ensure that tuition-paying students are accommodated in courses before senior citizens enroll in or audit courses pursuant to subsection A. However, public institutions of higher education may make individual exceptions to these procedures for any senior citizen who has completed 75 percent of the requirements for a degree.

History. 1974, c. 463, §§ 23-38.56, 23-38.58; 1977, c. 281; 1982, c. 677; 1984, c. 371; 1988, c. 90; 1989, c. 101; 1999, c. 381; 2002, c. 521; 2015, c. 146; 2016, c. 588.

§ 23.1-641. Catalog to include statement of benefits.

Each public institution of higher education shall prominently include in its course catalog a statement of the benefits provided by this article for senior citizens.

History. 1974, c. 463, § 23-38.59; 1977, c. 281; 2016, c. 588.

§ 23.1-642. Determination of senior citizen status; forms.

The registrar or other admissions officer of each public institution of higher education shall determine whether an individual is a senior citizen pursuant to the provisions of this article and may require senior citizens to execute appropriate forms to request the benefits provided by this article.

History. 1974, c. 463, § 23-38.60; 2016, c. 588.

Chapter 7. Virginia College Savings Plan and Able Savings Trust Accounts.

§ 23.1-700. Definitions.

As used in this chapter, unless the context requires a different meaning:

“ABLE savings trust account” means an account established pursuant to this chapter to assist individuals and families to save private funds to support individuals with disabilities to maintain health, independence, and quality of life, with such account used to apply distributions for qualified disability expenses for an eligible individual, as both such terms are defined in § 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

“Board” means the governing board of the Plan.

“College savings trust account” means an account established pursuant to this chapter to assist individuals and families to enhance the accessibility and affordability of higher education, with such account used to apply distributions from the account toward qualified higher education expenses, as that term is defined in § 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.

“Contributor” means a person who contributes money to a savings trust account established pursuant to this chapter on behalf of a qualified beneficiary and who is listed as the owner of the savings trust account.

“Non-Virginia public and accredited nonprofit independent or private institutions of higher education” means public and accredited nonprofit independent or private institutions of higher education that are located outside the Commonwealth.

“Plan” means the Virginia College Savings Plan.

“Prepaid tuition contract” means the contract or account entered into by the board and a purchaser pursuant to this chapter for the advance payment of tuition at a fixed, guaranteed level for a qualified beneficiary to attend any public institution of higher education to which the qualified beneficiary is admitted.

“Public institution of higher education” has the same meaning as provided in § 23.1-100 .

“Purchaser” means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract and who is listed as the owner of the prepaid tuition contract.

“Qualified beneficiary” or “beneficiary” means (i) a resident of the Commonwealth, as determined by the board, who is the beneficiary of a prepaid tuition contract and who may apply advance tuition payments to tuition as set forth in this chapter; (ii) a beneficiary of a prepaid tuition contract purchased by a resident of the Commonwealth, as determined by the board, who may apply advance tuition payments to tuition as set forth in this chapter; or (iii) a beneficiary of a savings trust account established pursuant to this chapter.

“Savings trust account” means an ABLE savings trust account or a college savings trust account.

“Savings trust agreement” means the agreement entered into by the board and a contributor that establishes a savings trust account.

“Tuition” means the quarter, semester, or term charges imposed for undergraduate tuition by any public institution of higher education and all mandatory fees required as a condition of enrollment of all students. At the discretion of the board, a beneficiary may apply benefits under a prepaid tuition contract and distributions from a college savings trust account (i) toward graduate-level tuition and (ii) toward qualified higher education expenses, as that term is defined in 26 U.S.C. § 529 or any other applicable section of the Internal Revenue Code of 1986, as amended.

History. 1994, c. 661, § 23-38.75; 1997, cc. 785, 861; 1998, cc. 61, 85; 1999, cc. 485, 518; 2000, cc. 382, 400; 2015, cc. 227, 311; 2016, c. 588; 2019, cc. 803, 804.

Cross references.

As to state-facilitated IRA savings program, see § 2.2-2744 et seq.

As to exclusion of certain educational records and certain records of educational institutions under the Virginia Freedom of Information Act, see § 2.2-3705.4 .

As to the limited purposes for which “public bodies,” as defined by the Virginia Freedom of Information Act, may hold closed meetings, see § 2.2-3711 .

Editor’s note.

Acts 2020, c. 1289, as amended by Acts 2021, Sp. Sess. I, c. 552, Item § 3-5.11 B, effective for the biennium ending June 30, 2022, provides: “B. Notwithstanding the statute of limitations on assessments contained in § 58.1-312 , Code of Virginia, any deduction taken hereunder shall be subject to recapture in the taxable year or years in which distributions or refunds are made for any reason other than (i) to pay qualified disability expenses, as defined in § 529A of the Internal Revenue Code; or (ii) the beneficiary’s death.”

The 2019 amendments.

The 2019 amendments by cc. 803 and 804 are identical, and in the definition for “College savings trust account,” substituted “as that term is” for “at eligible educational institutions, as both such terms are”; in the definition for “Prepaid tuition contract,” inserted “or account”; and in the definition for “Tuition,” inserted “college” preceding “savings trust,” inserted the designations for clauses (i) and (ii), and substituted “qualified higher education expenses” for “tuition costs at such eligible educational institutions.”

Michie’s Jurisprudence.

For related discussion, see 3C M.J. Colleges and Universities, § 1.

§ 23.1-701. Plan established; moneys; governing board.

  1. To enhance the accessibility and affordability of higher education for all citizens of the Commonwealth, and assist families and individuals to save for qualified disability expenses, the Virginia College Savings Plan is established as a body politic and corporate and an independent agency of the Commonwealth.
  2. Moneys of the Plan that are contributions to savings trust accounts made pursuant to this chapter, except as otherwise authorized or provided in this chapter, shall be deposited as soon as practicable in a separate account or separate accounts in banks or trust companies organized under the laws of the Commonwealth, national banking associations, federal home loan banks, or, to the extent permitted by law, savings institutions organized under the laws of the Commonwealth or the United States. The savings program moneys in such accounts shall be paid out on checks, drafts payable on demand, electronic wire transfers, or other means authorized by officers or employees of the Plan.
  3. All other moneys of the Plan, including payments received pursuant to prepaid tuition contracts, bequests, endowments, grants from the United States government or its agencies or instrumentalities, and any other available public or private sources of funds shall be first deposited in the state treasury in a special nonreverting fund (the Fund). Such moneys shall then be deposited as soon as practicable in a separate account or separate accounts in banks or trust companies organized under the laws of the Commonwealth, national banking associations, federal home loan banks, or, to the extent permitted by law, savings institutions organized under the laws of the Commonwealth or the United States. Benefits relating to prepaid tuition contracts and Plan operating expenses shall be paid from the Fund. Any moneys remaining in the Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest and income earned from the investment of such funds shall remain in the Fund and be credited to it.
  4. The Plan may maintain an independent disbursement system for the disbursement of prepaid tuition contract benefits and, in connection with such system, open and maintain a separate account or separate accounts in banks or trust companies organized under the laws of the Commonwealth, national banking associations, federal home loan banks, or, to the extent permitted by law, savings institutions organized under the laws of the Commonwealth or the United States. Such independent disbursement system and any related procedures shall be subject to review and approval by the State Comptroller. Nothing in this subsection shall be construed to relieve the Plan of its duty to provide prepaid tuition contract benefit transactions to the Commonwealth’s system of general accounting maintained by the State Comptroller pursuant to § 2.2-802 .
  5. The Plan shall be administered by an 11-member board that consists of (i) the director of the Council or his designee, the Chancellor of the Virginia Community College System or his designee, the State Treasurer or his designee, and the State Comptroller or his designee, all of whom shall serve ex officio with voting privileges, and (ii) seven nonlegislative citizen members, four of whom shall be appointed by the Governor, one of whom shall be appointed by the Senate Committee on Rules, two of whom shall be appointed by the Speaker of the House of Delegates, and all of whom shall have significant experience in finance, accounting, law, investment management, higher education, or disability advocacy. In addition, at least one of the nonlegislative citizen members shall have expertise in the management and administration of private defined contribution retirement plans.
  6. Members appointed to the board shall serve terms of four years. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. No member appointed to the board shall serve more than two consecutive four-year terms; however, a member appointed to serve an unexpired term is eligible to serve two consecutive four-year terms immediately succeeding such unexpired term.
  7. Ex officio members of the board shall serve terms coincident with their terms of office.
  8. Members of the board shall receive no compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.
  9. The board shall elect from its membership a chairman and a vice-chairman annually.
  10. A majority of the members of the board shall constitute a quorum.

History. 1994, c. 661, § 23-38.76; 1997, cc. 785, 861; 1999, cc. 485, 518; 2000, cc. 382, 400; 2009, cc. 827, 845; 2013, cc. 586, 649; 2014, cc. 23, 687; 2015, cc. 227, 311; 2016, c. 588; 2019, cc. 803, 804; 2021, Sp. Sess. I, c. 556.

Editor’s note.

Acts 2020, c. 506, cl. 1 provides: “That the Virginia College Savings Plan shall analyze current state and federal programs that encourage citizens to save for retirement by participating in retirement savings plans, including plans pursuant to §§ 401(k), 403(b), 408(k), 408(p), and 457(b) of the Internal Revenue Code. The scope of the analysis shall include (i) an examination of potential retirement savings options for self-employed individuals, part-time employees, and full-time employees whose employers do not offer a retirement savings plan; (ii) the level of interest by Virginia employers in participating in a voluntary state-sponsored private retirement option; (iii) the likely costs to start up such a plan and an estimate of time to reach self-sufficiency and potential funding options; (iv) the experience of other states that have implemented or are implementing a state-sponsored private retirement solution for employers and employees; and (v) the appropriate state agency and structure to implement the solution. The analysis may include recommendations for statutory changes or amendments to the general appropriation act. The Virginia College Savings Plan, in undertaking the analysis, shall convene a group of stakeholders to assist and provide insight into the feasibility and preferred structure of such a plan. The Virginia College Savings Plan shall report its findings and recommendations to the General Assembly on or before December 15, 2020.”

Acts 2021, Sp. Sess. I, c. 556, cl. 2 provides: “That in accordance with the provisions of Item 4-3.02 of the appropriation act, the Virginia College Savings Plan (the Plan) shall receive a non-interest-bearing treasury loan in an amount not to exceed $2 million each year of each biennium to cover the costs of designing and implementing the state-facilitated IRA savings program (the Program), until such time as the Program is self-sustaining. Such loan may be renegotiated, as appropriate, and the Plan shall commence repayment with Program fees and revenues once the Program has achieved at least one year of Program cash flow positivity.”

Acts 2021, Sp. Sess. I, c. 556, cl. 3 provides: “That the governing board of the Virginia College Savings Plan (the Board) shall convene a group of stakeholders to identify and make recommendations as to other amendments to the Code of Virginia necessary and prudent to effectuate the provisions of this act. The Board shall (i) recommend any technical amendments necessary to clarify the scope of the state-facilitated IRA savings program (the Program) and ensure compliance with law, (ii) examine the experience of other states that have enacted similar legislation, (iii) assess potential incentives to encourage participation in the Program and defray the costs of participation for small businesses, and (iv) assess the costs and benefits, to employers and to the Commonwealth, of reducing the threshold number of employees of an eligible employer under the provisions of this act. The Board shall submit its findings to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations no later than October 31, 2021.”

The 2019 amendments.

The 2019 amendments by cc. 803 and 804 are identical, and added subsection D; redesignated former subsections D through I as E through J; in subsection E, added “higher education, or disability advocacy” at the end; and made stylistic changes.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 556, effective July 1, 2021, added the last sentence in subsection E.

§ 23.1-702. Advisory committees to the board; membership; terms; qualifications; duties.

  1. To assist the board in fulfilling its fiduciary duty as trustee of the funds of the Plan and to assist the chief executive officer in directing, managing, and administering the Plan’s assets, the board shall appoint an Investment Advisory Committee to provide sophisticated, objective, and prudent investment advice and direction.
    1. Members of the Investment Advisory Committee shall demonstrate extensive experience in any one or more of the following areas: domestic or international equity or fixed-income securities, cash management, alternative investments, institutional real estate investments, or managed futures.
    2. The Investment Advisory Committee shall (i) review, evaluate, and monitor investments and investment opportunities; (ii) make appropriate recommendations to the board about such investments and investment opportunities; (iii) make appropriate recommendations to the board about overall asset allocation; and (iv) perform such other duties as the board may delegate to the Investment Advisory Committee.
  2. To assist the board in fulfilling its responsibilities relating to the integrity of the Plan’s financial statements, financial reporting process, and systems of internal accounting and financial controls, the board shall appoint an Audit and Actuarial Committee.
    1. Members of the Audit and Actuarial Committee shall demonstrate an understanding of generally accepted accounting principles, generally accepted auditing standards, enterprise risk management principles, and financial statements, and evidence an ability to assess the general application of such principles to the Plan’s activities. The members should have experience in preparing, auditing, analyzing, or evaluating financial statements of the same complexity as those of the Plan, and an understanding of internal controls and procedures for financial reporting.
    2. In order to establish and maintain its effectiveness and independence, the following individuals shall not be members of the Audit and Actuarial Committee: (i) current Plan employees; (ii) individuals who have been employees of the Plan in any of the prior three fiscal years; and (iii) immediate family members of an individual currently employed as an officer of the Plan or who has been employed in such a capacity within the past three fiscal years.
    3. The Audit and Actuarial Committee shall (i) review, examine, and monitor the Plan’s accounting and financial reporting processes and systems of internal controls; (ii) review and examine financial statements and financial disclosures and discuss any findings with the Plan’s senior management; (iii) make appropriate recommendations and reports to the board; (iv) monitor the Plan’s external audit function by (a) participating in the retention, review, and discharge of independent auditors; (b) discussing the Plan’s financial statements and accounting policies with independent auditors; and (c) reviewing the independence of independent auditors; and (v) perform such other duties as the board may delegate to the Audit and Actuarial Committee.
  3. The board may appoint such other advisory committees as it deems necessary and shall set the qualifications for members of any such advisory committee by resolution.
  4. Advisory committee members shall serve at the pleasure of the board and may be removed by a majority vote of the board.
  5. Members of advisory committees shall receive no compensation but shall be reimbursed for actual expenses incurred in the performance of their duties.
  6. The disclosure requirements of subsection B of § 2.2-3114 shall apply to each member of any advisory committee established pursuant to this section who is not also a board member.
  7. The recommendations of an advisory committee are not binding upon the board or the designee appointed by the board to make investment decisions pursuant to subsections A and B of § 23.1-706 .

History. 2009, cc. 827, § 23-38.79:1, 845; 2011, cc. 18, 26; 2016, c. 588.

§ 23.1-703. Chief executive officer of the Plan.

  1. The board shall employ a chief executive officer to direct, manage, and administer the Plan. The chief executive officer may employ such staff as are necessary to accomplish the Plan’s stated objectives.
  2. The chief executive officer shall demonstrate (i) extensive experience in some or all of the following areas: management, finance, law, regulatory affairs, and investments and (ii) such other qualifications as the board may set.
  3. The chief executive officer shall, in addition to such other duties as the board may establish, (i) oversee the development, structure, evaluation, and implementation of the Plan’s strategic goals and objectives; (ii) facilitate communication among and between the board, advisory committees, employees, account owners, beneficiaries, and outside entities interested in the Plan; (iii) enhance the board’s ability to make effective and prompt decisions in all matters relating to the administration of the Plan; (iv) with the assistance of the Investment Advisory Committee appointed by the board and investment consultants, direct, manage, and administer the Plan’s assets and programs; and (v) report to the board periodically and as requested by the board.

History. 1994, c. 661, § 23-38.79; 2009, cc. 827, 845; 2016, c. 588.

§ 23.1-704. Powers and duties of the board.

The board shall:

  1. Administer the Plan established by this chapter;
  2. Develop and implement programs for (i) the prepayment of undergraduate tuition, as defined in § 23.1-700 , at a fixed, guaranteed level for application at a public institution of higher education; (ii) contributions to college savings trust accounts established pursuant to this chapter on behalf of a qualified beneficiary in order to apply distributions from the account toward qualified higher education expenses, as that term is defined in § 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law; and (iii) contributions to ABLE savings trust accounts established pursuant to this chapter on behalf of a qualified beneficiary in order to apply distributions from the account toward qualified disability expenses for an eligible individual, as both such terms are defined in § 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
  3. Invest moneys in the Plan in any instruments, obligations, securities, or property deemed appropriate by the board;
  4. Develop requirements, procedures, and guidelines regarding prepaid tuition contracts and savings trust accounts, including residency and other eligibility requirements; the number of participants in the Plan; the termination, withdrawal, or transfer of payments under a prepaid tuition contract or savings trust account; time limitations for the use of tuition benefits or savings trust account distributions; and payment schedules;
  5. Enter into contractual agreements, including contracts for legal, actuarial, financial, and consulting services and contracts with other states to provide savings trust accounts for residents of contracting states;
  6. Procure insurance as determined appropriate by the board (i) against any loss in connection with the Plan’s property, assets, or activities and (ii) indemnifying board members from personal loss or accountability from liability arising from any action or inaction as a board member;
  7. Make arrangements with public institutions of higher education to fulfill obligations under prepaid tuition contracts and apply college savings trust account distributions, including (i) payment from the Plan of the appropriate amount of tuition on behalf of a qualified beneficiary of a prepaid tuition contract to the institution to which the beneficiary is admitted and at which the beneficiary is enrolled and (ii) application of such benefits toward graduate-level tuition and toward qualified higher education expenses, as that term is defined in 26 U.S.C. § 529 or any other applicable section of the Internal Revenue Code of 1986, as amended, as determined by the board in its sole discretion;
  8. Develop and implement scholarship or matching grant programs, or both, as the board may deem appropriate, to further its goal of making higher education more affordable and accessible to all citizens of the Commonwealth;
  9. Apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to carry out its objectives;
  10. Adopt regulations and procedures and perform any act or function consistent with the purposes of this chapter; and
  11. Reimburse, at its option, all or part of the cost of employing legal counsel and such other costs as are demonstrated to have been reasonably necessary for the defense of any board member, officer, or employee of the Plan upon the acquittal, dismissal of charges, nolle prosequi, or any other final disposition concluding the innocence of such member, officer, or employee who is brought before any regulatory body, summoned before any grand jury, investigated by any law-enforcement agency, arrested, indicted, or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties that alleges a violation of state or federal securities laws. The board shall provide for the payment of such legal fees and expenses out of funds appropriated or otherwise available to the board.

History. 1994, c. 661, § 23-38.77; 1997, cc. 785, 861; 1998, cc. 61, 85; 1999, cc. 485, 518; 2000, cc. 382, 400; 2009, cc. 827, 845; 2015, cc. 227, 311; 2016, c. 588; 2019, cc. 803, 804.

Cross references.

As to exclusions of records of specific public bodies and certain other limited exemptions under the Virginia Freedom of Information Act, see § 2.2-3705.7 .

As to the regulations promulgated under this section being exempt from the Administrative Process Act, see § 2.2-4006 .

The 2019 amendments.

The 2019 amendments by cc. 803 and 804 are identical, and in subdivision 2, substituted “as that term is” for “at eligible educational institutions, as both such terms are”; and in subdivision 7, substituted “appropriate amount of tuition on” for “then actual in-state undergraduate tuition cost on,” and substituted “qualified higher education expenses” for “tuition costs at such eligible educational institutions”; and made stylistic changes.

§ 23.1-705. Board actions not a debt of Commonwealth.

  1. As used in this section, “current obligations of the Plan” means amounts required for the payment of contract benefits or other obligations of the Plan, the maintenance of the Plan, and operating expenses for the current biennium.
  2. No act or undertaking of the board is a debt or a pledge of the full faith and credit of the Commonwealth or any political subdivision of the Commonwealth, and all such acts and undertakings are payable solely from the Plan.
  3. Notwithstanding the provisions of subsection B, in order to ensure that the Plan is able to meet its current obligations, the Governor shall include in the budget bills submitted pursuant to § 2.2-1509 a sum sufficient appropriation for the purpose of ensuring that the Plan can meet the current obligations of the Plan. Any sums appropriated by the General Assembly for such purpose shall be deposited into the Fund. All amounts paid into the Fund pursuant to this subsection shall constitute and be accounted for as advances by the Commonwealth to the Plan and, subject to the rights of the Plan’s contract holders, shall be repaid to the Commonwealth without interest from available operating revenue of the Plan in excess of amounts required for the payment of current obligations of the Plan.

History. 1994, c. 661, § 23-38.78; 1998, c. 373; 2000, cc. 382, 400; 2016, c. 588.

§ 23.1-706. Standard of care; investment and administration of the Plan.

  1. In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of the Plan, the board, and any person, investment manager, or committee to whom the board delegates any of its investment authority, shall act as trustee and shall exercise the judgment of care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but to the permanent disposition of funds, considering the probable income and the probable safety of their capital.If the annual accounting and audit required by § 23.1-710 reveal that there are insufficient funds to ensure the actuarial soundness of the Plan, the board may adjust the terms of subsequent prepaid tuition contracts, arrange refunds for current purchasers to ensure actuarial soundness, or take such other action the board deems appropriate.
  2. The assets of the Plan shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the Commonwealth for any other purpose. Within the standard of care set forth in subsection A, the board and any person, investment manager, or committee to whom the board delegates any of its investment authority, may acquire and retain any kind of property and any kind of investment, including (i) debentures and other corporate obligations of foreign or domestic corporations; (ii) common or preferred stocks traded on foreign or domestic stock exchanges; (iii) not less than all of the stock or 100 percent ownership of a corporation or other entity organized by the board under the laws of the Commonwealth for the purposes of acquiring and retaining real property that the board may acquire and retain under this chapter; and (iv) securities of any open-end or closed-end management type investment company or investment trust registered under the federal Investment Company Act of 1940, as amended, including investment companies or investment trusts that, in turn, invest in the securities of such investment companies or investment trusts that persons of prudence, discretion, and intelligence acquire or retain for their own account. The board may retain property properly acquired without time limitation and without regard to its suitability for original purchase.All provisions of this subsection shall also apply to the portion of the Plan assets attributable to savings trust account contributions and the earnings on such contributions.
  3. The selection of services relating to the operation and administration of the Plan, including contracts or agreements for the management, purchase, or sale of authorized investments or actuarial, recordkeeping, or consulting services, are governed by the standard of care set forth in subsection A and are not subject to the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.).
  4. No board member or person, investment manager, or committee to whom the board delegates any of its investment authority who acts in accordance with the standard of care set forth in subsection A shall be held personally liable for losses suffered by the Plan on investments made pursuant to this chapter.
  5. To the extent necessary to lawfully administer the Plan and in order to comply with federal, state, and local tax reporting requirements, the Plan may obtain all necessary social security account or tax identification numbers and such other data as the Plan deems necessary for such purposes, whether from a contributor, a purchaser, or another state agency.
  6. This section shall not be construed to prohibit the Plan’s investment, by purchase or otherwise, in bonds, notes, or other obligations of the Commonwealth or its agencies and instrumentalities.

History. 1994, c. 661, § 23-38.80; 1996, c. 508; 1997, cc. 785, 861; 1999, cc. 485, 518; 2000, cc. 382, 400; 2009, cc. 827, 845; 2015, cc. 227, 311; 2016, c. 588; 2019, cc. 803, 804.

Cross references.

As to authority to conduct closed meetings for certain limited purposes, see § 2.2-3711 .

The 2019 amendments.

The 2019 amendments by cc. 803 and 804 are identical, and inserted “also” in the second paragraph of subsection B.

§ 23.1-707. Prepaid tuition contracts and college and ABLE savings trust agreements.

  1. Each prepaid tuition contract made pursuant to this chapter shall include the following terms and provisions:
    1. The amount of payment or payments and the number of payments required from a purchaser on behalf of a qualified beneficiary;
    2. The terms and conditions under which purchasers shall remit payments, including the dates of such payments;
    3. Provisions for late payment charges, defaults, withdrawals, refunds, and any penalties;
    4. The name and date of birth of the qualified beneficiary on whose behalf the contract is made;
    5. Terms and conditions for a substitution for the qualified beneficiary originally named;
    6. Terms and conditions for termination of the contract, including any refunds, withdrawals, or transfers of tuition prepayments, and the name of the person entitled to terminate the contract;
    7. The time period during which the qualified beneficiary is required to claim benefits from the Plan;
    8. The number of credit hours or quarters, semesters, terms, or units contracted for by the purchaser, as applicable;
    9. All other rights and obligations of the purchaser and the trust; and
    10. Any other terms and conditions that the board deems necessary or appropriate, including those necessary to conform the contract with the requirements of § 529 of the Internal Revenue Code of 1986, as amended, which specifies the requirements for qualified state tuition programs.
  2. Each college savings trust agreement made pursuant to this chapter shall include the following terms and provisions:
    1. The maximum and minimum contribution allowed on behalf of each qualified beneficiary for the payment of qualified higher education expenses, as that term is defined in § 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
    2. Provisions for withdrawals, refunds, transfers, and any penalties;
    3. The name, address, and date of birth of the qualified beneficiary on whose behalf the savings trust account is opened;
    4. Terms and conditions for a substitution for the qualified beneficiary originally named;
    5. Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, and applicable penalties, and the name of the person entitled to terminate the account;
    6. The time period during which the qualified beneficiary is required to use benefits from the savings trust account;
    7. All other rights and obligations of the contributor and the Plan; and
    8. Any other terms and conditions that the board deems necessary or appropriate, including those necessary to conform the savings trust account with the requirements of § 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.
  3. Each ABLE savings trust agreement made pursuant to this chapter shall include the following terms and provisions:
    1. The maximum and minimum annual contribution and maximum account balance allowed on behalf of each qualified beneficiary for the payment of qualified disability expenses, as defined in § 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
    2. Provisions for withdrawals, refunds, transfers, return of excess contributions, and any penalties;
    3. The name, address, and date of birth of the qualified beneficiary on whose behalf the savings trust account is opened;
    4. Terms and conditions for a substitution for the qualified beneficiary originally named;
    5. Terms and conditions for termination of the account, including any transfers to the state upon the death of the qualified beneficiary, refunds, withdrawals, transfers, applicable penalties, and the name of the person entitled to terminate the account;
    6. The time period during which the qualified beneficiary is required to use benefits from the savings trust account;
    7. All other rights and obligations of the contributor and the Plan; and
    8. Any other terms and conditions that the board deems necessary or appropriate, including those necessary to conform the savings trust account with the requirements of § 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law.
  4. In addition to the provisions required by subsection A, each prepaid tuition contract entered into prior to July 1, 2019, shall include provisions for the application of tuition prepayments (i) at accredited nonprofit independent or private institutions of higher education, including actual interest and income earned on such prepayments, and (ii) at non-Virginia public and accredited nonprofit independent or private institutions of higher education, including principal and reasonable return on such principal as determined by the board. Payments authorized for accredited nonprofit independent or private institutions of higher education shall not exceed the projected highest payment made for tuition at a public institution of higher education in the same academic year, less a fee to be determined by the board. Payments authorized for non-Virginia public and accredited nonprofit independent or private institutions of higher education shall not exceed the projected average payment made for tuition at a public institution of higher education in the same academic year, less a fee to be determined by the board. In no event, however, shall the benefit paid on any prepaid tuition contract entered into prior to July 1, 2019, be less than the sum of tuition prepayments made and a reasonable return on such prepayments to be determined by the board, less any fees determined by the board.
  5. In addition to the provisions required by subsection A, each prepaid tuition contract entered into on or after July 1, 2019, shall include provisions for the application of tuition prepayments, at a rate equal to the percentage of enrollment-weighted average tuition at public institutions of higher education to be determined by the board, at (i) public institutions of higher education, (ii) accredited nonprofit independent or private institutions of higher education, and (iii) non-Virginia public and accredited nonprofit independent or private institutions of higher education. In no event, however, shall the benefit paid on any prepaid tuition contract entered into on or after July 1, 2019, be less than tuition prepayments made, less any fees as determined by the board.
  6. All prepaid tuition contracts and savings trust agreements shall specifically provide that if after a specified period of time the contract or savings trust agreement has not been terminated and the qualified beneficiary’s rights have not been exercised, the board, after making a reasonable effort to contact the purchaser or contributor and the qualified beneficiary or their agents, shall report such unclaimed moneys to the State Treasurer pursuant to § 55.1-2524 .
    1. Notwithstanding any provision of law to the contrary, money in the Plan is exempt from creditor process, is not liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of any purchaser, contributor, or beneficiary. Unless required by federal law, the Commonwealth, its agencies, and its instrumentalities shall not seek payment pursuant to 26 U.S.C. § 529A from any ABLE savings trust account or its proceeds for benefits provided to the beneficiary of the account and shall not undertake estate recovery from any ABLE savings trust account pursuant to 26 U.S.C. § 529A. G. 1. Notwithstanding any provision of law to the contrary, money in the Plan is exempt from creditor process, is not liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of any purchaser, contributor, or beneficiary. Unless required by federal law, the Commonwealth, its agencies, and its instrumentalities shall not seek payment pursuant to 26 U.S.C. § 529A from any ABLE savings trust account or its proceeds for benefits provided to the beneficiary of the account and shall not undertake estate recovery from any ABLE savings trust account pursuant to 26 U.S.C. § 529A.
    2. Unless prohibited by federal law, the beneficiary of an ABLE savings trust account may appoint a survivor. In the event of the beneficiary’s death, if the survivor is (i) an eligible individual, as defined in 26 U.S.C. § 529A(e), then such survivor shall become the beneficiary of the ABLE savings trust account or (ii) not an eligible individual, as defined in 26 U.S.C. § 529A(e), then any proceeds remaining after final distributions have been made on behalf of the deceased beneficiary shall be distributed to the survivor and the account shall be closed.
  7. Notwithstanding any other provision of state law that requires consideration of one or more financial circumstances of an individual for the purpose of determining (i) the individual’s eligibility to receive any assistance or benefit pursuant to such provision of state law or (ii) the amount of any such assistance or benefit that such individual is eligible to receive pursuant to such provision of state law, any (a) moneys in an ABLE savings trust account for which such individual is the beneficiary, including any interest on such moneys, (b) contributions to an ABLE savings trust account for which such individual is the beneficiary, and (c) distribution for qualified disability expenses for such individual from an ABLE savings trust account for which such individual is the beneficiary shall be disregarded for such purpose with respect to any period during which such individual remains the beneficiary of, makes contributions to, or receives distributions for qualified disability expenses from such ABLE savings trust account.
  8. No prepaid tuition contract or savings trust account shall be assigned for the benefit of creditors, used as security or collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge, encumbrance, or charge.
  9. The board’s decision on any dispute, claim, or action arising out of or relating to a prepaid tuition contract or savings trust agreement made or entered into pursuant to this chapter or benefits under such prepaid tuition contract or savings trust agreement shall be considered a case decision as defined in § 2.2-4001 and all proceedings related to such dispute, claim, or action shall be conducted pursuant to Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. Judicial review shall be provided exclusively pursuant to Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

History. 1994, c. 661, § 23-38.81; 1995, c. 315; 1997, cc. 785, 861; 1999, cc. 485, 518; 2000, cc. 382, 400; 2015, cc. 227, 311; 2016, cc. 588, 639; 2019, cc. 803, 804; 2020, c. 923.

Editor’s note.

Acts 2016, c. 639, amended former § 23-38.81, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 639 has been given effect in this section by adding subsection G and redesignating remaining subsections accordingly.

To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitution was made at the direction of the Virginia Code Commission: substituted “55.1-2524” for “55-210.12.”

The 2019 amendments.

The 2019 amendments by cc. 803 and 804 are identical, and in subdivision A 8, substituted “terms, or units” for “or terms,” and added “as applicable” at the end; in subdivision B 1, substituted “as that term is” for “at eligible institutions, as both such terms are”; in subsection D, inserted “entered into prior to July 1, 2019” preceding “shall include,” and added the last sentence; added subsection E; redesignated former subsections E through I as F through J, respectively; and made stylistic changes.

The 2020 amendments.

The 2020 amendment by c. 923, in subsection G, designated the first paragraph as subdivision G 1 and added subdivision G 2; and in subdivision G 1, deleted “except that the state of residence of the beneficiary of an ABLE savings trust account shall be a creditor of such account in the event of the death of the beneficiary” from the end of the first sentence and added the second sentence.

§ 23.1-707.1. Prepaid tuition contracts; pricing reserves; limitations.

  1. As used in this section:“Funded status” means the ratio of the assets of the Plan to the actuarially estimated value of tuition obligations of the Plan, expressed as a percentage.“Pricing reserve” means the percentage by which the actuarially determined prepaid tuition contract price exceeds the amount estimated to meet the actuarially determined tuition obligation for such prepaid tuition contract.
  2. In the event that the funded status of the Plan meets or exceeds 105 percent, the pricing reserve shall not exceed five percent.
  3. In the event that the funded status of the Plan does not meet or exceed 105 percent, the pricing reserve may exceed five percent but shall not exceed 10 percent.
  4. The board shall provide to the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Legislative Audit and Review Commission written notification and a detailed explanation of any change to the pricing reserve within 30 days of such change.

History. 2019, cc. 805, 806.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

§ 23.1-708. Assets of the Plan exempt from taxation.

The assets of the Plan and their income are exempt from state and local taxation.

History. 1994, c. 661, § 23-38.83; 2000, cc. 382, 400; 2016, c. 588.

§ 23.1-709. Annual report.

On or before December 15, the board shall post on its website and submit to the Governor, the Senate Committee on Finance and Appropriations, and the House Committees on Appropriations and Finance an annual statement of the receipts, disbursements, and current investments of the Plan for the preceding year. The report shall set forth a complete operating and financial statement covering the operation of the Plan during the year and shall include a statement of projected receipts, disbursements, investments, and costs for the further operation of the Plan.

History. 1994, c. 661, § 23-38.84; 1995, c. 315; 2000, cc. 382, 400; 2005, c. 633; 2011, cc. 18, 26; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

§ 23.1-710. Forms and audit of accounts and records.

The accounts and records of the board showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes, provided that such accounts correspond as nearly as possible to the accounts and records for such matters maintained by corporate enterprises. The Auditor of Public Accounts or his legally authorized representatives shall annually audit the accounts of the board, and the board shall bear the cost of such audit services.

History. 1994, c. 661, § 23-38.85; 2016, c. 588.

§ 23.1-711. Admission to institutions not guaranteed; coverage limitations.

Nothing in this chapter or in any prepaid tuition contract or savings trust agreement entered into pursuant to this chapter shall be construed as a promise or guarantee:

  1. By the board or the Commonwealth of any admission to, continued enrollment at, or graduation from any public institution of higher education;
  2. That the beneficiary’s cost of tuition at an institution of higher education will be covered in full by the proceeds of the beneficiary’s prepaid tuition contract, provided, however, that a prepaid tuition contract will cover that portion of tuition that is required under the terms of any such contract based on the tuition prepayments made; or
  3. That any qualified higher education expense will be covered in full by contributions to or earnings on any savings trust account.

History. 1994, c. 661, § 23-38.86; 1999, cc. 485, 518; 2016, c. 588; 2019, cc. 803, 804.

The 2019 amendments.

The 2019 amendments by cc. 803 and 804 are identical, and rewrote subdivision 2, which read: “That the beneficiary’s cost of tuition at an institution of higher education other than a public institution of higher education will be covered in full by the proceeds of the beneficiary’s tuition credits; or.”

§ 23.1-712. Payroll deductions.

The Commonwealth, the agencies and localities of the Commonwealth and their subdivisions, and any employer in the Commonwealth may agree, by contract or otherwise, to remit payments or contributions on behalf of an employee toward prepaid tuition contracts or savings trust accounts through payroll deductions.

History. 1994, c. 661, § 23-38.87; 1999, cc. 485, 518; 2009, cc. 827, 845; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “may agree” for “are authorized to agree.”

§ 23.1-713. Liberal construction of chapter.

Insofar as the provisions of this chapter are inconsistent with the provisions of any other general, special, or local law, the provisions of this chapter shall control. This chapter constitutes full and complete authority, without regard to the provisions of any other law, for performing the acts authorized in this chapter and shall be liberally construed to effect the purposes of this chapter.

History. 2009, cc. 827, 845, § 23-38.87:1; 2016, c. 588.

Chapter 8. Health and Campus Safety.

Article 1. Student Health.

§ 23.1-800. Health histories and immunizations required; exemptions.

  1. No full-time student who enrolls for the first time in any baccalaureate public institution of higher education is eligible to register for his second semester or quarter unless he (i) has furnished, before the beginning of the second semester or quarter of enrollment, a health history consistent with guidelines adopted by each institution’s board of visitors that includes documented evidence, provided by a licensed health professional or health facility, of the diseases for which the student has been immunized, the numbers of doses given, the date on which the immunization was administered, and any further immunizations indicated or (ii) objects to such health history requirement on religious grounds, in which case he is exempt from such requirement.
  2. Prior to enrollment for the first time in any baccalaureate public institution of higher education, each student shall be immunized by vaccine against diphtheria, tetanus, poliomyelitis, measles (rubeola), German measles (rubella), and mumps according to the guidelines of the American College Health Association.
  3. Prior to enrollment for the first time in any baccalaureate public institution of higher education, each full-time student shall be vaccinated against meningococcal disease and hepatitis B unless the student or, if the student is a minor, the student’s parent or legal guardian signs a written waiver stating that he has received and reviewed detailed information on the risks associated with meningococcal disease and hepatitis B and the availability and effectiveness of any vaccine and has chosen not to be or not to have the student vaccinated.
  4. Any student is exempt from the immunization requirements set forth in subsections B and C who (i) objects on the grounds that administration of immunizing agents conflicts with his religious tenets or practices, unless the Board of Health has declared an emergency or epidemic of disease, or (ii) presents a statement from a licensed physician that states that his physical condition is such that administration of one or more of the required immunizing agents would be detrimental to his health.
  5. The Board and Commissioner of Health shall cooperate with any board of visitors seeking assistance in the implementation of this section.
  6. The Council shall, in cooperation with the Board and Commissioner of Health, encourage private institutions of higher education to develop a procedure for providing information about the risks associated with meningococcal disease and hepatitis B and the availability and effectiveness of any vaccine against meningococcal disease and hepatitis B.

History. 1986, c. 621, § 23-7.5; 1987, c. 366; 1990, c. 273; 2001, c. 340; 2005, c. 15; 2016, c. 588.

§ 23.1-801. Educational program on human immunodeficiency virus infection.

Each public institution of higher education, in cooperation with the Department of Health, shall develop and implement educational programs for college students on the etiology, effects, and prevention of infection with human immunodeficiency virus.

History. 1989, c. 613, § 23-9.2:3.2; 1991, c. 590; 2014, c. 484; 2016, c. 588.

§ 23.1-802. Student mental health; policies; website resource; training.

  1. The governing board of each public institution of higher education shall develop and implement policies that (i) advise students, faculty, and staff, including residence hall staff, of the proper procedures for identifying and addressing the needs of students exhibiting suicidal tendencies or behavior and (ii) provide for training where appropriate. Such policies shall require procedures for notifying the institution’s student health or counseling center for the purposes set forth in subdivision B 5 of § 23.1-1303 when a student exhibits suicidal tendencies or behavior.
  2. The board of visitors of each baccalaureate public institution of higher education shall develop and implement policies that ensure that after a student suicide, affected students have access to reasonable medical and behavioral health services, including postvention services. For the purposes of this subsection, “postvention services” means services designed to facilitate the grieving or adjustment process, stabilize the environment, reduce the risk of negative behaviors, and prevent suicide contagion.
  3. The board of visitors of each baccalaureate public institution of higher education shall establish a written memorandum of understanding with its local community services board or behavioral health authority and with local hospitals and other local mental health facilities in order to expand the scope of services available to students seeking treatment. The memorandum shall designate a contact person to be notified, to the extent allowable under state and federal privacy laws, when a student is involuntarily committed, or when a student is discharged from a facility. The memorandum shall provide for the inclusion of the institution in the post-discharge planning of a student who has been committed and intends to return to campus, to the extent allowable under state and federal privacy laws.
  4. Each baccalaureate public institution of higher education shall create and feature on its website a page with information dedicated solely to the mental health resources available to students at the institution.
  5. Each resident assistant in a student housing facility at a public institution of higher education shall participate in Mental Health First Aid training or a similar program prior to the commencement of his duties.

History. 2007, c. 705, § 23-9.2:8; 2012, cc. 697, 721; 2013, cc. 714, 735; 2014, c. 558, § 23-9.2:14; 2015, cc. 663, 716; 2016, cc. 573, 588, 684; 2017, cc. 296, 691; 2021, Sp. Sess. I, c. 447.

Editor’s note.

Acts 2016, cc. 573 and 684, amended former § 23-9.2:8, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendments by cc. 573 and 684 have been given effect in this section by deleting “and consents to such notification” at the end of the second sentence in subsection B.

The 2017 amendments.

The 2017 amendment by c. 296 added subsection E.

The 2017 amendment by c. 691 inserted subsection B and redesignated remaining subsections accordingly.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 447, effective July 1, 2021, substituted “subdivision B 5” for “subdivision B 4” in the last sentence of subsection A.

Article 2. Campus Safety; General Provisions.

§ 23.1-803. First warning notification and emergency broadcast system required.

  1. The governing board of each public institution of higher education shall establish a comprehensive, prompt, and reliable first warning notification and emergency broadcast system for their students, faculty, and staff, both on and off campus. Such system shall be activated in the case of an emergency and may rely on website announcements; email notices; phone, cellular phone, and text messages; alert lines; public address systems; and other means of communication.
  2. Each public institution of higher education shall designate individuals authorized to activate the first warning notification and emergency broadcast system and provide such individuals with appropriate training for its use.

History. 2008, cc. 413, 450, § 23-9.2:11; 2016, c. 588.

§ 23.1-804. Institutional crisis and emergency management plan.

  1. The governing board of each public institution of higher education shall develop, adopt, and keep current a written crisis and emergency management plan. The plan shall (i) require the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund to be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in § 19.2-11.01 and (ii) include current contact information for both agencies. The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those individuals determined to be victims.
  2. Every four years, each public institution of higher education shall conduct a comprehensive review and revision of its crisis and emergency management plan to ensure that the plan remains current, and the revised plan shall be adopted formally by the governing board. Such review shall also be certified in writing to the Department of Emergency Management. The institution shall coordinate with the local emergency management organization, as defined in § 44-146.16, to ensure integration into the local emergency operations plan.
  3. The chief executive officer of each public institution of higher education shall annually (i) review the institution’s crisis and emergency management plan; (ii) certify in writing to the Department of Emergency Management that he has reviewed the plan; and (iii) make recommendations to the institution for appropriate changes to the plan.
  4. Each public institution of higher education shall annually conduct a test or exercise in accordance with the protocols established by the institution’s crisis and emergency management plan and certify in writing to the Department of Emergency Management that such a test or exercise was conducted. The activation of its crisis and emergency management plan and completion of an after-action report by a public institution of higher education in response to an actual event or incident satisfies the requirement to conduct such a test or exercise.

History. 2008, cc. 450, 526, § 23-9.2:9; 2009, cc. 222, 269; 2010, cc. 104, 478; 2012, cc. 18, 112, 418; 2016, c. 588; 2018, cc. 201, 714.

The 2018 amendments.

The 2018 amendments by cc. 201 and 714 are identical, and in subsection D, substituted “test or exercise” for “functional exercise” and substituted “a test or exercise” for “exercise” in the first sentence and added the second sentence.

§ 23.1-805. Violence prevention committee; threat assessment team.

  1. Each public institution of higher education shall establish policies and procedures for the prevention of violence on campus, including assessment of and intervention with individuals whose behavior poses a threat to the safety of the campus community.
  2. The governing board of each public institution of higher education shall determine a violence prevention committee structure on campus composed of individuals charged with education on and prevention of violence on campus. Each violence prevention committee shall include representatives from student affairs, law enforcement, human resources, counseling services, residence life, and other constituencies as needed and shall consult with legal counsel as needed. Each violence prevention committee shall develop a clear statement of mission, membership, and leadership. Such statement shall be published and made available to the campus community.
  3. Each violence prevention committee shall (i) provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a physical threat to the community; (ii) identify members of the campus community to whom threatening behavior should be reported; (iii) establish policies and procedures that outline circumstances under which all faculty and staff are required to report behavior that may represent a physical threat to the community, provided that such report is consistent with state and federal law; and (iv) establish policies and procedures for (a) the assessment of individuals whose behavior may present a threat, (b) appropriate means of intervention with such individuals, and (c) sufficient means of action, including interim suspension, referrals to community services boards or health care providers for evaluation or treatment, medical separation to resolve potential physical threats, and notification of family members or guardians, or both, unless such notification would prove harmful to the individual in question, consistent with state and federal law.
  4. The governing board of each public institution of higher education shall establish a threat assessment team that includes members from law enforcement, mental health professionals, representatives of student affairs and human resources, and, if available, college or university counsel. Each threat assessment team shall implement the assessment, intervention, and action policies set forth by the violence prevention committee pursuant to subsection C.
  5. Each threat assessment team shall establish relationships or utilize existing relationships with mental health agencies and local and state law-enforcement agencies to expedite assessment of and intervention with individuals whose behavior may present a threat to safety. Upon a preliminary determination that an individual poses a threat of violence to self or others or exhibits significantly disruptive behavior or a need for assistance, the threat assessment team may obtain criminal history record information as provided in §§ 19.2-389 and 19.2-389.1 and health records as provided in § 32.1-127.1:03 .
  6. No member of a threat assessment team shall redisclose any criminal history record information or health information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the threat assessment team.

History. 2008, cc. 450, 533, § 23-9.2:10; 2010, cc. 456, 524; 2013, c. 710; 2014, cc. 793, 799; 2016, c. 588.

§ 23.1-806. Reporting of acts of sexual violence.

  1. For purposes of this section:“Campus” means (i) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner relating to, the institution’s educational purposes, including residence halls, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.“Noncampus building or property” means (i) any building or property owned or controlled by a student organization officially recognized by an institution of higher education or (ii) any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.“Public property” means all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.“Responsible employee” means a person employed by a public institution of higher education or nonprofit private institution of higher education who has the authority to take action to redress sexual violence, who has been given the duty of reporting acts of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate institution designee, or whom a student could reasonably believe has this authority or duty.“Sexual violence” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.“Title IX coordinator” means an employee designated by a public institution of higher education or nonprofit private institution of higher education to coordinate the institution’s efforts to comply with and carry out the institution’s responsibilities under Title IX (20 U.S.C. § 1681 et seq.). If no such employee has been designated by the institution, the institution shall designate an employee who will be responsible for receiving information of alleged acts of sexual violence from responsible employees in accordance with subsection B.
  2. Any responsible employee who in the course of his employment obtains information that an act of sexual violence may have been committed against a student attending the institution or may have occurred on campus, in or on a noncampus building or property, or on public property shall report such information to the Title IX coordinator as soon as practicable after addressing the immediate needs of the victim.
  3. Upon receipt of information pursuant to subsection B, the Title IX coordinator or his designee shall promptly report the information, including any personally identifiable information, to a review committee established pursuant to subsection D. Nothing in this section shall prevent the Title IX coordinator or any other responsible employee from providing any information to law enforcement with the consent of the victim.
  4. Each public institution of higher education and nonprofit private institution of higher education shall establish a review committee for the purposes of reviewing information relating to acts of sexual violence, including information reported pursuant to subsection C. Such review committee shall consist of three or more persons and shall include the Title IX coordinator or his designee, a representative of law enforcement, and a student affairs representative. If the institution has established a campus police department pursuant to Article 3 (§ 23.1-809 et seq.), the representative of law enforcement shall be a member of such department; otherwise, the representative of law enforcement shall be a representative of campus security. The review committee may be the threat assessment team established under § 23.1-805 or a separate body. The review committee may obtain law-enforcement records, criminal history record information as provided in §§ 19.2-389 and 19.2-389.1 , health records as provided in § 32.1-127.1:03 , available institutional conduct or personnel records, and known facts and circumstances of the information reported pursuant to subsection C or information or evidence known to the institution or to law enforcement. The review committee shall be considered to be a threat assessment team established pursuant to § 23.1-805 for purposes of (i) obtaining criminal history record information and health records and (ii) the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The review committee shall conduct its review in compliance with federal privacy law.
  5. Upon receipt of information of an alleged act of sexual violence reported pursuant to subsection C, the review committee shall meet within 72 hours to review the information and shall meet again as necessary as new information becomes available.
  6. If, based on consideration of all factors, the review committee, or if the committee cannot reach a consensus, the representative of law enforcement on the review committee, determines that the disclosure of the information, including personally identifiable information, is necessary to protect the health or safety of the student or other individuals as set forth in 34 C.F.R. § 99.36, the representative of law enforcement on the review committee shall immediately disclose such information to the law-enforcement agency that would be responsible for investigating the alleged act of sexual violence. Such disclosure shall be for the purposes of investigation and other actions by law enforcement. Upon such disclosure, the Title IX coordinator or his designee shall notify the victim that such disclosure is being made. The provisions of this subsection shall not apply if the law-enforcement agency responsible for investigating the alleged act of sexual violence is located outside the United States.
  7. In cases in which the alleged act of sexual violence would constitute a felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, the representative of law enforcement on the review committee shall inform the other members of the review committee and shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F. In addition, if such consultation does not occur and any other member of the review committee individually concludes that the alleged act of sexual violence would constitute a felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, that member shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F.
  8. At the conclusion of the review, the Title IX coordinator and the law-enforcement representative shall each retain (i) the authority to proceed with any further investigation or adjudication allowed under state or federal law and (ii) independent records of the review team’s considerations, which shall be maintained under applicable state and federal law.
  9. No responsible employee shall be required to make a report pursuant to subsection B if:
    1. The responsible employee obtained the information through any communication considered privileged under state or federal law or the responsible employee obtained the information in the course of providing services as a licensed health care professional, an employee providing administrative support for such health care professionals, a professional counselor, an accredited rape crisis or domestic violence counselor, a campus victim support personnel, a member of clergy, or an attorney; or
    2. The responsible employee has actual knowledge that the same matter has already been reported to the Title IX coordinator or to the attorney for the Commonwealth or the law-enforcement agency responsible for investigating the alleged act of sexual violence.
  10. Any responsible employee who makes a report required by this section or testifies in a judicial or administrative proceeding as a result of such report is immune from any civil liability alleged to have resulted therefrom unless such person acted in bad faith or with malicious intent.
  11. The provisions of this section shall not require a person who is the victim of an alleged act of sexual violence to report such violation.
  12. The institution shall ensure that a victim of an alleged act of sexual violence is informed of (i) the available law-enforcement options for investigation and prosecution; (ii) the importance of collection and preservation of evidence; (iii) the available options for a protective order; (iv) the available campus options for investigation and adjudication under the institution’s policies; (v) the victim’s rights to participate or decline to participate in any investigation to the extent permitted under state or federal law; (vi) the applicable federal or state confidentiality provisions that govern information provided by a victim; (vii) the available on-campus resources and any unaffiliated community resources, including sexual assault crisis centers, domestic violence crisis centers, or other victim support services; and (viii) the importance of seeking appropriate medical attention.

History. 2015, cc. 737, 745, § 23-9.2:15; 2016, c. 588.

§ 23.1-807. Sexual assault; memoranda of understanding; policies.

  1. Richard Bland College and each baccalaureate public institution of higher education and nonprofit private institution of higher education shall establish, and the State Board shall adopt a policy requiring each comprehensive community college to establish, a written memorandum of understanding with a sexual assault crisis center or other victim support service in order to provide sexual assault victims with immediate access to a confidential, independent advocate who can provide a trauma-informed response that includes an explanation of options for moving forward.
  2. Each public institution of higher education and nonprofit private institution of higher education shall adopt policies to provide to sexual assault victims information on contacting such sexual assault crisis center or other victim support service.
  3. Each public institution of higher education or nonprofit private institution of higher education may request the cooperation of the primary law-enforcement agency of the locality in which the institution is located to establish a written memorandum of understanding with such law-enforcement agency to address the prevention of and response to criminal sexual assault as set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.

History. 2015, cc. 737, 745, § 23-9.2:16; 2016, cc. 481, 588.

Editor’s note.

Acts 2016, c. 481 amended former § 23-9.2:16, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 481 has been given effect in this section by adding subsection C and substituted “memoranda” for “memorandum” in the catchline.

§ 23.1-808. Sexual violence; policy review; disciplinary immunity for certain individuals who make reports.

  1. By October 31 of each year, the System, Richard Bland College, each baccalaureate public institution of higher education, and each nonprofit private institution of higher education shall certify to the Council that it has reviewed its sexual violence policy and updated it as appropriate. The Council and the Department of Criminal Justice Services shall establish criteria for the certification process and may request information relating to the policies for the purposes of sharing best practices and improving campus safety. The Council and the Department of Criminal Justice Services shall report to the Secretary of Education on the certification status of each such institution by November 30 of each year.
  2. The governing board of each nonprofit private institution of higher education and each public institution of higher education except the Virginia Military Institute shall include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action based on personal consumption of drugs or alcohol where such disclosure is made in conjunction with a good faith report of an act of sexual violence.

History. 2015, cc. 737, 745, § 23-9.2:17; 2016, c. 588; 2020, c. 1041.

The 2020 amendments.

The 2020 amendment by c. 1041 added subsection B.

Article 3. Campus Safety; Campus Police Departments.

§ 23.1-809. Public institutions of higher education; establishment of campus police departments authorized; employment of officers.

  1. The governing board of each public institution of higher education may establish a campus police department and employ campus police officers and auxiliary police forces upon appointment as provided in §§ 23.1-811 and 23.1-812 . Such employment is governed by the Virginia Personnel Act (§ 2.2-2900 et seq.), except that the governing board of a public institution of higher education may direct that the employment of the chief of the campus police department is not governed by the Virginia Personnel Act.
  2. The Virginia Commonwealth University Health System Authority and Eastern Virginia Medical School may employ police officers and auxiliary police forces as provided in this article and, in the case of the Authority, in § 23.1-2406 , except that the employment of such officers and forces is not governed by the Virginia Personnel Act (§ 2.2-2900 et seq.).

History. 1977, c. 79, § 23-232; 1991, c. 711; 1996, cc. 905, 1046; 2000, c. 720; 2009, c. 596; 2016, c. 588.

Cross references.

As to limitations on the release of criminal incident information, see § 2.2-3706.1 .

As to carrying concealed weapons, see § 18.2-308.016 .

§ 23.1-810. Authorization for campus police departments in private institutions of higher education.

The governing board of each private institution of higher education may establish, in compliance with the provisions of this article, a campus police department and employ campus police officers upon appointment as provided in § 23.1-812 . Except as such provisions apply exclusively to public institutions of higher education or employees, the provisions of this article shall apply to the appointment and employment of officers and the operation, powers, duties, and jurisdiction of campus police departments at private institutions of higher education, and such departments are subject to and shall enjoy the benefits of this article. However, to be qualified to use the word “police” to describe the department or its officers, any private institution of higher education that establishes a campus police department shall require each officer to comply with the training or other requirements for law-enforcement officers established by the Department of Criminal Justice Services pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1.

History. 1992, c. 187, § 23-232.1; 2016, c. 588.

§ 23.1-811. Establishment of auxiliary police forces.

The governing board of each public institution of higher education and private institution of higher education, for the further preservation of public peace, safety, and good order of the campus community, may establish, equip, and maintain an auxiliary police force. When called into service pursuant to procedures established by the governing board, members of such auxiliary police forces have all the powers, authority, and immunities of campus police officers at public institutions of higher education.

History. 1991, c. 711, § 23-233.1; 2016, c. 588.

§ 23.1-812. Appointment of campus police officers and members of an auxiliary police force.

  1. Prior to appointment as a campus police officer or member of an auxiliary police force, each individual shall be investigated by the campus police department of the institution applying for the order of appointment or, if none has been established, by the police department of the locality in which such institution is located. Such investigation shall determine whether the individual is responsible, honest, and in all ways capable of performing the duties of a campus police officer.
  2. Upon application of the governing board of a public institution of higher education or private institution of higher education, the circuit court of the locality in which the institution is located may, by order, appoint the individuals named in the application to be campus police officers or members of an auxiliary police force at such institution.
  3. Each campus police officer and member of an auxiliary police force appointed and employed pursuant to this article is a state employee of the institution named in the order of appointment. Insofar as it is not inconsistent with the Virginia Personnel Act (§ 2.2-2900 et seq.), the governing board of such institution shall provide for the conditions and terms of employment and compensation and a distinctive uniform and badge of office for such officers and members of an auxiliary police force.

History. 1977, c. 79, §§ 23-233, 23-236; 1991, c. 711; 2016, c. 588.

Cross references.

As to authority of police and other officers sent beyond territorial limits, see § 15.2-1724 . As to agreements for consolidation of police departments or for cooperation in furnishing police services, see § 15.2-1726 . As to mutual aid agreements among governing bodies of localities, see § 15.2-1736 .

§ 23.1-813. Officers and members to comply with requirements of Department of Criminal Justice Services.

All individuals appointed and employed as campus police officers or members of an auxiliary police force pursuant to this article shall comply with the requirements for law-enforcement officers as established by the Department of Criminal Justice Services pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1.

History. 1977, c. 79, § 23-235; 1984, c. 779; 1991, c. 711; 2016, c. 588.

§ 23.1-814. Termination of employment of campus police officers and members of auxiliary police forces.

An individual appointed as a campus police officer or a member of an auxiliary police force shall exercise his powers only as long as he remains employed or activated by the institution named in the order of the appointment. The appointment order entered by the circuit court shall automatically be revoked upon the termination of the employment of the officer or member at the institution and may be revoked by the court for malfeasance, misfeasance, or nonfeasance. The institution shall notify the court upon termination of the employment of the officer or member at the institution.

History. 1977, c. 79, § 23-237; 1991, c. 711; 2016, c. 588.

§ 23.1-815. Campus police forces and auxiliary police forces; powers and duties; jurisdiction.

  1. As used in this section:“Campus” means (i) any building or property owned or controlled by an institution of higher education located within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner relating to, the institution’s educational purposes, including residence halls, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.“Noncampus building or property” means (i) any building or property owned or controlled by a student organization that is officially recognized by an institution of higher education or (ii) any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.“Public property” means all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
  2. A campus police officer appointed as provided in § 23.1-812 or a member of an auxiliary police force appointed and activated pursuant to §§ 23.1-811 and 23.1-812 shall be deemed police officers of localities who may exercise the powers and duties conferred by law upon such police officers, including the provisions of Chapters 5 (§ 19.2-52 et seq.), 7 (§ 19.2-71 et seq.), and 23 (§ 19.2-387 et seq.) of Title 19.2, (i) upon any property owned or controlled by the public institution of higher education or private institution of higher education, or, upon request, any property owned or controlled by another public institution of higher education or private institution of higher education, and upon the streets, sidewalks, and highways immediately adjacent to any such property; (ii) pursuant to a mutual aid agreement (a) as provided for in § 15.2-1727 or (b) between the governing board of a public institution of higher education or private institution of higher education and another public institution of higher education or private institution of higher education in the Commonwealth or an adjacent political subdivision; (iii) in close pursuit of a person as provided in § 19.2-77 ; and (iv) upon approval by the appropriate circuit court of a petition by the local governing body for concurrent jurisdiction in designated areas with the police officers of the locality in which the institution, its satellite campuses, or other properties are located. The local governing body may only petition the circuit court for such concurrent jurisdiction pursuant to a request by the local law-enforcement agency.
  3. Each public institution of higher education and private institution of higher education that establishes a campus police force pursuant to this article shall enter into and become a party to a mutual aid agreement with an adjacent local law-enforcement agency or the Department of State Police for the use of their regular and auxiliary joint forces, equipment, and materials when needed in the investigation of any felony criminal sexual assault or medically unattended death occurring on property owned or controlled by such institution or any death resulting from an incident occurring on such property. Such mutual aid agreements shall include provisions requiring either the campus police force or the agency with which it has established a mutual aid agreement pursuant to this subsection, in the event that such police force or agency conducts an investigation that involves a felony criminal sexual assault as set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 occurring on campus, in or on a noncampus building or property, or on public property, to notify the local attorney for the Commonwealth of such investigation within 48 hours of beginning such investigation. No such notification provision shall require a campus police force or the agency with which it has established a mutual aid agreement to disclose identifying information about the victim. Nothing in this section prohibits a campus police force or auxiliary police force from requesting assistance from any appropriate law-enforcement agency of the Commonwealth with which the institution has not entered into a mutual aid agreement.
  4. Each public institution of higher education and nonprofit private institution of higher education that (i) has not established a campus police force or auxiliary police force pursuant to this article and (ii) has a security department, relies on local or state police forces, or contracts for security services from private parties pursuant to § 23.1-818 shall enter into and become a party to a memorandum of understanding with an adjacent local law-enforcement agency or the Department of State Police (the Department) to require either such local law-enforcement agency or the Department, in the event that such agency or the Department conducts an investigation that involves a felony criminal sexual assault as set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 occurring on campus, in or on a noncampus building or property, or on public property, to notify the local attorney for the Commonwealth of such investigation within 48 hours of beginning such investigation. No such notification provision shall require the law-enforcement agency or the Department to disclose identifying information about the victim.
  5. All mutual aid agreements and memoranda of understanding entered into pursuant to this section shall specify the procedure for sharing information.

History. 1977, c. 79, § 23-234; 1985, c. 386; 1991, c. 711; 1992, c. 187; 2002, c. 97; 2012, cc. 282, 450; 2015, c. 707; 2016, cc. 513, 571, 588.

Editor’s note.

Acts 2016, c. 513 amended former § 23-234, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 513 has been given effect in this section by inserting “nonprofit” preceding “private institution” in subsection D.

Acts 2016, c. 571 amended former § 23-234, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 amendment by c. 571 has been given effect in this section by adding subsection E.

CASE NOTES

Editor’s note.

The cases below were decided under prior law.

Authority of campus police. —

Amendment to statute clearly suggested the legislature’s intention was to extend the authority of campus police, such that the statute authorized campus police officers to exercise their powers on their own campus, on another campus by invitation, and upon the streets, sidewalks, and highways immediately adjacent to such campuses. Councill v. Commonwealth, 37 Va. App. 610, 560 S.E.2d 472, 2002 Va. App. LEXIS 144 (2002).

Because a campus police officer’s concurrent jurisdiction under §§ 19.2-249 , 19.2-250 , and 23-234 extended up to one mile beyond the city’s corporate limits, the officer was well within the statutorily prescribed jurisdiction when the officer stopped and arrested defendant for drunk driving 200 yards into the adjoining county. Boatwright v. Commonwealth, 50 Va. App. 169, 647 S.E.2d 515, 2007 Va. App. LEXIS 281 (2007).

Officers without authority under section could make private citizen arrest. —

Campus police officers who lacked authority to make an off-campus arrest of a burglary suspect under this section nevertheless retained the power as private citizens to place the suspect under arrest where they had reasonable grounds to believe that he was involved in the burglary. Hall v. Commonwealth, 12 Va. App. 559, 389 S.E.2d 921, 6 Va. Law Rep. 1730, 1990 Va. App. LEXIS 43 (1990).

CIRCUIT COURT OPINIONS

Authority of campus police outside of jurisdictional limits. —

Although an agreement pursuant to §§ 23-234 and 15.2-1726 was invalid and defendant was arrested beyond a university police officer’s jurisdictional limits, which made a certificate of breath analysis inadmissible, the rest of the evidence was admissible under the “good faith exception” to the Fourth Amendment’s exclusionary rule. Commonwealth v. Borek, 68 Va. Cir. 323, 2005 Va. Cir. LEXIS 196 (Charlottesville Aug. 4, 2005).

§ 23.1-815.1. (Effective until July 1, 2022) Facial recognition technology; approval.

  1. For purposes of this subsection, “facial recognition technology” means an electronic system for enrolling, capturing, extracting, comparing, and matching an individual’s geometric facial data to identify individuals in photos, videos, or real time. “Facial recognition technology” does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillance information.
  2. No campus police department shall purchase or deploy facial recognition technology unless such purchase or deployment of facial recognition technology is expressly authorized by statute. For purposes of this section, a statute that does not refer to facial recognition technology shall not be construed to provide express authorization. Such statute shall require that any facial recognition technology purchased or deployed by the campus police department be maintained under the exclusive control of such campus police department and that any data contained by such facial recognition technology be kept confidential, not be disseminated or resold, and be accessible only by a search warrant issued pursuant to Chapter 5 (§ 19.2-52 et seq.) of Title 19.2 or an administrative or inspection warrant issued pursuant to law.

History. 2021, Sp. Sess. I, c. 537.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 537, cl. 2 provides: “That local law-enforcement agencies and campus police departments at public institutions of higher education using facial recognition technology prior to July 1, 2021, are prohibited from using such technology on or after July 1, 2021, unless and until such use is authorized by an act of the General Assembly pursuant to the provisions of this act.”

Acts 2022, c. 737, cl. 3 provides: “That the provisions of this act shall expire on July 1, 2026.”

Effective date.

This section is effective July 1, 2021.

§ 23.1-815.1. (Effective July 1, 2022; Effective until July 1, 2026) Facial recognition technology; approval; penalty.

  1. For purposes of this section: “Authorized use” means the use of facial recognition technology to (i) help identify an individual when there is a reasonable suspicion the individual has committed a crime; (ii) help identify a crime victim, including a victim of online sexual abuse material; (iii) help identify a person who may be a missing person or witness to criminal activity; (iv) help identify a victim of human trafficking or an individual involved in the trafficking of humans, weapons, drugs, or wildlife; (v) help identify an online recruiter of criminal activity, including but not limited to human, weapon, drug, and wildlife trafficking; (vi) help a person who is suffering from a mental or physical disability impairing his ability to communicate and be understood; (vii) help identify a deceased person; (viii) help identify a person who is incapacitated or otherwise unable to identify himself; (ix) help identify a person who is reasonably believed to be a danger to himself or others; (x) help identify an individual lawfully detained; (xi) help mitigate an imminent threat to public safety, a significant threat to life, or a threat to national security, including acts of terrorism; (xii) ensure officer safety as part of the vetting of undercover law enforcement; (xiii) determine whether an individual may have unlawfully obtained one or more state driver’s licenses, financial instruments, or other official forms of identification using information that is fictitious or associated with a victim of identity theft; or (xiv) help identify a person who an officer reasonably believes is concealing his true identity and about whom the officer has a reasonable suspicion has committed a crime other than concealing his identity. “Facial recognition technology” means an electronic system or service for conducting an algorithmic comparison of images of a person’s facial features for the purpose of identification. “Facial recognition technology” does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillance information. “Publicly post” means to post on a website that is maintained by the entity or on any other website on which the entity generally posts information and that is available to the public or that clearly describes how the public may access such data. “State Police Model Facial Recognition Technology Policy” means the model policy developed and published by the Department of State Police pursuant to § 52-4.5 .
  2. Pursuant to § 2.2-1112 , the Division of Purchases and Supply (the Division) shall determine the appropriate facial recognition technology for use in accordance with this section. The Division shall not approve any facial recognition technology unless it has been evaluated by the National Institute of Standards and Technology (NIST) as part of the Face Recognition Vendor Test. Any facial recognition technology utilized shall utilize algorithms that have demonstrated (i) an accuracy score of at least 98 percent true positives within one or more datasets relevant to the application in a NIST Face Recognition Vendor Test report and (ii) minimal performance variations across demographics associated with race, skin tone, ethnicity, or gender. The Division shall require all approved vendors to annually provide independent assessments and benchmarks offered by NIST to confirm continued compliance with this section.
  3. A campus police department may use facial recognition technology for authorized uses. A match made through facial recognition technology shall not be included in an affidavit to establish probable cause for purposes of issuance of a search warrant or an arrest warrant but shall be admissible as exculpatory evidence. A campus police department shall not (i) use facial recognition technology for tracking the movements of an identified individual in a public space in real time; (ii) create a database of images using a live video feed for the purpose of using facial recognition technology; or (iii) enroll a comparison image in a commercial image repository of a facial recognition technology service provider except pursuant to an authorized use. Following such use as provided in clause (iii), no comparison image may be retained or used further by the service provider except as required for auditing that use or as may be otherwise required by law.
  4. A campus police department shall publicly post and annually update its policy on use of facial recognition technology before employing such facial recognition technology to investigate a specific criminal incident or citizen welfare situation. A campus police department that uses facial recognition technology may adopt the State Police Model Facial Recognition Technology Policy. If a campus police department uses facial recognition technology but does not adopt the State Police Model Facial Recognition Technology Policy, such department shall develop its own policy within 90 days of publication of the State Police Model Facial Recognition Technology Policy that meets or exceeds the standards set forth in such model policy. Any policy adopted or developed pursuant to this subsection shall be updated annually. A campus police department shall not utilize any facial recognition technology until after the publication of the State Police Model Facial Recognition Technology Policy and after publication of the department’s policy regarding use of facial recognition technology.
  5. Any campus police department that uses facial recognition technology shall maintain records sufficient to facilitate discovery in criminal proceedings, post-conviction proceedings, public reporting, and auditing of compliance with such department’s facial recognition technology policies. Such department that uses facial recognition technology shall collect data pertaining to (i) a complete history of each user’s queries; (ii) the total number of queries conducted; (iii) the number of queries that resulted in a list of possible candidates; (iv) how many times an examiner offered campus police an investigative lead based on his findings; (v) how many cases were closed due to an investigative lead from facial recognition technology; (vi) what types of criminal offenses are being investigated; (vii) the nature of the image repository being compared or queried; (viii) demographic information for the individuals whose images are queried; and (ix) if applicable, any other entities with which the department shared facial recognition data.
  6. Any chief of a campus police department whose department uses facial recognition technology shall publicly post and annually update a report by April 1 each year to provide information to the public regarding the department’s use of facial recognition technology. The report shall include all data required by clauses (ii) through (viii) of subsection E in addition to (i) all instances of unauthorized access of the facial recognition technology, including any unauthorized access by employees of the campus police department; (ii) vendor information, including the specific algorithms employed; and (iii) if applicable, data or links related to third-party testing of such algorithms, including any reference to variations in demographic performance. If any information or data (a) contains an articulable concern for any person’s safety; (b) is otherwise prohibited from public disclosure by federal or state statute; or (c) if disclosed, may compromise sensitive criminal justice information, such information or data may be excluded from public disclosure. Nothing herein shall limit disclosure of data collected pursuant to subsection E when such disclosure is related to a writ of habeas corpus.

    For purposes of this subsection, “sensitive criminal justice information” means information related to (1) a particular ongoing criminal investigation or proceeding, (2) the identity of a confidential source, or (3) law-enforcement investigative techniques and procedures.

  7. At least 30 days prior to procuring facial recognition technology, a campus police department shall notify in writing the institution of higher education that such department serves of such intended procurement, but such notice shall not be required if such procurement is directed by the institution of higher education.
  8. Any facial recognition technology operator employed by a campus police department who (i) violates the department’s policy for the use of facial recognition technology or (ii) conducts a search for any reason other than an authorized use is guilty of a Class 3 misdemeanor and shall be required to complete training on the department’s policy on and authorized uses of facial recognition technology before being reinstated to operate such facial recognition technology. The campus police department shall terminate from employment any facial recognition technology operator who violates clause (i) or (ii) for a second time. A facial recognition technology operator who commits a second or subsequent violation of this subsection is guilty of a Class 1 misdemeanor.

History. 2021, Sp. Sess. I, c. 537; 2022, c. 737.

§ 23.1-815.1. (Effective July 1, 2026) Facial recognition technology; approval.

  1. For purposes of this subsection, “facial recognition technology” means an electronic system for enrolling, capturing, extracting, comparing, and matching an individual’s geometric facial data to identify individuals in photos, videos, or real time. “Facial recognition technology” does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillance information.
  2. No campus police department shall purchase or deploy facial recognition technology unless such purchase or deployment of facial recognition technology is expressly authorized by statute. For purposes of this section, a statute that does not refer to facial recognition technology shall not be construed to provide express authorization. Such statute shall require that any facial recognition technology purchased or deployed by the campus police department be maintained under the exclusive control of such campus police department and that any data contained by such facial recognition technology be kept confidential, not be disseminated or resold, and be accessible only by a search warrant issued pursuant to Chapter 5 (§ 19.2-52 et seq.) of Title 19.2 or an administrative or inspection warrant issued pursuant to law.

History. 2021, cc. 537, 537.

§ 23.1-816. Extending police power of public institutions of higher education beyond boundaries; jurisdiction of general district courts; duty of attorneys for the Commonwealth.

  1. The governing board of any public institution of higher education that leases, rents, or owns satellite campuses, public buildings, and other property located beyond the limits of such institution has and may exercise full police power over such property and individuals using such property. The governing board may prescribe policies and regulations for the operation and use of such properties and the conduct of individuals using such property and may provide appropriate administrative penalties for the violation of such policies and regulations.
  2. The general district court for the locality in which violations of law or policies or regulations established by the governing board of the institution pursuant to subsection A occurs has jurisdiction over all cases involving such violations.
  3. It is the duty of each local attorney for the Commonwealth to prosecute all violators of the laws pertaining to the provisions enumerated in this article that occur in such locality.

History. 1991, c. 711, § 23-234.1; 2016, c. 588.

CASE NOTES

Territorial jurisdiction. —

Circuit court properly overruled defendant’s motion to suppress because, assuming without deciding that a Virginia Military Institute police officer arrested defendant outside of his territorial jurisdiction, the issuance of an arrest warrant by a judicial officer cured any defect in the arrest, defendant never challenged the magistrate’s finding of probable cause or the validity of the warrant upon which he was tried, and there was no legal basis for defendant’s assertion that he was denied procedural due process and that the circuit court erred in denying his motion to suppress inasmuch as he had a full and fair opportunity to attempt to prove or disprove any prejudicial effect of the violation. Martin v. Commonwealth, 2018 Va. App. LEXIS 128 (Va. Ct. App. May 8, 2018).

§ 23.1-817. Inspection of criminal incident information.

Criminal incident information of any campus police department established pursuant to § 23.1-810 , including (i) the date, time, and general location of the alleged crime; (ii) a general description of injuries suffered or property damaged or stolen; and (iii) the name and address of any individual arrested as a result of felonies committed against persons or property or misdemeanors involving assault, battery, or moral turpitude reported to the campus police, shall be open to inspection and copying by any citizen of the Commonwealth, currently registered student of the institution, or parent of a registered student during the regular office hours of the custodian of such information unless such disclosure is prohibited by law. If the release of such information is likely to jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until such damage is no longer likely to occur from the release of such information.

History. 1994, c. 457, § 23-232.2; 2016, c. 588.

§ 23.1-818. Security departments and other security services.

Nothing in this article shall abridge the authority of the governing board of a public institution of higher education or private institution of higher education to establish security departments, whose officers and employees shall not have the powers and duties set forth in § 23.1-815 , in place of or in addition to campus police departments, rely upon local or state police forces, or contract for security services from private parties.

History. 1977, c. 79, § 23-238; 2016, c. 588.

Article 4. Campus Safety; Hazing.

History. 2022, cc. 693, 694.

§ 23.1-819. (Effective July 1, 2022) Definitions.

For the purposes of this article, unless the context requires a different meaning:

“Hazing” means the same as that term is defined in § 18.2-56 .

“Institution” or “institution of higher education” means any nonprofit private institution of higher education and any public institution of higher education as defined in § 23.1-100 .

“Local organization” means a group that is not chartered or recognized by an institution or a national organization but is composed of members who are students at such institution and the institution is aware of the local organization’s existence or becomes aware of its existence after a hazing incident is reported to the institution.

“New member” means an individual who has been offered an invitation for membership in a student organization with new members but has not yet been initiated and is not recognized as a full member of the organization.

“New member event” means an official event or gathering hosted by a student organization with new members prior to new members of such organization being initiated into the organization to which all new members and members of the student organization hosting the event are invited or are instructed to attend.

“Potential new member” means an individual who has expressed interest in joining a student organization with new members by signing up to go through a recruitment process for such organization or organizations.

“Student organization recognized by an institution of higher education” means any group or organization on campus, including varsity intercollegiate and club athletic teams, recognized by an institution of higher education.

“Student organization with new members” means a student organization officially recognized by an institution of higher education structured in such a way that upon invitation for membership, individuals do not automatically become members of such organization and have a period of time between invitation for membership and being initiated into membership. “Student organization with new members” does not include any varsity intercollegiate or club athletic team.

History. 2022, cc. 693, 694.

§ 23.1-820. (Effective July 1, 2022) Hazing prevention training; current members, new members, potential new members, and advisors.

Each institution shall provide to each current member, new member, and potential new member of each student organization with new members hazing prevention training that includes extensive, current, and in-person education about hazing, the dangers of hazing, including alcohol intoxication, and hazing laws and institution policies and information explaining that the institution’s disciplinary process is not to be considered a substitute for the criminal legal process. If a student organization with new members has an advisor, such advisor shall receive such hazing prevention training.

History. 2022, cc. 693, 694.

§ 23.1-821. (Effective July 1, 2022) Hazing; disciplinary immunity for certain individuals who make reports; requirement to investigate.

  1. The governing board of each institution of higher education shall include as part of its policy, code, rules, or set of standards governing hazing a provision for immunity from disciplinary action based on hazing or personal consumption of drugs or alcohol where such disclosure is made by a bystander not involved in such acts in conjunction with a good faith report of an act of hazing in advance of or during an incident of hazing that causes injury or is likely to cause injury to a person.
  2. Upon learning of any alleged act of hazing, each institution shall use its disciplinary process to investigate such acts and the students involved in such acts.
  3. Nothing in this section shall be construed to prohibit the governing board of any institution from requiring access to services to support individuals who receive disciplinary immunity in accordance with the provisions of subsection A, including (i) counseling specific to alcohol abuse or drug abuse, or both, or (ii) inpatient or outpatient (a) alcohol counseling or treatment programs, (b) drug counseling or treatment programs, or (c) both alcohol and drug counseling or treatment programs.

History. 2022, cc. 693, 694.

§ 23.1-822. (Effective July 1, 2022) Institution reports of hazing violations.

  1. Each institution shall maintain and publicly report actual findings of violations of the institution’s code of conduct or of federal or state laws pertaining to hazing that are reported to campus authorities or local law enforcement. Investigations that do not result in findings of violations of codes of conduct or convictions in a court of law shall not be included in the report. The report shall include:
    1. The name of the student organization recognized by an institution of higher education or local organization, as such name of the local organization is known to the institution;
    2. When the student organization recognized by an institution of higher education or local organization was found responsible or convicted of misconduct pertaining to hazing;
    3. The date on which such hazing misconduct occurred and the dates that the investigation was initiated and concluded by the institution or local law enforcement; and
    4. Subject to the limitations in subsection B, a comprehensive description of the incident, including the findings, charges, and sanctions placed on the organization.
  2. Any reports made pursuant to subsection A shall not include any personally identifiable information of any students involved in the hazing misconduct and shall be subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
  3. Each institution shall update the report described in subsection A at least 10 calendar days before the start of fall and spring academic semesters.
  4. Reports required pursuant to this section shall be available on each institution’s homepage and Greek Life homepage, or its equivalent in a prominent location, and a hardcopy notice of the nature and availability of the reports, including the website address where they can be found, shall be provided to all attendees at student orientations.
  5. Each institution shall publicly maintain reports for a minimum of 10 years from the date of the initial disclosure of a report.
  6. Each institution shall annually update and report actual findings of violations of the institution’s code of conduct or of federal or state laws pertaining to hazing made pursuant to this section to the Timothy J. Piazza Center for Fraternity and Sorority Research and Reform at The Pennsylvania State University to update each organization’s national card and provide easily accessible documentation of all hazing incidents and provide additional awareness and easily accessible information on hazing.

History. 2022, cc. 693, 694.

Editor's note.

Acts 2022, cc. 693 and 694, cl. 2 provides: “That beginning with the 2022-2023 academic year, each institution shall maintain and publicly report actual findings of violations of the institution's code of conduct or of federal or state laws pertaining to hazing that are reported pursuant to § 23.1-822 of the Code of Virginia, as created by this act, to campus authorities or local law enforcement.”

Chapter 9. Academic Policies.

Article 1. General Provisions.

§ 23.1-900. Academic transcripts; suspension, permanent dismissal, or withdrawal from institution.

  1. As used in this section, “sexual violence” means physical sexual acts perpetrated against a person’s will or against a person incapable of giving consent.
  2. The registrar of each (i) private institution of higher education that is eligible to participate in the Tuition Assistance Grant Program pursuant to the Tuition Assistance Grant Act (§ 23.1-628 et seq.) or to receive project financing from the Virginia College Building Authority pursuant to Article 2 (§ 23.1-1220 et seq.) of Chapter 12 and (ii) public institution of higher education, or the other employee, office, or department of the institution that is responsible for maintaining student academic records, shall include a prominent notation on the academic transcript of each student who has been suspended for, has been permanently dismissed for, or withdraws from the institution while under investigation for an offense involving sexual violence under the institution’s code, rules, or set of standards governing student conduct stating that such student was suspended for, was permanently dismissed for, or withdrew from the institution while under investigation for an offense involving sexual violence under the institution’s code, rules, or set of standards. Such notation shall be substantially in the following form: “[Suspended, Dismissed, or Withdrew while under investigation] for a violation of [insert name of institution’s code, rules, or set of standards].” Each such institution shall (a) notify each student that any such suspension, permanent dismissal, or withdrawal will be documented on the student’s academic transcript; (b) adopt a procedure for removing such notation from the academic transcript of any student who is subsequently found not to have committed an offense involving sexual violence under the institution’s code, rules, or set of standards governing student conduct; and (c) adopt a policy for the expungement of such notation for good cause shown and after a period of three years.
  3. The institution shall remove from a student’s academic transcript any notation placed on such transcript pursuant to subsection B due to such student’s suspension if the student (i) completed the term and any conditions of the suspension and (ii) has been determined by the institution to be in good standing according to the institution’s code, rules, or set of standards governing such a determination.
  4. The provisions of this section shall apply only to a student who is taking or has taken a course at a public institution of higher education or private institution of higher education on a campus that is located in the Commonwealth; however, the provisions of this section shall not apply to any public institution of higher education established pursuant to Chapter 25 (§ 23.1-2500 et seq.).

History. 2015, c. 771, § 23-9.2:18; 2016, c. 588; 2020, c. 433.

The 2020 amendments.

The 2020 amendment by c. 433, added “and (c) adopt a policy for the expungement of such notation for good cause shown and after a period of three years” in the last sentence of subsection B and made stylistic changes.

§ 23.1-900.01. Diplomas; proof of education; method.

  1. Each public institution of higher education and private institution of higher education may provide any diploma or other proof of education to requesting individuals or entities using the method that it deems most appropriate, in either electronic or paper form.
  2. The Council shall post on its website a statement in accordance with the provisions of subsection A.

History. 2018, c. 515.

§ 23.1-900.1. Repealed by Acts 2018, c. 751, cl. 2.

Cross references.

For current provisions pertaining to constitutionally protected speech on campus, see § 23.1-401.1 .

Editor’s note.

Former § 23.1-900.1 , pertaining to speech on campus, derived from Acts 2017, c. 506.

Article 2. Programs of Instruction.

§ 23.1-901. Programs on economics education and financial literacy.

  1. Public institutions of higher education shall promote the development of student life skills by including the principles of economics education and financial literacy within an existing general education course, the freshman orientation process, or another appropriate venue. Such principles may include instruction concerning personal finance such as credit card use, opening and managing an account in a financial institution, completing a loan application, managing student loans, savings and investments, consumer rights and responsibilities, predatory lending practices and interest rates, consumer fraud, identity theft and protection, and debt management.
  2. The Council shall encourage private institutions of higher education to include such principles as part of their student orientation programs.

History. 2005, c. 741, § 23-9.2:3.5; 2007, c. 47; 2016, c. 588.

§ 23.1-902. Education preparation programs offered by institutions of higher education.

  1. Education preparation programs offered by public institutions of higher education and private institutions of higher education shall meet the requirements for accreditation and program approval as prescribed by the Board of Education in its regulations.
  2. The Board of Education may prescribe in its regulations requirements for admission to approved education preparation programs in the Commonwealth.
  3. Any candidate who fails to achieve the minimum score established by the Board of Education may be denied entrance into an education preparation program on the basis of such failure, but any such candidate who gains entrance and enrolls in an education preparation program shall have the opportunity to address all deficiencies.
  4. Education preparation programs offered by public institutions of higher education and private institutions of higher education shall ensure that, as a condition of degree completion, each student enrolled in the education preparation program receives instruction on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with regulations of the Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion.

History. 2006, cc. 27, 349, § 23-9.2:3.6; 2016, c. 588; 2019, cc. 63, 407; 2020, c. 870.

Editor’s note.

Acts 2020, c. 870, cl. 2 provides: “That the Board of Education shall adopt such regulations as are necessary to implement the provisions of this act.”

The 2019 amendments.

The 2019 amendments by cc. 63 and 407 are identical, and in subsection B, deleted the first sentence, which read: “As provided in § 22.1-298.2, the Board of Education shall prescribe an assessment of basic skills for individuals seeking entry into an approved education preparation program and shall establish a minimum passing score for such assessment” and deleted “other” preceding “requirements” in the second sentence.

The 2020 amendments.

The 2020 amendments by c. 870 added subsection D.

§ 23.1-902.1. (Effective until July 1, 2022) Education preparation programs; reading specialists; dyslexia.

Each education preparation program offered by a public institution of higher education or private institution of higher education that leads to a degree, concentration, or certificate for reading specialists shall include a program of coursework and other training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder. Such program shall (i) include coursework in the constructs and pedagogy underlying remediation of reading, spelling, and writing and (ii) require reading specialists to demonstrate mastery of an evidence-based, structured literacy instructional approach that includes explicit, systematic, sequential, and cumulative instruction.

History. 2018, cc. 282, 588.

Editor's note.

Acts 2022, cc. 549 and 550, cl. 2 provides: “That the provisions of this act shall become effective beginning with the 2024-2025 school year.”

Acts 2022, c. 757, cl. 2 provides: “That the provisions of this act shall become effective beginning with the 2024-2025 school year.”

The 2022 amendments.

The 2022 amendments by cc. 549 and 550 are identical, and added subsections A and B; redesignated section as subsection C, subsequently designated as subsection C by the Virginia Code Commission; and substituted “mastery of science-based reading research and evidence-based literacy instruction, including appropriate application of instructional supports and services and reading literacy interventions to ensure reading proficiency.” for “mastery of an evidence-based, structured literacy instructional approach that includes explicit, systematic, sequential, and cumulative instruction.” in clause (ii) of subsection E.

The 2022 amendment by c. 757, added subsections A and B and designated the section as subsection C, subsequently redesignated as subsections C, D and E by the Virginia Code Commission.

§ 23.1-902.1. (Effective July 1, 2022) Education preparation programs; coursework; audit.

  1. (Applicable to school years before the 2024-2025 school year)  As used in this section, “evidence-based literacy instruction” and “science-based reading research” have the same meanings as provided in § 22.1-1.
  2. (Applicable to school years before the 2024-2025 school year)  Each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any individual seeking (i) initial licensure with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, or special education blindness/visual impairments preschool through grade 12 or (ii) a certificate or microcredential in early literacy or literacy coaching shall provide a program of coursework and require such students to demonstrate mastery in science-based reading research and evidence-based literacy instruction.
  3. (Applicable beginning with the 2024-2025 school year)  Each education preparation program offered by a public institution of higher education or private institution of higher education that provides training for any student seeking initial licensure by the Board of Education shall:
    1. Include a program of coursework and require all such students to demonstrate mastery in science-based reading research and evidence-based literacy instruction. Each such program of coursework and the student mastery required to be demonstrated therein shall be consistent with definitions and expectations established by the Board of Education and the Department of Education after consultation with a commission consisting of independent literacy experts and stakeholders with knowledge of science-based reading research and evidence-based literacy instruction that has reviewed the requirements established in subdivision 6 of 8VAC20-23-130, subdivision 6 of 8VAC20-23-190, subdivision 2 a of 8VAC20-23-350, 8VAC20-23-510 through 8VAC20-23-580, and 8VAC20-23-660; and
    2. For any such student seeking initial licensure by the Board of Education as a teacher with an endorsement in early childhood, elementary education, or special education or with an endorsement as a reading specialist, ensure that reading coursework and field practice opportunities are a significant focus of the education preparation program.
  4. (Applicable beginning with the 2024-2025 school year)  The Department of Education shall audit at least once every seven years each education preparation program, in alignment with each program’s accreditation cycle, for compliance with the requirements set forth in subsection A.
  5. Each education preparation program offered by a public institution of higher education or private institution of higher education that leads to a degree, concentration, endorsement, or certificate for reading specialists shall include a program of coursework and other training in the identification of and the appropriate interventions, accommodations, and teaching techniques for students with dyslexia or a related disorder. Such program shall (i) include coursework in the constructs and pedagogy underlying remediation of reading, spelling, and writing and (ii) require reading specialists to demonstrate mastery of science-based reading research and evidence-based literacy instruction, including appropriate application of instructional supports and services and reading literacy interventions to ensure reading proficiency.

History. 2018, cc. 282, 588; 2022, cc. 549, 550, 757.

§ 23.1-903. Distance learning.

Each public institution of higher education shall include in its strategic plan information indicating to what extent, if any, it will use distance learning to expand access to, improve the quality of, and minimize the cost of education at such institution. For institutions that use distance learning or plan to use distance learning in the future, such information shall include the degree to which distance learning will be integrated into the curriculum, benchmarks for measuring such integration, and a schedule for the evaluation of distance learning courses.

The Council shall assist the governing board of each public institution of higher education in the development of such information.

History. 2004, c. 146, § 23-9.2:7; 2016, c. 588.

§ 23.1-903.1. Study abroad programs.

  1. As used in this section, “study abroad program” means a program sponsored, offered, or approved for credit by an institution of higher education in which program participants travel outside the United States in connection with an educational experience.
  2. The Council shall develop guidelines for study abroad programs.

History. 2016, c. 572.

Editor’s note.

Acts 2016, c. 572, enacted former § 23-9.2:19, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by c. 572 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

§ 23.1-903.2. Medical school; rotation requirement.

Any public institution of higher education that awards medical degrees shall create and support at least one clinical rotation in a hospital or clinic located in a medically underserved area of the state as determined by the Virginia Department of Health, in an area of the state that has an unemployment rate of one and one-half times the statewide average unemployment rate, or in a locality with a population of 50,000 or less in the Commonwealth.

History. 2016, c. 691.

Editor’s note.

Acts 2016, c. 691, enacted former § 23-9.2:3.11, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by c. 691 has been given effect in this section as set out above.

Effective date.

This section is effective October 1, 2016.

§ 23.1-903.3. Mortuary science education; practical experience requirement.

Every public institution of higher education that offers a degree in mortuary science shall require students to complete practical experience in the areas of funeral service and embalming prior to graduation from such program.

History. 2018, c. 186.

§ 23.1-903.4. (Effective until July 1, 2022) Innovative Internship Fund and Program.

  1. There is hereby created in the state treasury a special nonreverting fund to be known as the Innovative Internship Fund (the Fund). The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of the Innovative Internship Program established pursuant to subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Council.
  2. There is hereby established the Innovative Internship Program (the Program). The purpose of the Program is to expand paid or credit-bearing student internship and other work-based learning opportunities in collaboration with Virginia employers. The Program comprises institutional grants and a statewide initiative to facilitate the readiness of students, employers, and institutions of higher education to participate in internship and other work-based learning opportunities.
    1. In administering the statewide initiative, the Council shall (i) engage stakeholders from business and industry, secondary and higher education, economic development, and state agencies and entities that are successfully engaging employers or successfully operating internship programs; (ii) explore strategies in Virginia and elsewhere on successful institutional, regional, statewide or sector-based internship programs; (iii) gather data on current institutional internship practices, scale, and outcomes; (iv) develop internship readiness educational resources, delivery methods, certification procedures, and outreach and awareness activities for employer partners, students, and institutional career development personnel; (v) pursue shared services or other efficiency initiatives, including technological solutions; and (vi) create a process to track key measures of performance.
    2. The Council shall establish eligibility criteria, including requirements for matching funds, for institutional grants. Such grants shall be used to accomplish one or more of the following goals: (i) support state or regional workforce needs; (ii) support initiatives to attract and retain talent in the Commonwealth; (iii) support research and research commercialization in sectors and clusters targeted for development; (iv) support regional economic growth and diversification plans; (v) enhance the job readiness of students; (vi) enhance higher education affordability and timely completion for Virginia students; or (vii) further the objectives of increasing the tech talent pipeline.

History. 2019, cc. 794, 795.

The 2022 amendments.

The 2022 amendment by c. 420 added subdivision B 3.

§ 23.1-903.4. (Effective July 1, 2022) Innovative Internship Fund and Program.

  1. There is hereby created in the state treasury a special nonreverting fund to be known as the Innovative Internship Fund (the Fund). The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of the Innovative Internship Program established pursuant to subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Council.
  2. There is hereby established the Innovative Internship Program (the Program). The purpose of the Program is to expand paid or credit-bearing student internship and other work-based learning opportunities in collaboration with Virginia employers. The Program comprises institutional grants and a statewide initiative to facilitate the readiness of students, employers, and institutions of higher education to participate in internship and other work-based learning opportunities.
    1. In administering the statewide initiative, the Council shall (i) engage stakeholders from business and industry, secondary and higher education, economic development, and state agencies and entities that are successfully engaging employers or successfully operating internship programs; (ii) explore strategies in Virginia and elsewhere on successful institutional, regional, statewide or sector-based internship programs; (iii) gather data on current institutional internship practices, scale, and outcomes; (iv) develop internship readiness educational resources, delivery methods, certification procedures, and outreach and awareness activities for employer partners, students, and institutional career development personnel; (v) pursue shared services or other efficiency initiatives, including technological solutions; and (vi) create a process to track key measures of performance.
    2. The Council shall establish eligibility criteria, including requirements for matching funds, for institutional grants. Such grants shall be used to accomplish one or more of the following goals: (i) support state or regional workforce needs; (ii) support initiatives to attract and retain talent in the Commonwealth; (iii) support research and research commercialization in sectors and clusters targeted for development; (iv) support regional economic growth and diversification plans; (v) enhance the job readiness of students; (vi) enhance higher education affordability and timely completion for Virginia students; or (vii) further the objectives of increasing the tech talent pipeline.
    3. The Council shall partner with the Office of Education and Labor Market Alignment to collect and utilize data that includes the gaps that are most significant in hindering the Commonwealth from achieving the goals listed in subdivision 2. The Council and the Office of Education and Labor Market Alignment shall identify, at minimum: (i) state or regional workforce needs for which the lack of work-based learning opportunities is negatively impacting the success of regional economic growth and diversification plans and (ii) degree programs, the graduates of which describe themselves as underemployed, that would benefit from incorporating work-based learning into the curriculum. The Council and the Office of Education and Labor Market Alignment shall use the needs and degree programs identified in this subdivision to collaboratively determine priorities for: (a) using the portion of student financial aid authorized by the budget to be awarded as grants to students participating in work-based learning; (b) redesigning of curricula at public institutions of higher education; (c) garnering regional support and services to ensure the readiness of students and employers; (d) awarding grants to institutions of higher education to ensure their readiness to support students through detailed planning and implementation of best practices for scaling work-based learning; (e) providing or raising funds to provide matching funds so that students with limited resources, who have traditionally participated in the Program at lower rates, may intern at small Virginia-based employers; and (f) enhancing data collection and analysis.

History. 2019, cc. 794, 795; 2022, c. 420.

Article 3. Course Credit.

§ 23.1-904. (Effective until July 1, 2022) Course credit; veterans; active duty military students.

  1. The governing board of each public institution of higher education shall implement policies that provide students called to active military duty during an academic semester with the opportunity to earn full course credit. Such policies shall provide, as one option, that such students who have completed 75 percent of the course requirements at the time of activation and who meet other specified requirements receive full course credit.
  2. The governing board of each public institution of higher education shall, in accordance with guidelines developed by the Council, implement policies for the purpose of awarding academic credit to students for educational experience gained from service in the Armed Forces of the United States.
  3. The governing board of each public institution of higher education shall, in accordance with guidelines developed by the Council, implement policies that recognize the scheduling difficulties and obligations encountered by active duty members of the Armed Forces of the United States.

History. 2009, c. 190, § 23-9.2:3.7; 2012, cc. 167, 169; 2016, c. 588.

Editor's note.

Acts 2022, c. 330, cl. 2 provides: “That the governing board of each public institution of higher education shall map the existing opportunities to earn education, experience, training, and credentials in the Armed Forces of the United States to the award of academic credit in its programs. The State Council of Higher Education shall update its guidelines developed pursuant to subsection B of § 23.1-904 of the Code of Virginia, as amended by this act, no later than February 1, 2023, and the governing board of each public institution of higher education shall update its policies implemented pursuant to subsection B of § 23.1-904 of the Code of Virginia, as amended by this act, no later than the beginning of the 2023-2024 academic year.”

The 2022 amendments.

The 2022 amendment by c. 330 substituted “education, experience, training, and credentials” for “educational experience” in subsection B.

§ 23.1-904. (Effective July 1, 2022) Course credit; veterans; active duty military students.

  1. The governing board of each public institution of higher education shall implement policies that provide students called to active military duty during an academic semester with the opportunity to earn full course credit. Such policies shall provide, as one option, that such students who have completed 75 percent of the course requirements at the time of activation and who meet other specified requirements receive full course credit.
  2. The governing board of each public institution of higher education shall, in accordance with guidelines developed by the Council, implement policies for the purpose of awarding academic credit to students for education, experience, training, and credentials gained from service in the Armed Forces of the United States.
  3. The governing board of each public institution of higher education shall, in accordance with guidelines developed by the Council, implement policies that recognize the scheduling difficulties and obligations encountered by active duty members of the Armed Forces of the United States.

History. 2009, c. 190, § 23-9.2:3.7; 2012, cc. 167, 169; 2016, c. 588; 2022, c. 330.

§ 23.1-905. Academic credit for American Sign Language.

  1. Each public institution of higher education shall develop policies for counting credit received for successful completion of foreign language courses, including American Sign Language courses, either in a secondary school or another institution of higher education toward satisfaction of the foreign language entrance, placement, and course credit requirements of the public institution of higher education that are uniform across each foreign language program offered by the institution.
  2. Each public institution of higher education shall count credit received for successful completion of American Sign Language courses at the institution toward satisfaction of its foreign language course credit requirements.

History. 2011, c. 762, § 23-9.2:3.9; 2016, c. 588; 2017, c. 292.

The 2017 amendments.

The 2017 amendment by c. 292 rewrote subsection A, which formerly read: “Each public institution of higher education shall count credit received for successful completion of American Sign Language courses either in a secondary school or another institution of higher education toward satisfaction of the foreign language entrance requirements of the public institution of higher education”; and added subsection B.

§ 23.1-905.1. Course credit; dual enrollment courses.

  1. The Council, in consultation with each public institution of higher education, shall establish a policy for granting undergraduate course credit to any entering student who has successfully completed a dual enrollment course. The policy shall:
    1. Outline the conditions necessary for each public institution of higher education to grant course credit for the successful completion of a dual enrollment course;
    2. Identify whether each dual enrollment course offered in the Commonwealth is transferrable to a public institution of higher education as (i) a Uniform Certificate of General Studies Program or Passport Program course credit, (ii) a general elective course credit, or (iii) a course credit meeting other academic requirements of a public institution of higher education, or if such course is not likely to transfer for course credit. The policy shall also require that each school division and comprehensive community college offering a dual enrollment course clearly specify such transfer information on any website, literature, or other materials describing or advertising the course;
    3. Require each public institution of higher education offering a dual enrollment course to identify the equivalent non-dual enrollment course;
    4. Ensure that the grant of course credit is consistent across each public institution of higher education and each such dual enrollment course; and
    5. Require that the following information be made available on the online portal maintained by the System pursuant to subsection C of § 23.1-908 : (i) a description of each dual enrollment course offered in the Commonwealth; (ii) the specific academic, career, or technical programs in the System that will accept the course credit and which specific comprehensive community colleges offer such programs; and (iii) if available, the pathway maps in which the dual enrollment course is included.
  2. The Council and each public institution of higher education shall make the policy available to the public on their websites. The Council shall also forward the policy to the System for inclusion in the online portal maintained by the System pursuant to § 23.1-908 .
  3. The Council shall annually report to the House Committee on Education and the Senate Committee on Education and Health on the implementation of the course credit policy by each public institution of higher education.

History. 2017, cc. 309, 316; 2018, cc. 832, 845.

The 2018 amendments.

The 2018 amendments by cc. 832 and 845 are identical, and rewrote subsection A; and added the second sentence to subsection B.

§ 23.1-906. Course credit; Advanced Placement, Cambridge Advanced, College-Level Examination Program, and International Baccalaureate examinations.

  1. The Council, in consultation with the governing board of each public institution of higher education, shall establish a policy for granting undergraduate course credit to entering freshman students who have taken one or more Advanced Placement, Cambridge Advanced (A/AS), College-Level Examination Program (CLEP), or International Baccalaureate examinations. The policy shall:
    1. Outline the conditions necessary for each public institution of higher education to grant course credit, including the minimum required scores on such examinations;
    2. Identify the course credit or other academic requirements of each public institution of higher education that the student satisfies by achieving the minimum required scores on such examinations; and
    3. Ensure, to the extent possible, that the grant of course credit is consistent across each public institution of higher education and each such examination.
  2. The Council and each public institution of higher education shall make the policy available to the public on its website.

History. 2015, c. 578, § 23-9.2:3.10; 2016, c. 588.

Article 4. Articulation, Transfer, and Dual Enrollment.

§ 23.1-907. Articulation, dual admissions, and guaranteed admissions agreements; admission of certain comprehensive community college graduates.

  1. The board of visitors of each baccalaureate public institution of higher education shall develop, consistent with Council guidelines and the institution’s six-year plan as set forth in § 23.1-306 , articulation, dual admissions, and guaranteed admissions agreements with each associate-degree-granting public institution of higher education. Such guaranteed admissions agreements may provide for the guaranteed admission of a student who earns an associate degree concurrently with a high school diploma through a dual enrollment program, in addition to any guaranteed admission for a student who earns an associate degree post-high school.
  2. The System, in cooperation with the Council and each public institution of higher education, and consistent with the guidelines developed pursuant to subdivision 20 of § 23.1-203 , shall establish a one-semester Passport Program and a one-year Uniform Certificate of General Studies Program. The Passport Program shall consist of 15 course credit hours and shall be a component of the 30-credit-hour Uniform Certificate of General Studies Program. Each Uniform Certificate of General Studies Program and Passport Program course shall be transferable and shall satisfy a lower division general education requirement at any public institution of higher education. The Uniform Certificate of General Studies Program and Passport Program shall be available at each comprehensive community college and through the Online Virginia Network.
  3. The Council shall establish procedures under which a baccalaureate public institution of higher education may seek a waiver from the Council from accepting the transfer of a Uniform Certificate of General Studies Program or Passport Program course to satisfy the requirements for the completion of a specific pathway or degree. A waiver shall not be granted allowing a baccalaureate public institution to (i) generally reject the transfer of all coursework that is a part of the Uniform Certificate of General Studies Program or Passport Program or (ii) generally reject the transfer of a course from the Uniform Certificate of General Studies Program or Passport Program for all pathway maps and degrees. An application for a waiver shall identify with particularity the course for which the institution is seeking a waiver and the particular pathway or degree to which the waiver would apply. The application shall provide justification for the waiver and shall designate alternative courses offered through the System that may be completed by a student in order to complete a transferable, 30-credit-hour Uniform Certificate or 15-credit-hour Passport. The Council shall adopt guidelines regarding the criteria to be used to review and issue decisions regarding waiver requests. Such waiver requests shall only be granted if the baccalaureate public institution of higher education provides evidence that the specified pathway or degree requires a specialized, lower division course not available through the System. Once approved, notice of a waiver granted by the Council shall be included in the online portal established pursuant to § 23.1-908 .
  4. The Council shall develop guidelines for associate-degree-granting and baccalaureate public institutions of higher education to use in mapping pathways for the completion of credits in particular programs of study, including the courses recommended to be taken in a dual enrollment, comprehensive community college, and baccalaureate public institution setting in order to pursue a specific degree or career. Such guidelines shall define the elements of a pathway map and identify the pathway maps to be developed. Initial guidelines adopted for mapping such pathways shall establish a multiyear schedule for the development and implementation of pathway maps for all fields of study.
  5. Each baccalaureate public institution of higher education, in cooperation and consultation with the System, shall develop pathway maps consistent with the guidelines established pursuant to subsection D. Such pathways maps shall clearly set forth the courses that a student at a comprehensive community college is encouraged to complete prior to transferring to the baccalaureate institution. The goal of the career education pathway maps shall be to assist students in achieving optimal efficiencies in the time and cost of completing a degree program. Such program map shall also clearly identify the courses, if any, for which the baccalaureate institution has received a waiver from transfer pursuant to subsection C.
  6. The Council shall prepare a comprehensive annual report on the effectiveness of transferring from comprehensive community colleges to baccalaureate public institutions of higher education, including a review of the effectiveness of the use of pathway maps in achieving efficiencies and cost savings in the completion of a degree program. The report shall include the following elements: completion rates, average time to degree, credit accumulation, post-transfer student academic performance, and comparative efficiency. The Council shall adopt guidelines for data submission from public institutions of higher education necessary for such report, and all institutions shall report such data in accordance with the guidelines. The report shall be made publicly available on the Council website and on the online portal maintained pursuant to § 23.1-908 .
  7. Each comprehensive community college shall develop agreements for postsecondary attainment with the public high schools in the school divisions that such comprehensive community college serves specifying the options for students to complete an associate degree, the Passport Program, or the Uniform Certificate of General Studies Program concurrent with a high school diploma. Such agreements shall specify the credit available for dual enrollment courses and Advanced Placement courses with qualifying exam scores of three or higher.
  8. The provisions of this section shall not apply to any public institution of higher education established pursuant to Chapter 25 (§ 23.1-2500 et seq.).

History. 2005, c. 818, § 23-9.2:3.02; 2006, cc. 379, 531; 2007, c. 46; 2011, cc. 828, 869; 2012, cc. 142, 794; 2014, c. 628; 2016, c. 588; 2017, c. 521; 2018, cc. 593, 832, 845.

Editor’s note.

Acts 2018, cc. 832 and 845, cl. 2 provides: “That the State Board for Community Colleges shall develop an initial plan for the standardization of courses offered at all comprehensive community colleges, including a timeline for completion of the standardization and the identification of any resources or funding needed to implement the standardization, and report such plan to the State Council of Higher Education for Virginia and the Chairmen of the House Committee on Education, the House Committee on Appropriations, the Senate Committee on Education and Health, and the Senate Committee on Finance no later than September 1, 2018. The Virginia Community College System shall establish the one-semester Passport Program and one-year Uniform Certificate of General Studies Program as required by this act by July 1, 2020, and each associate-degree-granting public institution shall offer such programs by the 2020-2021 academic year.”

The 2017 amendments.

The 2017 amendment by c. 521 inserted present subsection B, and redesignated remaining subsections accordingly.

The 2018 amendments.

The 2018 amendment by c. 593 added the last sentence in subsection A.

The 2018 amendments by cc. 832 and 845 are identical, and rewrote the section.

§ 23.1-908. State Transfer Tool.

  1. The Council shall develop, in cooperation with the System and each public institution of higher education, a State Transfer Tool that designates each general education course, in addition to the courses that comprise the Uniform Certificate of General Studies Program and the Passport Program, that is offered in an associate degree program at an associate-degree-granting public institution of higher education and transferable for course credit to a baccalaureate public institution of higher education. In developing the State Transfer Tool, the Council shall also seek the participation of private institutions of higher education.
  2. The Council shall develop guidelines to govern the development and implementation of articulation, dual admissions, and guaranteed admissions agreements between associate-degree-granting public institutions of higher education and baccalaureate public institutions of higher education. Dual admissions agreements shall set forth (i) the obligations of each student accepted to such a program, including grade point average requirements, acceptable associate degree majors, and completion timetables, and (ii) the extent to which each student accepted to such a program may access the privileges of enrollment at both institutions while he is enrolled at either institution. Such agreements are subject to the admissions requirements of the baccalaureate public institutions of higher education.
  3. Each baccalaureate public institution of higher education shall update its transfer agreements immediately following any program modifications and shall send a copy of its updated agreement and any other transfer-related documents and resources to the System. The Council shall also send to the System a copy of any transfer-related guidelines and resources that it possesses. The System shall maintain an online portal that allows access to all such agreements, documents, and resources. The online portal shall also include (i) documents and resources related to course equivalency, (ii) pathway maps established pursuant to subsection E of § 23.1-907 , (iii) the transfer tool established pursuant to subsection A, (iv) information regarding dual enrollment courses as described in § 23.1-905.1 , and (v) any other information required to be included by law or deemed relevant by the System. The online portal shall be available to the public on the websites of the Council, the System, each public institution of higher education, and each school division offering a dual enrollment course.

History. 2004, c. 553, § 23-9.14:2; 2005, c. 818; 2006, c. 379; 2014, c. 628; 2016, c. 588; 2017, c. 521; 2018, cc. 832, 845.

Editor’s note.

Acts 2018, cc. 832 and 845, cl. 2 provides: “That the State Board for Community Colleges shall develop an initial plan for the standardization of courses offered at all comprehensive community colleges, including a timeline for completion of the standardization and the identification of any resources or funding needed to implement the standardization, and report such plan to the State Council of Higher Education for Virginia and the Chairmen of the House Committee on Education, the House Committee on Appropriations, the Senate Committee on Education and Health, and the Senate Committee on Finance no later than September 1, 2018. The Virginia Community College System shall establish the one-semester Passport Program and one-year Uniform Certificate of General Studies Program as required by this act by July 1, 2020, and each associate-degree-granting public institution shall offer such programs by the 2020-2021 academic year.”

The 2017 amendments.

The 2017 amendment by c. 521 inserted “passport credit courses and other” in subsection C.

The 2018 amendments.

The 2018 amendments by cc. 832 and 845 are identical, and in subsection A, inserted “the System and” and “in addition to the courses that comprise the Uniform Certificate of General Studies Program and the Passport Program”; rewrote subsection C, which formerly read “The Council shall develop and make available to the public information identifying all passport credit courses and other general education courses offered at associate-degree-granting public institutions of higher education and designating those that are transferable for course credit at baccalaureate public institutions of higher education and baccalaureate private institutions of higher education.”

§ 23.1-909. Combined cooperative degree program.

  1. The Secretary of Education and the director of the Council, in consultation with each public institution of higher education and nonprofit private institution of higher education, shall develop a plan to establish and advertise a cooperative degree program whereby any undergraduate student enrolled at any public institution of higher education or nonprofit private institution of higher education may complete, through the use of online courses at any such institution, the course credit requirements to receive a degree at a tuition cost not to exceed $4,000, or the lowest cost that is achievable, per academic year.
  2. No later than October 1, 2016, the Secretary of Education and the director of the Council shall report to the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Finance and Appropriations, and the Senate Committee on Education and Health on the progress made toward developing a cooperative degree program plan pursuant to this section.

History. 2015, c. 664, § 23-7.4:7; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

Subtitle III. Management and Financing.

Chapter 10. Restructured Higher Education Financial and Administrative Operations Act.

Article 1. Definitions.

§ 23.1-1000. Definitions.

As used in this chapter, unless the context requires a different meaning:

“Bonds, notes, or other obligations” means bonds, notes, commercial paper, bond anticipation notes, revenue certificates, capital leases, lease participation certificates, or other evidences of indebtedness or deferred purchase financing arrangements.

“Capital project” means the acquisition of any interest in land, including (i) capital leases and (ii) improvements on the acquired land consisting of (a) new construction of at least 5,000 square feet, (b) new construction costing at least $2 million, or (c) improvements or renovations costing at least $2 million.

“Covered employee” means any individual who is employed by a covered institution on either a salaried or wage basis.

“Covered institution” means a public institution of higher education that has entered into a management agreement with the Commonwealth to be governed by the provisions of Article 4 (§ 23.1-1004 et seq.).

“Enabling statutes” means each chapter in Subtitle IV (§ 23.1-1300 et seq.), and in the case of the University of Virginia Medical Center §§ 2.2-2817.2 , 2.2-2905 , 51.1-126.3 , and 51.1-1100 , creating, continuing, or otherwise setting forth the powers, duties, purposes, and missions of each individual public institution of higher education unless otherwise expressly provided in this chapter.

“Facilities” means all (i) real, personal, tangible, and intangible property, including all (a) infrastructure suitable for supporting a covered institution’s mission and ancillary activities and (b) structures, buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, furnishings, landscaping, approaches, roadways, and other related and supporting facilities held, possessed, owned, leased, operated, or used, in whole or in part, by a covered institution and (ii) rights in such property.

“Includes” has the same meaning as provided in § 1-218 .

“Management agreement” means an agreement between the Commonwealth and a public institution of higher education that enables such institution to be governed by Article 4 (§ 23.1-1004 et seq.).

“Participating covered employee” includes (i) all salaried nonfaculty covered employees who were employed by the covered institution on the day prior to the effective date of the initial management agreement and elect pursuant to § 23.1-1022 to participate in and be governed by the program, plans, policies, and procedures established by the institution pursuant to Article 4 (§ 23.1-1004 et seq.); (ii) all salaried nonfaculty covered employees who are employed by the covered institution on or after the effective date of the initial management agreement; (iii) all nonsalaried nonfaculty covered employees of the covered institution without regard to when they were hired; (iv) all faculty covered employees of the covered institution without regard to when they were hired; and (v) all employees of the University of Virginia Medical Center without regard to when they were hired.

“Project” means (i) any research program, research facility, or educational facility of a covered institution or equipment necessary or convenient to or consistent with the purposes of such institution, whether or not owned by the institution, including (a) research, training, teaching, dormitory, and classroom facilities and all related and supporting facilities and equipment necessary or desirable in connection with such facilities or incidental to such facilities; (b) office, parking, kitchen, laundry, laboratory, wellness, pharmaceutical, administrative, communications, computer, and recreational and athletics facilities; (c) hotels and related facilities; (d) power plants and equipment; (e) storage space; (f) hospitals; (g) nursing homes; (h) continuing care facilities; (i) self-care facilities; (j) health maintenance centers; (k) medical office facilities; (l) clinics; (m) outpatient clinics; (n) surgical centers; (o) alcohol, substance abuse, and drug treatment centers; (p) sanitariums; (q) hospices; (r) facilities for the residence or care of the elderly, handicapped, or chronically ill; (s) residential facilities for nurses, interns, and physicians; (t) other facilities for the treatment of sick, disturbed, or infirm individuals, the prevention of disease, or the maintenance of health; (u) colleges, schools, or divisions offering undergraduate, graduate, professional, or extension programs, or any combination of such programs, for such courses of study as may be appropriate; (v) vehicles, mobile medical facilities, and other transportation equipment; and (w) air transport equipment, including equipment necessary or desirable for the transportation of medical equipment, medical personnel, or patients; and (ii) all lands, buildings, improvements, approaches, and appurtenances necessary or desirable in connection with or incidental to any such program, facility, or equipment.

“Virginia Retirement System” includes any retirement system established or authorized by Title 51.1.

History. 2005, cc. 933, 945, § 23-38.89; 2016, c. 588.

OPINIONS OF THE ATTORNEY GENERAL

Wage requirements under public work contracts.

Unless otherwise exempted by specific statutes outside of the Virginia Public Procurement Act ( § 2.2-4300 et seq.), the prevailing wage requirements for public works contracts under the Virginia Public Procurement Act apply to institutions of higher education in Virginia. See opinion of Attorney General to Hon. Mark D. Sickles, Member, House of Delegates, 21-041, 2021 Va. AG LEXIS 18 (5/24/21).

Article 2. Financial and Administrative Standards, Authority, and Incentives.

§ 23.1-1001. Financial and administrative management standards for public institutions of higher education.

  1. Each public institution of higher education shall meet the following financial and administrative management standards:
    1. An unqualified opinion from the Auditor of Public Accounts upon the audit of the public institution’s financial statements;
    2. No significant audit deficiencies attested to by the Auditor of Public Accounts;
    3. Substantial compliance with all financial reporting standards approved by the State Comptroller;
    4. Substantial attainment of accounts receivable standards approved by the State Comptroller, including any standards for outstanding receivables and bad debts;
    5. Substantial attainment of accounts payable standards approved by the State Comptroller including any standards for accounts payable past due; and
    6. Other financial and administrative management standards established by the Governor or included in the general appropriation act currently in effect.
  2. Each public institution of higher education that does not meet all of the financial management standards in subsection A according to the written certification of the Auditor of Public Accounts pursuant to § 30-133.1 shall develop and implement a written plan of corrective action to meet such standards as soon as practicable. The chairman or rector of the governing board of the public institution of higher education shall promptly provide a copy of the completed written plan to the Auditor of Public Accounts and the Secretaries of Education, Finance, and Administration.
  3. Each public institution of higher education that does not meet all of the administrative management standards established by the Governor and such standards currently in effect for such institutions according to the written certification of the Auditor of Public Accounts pursuant to § 30-133.1 shall develop and implement a written plan of corrective action to meet such standards as soon as practical. The chairman or rector of the governing board of the public institution of higher education shall promptly provide a copy of the completed written plan to the Auditor of Public Accounts and the Secretaries of Education, Finance, and Administration.

History. 2016, c. 588.

Effective date.

This section is effective October 1, 2016.

§ 23.1-1002. Eligibility for restructured financial and administrative operational authority and financial benefits.

  1. The state goals for each public institution of higher education are to:
    1. Consistent with its institutional mission, provide access to higher education for all citizens throughout the Commonwealth, including underrepresented populations, and consistent with subdivision 4 of § 23.1-203 and in accordance with anticipated demand analysis, meet enrollment projections and degree estimates as agreed upon with the Council. Each such institution shall bear a measure of responsibility for ensuring that the statewide demand for enrollment is met;
    2. Consistent with § 23.1-306 , ensure that higher education remains affordable, regardless of individual or family income, and through a periodic assessment determine the impact of tuition and fee levels net of financial aid on applications, enrollment, and student indebtedness incurred for the payment of tuition, mandatory fees, and other necessary charges;
    3. Offer a broad range of undergraduate and, where appropriate, graduate programs consistent with its mission and assess regularly the extent to which the institution’s curricula and degree programs address the Commonwealth’s need for sufficient graduates in particular shortage areas, including specific academic disciplines, professions, and geographic regions;
    4. Ensure that the institution’s academic programs and course offerings maintain high academic standards by undertaking a continuous review and improvement of academic programs, course availability, faculty productivity, and other relevant factors;
    5. Improve student retention so that students progress from initial enrollment to a timely graduation and the number of degrees conferred increases as enrollment increases;
    6. Consistent with its institutional mission, develop articulation agreements that have uniform application to all comprehensive community colleges and meet appropriate general education and program requirements at the baccalaureate institution of higher education, provide additional opportunities for associate degree graduates to be admitted and enrolled, and offer dual enrollment programs in cooperation with high schools;
    7. Actively contribute to efforts to stimulate the economic development of the Commonwealth and the area in which the institution is located, and for those institutions subject to a management agreement pursuant to Article 4 (§ 23.1-1004 et seq.), in areas with below-state average income levels and employment rates;
    8. Consistent with its institutional mission, increase the level of externally funded research conducted at the institution and facilitate the transfer of technology from university research centers to private sector companies;
    9. Work actively and cooperatively with public elementary and secondary school administrators, teachers, and students to improve student achievement, upgrade the knowledge and skills of teachers, and strengthen leadership skills of school administrators;
    10. Prepare a six-year financial plan consistent with § 23.1-306 ;
    11. Conduct the institution’s business affairs in a manner that (i) helps maximize the operational efficiencies and economies of the institution and the Commonwealth and (ii) meets all financial and administrative management standards pursuant to § 23.1-1001 specified by the Governor and included in the current general appropriation act, which shall include best practices for electronic procurement and leveraged purchasing, information technology, real estate portfolio management, and diversity of suppliers through fair and reasonable consideration of small, women-owned, and minority-owned business enterprises; and
    12. Seek to ensure the safety and security of students on campus.
  2. Each public institution of higher education that meets the state goals set forth in subsection A on or after August 1, 2005, may:
    1. Dispose of its surplus materials at the location where the surplus materials are held and retain any proceeds from such disposal as provided in subdivision B 14 of § 2.2-1124 ;
    2. As provided in and pursuant to the conditions in subsection C of § 2.2-1132 , contract with a building official of the locality in which construction is taking place and for such official to perform any inspection and certifications required to comply with the Uniform Statewide Building Code (§ 36-97 et seq.) pursuant to subsection C of § 36-98.1 ;
    3. For each public institution of higher education that has in effect a signed memorandum of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the general appropriation act, as provided in subsection C of § 2.2-1132 , enter into contracts for specific construction projects without the preliminary review and approval of the Division of Engineering and Buildings of the Department of General Services, provided that such institutions are in compliance with the requirements of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and utilize the general terms and conditions for those forms of procurement approved by the Division of Engineering and Buildings and the Office of the Attorney General;
    4. Acquire easements as provided in subdivision 4 of § 2.2-1149 ;
    5. Enter into an operating/income lease or capital lease pursuant to the conditions and provisions in subdivision 5 of § 2.2-1149 ;
    6. Convey an easement pertaining to any property such institution owns or controls as provided in subsection C of § 2.2-1150 ;
    7. In accordance with the conditions and provisions in subdivision C 2 of § 2.2-1153 , sell surplus real property that is possessed and controlled by the institution and valued at less than $5 million;
    8. For purposes of compliance with § 2.2-4310 , procure goods, services, and construction from a vendor that the institution has certified as a small, women-owned, or minority-owned business enterprise pursuant to the conditions and provisions in § 2.2-1609 ;
    9. Be exempt from review of its budget request for information technology by the CIO as provided in subdivision B 3 of § 2.2-2007.1 ;
    10. Adopt policies for the designation of administrative and professional faculty positions at the institution pursuant to the conditions and provisions in subsection E of § 2.2-2901 ;
    11. Be exempt from reporting its purchases to the Secretary of Education, provided that all purchases, including sole source purchases, are placed through the Commonwealth’s electronic procurement system using proper system codes for the methods of procurement; and
    12. Utilize as methods of procurement a fixed price, design-build, or construction management contract in compliance with the provisions of Chapter 43.1 (§ 2.2-4378 et seq.) of Title 2.2.
  3. Each public institution of higher education that (i) has been certified during the fiscal year by the Council pursuant to § 23.1-206 as having met the institutional performance benchmarks for public institutions of higher education and (ii) meets the state goals set in subsection A shall receive the following financial benefits:
    1. Interest on the tuition and fees and other nongeneral fund Educational and General Revenues deposited into the state treasury by the institution, as provided in the general appropriation act. Such interest shall be paid from the general fund and shall be an appropriate and equitable amount as determined and certified in writing by the Secretary of Finance to the Comptroller by the end of each fiscal year or as soon as practicable after the end of such fiscal year;
    2. Any unexpended appropriations of the public institution of higher education at the end of the fiscal year, which shall be reappropriated and allotted for expenditure by the institution in the immediately following fiscal year;
    3. A pro rata amount of the rebate due to the Commonwealth on credit card purchases of $5,000 or less made during the fiscal year. The amount to be paid to each institution shall equal a pro rata share based upon its total transactions of $5,000 or less using the credit card that is approved for use by all state agencies as compared to all transactions of $5,000 or less using such card by all state agencies. The Comptroller shall determine the public institution’s pro rata share and, as provided in the general appropriation act, shall pay the institution by August 15 of the fiscal year immediately following the year of certification or as soon as practicable after August 15 of such fiscal year. The payment to an institution of its pro rata share under this subdivision shall also be applicable to other rebate or refund programs in effect that are similar to that of the credit card rebate program described in this subdivision. The Secretary of Finance shall identify such other rebate or refund programs and shall determine the pro rata share to be paid to the institution; and
    4. A rebate of any transaction fees for the prior fiscal year paid for sole source procurements made by the institution in accordance with subsection E of § 2.2-4303 for using a vendor that is not registered with the Department of General Services’ web-based electronic procurement program commonly known as “eVA,” as provided in the general appropriation act. Such rebate shall be certified by the Department of General Services and paid to each public institution by August 15 of the fiscal year immediately following the year of certification or as soon as practicable after August 15 of such fiscal year.

History. 2005, cc. 933, 945, § 23-38.88; 2006, c. 775; 2009, cc. 827, 845; 2011, cc. 828, 869; 2013, c. 482; 2014, c. 628; 2016, cc. 296, 588; 2017, cc. 699, 704.

Editor’s note.

Acts 2016, c. 296 amended former § 23-38.88, from which this section is derived. Pursuant to § 30-152 and Acts 2016, c. 588, cl. 4, the 2016 enactment by c. 296 has been given effect in this section by substituting “B 3 of § 2.2-2007.1 ” for “A 4 of § 2.2-2007 ” in subdivision B 9.

The 2017 amendments.

The 2017 amendments by cc. 699 and 704 are identical, and substituted “in compliance with the provisions of Chapter 43.1 (§ 2.2-4378 et seq.) of Title 2.2” for “notwithstanding the provisions of § 2.2-4306 ” in subdivision B 12.

Article 3. Restructured Financial and Administrative Authority; Memorandum of Understanding.

§ 23.1-1003. Memoranda of understanding.

  1. Each public institution of higher education that meets the state goals set forth in subsection A of § 23.1-1002 may enter into a memorandum of understanding with the appropriate Cabinet Secretary, as designated by the Governor, for restructured operational authority in any operational area adopted by the General Assembly in accordance with law, provided that the authority granted in the memorandum of understanding is consistent with that institution’s ability to manage its operations in the particular area and:
    1. The institution is certified by the Council pursuant to § 23.1-206 or 23.1-310 for the most recent year that the Council has completed certification;
    2. An absolute two-thirds or more of the institution’s governing board has voted in the affirmative for a resolution expressing the sense of the board that the institution is qualified to be, and should be, governed by memoranda of understanding;
    3. The institution adopts at least one new measure for each area of operational authority for which a memorandum of understanding is requested. Each measure shall be developed in consultation with (i) the appropriate Cabinet Secretary or (ii) the Secretary of Education and the Council if the measure is education-related. Any education-related measure is subject to the approval of the Council; and
    4. The institution posts on the Department of General Services’ central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Commonwealth’s procurement opportunities on one website.
  2. Within 15 days of receipt of a request from a public institution of higher education to enter into a memorandum of understanding, the Cabinet Secretary receiving the request shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the request. The Cabinet Secretary shall determine within 90 calendar days whether to enter into the requested memorandum of understanding or a modified memorandum of understanding.
  3. If the Cabinet Secretary enters into a memorandum of understanding with the public institution of higher education, he shall forward a copy of the governing board’s resolution and a copy of the memorandum of understanding to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. Each initial memorandum of understanding shall remain in effect for three years. Subsequent memoranda of understanding shall remain in effect for five years.
  4. If the Cabinet Secretary does not enter into a memorandum of understanding with the public institution of higher education, he shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the reasons for denying the institution’s request. If an institution’s request is denied, nothing in this section shall prohibit a public institution of higher education from submitting a future request to enter into a memorandum of understanding pursuant to this section.

History. 2005, cc. 933, 945, §§ 23-38.88, 23-38.90; 2006, c. 775; 2008, cc. 824, 829; 2009, cc. 827, 845; 2011, cc. 332, 828, 869; 2013, cc. 438, 482; 2014, c. 628; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

OPINIONS OF THE ATTORNEY GENERAL

Wage requirements under public work contracts. —

Unless otherwise exempted by specific statutes outside of the Virginia Public Procurement Act ( § 2.2-4300 et seq.), the prevailing wage requirements for public works contracts under the Virginia Public Procurement Act apply to institutions of higher education in Virginia. See opinion of Attorney General to Hon. Mark D. Sickles, Member, House of Delegates, 21-041, 2021 Va. AG LEXIS 18 (5/24/21).

Article 4. Restructured Financial and Administrative Authority; Covered Institutions; Management Agreements.

§ 23.1-1004. Management agreement; eligibility and application.

  1. The governing board and administration of each public institution of higher education that meets the state goals set forth in subsection A of § 23.1-1002 and meets the requirements of this article to demonstrate the ability to manage successfully the administrative and financial operations of the institution without jeopardizing the financial integrity and stability of the institution may negotiate with the Governor to develop a management agreement with the Commonwealth to exercise restructured financial and administrative authority.
  2. No public institution of higher education shall enter into a management agreement unless:
      1. Its most current and unenhanced bond rating received from Moody’s Investors Service, Inc., Standard & Poor’s, Inc., or Fitch Investor’s Services, Inc., is at least AA- (i.e., AA minus) or its equivalent, provided that such bond rating has been received within the last three years of the date that the initial management agreement is entered into; or
      2. The institution has participated in decentralization pilot programs in the areas of finance and capital outlay, demonstrated management competency in those two areas as evidenced by a written certification from the Cabinet Secretary designated by the Governor, received restructured operational authority under a memorandum of understanding pursuant to Article 3 (§ 23.1-1003 et seq.) in at least one functional area, and demonstrated management competency in that area for a period of at least two years;
    1. At least an absolute two-thirds of the institution’s governing board has voted in the affirmative for a resolution in support of a request for restructured operational authority under a management agreement;
    2. The institution submits to the Governor a written request for his approval of the management agreement that contains evidence that (i) the institution possesses the necessary administrative infrastructure, experience, and expertise to perform successfully its public educational mission as a covered institution; (ii) the institution is financially able to operate as a covered institution without jeopardizing the financial integrity and stability of the institution; (iii) the institution consistently meets the financial and administrative management standards pursuant to § 23.1-1001 ; and (iv) the institution’s governing board has adopted performance and accountability standards, in addition to any institutional performance benchmarks included in the general appropriation act and developed pursuant to § 23.1-206 , against which its implementation of the restructured operational authority under the management agreement can be measured;
    3. The institution provides a copy of the written request to the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Finance and Appropriations, and the Senate Committee on Education and Health;
    4. The institution agrees to reimburse the Commonwealth for any additional costs that the Commonwealth incurs to provide health or other group insurance benefits to employees and undertake any risk management program that are attributable to the institution’s exercise of restructured operational authority. The Secretary of Finance and the Secretary of Administration, in consultation with the Virginia Retirement System and the affected institutions, shall establish procedures for determining any amounts to be paid by each institution and a mechanism for transferring the appropriate amounts directly and solely to the affected programs;
    5. The institution considers potential future impacts of tuition increases on the Virginia College Savings Plan and discusses such potential impacts with parties participating in the development of the management agreement. The chief executive officer of the Virginia College Savings Plan shall provide to the institution and such parties the Plan’s assumptions underlying the contract pricing of the program; and
    6. The Governor transmits a draft of any management agreement that affects insurance or benefit programs administered by the Virginia Retirement System to the Board of Trustees of the Virginia Retirement System, which shall review the relevant provisions of the management agreement to ensure compliance with the applicable provisions of Title 51.1, administrative policies and procedures, and federal regulations governing retirement plans and advise the Governor and appropriate Cabinet Secretaries of any conflicts.

History. 2005, cc. 933, 945, §§ 23-38.88, 23-38.91, 23-38.97; 2006, c. 775; 2009, cc. 827, 845; 2011, cc. 828, 869; 2013, c. 482; 2014, c. 628; 2016, c. 588; 2017, c. 314.

Cross references.

As to conveyance and transfers of real property by state agencies, see § 2.2-1150 .

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

Acts 2019, cc. 124 and 125, cl. 1 enacted a management agreement by and between the Commonwealth of Virginia and James Madison University.

Acts 2019, cc. 124 and 125, cl. 2 provides: “That notwithstanding the provisions of subsections A and B of § 23.1-1007 of the Code of Virginia, the management agreement negotiated by James Madison University (the University) shall continue in effect unless the Governor, the General Assembly, or the University determines that the management agreement needs to be renegotiated or revised.”

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, in subsection A, inserted “board” preceding “and administration” and substituted “public institution” for “public institutions.”

OPINIONS OF THE ATTORNEY GENERAL

Wage requirements under public work contracts. —

Unless otherwise exempted by specific statutes outside of the Virginia Public Procurement Act ( § 2.2-4300 et seq.), the prevailing wage requirements for public works contracts under the Virginia Public Procurement Act apply to institutions of higher education in Virginia. See opinion of Attorney General to Hon. Mark D. Sickles, Member, House of Delegates, 21-041, 2021 Va. AG LEXIS 18 (5/24/21).

§ 23.1-1005. Approval of a management agreement.

  1. If the Governor finds that the public institution of higher education meets the criteria set forth in § 23.1-1004 , he shall authorize the appropriate Cabinet Secretary to enter into a management agreement with the governing board of such institution.
  2. Each such management agreement shall be submitted no later than the succeeding November 15 to the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Finance and Appropriations, and the Senate Committee on Education and Health. The Governor shall include a recommendation for approval of the management agreement with the public institution of higher education in “The Budget Bill” submitted pursuant to subsection A of § 2.2-1509 or in his gubernatorial amendments submitted pursuant to subsection E of § 2.2-1509 due by the December 20 that immediately follows the date of submission of the management agreement to such Committees.
  3. The General Assembly shall consider whether to approve or disapprove the management agreement as recommended. If the management agreement is approved as part of the general appropriation act, it shall become effective on the effective date of such general appropriation act.

History. 2005, cc. 933, 945, § 23-38.97; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

OPINIONS OF THE ATTORNEY GENERAL

Wage requirements under public work contracts. —

Unless otherwise exempted by specific statutes outside of the Virginia Public Procurement Act ( § 2.2-4300 et seq.), the prevailing wage requirements for public works contracts under the Virginia Public Procurement Act apply to institutions of higher education in Virginia. See opinion of Attorney General to Hon. Mark D. Sickles, Member, House of Delegates, 21-041, 2021 Va. AG LEXIS 18 (5/24/21).

§ 23.1-1006. Management agreement; contents and scope.

  1. Each covered institution that complies with the requirements of this article shall have the powers set forth in this article that are expressly included in the management agreement.
  2. Each management agreement shall include:
    1. A copy of the governing board’s resolution in support of a request for restructured operational authority;
    2. The institution’s express agreement to reimburse the Commonwealth for any additional costs that the Commonwealth incurs to provide health or other group insurance benefits to employees and undertake any risk management program that are attributable to the institution’s exercise of restructured operational authority;
    3. The institution’s undergraduate Virginia student enrollment, financial aid requirements and capabilities, and tuition policy for undergraduate Virginia students; and
    4. A statement of the Governor’s power to void the management agreement pursuant to subsection E of § 23.1-1007 .
  3. There is a presumption that restructured operational authority is not included in the management agreement, and such authority shall only be granted to a covered institution if it is expressly included in the management agreement. The only implied authority that is granted to a covered institution is that which is necessary to carry out the express grant of restructured operational authority. Each covered institution shall be governed and administered in the manner provided in (i) this article but subject to the expressed terms of the management agreement, (ii) the general appropriation act, and (iii) the institution’s enabling statutes.
  4. Except as specifically made inapplicable under this article or the express terms of a management agreement, the provisions of Title 2.2 relating generally to the operation, management, supervision, regulation, and control of public institutions of higher education are applicable to covered institutions as provided by the express terms of the management agreement.
  5. In the event of a conflict between any provision of Title 2.2 and any provision of the management agreement, the provisions of the management agreement control. In the event of a conflict between any provision of this article and an institution’s enabling statutes, the enabling statutes control.
  6. The provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) that are applicable to officers and employees of a state governmental agency shall continue to apply to the members of the governing board and the covered employees of a covered institution.
  7. A covered institution, its officers, directors, employees, and agents, and the members of its governing board are entitled to the same sovereign immunity to which they would be entitled if the institution were not governed by this article.
  8. The Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and its limitations on recoveries remain applicable to covered institutions.
  9. A management agreement with a public institution of higher education shall not grant restructured operational authority to the Virginia Cooperative Extension Service and Agricultural Experiment Station Division, the University of Virginia’s College at Wise, the Virginia Institute of Marine Science, or an affiliated entity of the institution unless the intent to grant such authority and the degree to which such authority is granted is expressly included in the management agreement.
  10. For purposes of §§ 23.1-101 , 23.1-102 , 23.1-103 , 23.1-104 , and 23.1-107 , Chapter 2 (§ 23.1-200 et seq.), §§ 23.1-306 , 23.1-402 , 23.1-403 , and 23.1-404 , Chapter 5 (§ 23.1-500 et seq.), Chapter 6 (§ 23.1-600 et seq.), Chapter 7 (§ 23.1-700 et seq.), §§ 23.1-800 , 23.1-801 , 23.1-901 , and 23.1-1001 , Chapter 11 (§ 23.1-1100 et seq.), Chapter 12 (§ 23.1-1200 et seq.), subsections G, H, and I of § 23.1-1300 , § 23.1-1302 , and subdivision B of § 23.1-1303 , each covered institution shall remain a public institution of higher education following its conversion to a covered institution governed by this article and shall retain the authority granted and any obligations required by such provisions.
  11. State government-owned or operated and state-owned teaching hospitals that are a part of a covered institution as of the effective date of the covered institution’s initial management agreement shall continue to be characterized as state government-owned or operated and state-owned teaching hospitals for purposes of payments under the state plan for medical assistance services adopted pursuant to § 32.1-325 , provided that the covered institution commits to serve indigent and medically indigent patients. If such covered institution commits to serve indigent and medically indigent patients, the Commonwealth, through the Department of Medical Assistance Services, shall, subject to the appropriation in the current general appropriation act, continue to reimburse the full cost of the provision of care, treatment, health-related services, and educational services to indigent and medically indigent patients and continue to treat hospitals that were part of a covered institution and that were Type One Hospitals prior to the effective date of the covered institution’s initial management agreement as Type One Hospitals for purposes of such reimbursement.
  12. Consistent with the terms of the management agreement, the governing board of each covered institution shall assume full responsibility for management of the institution, subject to the requirements and conditions set forth in this article and the management agreement, and shall be fully accountable for meeting the requirements of §§ 23.1-206 , 23.1-306 , and 23.1-310 and such other provisions as may be set forth in the management agreement.

History. 2005, cc. 933, 945, §§ 23-38.88, 23-38.91, 23-38.92, 23-38.93, 23-38.96, 23-38.97; 2006, c. 775; 2009, cc. 827, 845; 2011, cc. 828, 869; 2013, c. 482; 2014, cc. 484, 628, 815; 2016, c. 588.

§ 23.1-1007. Management agreement; duration and oversight.

  1. Each initial management agreement shall remain in effect for a period of three years. Subsequent management agreements shall remain in effect for a period of five years.
  2. If an existing management agreement is not renewed or a new management agreement is not executed prior to the expiration date, the existing agreement shall remain in effect on a provisional basis for a period not to exceed one year. If, after the expiration of the provisional one-year period, the management agreement has not been renewed or a new agreement has not been executed, the public institution of higher education shall not exercise such restructured operational authority until it enters into a new management agreement with the Commonwealth.
  3. The Joint Legislative Audit and Review Commission, in cooperation with the Auditor of Public Accounts, shall review, for at least the first 24 months from the effective date of the management agreement, the level of compliance with the expressed terms of the management agreement, the degree to which the covered institution has demonstrated its ability to manage successfully the administrative and financial operations of the institution without jeopardizing the financial integrity and stability of the institution, the degree to which the covered institution is meeting the state goals set forth in subsection A of § 23.1-1002 , and any impact that the management agreement has had on students and employees of the covered institution. The Joint Legislative Audit and Review Commission shall make a written report of its review no later than June 30 of the third year of the management agreement. The Joint Legislative Audit and Review Commission may conduct a similar review of any management agreement entered into subsequent to the initial agreement.
  4. The Auditor of Public Accounts or his legally authorized representatives shall audit annually accounts of all covered institutions and shall distribute copies of each annual audit to the Governor and to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. Pursuant to § 30-133, the Auditor of Public Accounts and his legally authorized representatives shall examine annually the accounts and books of each such institution, but no covered institution shall be deemed a state or governmental agency, advisory agency, public body, or agency or instrumentality for purposes of Chapter 14 (§ 30-130 et seq.) of Title 30 except for those provisions in such chapter that relate to requirements for financial recordkeeping and bookkeeping. Each covered institution is subject to such other reviews and audits as are required by law.
  5. If the Governor makes a written determination that the covered institution is not in substantial compliance with the terms of the management agreement or with the requirements of this chapter, he shall provide a copy of that written determination to the chairman or rector of the governing board of the covered institution and to the General Assembly, and the covered institution shall develop and implement a plan of corrective action. The covered institution shall provide a copy of such corrective action plan to the Governor and General Assembly. If the Governor determines that the covered institution is not yet in substantial compliance with the management agreement or the requirements of this chapter after a reasonable period of time following the implementation of the corrective action plan, the Governor may void the management agreement and the institution’s status as a covered institution shall terminate and it shall not exercise such restructured operational authority until the institution enters into a subsequent management agreement with the Cabinet Secretary designated by the Governor or the voided management agreement is reinstated by the General Assembly.
  6. An institution’s status as a covered institution may be revoked by an act of the General Assembly if the institution fails to meet the requirements of this article or the management agreement.

History. 2005, cc. 933, 945, §§ 23-38.88, 23-38.94. 23-38.98; 2006, c. 775; 2009, cc. 827, 845; 2011, cc. 828, 869; 2013, c. 482; 2014, c. 628; 2016, c. 588.

Editor’s note.

Acts 2019, cc. 124 and 125, cl. 1 enacted a management agreement by and between the Commonwealth of Virginia and James Madison University.

Acts 2019, cc. 124 and 125, cl. 2 provides: “That notwithstanding the provisions of subsections A and B of § 23.1-1007 of the Code of Virginia, the management agreement negotiated by James Madison University (the University) shall continue in effect unless the Governor, the General Assembly, or the University determines that the management agreement needs to be renegotiated or revised.”

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

Acts 2021, Sp. Sess. I, cc. 76 and 77, cl. 1 enacted a management agreement by and between the Commonwealth of Virginia and George Mason University.

Acts 2021, Sp. Sess. I, cc. 76 and 77, cl. 2 provides: “That notwithstanding the provisions of subsections A and B of § 23.1-1007 of the Code of Virginia, the management agreement negotiated by George Mason University (the University) shall continue in effect unless the Governor, the General Assembly, or the University determine that the management agreement needs to be renegotiated or revised.”

OPINIONS OF THE ATTORNEY GENERAL

Wage requirements under public work contracts. —

Unless otherwise exempted by specific statutes outside of the Virginia Public Procurement Act ( § 2.2-4300 et seq.), the prevailing wage requirements for public works contracts under the Virginia Public Procurement Act apply to institutions of higher education in Virginia. See opinion of Attorney General to Hon. Mark D. Sickles, Member, House of Delegates, 21-041, 2021 Va. AG LEXIS 18 (5/24/21).

§ 23.1-1008. Covered institutions; operational authority generally.

In addition to those powers granted in each covered institution’s enabling statutes and the general appropriation act, each covered institution, subject to the express provisions of the management agreement, may exercise all the powers necessary or convenient to carry out the purposes and provisions of this article and:

  1. Make and execute contracts, guarantees, or any other instruments and agreements necessary or convenient to the exercise of its powers, authority, and functions, including contracts with persons to (i) operate and manage any or all of the covered institution’s facilities or operations and (ii) incur liabilities and secure the obligations of any entity or individual, provided, however, that no covered institution may pledge the faith and credit of the Commonwealth or enter into an indemnification agreement or binding arbitration agreement contrary to state law;
  2. Conduct or engage in any lawful business, activity, effort, or project consistent with the covered institution’s purposes or necessary or convenient to the exercise of its powers; and
  3. Procure insurance, participate in insurance plans, provide self-insurance, continue participation in the Commonwealth’s insurance or self-insurance plans, continue participation in the Commonwealth’s risk management programs, and continue participation in the Virginia Retirement System or other Commonwealth sponsored retirement plans subject to the conditions in §§ 23.1-1020 through 23.1-1026 , and any combination of the foregoing, as provided in this article. The purchase of insurance, participation in an insurance plan, or creation of a self-insurance plan by the covered institution shall not be deemed a waiver or relinquishment of any sovereign immunity to which the covered institution or its officers, directors, employees, or agents are otherwise entitled. Covered institutions may participate in any Commonwealth or Virginia Retirement System insurance, self-insurance, or risk management program on the same terms and conditions applicable to other state agencies and other public institutions of higher education.

History. 2005, cc. 933, 945, § 23-38.99; 2016, c. 588.

§ 23.1-1009. Covered institutions; operational authority; projects.

  1. Each covered institution may acquire, plan, design, construct, own, rent as landlord or tenant, operate, control, remove, renovate, enlarge, equip, and maintain, directly or through stock or nonstock corporations or other entities, any project. Such project may be owned or operated by the institution, other persons, or jointly by such institution and other persons and may be operated within or outside the Commonwealth as long as (i) the operations of such project are necessary or desirable to assist the institution in carrying out its public purposes within the Commonwealth and (ii) any private benefit resulting to any such other private persons from any such project is merely incidental to the public benefit of such project.
  2. Each covered institution may continue, adopt, and enforce policies for the operation of any facility, including any veterinary facility, hospital, or other health care and related facility owned or operated by the institution. Any such policies pertaining to the operation of any veterinary facility, hospital, or other health care or related facility may include the conditions of practicing any health profession or veterinary medicine in the facility, the admission and treatment of patients, the procedures for determining the qualification of patients for indigent care or other programs, and the protection of patients and employees, provided that such policies do not discriminate on the basis of race, religion, color, sex, sexual orientation, gender identity, national origin, or any other factor prohibited by law.

History. 2005, cc. 933, 945, § 23-38.100; 2016, c. 588; 2020, c. 1137.

The 2020 amendments.

The 2020 amendment by c. 1137, inserted “sexual orientation, gender identity” in the last sentence of subsection B.

§ 23.1-1010. Covered institutions; operational authority; creation of entities and participation in joint ventures.

Each covered institution may:

  1. Create or assist in the creation of; own in whole or in part or otherwise control; participate in or with any entities, public or private; and purchase, receive, subscribe for, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise acquire or dispose of any (i) shares or obligations of, or other interests in, any entity organized for any purpose within or outside the Commonwealth and (ii) obligations of any person or corporation. No part of the assets or net earnings of such institution shall inure to the benefit of, or be distributable to, any private individual except that reasonable compensation may be paid for services rendered to or for such institution in furtherance of its public purposes and benefits may be conferred that are in conformity with its public purposes.
  2. Participate in joint ventures with individuals, corporations, governmental bodies or agencies, partnerships, associations, insurers, or other entities to facilitate any activities or programs consistent with its public purposes and the intent of this article.
  3. Create or continue the existence of one or more nonprofit entities for the purpose of soliciting, accepting, managing, and administering grants and gifts and bequests, including endowment gifts and bequests and gifts and bequests in trust.
  4. In carrying out any activities authorized by this article, provide appropriate assistance, including (i) making loans from its funds, other than general fund appropriations or proceeds of bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia or under Article X, Section 9 (d) of the Constitution of Virginia if such issuance is supported by general funds and (ii) providing the time of its employees to corporations, partnerships, associations, joint ventures, or other entities whether such entities are owned or controlled in whole or in part or directly or indirectly by such institution.

History. 2005, cc. 933, 945, § 23-38.101; 2016, c. 588.

CASE NOTES

Virginia Freedom of Information Act. —

Circuit court properly dismissed requesters’ petition to obtain donor information from George Mason University (GMU) and a foundation because GMU and the foundation were separate and distinct entities, one being a public institution and the other being a private corporation; to the extent that while wearing her GMU hat, the GMU vice president handled foundation documents, those documents remained foundation documents and as such, were not subject to the Virginia Freedom of Information Act. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Foundation was not an entity of George Mason University (GMU) for purposes of the Virginia Freedom of Information Act because GMU did not supervise the decision making of the foundation; to the extent that the organizations had different purposes, there could be no delegation of functions from GMU to the foundation. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Circuit court properly dismissed requesters’ petition for a writ of mandamus seeking to obtain donor information from George Mason University (GMU) and a foundation because the foundation’s records were not subject to disclosure under the Virginia Freedom of Information Act (VFOIA); the foundation was not an entity of GMU for purposes of VFOIA because it was an independent non-stock corporation that coexisted alongside GMU. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

Alter ego. —

Circuit court did not err when it found that a foundation was not the “alter ego” of George Mason University (GMU) because the foundation and GMU are independent corporate entities, and their relationship was governed by formal contractual arrangements that reflected their independent status; veil piercing is not warranted when conduct is expressly authorized by the General Assembly. Transparent GMU v. George Mason Univ., 298 Va. 222 , 835 S.E.2d 544, 2019 Va. LEXIS 155 (2019).

CIRCUIT COURT OPINIONS

Possession of records. —

University was empowered to create a foundation for the purpose of collecting private donations on behalf of the university; the foundation’s possession of records and performance of that function were not dispositive factors towards the foundation’s status as a public body because they were simply factors for the court to consider in reaching that conclusion. Transparent GMU v. George Mason Univ., 97 Va. Cir. 212, 2017 Va. Cir. LEXIS 330 (Fairfax County Nov. 29, 2017).

§ 23.1-1011. Covered institutions; operational authority; campus police.

  1. A covered institution may establish or continue to operate a campus police department in accordance with the provisions of Article 3 (§ 23.1-809 et seq.) of Chapter 8. Campus police shall possess the powers provided in Article 3 of Chapter 8, except that a covered institution’s employment of campus police is governed by the provisions of this article rather than by Chapter 28 (§ 2.2-2800 et seq.) and Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2.
  2. Campus police officers of a covered institution are eligible to participate in the same state-sponsored retirement plans on the same terms and conditions as campus police officers of other public institutions of higher education.

History. 2005, cc. 933, 945, § 23-38.102; 2016, c. 588.

§ 23.1-1012. Covered institutions; operational authority; financial operations generally.

  1. Each covered institution may (i) independently manage its operations and finances, including holding and investing its tuition, fees, research funds, and auxiliary enterprise funds and all other public funds; (ii) create any policy deemed necessary to conduct its financial operations; (iii) adopt the budget for the institution; and (iv) control the expenditures of all moneys generated or received by the institution, including tuition, fees, and other nongeneral fund revenue sources.
  2. Subject to the express terms of the management agreement, the governing board of each covered institution has the sole authority to establish tuition, mandatory fees, room and board, and other necessary charges consistent with sum sufficient appropriation authority for all nongeneral funds as provided by the Governor and the General Assembly in the general appropriation act. In the event that the institution retains any nongeneral funds, it shall invest such funds consistent with an investment policy established by the governing board and retain all income earned on such investments. In the event that the Commonwealth holds any nongeneral funds on behalf of the institution, the institution shall receive a share of the income earned by the Commonwealth on the investment of such funds as provided in subsection C of § 23.1-1002 .
  3. The governing board of each covered institution shall include in its six-year plan pursuant to § 23.1-306 its commitment to providing need-based grant aid for middle-income and lower-income Virginia students in a manner that encourages student enrollment and progression without respect to potential increases in tuition and fees.
  4. Each covered institution’s management agreement shall include the quantification of cost savings realized as a result of the restructured operational authority pursuant to this article.
  5. Each covered institution may enter into any contract that it determines to be necessary or appropriate to place any bond or investment of the institution, in whole or in part, on the interest rate, cash flow, or other basis desired by the institution, including contracts commonly known as interest rate swap agreements, futures, and contracts providing for payments based on levels of, or changes in, interest rates. Each covered institution may enter into such contracts in connection with, incidental to, or for the purpose of entering into or maintaining any (i) agreement that secures bonds, notes, or other obligations or (ii) investment or contract providing for investment, otherwise authorized by law, including § 23.1-1013 . Such contracts may contain such payment, security, default, remedy, and other terms and conditions as determined by the institution after giving due consideration to the creditworthiness of the counterpart or other obligated party, including any rating by any nationally recognized rating agency, and any other criteria that may be appropriate. Any money set aside and pledged to secure payments of bonds, notes, or other obligations or any contract entered into pursuant to this section may be pledged to and used to service any such contract.
  6. The governing board of each covered institution shall adopt a system of independent financial management that includes bookkeeping and accounting procedures that have been prescribed for governmental organizations by the Government Accounting Standards Board.

History. 2005, cc. 933, 945, §§ 23-38.104, 23-38.106; 2016, c. 588.

§ 23.1-1013. Covered institutions; operational authority; financial operations; investment of operating funds.

Each covered institution may invest its operating funds in any obligations or securities that are considered legal investments for public funds in accordance with Chapter 45 (§ 2.2-4500 et seq.) of Title 2.2. Such institution’s governing board shall adopt written investment guidelines that provide that such investments shall be made solely in the interest of the covered institution and shall be undertaken with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.

History. 2005, cc. 933, 945, § 23-38.105; 2016, c. 588.

§ 23.1-1014. Covered institutions; operational authority; financial operations; financing and indebtedness.

  1. Each covered institution may:
    1. Borrow money and issue bonds, notes, or other obligations as provided in this article and purchase such bonds, notes, or other obligations;
    2. Seek financing from, incur, or assume indebtedness to, and enter into contractual commitments with, the Virginia Public Building Authority and the Virginia College Building Authority, which authorities may borrow money and make and issue negotiable notes, bonds, notes, or other obligations to provide such financing relating to facilities or any project; and
    3. Seek financing from, incur or assume indebtedness to, and enter into contractual commitments with, the Commonwealth as otherwise provided by law relating to the institution’s facilities or any project.
  2. Notwithstanding the provisions of this chapter, no covered institution is exempt from any requirement or covenant contained in any outstanding bonds, notes, or other obligations.

History. 2005, cc. 933, 945, § 23-38.107; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “may borrow” for “are authorized to borrow” in subdivision A 2.

§ 23.1-1015. Covered institutions; operational authority; financial operations; power to issue bonds, notes, or other obligations.

  1. Notwithstanding the provisions of § 23.1-1119 , a covered institution may (i) issue bonds, notes, or other obligations for any purpose that is consistent with its institutional mission, including to (a) finance or refinance any project, (b) appropriately manage operational cash flows, (c) provide for short-term financing, (d) refund bonds, notes, or other obligations issued by or on behalf of such institution, or otherwise, including bonds, notes, or other obligations or obligations not then subject to redemption, and (ii) guarantee, assume, or otherwise agree to pay, in whole or in part, indebtedness issued by such institution or any affiliated entity for managing operational cash flows or resulting in the acquisition or construction of facilities for the benefit of such institution or the refinancing thereof.
  2. Nothing in this article shall preclude a covered institution from participation in any financing program or bond issue established and implemented by the Commonwealth or any agency of the Commonwealth, including (i) any financing program or bond issue under Article X, Section 9 (b) or 9 (c) of the Constitution of Virginia and (ii) any financing program or bond issue under Article X, Section 9 (d) of the Constitution of Virginia undertaken by the Treasury Board, the Virginia College Building Authority, or the Virginia Public Building Authority if such institution is otherwise eligible and approved to participate and is otherwise able to fulfill any requirements that may be imposed upon it by virtue of its participation.
  3. Notwithstanding Article 8 (§ 2.2-2415 et seq.) of Chapter 24 of Title 2.2, Chapter 11 (§ 23.1-1100 et seq.), and § 23.1-2205 , each covered institution may issue bonds, notes, or other obligations consistent with debt capacity and management policies and guidelines established by its governing board without (i) obtaining the consent of any legislative body, elected official, commission, board, bureau, political subdivision, or agency of the Commonwealth; (ii) any proceedings or conditions other than those specifically required by this article; (iii) the approval required by the provisions of Article 8 (§ 2.2-2415 et seq.) of Chapter 24 of Title 2.2; or (iv) any regulation or procedure, including a review or approval procedure, adopted pursuant to Chapter 11 (§ 23.1-1100 et seq.).
  4. Each covered institution may issue such types of bonds, notes, or other obligations as it determines are appropriate and consistent with debt capacity and management policies and guidelines established by its governing board, including bonds, notes, or other obligations payable as to principal and interest from any one or more of the following sources: (i) its revenues generally; (ii) income and revenues derived from the operation, sale, or lease of a particular project, whether or not it is financed or refinanced from the proceeds of such bonds, notes, or other obligations; (iii) funds realized from the enforcement of security interests or other liens or obligations securing such bonds, notes, or other obligations; (iv) proceeds from the sale of bonds, notes, or other obligations; (v) payments under letters of credit, policies of municipal bond insurance, guarantees, or other credit enhancements; (vi) any reserve or sinking funds created to secure such payment; (vii) accounts receivable of such institution; or (viii) other available funds of such institution.
  5. Any bonds, notes, or other obligations may be supported by any grant, contribution, or appropriation from a participating political subdivision, the covered institution, the Commonwealth, any political subdivision, agency, or instrumentality of the Commonwealth, any federal agency, or any unit, private corporation, partnership, association, or individual.
  6. Bonds, notes, or other obligations of a covered institution are for an essential public and governmental purpose.
  7. It is lawful for any bank or trust company within or outside the Commonwealth to serve as depository of the proceeds of bonds, notes, or other obligations or other revenues of a covered institution, furnish indemnifying bonds, notes, or other obligations, or pledge such securities as may be required by such institution, provided that any such deposits are collateralized in accordance with the Security for Public Deposits Act (§ 2.2-4400 et seq.) in the case of a bank or savings institution or Article 3 (§ 6.2-1047 et seq.) of Chapter 10 of Title 6.2 in the case of a trust company.

History. 2005, cc. 933, 945, § 23-38.108; 2016, c. 588.

§ 23.1-1016. Covered institutions; operational authority; financial operations; capital projects.

  1. The governing board of each covered institution shall adopt policies for the review, approval, and implementation of all capital projects undertaken by the institution.
  2. All capital projects of a covered institution, whether funded by an appropriation of the General Assembly or otherwise, shall be approved by the institution’s governing board.
  3. Except as otherwise provided in subdivision D 2, capital projects undertaken at a covered institution may be exempt from any capital outlay oversight performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments.
  4. Capital projects undertaken at a covered institution are subject to the institution’s capital project policies adopted pursuant to subsection A and:
    1. Any capital project undertaken at a covered institution that costs $300,000 or more is subject to the environmental, historic preservation, and conservation requirements of state law that are generally applicable to capital projects in the Commonwealth;
    2. If the capital project is funded in whole or in part with a general fund appropriation for that purpose or proceeds from bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, the project shall remain subject to the pre-appropriation approvals that are in effect within the executive and legislative branches of state government but may be exempt under the management agreement from any state post-appropriation review, approval, administrative, or other policy or procedure functions performed or required by the Department of General Services, the Division of Engineering and Buildings, the Department of Planning and Budget, and any other state agency that supports the functions performed by such departments; and
    3. If a covered institution constructs improvements on land or renovates property that was originally acquired or constructed in whole or in part with a general fund appropriation for that purpose or proceeds from bonds issued under Article X, Section 9 (a), 9 (b), or 9 (c) of the Constitution of Virginia, or under Article X, Section 9 (d) of the Constitution of Virginia, if such issuance is supported by general funds, and such improvements or renovations are undertaken entirely with funds not appropriated by the General Assembly, such improvements or renovations shall be consistent with such institution’s master plan approved by its governing board and, if the cost of such improvements or renovations is reasonably expected to exceed $2 million, the institution’s decision to undertake such improvements or renovations shall be communicated to the Governor and to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations no later than 60 days prior to the (i) commencement of construction or renovation or (ii) issuance of bonds, notes, or other obligations to finance such construction or renovation.
  5. Each covered institution may designate a full-time employee to be its own building official and may determine the suitability for occupancy of and issue certifications for building occupancy for all capital projects undertaken at such institution. Such building official shall:
    1. Ensure that the Virginia Uniform Statewide Building Code (§ 36-97 et seq.) requirements are met for that capital project and that such project has been inspected by the State Fire Marshal or his designee prior to issuing any such certification;
    2. Report directly and exclusively to the governing board of the institution and be subject to review by the appropriate personnel in the Department of General Services;
    3. Be certified by the Department of Housing and Community Development to perform this function; and
    4. Have adequate resources and staff who are certified by the Department of Housing and Community Development in accordance with § 36-137 for such purpose and who shall review plans, specifications, and documents for compliance with codes and standards and perform required inspections of the work in progress and the completed project.
  6. No individual licensed professional architect or engineer hired or contracted to perform the functions set forth in subsection E shall also perform other code-related design, construction, facilities-related project management, or facilities management functions for the institution on the same project.

History. 2005, cc. 933, 945, § 23-38.109; 2016, c. 588.

Editor’s note.

The Virginia Code Commission authorized the substitution of “Senate Committee on Finance and Appropriations” for “Senate Committee on Finance.” March 10, 2021.

§ 23.1-1017. (Effective until July 1, 2022) Covered institutions; operational authority; procurement.

  1. Subject to the express provisions of the management agreement, each covered institution may be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), except for §§ 2.2-4340 , 2.2-4340 .1, 2.2-4340.2 , and 2.2-4342 , which shall not be construed to require compliance with the prequalification application procedures of subsection B of § 2.2-4317 , provided, however, that (i) any deviations from the Virginia Public Procurement Act in the management agreement shall be uniform across all covered institutions and (ii) the governing board of the covered institution shall adopt, and the covered institution shall comply with, policies for the procurement of goods and services, including professional services, that shall (a) be based upon competitive principles, (b) in each instance seek competition to the maximum practical degree, (c) implement a system of competitive negotiation for professional services pursuant to §§ 2.2-4303.1 and 2.2-4302.2 , (d) prohibit discrimination in the solicitation and award of contracts on the basis of the bidder’s or offeror’s race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability or on any other basis prohibited by state or federal law, (e) incorporate the prompt payment principles of §§ 2.2-4350 and 2.2-4354 , (f) consider the impact on correctional enterprises under § 53.1-47 , and (g) provide that whenever solicitations are made seeking competitive procurement of goods or services, it shall be a priority of the institution to provide for fair and reasonable consideration of small, women-owned, and minority-owned businesses and to promote and encourage a diversity of suppliers.
  2. Such policies may (i) provide for consideration of the dollar amount of the intended procurement, the term of the anticipated contract, and the likely extent of competition; (ii) implement a prequalification procedure for contractors or products; and (iii) include provisions for cooperative arrangements with other covered institutions, other public or private educational institutions, or other public or private organizations or entities, including public-private partnerships, public bodies, charitable organizations, health care provider alliances or purchasing organizations or entities, state agencies or institutions of the Commonwealth or the other states, the District of Columbia, the territories, or the United States, and any combination of such organizations and entities.
  3. Nothing in this section shall preclude a covered institution from requesting and utilizing the assistance of the Virginia Information Technologies Agency for information technology procurements and covered institutions are encouraged to utilize such assistance.
  4. Each covered institution shall post on the Department of General Services’ central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Commonwealth’s procurement opportunities on one website.
  5. As part of any procurement provisions of the management agreement, the governing board of a covered institution shall identify the public, educational, and operational interests served by any procurement rule that deviates from procurement rules in the Virginia Public Procurement Act (§ 2.2-4300 et seq.).

History. 2005, cc. 933, 945, § 23-38.110; 2011, c. 332; 2013, c. 583; 2015, cc. 760, 776; 2016, c. 588; 2020, cc. 496, 497, 1137.

Editor's note.

Acts 2022, cc. 96 and 97, cl. 2 provides: “That the provisions of § 2.2-4376.2 of the Code of Virginia, as created by this act, shall expire on June 30, 2027.”

The 2020 amendments.

The 2020 amendments by cc. 496 and 497 are identical, and substituted “§§ 2.2-4340 , 2.2-4340 .1, 2.2-4340.2 , and 2.2-4342 ” for “§ 2.2-4342 ” in subsection A in the introductory language.

The 2020 amendment by c. 1137, in clause (ii)(d) of subsection A, inserted “sexual orientation, gender identity” and made a stylistic change.

The 2022 amendments.

The 2022 amendments by cc. 96 and 97 are identical, and inserted “2.2-4376.2” in subsection A; and made stylistic changes.

§ 23.1-1017. (Effective July 1, 2022) Covered institutions; operational authority; procurement.

  1. Subject to the express provisions of the management agreement, each covered institution may be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), except for §§ 2.2-4340 , 2.2-4340 .1, 2.2-4340.2 , 2.2-4342 , and 2.2-4376.2 , which shall not be construed to require compliance with the prequalification application procedures of subsection B of § 2.2-4317 , provided, however, that (i) any deviations from the Virginia Public Procurement Act in the management agreement shall be uniform across all covered institutions and (ii) the governing board of the covered institution shall adopt, and the covered institution shall comply with, policies for the procurement of goods and services, including professional services, that shall (a) be based upon competitive principles; (b) in each instance seek competition to the maximum practical degree; (c) implement a system of competitive negotiation for professional services pursuant to §§ 2.2-4303.1 and 2.2-4302.2 ; (d) prohibit discrimination in the solicitation and award of contracts on the basis of the bidder’s or offeror’s race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability or on any other basis prohibited by state or federal law; (e) incorporate the prompt payment principles of §§ 2.2-4350 and 2.2-4354 ; (f) consider the impact on correctional enterprises under § 53.1-47 ; and (g) provide that whenever solicitations are made seeking competitive procurement of goods or services, it shall be a priority of the institution to provide for fair and reasonable consideration of small, women-owned, and minority-owned businesses and to promote and encourage a diversity of suppliers.
  2. Such policies may (i) provide for consideration of the dollar amount of the intended procurement, the term of the anticipated contract, and the likely extent of competition; (ii) implement a prequalification procedure for contractors or products; and (iii) include provisions for cooperative arrangements with other covered institutions, other public or private educational institutions, or other public or private organizations or entities, including public-private partnerships, public bodies, charitable organizations, health care provider alliances or purchasing organizations or entities, state agencies or institutions of the Commonwealth or the other states, the District of Columbia, the territories, or the United States, and any combination of such organizations and entities.
  3. Nothing in this section shall preclude a covered institution from requesting and utilizing the assistance of the Virginia Information Technologies Agency for information technology procurements and covered institutions are encouraged to utilize such assistance.
  4. Each covered institution shall post on the Department of General Services’ central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Commonwealth’s procurement opportunities on one website.
  5. As part of any procurement provisions of the management agreement, the governing board of a covered institution shall identify the public, educational, and operational interests served by any procurement rule that deviates from procurement rules in the Virginia Public Procurement Act (§ 2.2-4300 et seq.).

History. 2005, cc. 933, 945, § 23-38.110; 2011, c. 332; 2013, c. 583; 2015, cc. 760, 776; 2016, c. 588; 2020, cc. 496, 497, 1137; 2022, cc. 96, 97.

§ 23.1-1018. Covered institutions; operational authority; information technology.

Subject to the terms of the management agreement, each covered institution may be exempt from the provisions governing the Virginia Information Technologies Agency, Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2, and the provisions governing the Information Technology Advisory Council, Article 35 (§ 2.2-2699.5 et seq.) of Chapter 26 of Title 2.2, if the governing board of such covered institution adopts and the covered institution complies with (i) policies for the procurement of information technology goods and services, including professional services, that are consistent with the requirements of § 23.1-1017 and include provisions addressing cooperative arrangements for such procurement as described in § 23.1-1017 and (ii) institutional policies and professional best practices regarding strategic planning for information technology, project management, security, budgeting, infrastructure, and ongoing operations.

History. 2005, cc. 933, 945, § 23-38.111; 2010, cc. 136, 145; 2016, c. 588.

§ 23.1-1019. Covered institutions; operational authority; property, grants, and loans.

  1. Nothing in this section shall limit or reduce the authority granted to a covered institution in §§ 23.1-1016 and 23.1-1028 concerning the planning, design, construction, and implementation of capital projects and leases.
  2. Each covered institution may continue to hold, possess, operate, and dispose of any real, personal, tangible, or intangible property that such covered institution held, possessed, or operated prior to the effective date of its initial management agreement as follows:
    1. For real property, including land, buildings, and any improvements to land or buildings, acquired or constructed in whole or in part with general fund appropriations or proceeds from a general obligation bond issue under Article X, Section 9 (a) or 9 (b) of the Constitution of Virginia, the covered institution shall (i) hold, possess, and operate such property in accordance with the institution’s enabling statutes, this article, and any policies adopted by the governing board of the institution pursuant to this article and (ii) dispose of such property in accordance with general law applicable to state-owned property and the institution’s enabling statutes.
    2. For real property, including land, buildings, and any improvements to land or buildings, acquired or constructed either (i) entirely with nongeneral fund appropriations or proceeds from a nongeneral fund revenue bond issue under Article X, Section 9 (c) or 9 (d) of the Constitution of Virginia or (ii) entirely with funds other than funds appropriated by the General Assembly or proceeds from a general obligation bond issue under Article X, Section 9 (a) or 9 (b) of the Constitution of Virginia, the covered institution shall hold, possess, operate, and dispose of such property in accordance with the institution’s enabling statutes, notwithstanding the provisions of this article, the approval requirements of subdivision B 1 of § 23.1-1301 , and any policies adopted by the governing board of the institution pursuant to this article.
    3. For personal property, the covered institution shall hold, possess, operate, and dispose of such property in accordance with the institution’s enabling statutes, this article, and any policies adopted by the governing board of the institution pursuant to this article.
  3. After the effective date of the initial management agreement, a covered institution may acquire any real property, construct improvements on real property pursuant to § 23.1-1016 , and acquire any personal property, tangible or intangible, and hold, possess, operate, and dispose of such real and personal property as follows:
    1. For real property, including land, buildings, and improvements to land and buildings, acquired or constructed with funds appropriated by the General Assembly for that purpose or with proceeds from a general obligation bond issue under Article X, Section 9 (a) or 9 (b) of the Constitution of Virginia, the covered institution shall (i) hold, possess, and operate such property in accordance with the institution’s enabling statutes, this article, and any policies adopted by the governing board of the institution pursuant to this article, and (ii) dispose of such property in accordance with general law applicable to state-owned property and with the covered institution’s enabling statutes.
    2. For real property, including land, buildings, and improvements to land or buildings, acquired with any funds in the covered institution’s possession other than funds appropriated by the General Assembly or proceeds from a general obligation bond issue under Article X, Section 9 (a) or 9 (b) of the Constitution of Virginia, the institution shall hold, possess, operate, dispose of, and otherwise deal with such property, or any right, easement, estate, or interest in such property, acquired by purchase, exchange, gift, assignment, transfer, foreclosure, lease, bequest, devise, operation of law, or other means, in accordance with the covered institution’s enabling statutes, notwithstanding the provisions of this article, the approval requirements of subdivision B 1 of § 23.1-1301 , and any policies adopted by the governing board of the institution pursuant to this article.
    3. For personal property, the institution shall hold, possess, operate, and dispose of such property in accordance with the institution’s enabling statutes, this article, and any policies adopted by the governing board of the institution pursuant to this article.
  4. With the approval of the Governor or as otherwise provided by law, and consistent with subsections B and C, a covered institution may (i) sell, assign, encumber, mortgage, demolish, or otherwise dispose of any project, any other real, personal, tangible, or intangible property, any right, easement, estate, or interest in any such project or property, or any deed of trust or mortgage lien interest owned by it, under its control or custody or in its possession, and may release or relinquish any right, title, claim, lien, interest, easement, or demand however acquired, including any equity or right of redemption in property foreclosed by it, and (ii) do any of the foregoing by public or private transaction.
  5. A covered institution may accept loans, grants, contributions, or other assistance from the federal government, the Commonwealth, any political subdivision of the Commonwealth, or any other public or private source to carry out its mission as a public institution of higher education and any of the purposes of this article. A covered institution may enter into any agreement or contract regarding the acceptance, use, or repayment of any such loan, grant, contribution, or assistance and may enter into other agreements with any such entity in furtherance of the purposes of this article.
  6. Localities may lend or donate money or other property to a covered institution for any of the institution’s purposes. Any local government making a grant or loan may restrict the use of the grant or loan to a specific project, within or outside such locality.
  7. Notwithstanding any other provision of this chapter, no covered institution shall take action with regard to any real or personal property if such action would be deemed to be in violation of any requirement or covenant contained in any outstanding bonds, notes, or other obligations.

History. 2005, cc. 933, 945, § 23-38.112; 2016, c. 588.

Cross references.

As to disposition of surplus materials, see § 2.2-1124 .

As to conveyance and transfers of real property by state agencies, see § 2.2-1150 .

§ 23.1-1020. Covered institutions; operational authority; human resources; covered employees generally.

  1. Each covered employee shall continue to be a state employee who is governed by and eligible to participate in the human resources and benefits programs that governed him and in which he was eligible to participate immediately prior to the effective date of the initial management agreement for the covered institution by which he is employed, including the state retirement system, state health insurance program, state workers’ compensation coverage program, and state grievance procedure, until the covered institution establishes a human resources program or programs, plan, or procedure applicable to him pursuant to this article in any such human resources or benefits program area. If, however, a covered institution is permitted by law other than in this chapter to establish an alternative health insurance plan or an alternative faculty or University of Virginia Medical Center retirement plan, such alternative health insurance or faculty or University of Virginia Medical Center retirement plan shall apply to and govern the covered employees included in such plan.
  2. All human resources programs, plans, policies, and procedures established by the governing board of a covered institution pursuant to this article shall apply to and govern all participating covered employees, except as provided in § 23.1-1022 .
  3. All covered institutions are responsible for meeting the human resource reporting requirements established by the Governor and General Assembly.

History. 2005, cc. 933, 945, § 23-38.114; 2016, c. 588.

§ 23.1-1021. Covered institutions; operational authority; human resources; establishment of a human resources program.

  1. As used in this section, “active military duty” means federally funded military duty as (i) a member of the Armed Forces of the United States on active duty pursuant to Title 10 of the United States Code or (ii) a member of the Virginia National Guard on active duty pursuant to either Title 10 or Title 32 of the United States Code.
  2. The governing board of each covered institution may elect to adopt for its nonfaculty participating covered employees either (i) one or more human resources programs that is or are generally consistent with the provisions of Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2, pertaining generally to state employees, or (ii) such other human resources program or programs as it determines to be appropriate. The covered institution may administer such human resources program or programs itself or contract with another covered institution or the Department of Human Resources Management to administer some or all of its human resources programs, subject to the execution of any participation or operating agreement as the parties to that agreement may deem necessary and appropriate.
  3. Each covered institution may (i) establish a human resources program or programs for participating covered employees who are not subject to a human resources program established pursuant to subsection B, including a program or programs relating to such employees that its enabling statutes authorizes it to employ and (ii) contract for such consultants, attorneys, accountants, financial experts, and independent providers of expert advice and consultation as such institution deems necessary or desirable to assist in the establishment of such program.
  4. Any human resources program adopted by the governing board of a covered institution for participating covered employees shall be based on merit principles and objective methods of appointment, promotion, transfer, layoff, removal, severance, and discipline and shall include other appropriate topics based on such principles and methods.
  5. The human resources program adopted by the governing board of a covered institution shall, consistent with applicable federal law, address (i) the employment of participating covered employees who leave the service of a covered institution for service in any of the Armed Forces of the United States, (ii) the employment of veterans who have served in any of the Armed Forces of the United States following the termination of their military service, and (iii) leave and other policies affecting the employment of participating covered employees who have been ordered to active military duty in the Armed Forces of the United States or the organized reserve forces of any of the Armed Forces of the United States or the Virginia National Guard.

History. 2005, cc. 933, 945, § 23-38.116; 2016, c. 588.

§ 23.1-1022. Covered institutions; operational authority; human resources; election by certain covered employees.

  1. If the governing board of a covered institution establishes a human resources program or programs pursuant to § 23.1-1021 , a salaried nonfaculty covered employee who was employed by the covered institution on the day prior to the effective date of the initial management agreement, except employees of the University of Virginia Medical Center, may elect within a prescribed period of the establishment of the human resources program to participate in and be governed by either (i) the state human resources program set forth in Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2 or (ii) the human resources program or programs established by the governing board of the covered institution pursuant to § 23.1-1021 . If the salaried nonfaculty covered employee does not make an election within such prescribed period, he shall be deemed to have elected to participate in and be governed by the state human resources program. Elections to participate in the human resources program established by the covered institution are irrevocable. At least once every two years, each covered institution that establishes a human resources program pursuant to § 23.1-1021 shall provide salaried nonfaculty employees who elected to participate and be governed by the state human resources program with (a) a comparison of the state program and the institution’s program, including an assessment of compensation and benefits, and (b) an opportunity to participate in and be governed by the institution’s human resources program.
  2. A salaried nonfaculty covered employee who elects to participate in and be governed by the state human resources program set forth in Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2 shall continue to be governed by all state human resources and benefit plans, programs, policies, and procedures that apply to and govern state employees.
  3. A salaried nonfaculty covered employee who elects to participate in and be governed by the human resources program or programs established by the governing board of the covered institution pursuant to § 23.1-1021 shall be deemed to have elected to be eligible to participate in and be governed by the human resources plans, programs, policies, and procedures adopted by the covered institution for his employment classification pursuant to §§ 23.1-1024 , 23.1-1025 , and 23.1-1026 .

History. 2005, cc. 933, 945, § 23-38.115; 2016, c. 588.

§ 23.1-1023. Covered institutions; operational authority; human resources; grievance procedures.

  1. No covered institution is exempt from the State Grievance Procedure (§ 2.2-3000 et seq.), which shall continue to apply to all eligible nonfaculty covered employees of a covered institution. The governing board of each covered institution shall adopt policies that encourage the resolution of employment-related problems and complaints of its nonfaculty covered employees. Such policies shall provide that nonfaculty covered employees of the institution may discuss their concerns with their immediate supervisors and management freely and without retaliation. To the extent that such concerns cannot be resolved informally, the State Grievance Procedure (§ 2.2-3000 et seq.) shall apply (i) to the covered institution’s nonfaculty participating covered employees to the same extent that it applied to the same classifications of nonfaculty employees prior to the institution’s effective date of the initial management agreement and (ii) to the covered institution’s salaried nonfaculty covered employees who have elected pursuant to § 23.1-1022 to continue to participate in the state human resources program set forth in Chapters 28 (§ 2.2-2800 et seq.) and 29 (§ 2.2-2900 et seq.) of Title 2.2.
  2. The grievance policies that were applicable to faculty covered employees prior to the effective date of the initial management agreement shall continue in effect but may be amended by the covered institution.
  3. A covered institution may adopt grievance policies that are applicable to some or all other employees not subject to grievance policies pursuant to subsection A or B. Such grievance policies may be the same as the grievance policies adopted pursuant to subsection A.

History. 2005, cc. 933, 945, § 23-38.117; 2016, c. 588.

§ 23.1-1024. Covered institutions; operational authority; human resources; miscellaneous personnel matters.

  1. Each covered institution shall base all appointments, promotions, and tenure decisions upon merit and fitness, to be ascertained, as far as possible, by the competitive rating of qualifications by that institution.
  2. No establishment of a position or rate of pay or change in rate of pay shall become effective except on order of the appointing covered institution.
  3. No current or prospective participating covered employee of any covered institution shall be required, as a condition of employment, to smoke or use tobacco products on the job or abstain from smoking or using tobacco products outside the course of his employment, provided that this subsection shall not apply to those classes of employees to which § 27-40.1 or 51.1-813 is applicable.

History. 2005, cc. 933, 945, § 23-38.118; 2016, c. 588.

§ 23.1-1025. Covered institutions; operational authority; human resources; certain insurance plans.

  1. Insurance plans provided under this article and all proceeds from such plans are subject to the same provisions regarding exemption from levy, garnishment, and other legal process as is provided to Virginia Retirement System plans under § 51.1-510 , provided, however, that (i) permitted assignments shall be made through completion of forms provided by the covered institution or its vendor and (ii) for insurance plans established by a covered institution, the covered institution shall exercise the authority granted to the Board of the Virginia Retirement System in § 51.1-510 .
  2. Each covered institution (i) shall purchase or make available group life and accidental death and dismemberment insurance plans covering in whole or in part those of its participating covered employees eligible to participate in the Virginia Retirement System and (ii) may purchase or make available such additional insurance plans covering its participating covered employees as it deems appropriate. Participating covered employees shall not be required to present evidence of insurability satisfactory to an insurance company for basic group life insurance coverage. Each covered institution shall offer all salaried participating covered employees basic group life insurance at a level of coverage determined by the institution’s governing board. A covered institution may require participating covered employees to pay all or a portion of the cost of the insurance coverage offered pursuant to this subsection, which may be collected through a payroll deduction program. If the institution’s governing board so elects, and subject to the execution of such participation agreements as the Virginia Retirement System may require, the covered institution’s participating covered employees may be covered by the Virginia Retirement System’s group insurance programs established pursuant to Chapter 5 (§ 51.1-500 et seq.) of Title 51.1 with the same terms, costs, conditions, and benefits as other state employees.
  3. For those of its participating covered employees eligible to participate in the Virginia Retirement System, a covered institution shall (i) purchase disability insurance; (ii) subject to the execution of such participation agreements as may be necessary, appropriate, and in the best interests of the Commonwealth, continue to participate in the disability insurance program established for state agencies; (iii) establish a self-insured disability insurance program; or (iv) perform any combination of clauses (i), (ii), and (iii). A covered institution may require participating covered employees to pay all or a portion of the cost of the insurance coverage offered pursuant to clause (i), (iii), or (iv), which may be collected through a payroll deduction program. However, no such covered institution shall be required to contribute to the program established for state agencies on behalf of participating covered employees who do not participate in that program.
  4. If a covered institution’s governing board so elects, and subject to the execution of such participation agreements as may be necessary, appropriate, and in the best interests of the Commonwealth, each such institution or its participating covered employees, or both, may participate in any future insurance programs established for state employees with the same terms, conditions, and benefits as other state employees.

History. 2005, cc. 933, 945, § 23-38.119; 2016, c. 588.

§ 23.1-1026. Covered institutions; operational authority; human resources; severance policies.

  1. Each covered institution shall adopt a severance policy for its eligible participating covered employees that is applicable to voluntary and involuntary separations, including reductions in workforce. The provisions of the Workforce Transition Act (§ 2.2-3200 et seq.) shall not apply to participating covered employees.
  2. The terms and conditions of a covered institution’s severance policy for eligible participating covered employees shall be determined by the institution’s governing board. The covered institution and the Board of the Virginia Retirement System shall negotiate a formula according to which cash severance benefits may be converted to years of age or creditable service for participating covered employees who participate in the Virginia Retirement System.
  3. Covered employees who (i) were employees of a covered institution and were covered by the provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2 prior to the effective date of the initial management agreement, (ii) would otherwise be eligible for severance benefits under the Workforce Transition Act (§ 2.2-3200 et seq.), and (iii) are separated by a covered institution because of a reduction in workforce have the same preferential hiring rights with state agencies and other executive branch institutions as other state employees have under § 2.2-3201 . A covered institution shall recognize the hiring preference conferred by § 2.2-3201 on state employees who were (a) hired by a state agency or executive branch institution before the covered institution’s effective date of the initial management agreement and (b) separated after that date by that state agency or executive branch institution because of a reduction in workforce. If a covered institution has adopted a classification system pursuant to § 23.1-1021 that differs from the classification system administered by the Department of Human Resource Management, the covered institution shall classify the separated employee according to its classification system and shall place the separated employee appropriately. Any such separated employee who is hired by a covered institution is a participating covered employee for purposes of this article. Classification decisions that are made pursuant to this subsection and apply to employees transferring between state agencies, between other executive branch institutions and covered institutions, and between covered institutions as a result of a reduction in workforce and with the preferential hiring rights provided in this subsection and in § 2.2-3201 are presumed appropriate, and a separated employee who grieves the classification decision bears the burden of demonstrating that the classification violates the separated employee’s preferential hiring rights.
  4. An employee’s transition from being an employee of a public institution of higher education to being a covered employee of a covered institution on the effective date of a covered institution’s initial management agreement shall not, in and of itself, constitute a severance of that employee or a reduction in workforce that would make either the covered institution’s severance policy adopted pursuant to subsection A or the Workforce Transition Act (§ 2.2-3200 et seq.) applicable to that employee.

History. 2005, cc. 933, 945, § 23-38.120; 2016, c. 588; 2017, c. 314.

Editor’s note.

Acts 2017, c. 314, cl. 2 provides: “That the provisions of this act shall be effective retroactively to October 1, 2016.”

The 2017 amendments.

The 2017 amendment by c. 314, effective retroactively to October 1, 2016, substituted “reduction in workforce” for “reduction in force” in the last sentence of subsection C and in subsection D.

§ 23.1-1027. Covered institutions; duties; tuition, fees, rentals, and other charges.

Each covered institution shall fix, revise, charge, and collect tuition, rates, rentals, fees, and other charges for the services, goods, or facilities furnished by or on behalf of such institution and may adopt policies regarding any such service rendered or the use, occupancy, or operation of any such facility.

History. 2005, cc. 933, 945, § 23-38.103; 2016, c. 588.

§ 23.1-1028. Covered institutions; duties; leases of property.

The governing board of each covered institution shall adopt such policies relating to the leasing of real property, including capital or operating/income leases, that reasonably ensure that such leases are efficiently procured on appropriate terms and for appropriate purposes. With respect to capital or operating/income leases for real property to be used for academic purposes or for real property owned by the institution or a foundation relating to the institution to be used for non-academic purposes in accordance with the institution’s land use plan pursuant to § 2.2-1153 , other than applicable policies adopted by a covered institution’s governing board and provisions of general law that expressly apply to covered institutions, such institutions are exempt from any state or local statutes, ordinances, rules, regulations, and guidelines relating to (i) operating/income leases of real property by public entities and (ii) except as otherwise provided in §§ 23.1-1016 and 23.1-1019 , capital leases.

History. 2005, cc. 933, 945, § 23-38.113; 2016, c. 588.

Chapter 11. Bonds and Other Obligations.

§ 23.1-1100. Definitions.

As used in this chapter, unless the context requires a different meaning:

“Board” means the members of the board of visitors, board of trustees, or other governing board of an institution.

“Bond” means any bond, note, or other evidence of indebtedness or obligation of an institution issued by an institution pursuant to this chapter.

“Erect” includes building, constructing, reconstructing, erecting, demolishing, extending, bettering, equipping, installing, modifying, and improving.

“Institution” means each public institution of higher education, as that term is defined in § 23.1-100 ; Eastern Virginia Medical School; the Institute for Advanced Learning and Research; the New College Institute; the Roanoke Higher Education Authority; the Southern Virginia Higher Education Center; the Southwest Virginia Higher Education Center; the Virginia School for the Deaf and the Blind; and the Wilson Workforce and Rehabilitation Center.

“Project” means (i) any (a) building, facility, addition, extension, or improvement of a capital nature that is necessary or convenient to carry out the purposes of an institution, including administration and teaching facilities, lecture and exhibition halls, libraries, dormitories, student apartments, faculty dwellings, dining halls, cafeterias, snack bars, laundries, hospitals, laboratories, research centers, infirmaries, field houses, gymnasiums, auditoriums, student unions, recreation centers, stadiums, athletics facilities, garages, parking facilities, warehouses and storage buildings, and book and student supplies centers, or (b) building, land, appurtenance, furnishing, or equipment necessary or desirable in connection with or incidental to a project or (ii) any personal property at an institution.

History. 1933, p. 83, § 23-15; 1946, p. 184; 1964, c. 635; 1996, cc. 672, 689; 2016, c. 588.

§ 23.1-1101. Powers of institutions vested in majority of members of board; quorum.

The powers of each institution derived directly or indirectly from this chapter are vested in and may be exercised by a majority of the members of its board, and a majority of such board constitutes a quorum for the transaction of any business authorized by this chapter.

History. 1933, p. 83, § 23-14; 1946, p. 183; 1956, c. 373; 1960, c. 180; 1962, c. 69; 1964, cc. 358, 440, 635; 1966, c. 616; 1972, cc. 550, 861; 1974, c. 317; 1975, c. 396; 1976, c. 189; 1977, cc. 296, 319, 668; 1979, cc. 136, 145; 1987, c. 329; 1992, c. 103; 1999, cc. 424, 437; 2000, cc. 108, 671; 2001, c. 578; 2002, cc. 87, 158, 257, 478; 2004, cc. 176, 195, 857; 2005, cc. 774, 799; 2006, cc. 808, 842; 2008, c. 56; 2013, c. 805; 2015, cc. 369, 542; 2016, c. 588.

CIRCUIT COURT OPINIONS

Sovereign immunity. —

Eastern Virginia Medical School (EVMS) is a public body constituted as a governmental instrumentality for the dissemination of education under § 23-14, and as such, EVMS was unambiguously entitled to sovereign immunity in a suit instituted by an infant and the infant’s mother for brain trauma suffered by the infant when the infant failed to receive sufficient oxygen during birth. Mann v. Sentara Hosps., 59 Va. Cir. 433, 2002 Va. Cir. LEXIS 363 (Norfolk Sept. 11, 2002).

Sovereign and charitable immunity found. —

In an action filed against them by a patient and others, special pleas in bar of sovereign and charitable immunity were granted to defendant medical clinic, charity, and a doctor, as the charity’s employee, as: (1) the clinic, under both § 23-14 and its charter, it had the legal attributes of a municipal entity; and (2) the charity exhibited a charitable or eleemosynary function. Moore v. Maryview Med. Ctr., 71 Va. Cir. 442, 2005 Va. Cir. LEXIS 238 (Portsmouth Dec. 15, 2005).

Power to change patent proceeds policy. —

Judgment was entered declaring that a medical school’s president was within his authority when he directed a portion of the school’s technology proceeds to a foundation as the school could distribute technology proceeds to the foundation under the Eastern Virginia Medical School Enabling Act, Acts 2002, cc. 87 and 478, § 3, and the president could change the patent policy under the school’s bylaws; however, a letter of agreement was not a binding contract or evidence of an oral agreement as it was not supported by consideration. Nonetheless, the school was bound by its policies and the foundation had essentially vested in the patent proceeds under the amended policy in the letter of agreement until the policy was changed. Eastern Va. Med. Sch. v. Found. for the Howard and Georgeanna Jones Institute for Reproductive Medicine, 69 Va. Cir. 452, 2006 Va. Cir. LEXIS 93 (Norfolk Jan. 23, 2006).

§ 23.1-1102. Purpose of institutions.

In addition to any other purposes provided by law or otherwise, the purpose of every institution is to acquire, install, modify, and erect projects.

History. 1933, p. 85, § 23-17; 1996, cc. 672, 689; 2016, c. 588.

§ 23.1-1103. Institutions; powers generally.

Any institution may, in its proper corporate name and style:

  1. Sue and be sued (i) on any bond, agreement, or other contractual or quasi-contractual obligation issued, made, or incurred pursuant to this chapter; (ii) on any duty, debt, evidence of debt, term, provision, condition, or covenant relating to any bond, agreement, or other contractual or quasi-contractual obligation issued, made, or incurred pursuant to this chapter; (iii) for the enforcement of any bond, agreement, or other contractual or quasi-contractual obligations issued, made, or incurred pursuant to this chapter; or (iv) for the enforcement of any contract or agreement with or liability to any federal agency or bondholder or any trustee or representative of such bondholder.
  2. Adopt and alter a common seal.
  3. Acquire and hold real or personal property or interests in such property in its own name.
  4. Execute any instrument that it deems necessary or convenient to carry out the purposes of this chapter.
  5. With the consent of the Governor, issue bonds and provide for and secure the rights of the bondholders.
  6. Perform any act authorized by this chapter through its own officers, agents, or employees, or by contracts with private corporations, firms, or individuals.
  7. Perform any act that it deems necessary or convenient to carry out the powers and purposes expressly provided in this chapter.

History. 1933, p. 84, § 23-16; 2016, c. 588.

CIRCUIT COURT OPINIONS

Procurement of contracts and obligations not covered. —

Where § 23-16 allowed a state university to be sued on quasi-contract theories, and the section entitled “Bonds and Other Obligations” may reference building stadiums, a building contractor could not use the section to recover sums allegedly due for construction of a press box and luxury suites for the university; the section deals with the issuance of bonds and other obligations by the sovereign and not with the procurement of contracts and the obligations contained therein. Turner Constr. Co. v. Va. Polytechnic Inst. & State Univ., 73 Va. Cir. 351, 2007 Va. Cir. LEXIS 207 (Montgomery County June 1, 2007).

§ 23.1-1104. Institutions; powers; projects and bonds.

With the prior consent of the Governor, any institution may acquire any project by purchase, gift, or otherwise, erect any project, or refinance the cost of acquiring or erecting any project, and in connection with any such acquisition, erection, or refinancing, any institution may borrow money; make, issue, and sell its bonds as provided in this chapter; and enter into and perform all lawful contracts and agreements, do all lawful acts necessary or proper, and make such lawful contracts and agreements and perform all such lawful acts as may be necessary, proper, or advisable for the purpose of obtaining or securing grants, loans, or financial assistance of any kind under any act of Congress or the Commonwealth.

History. 1933, p. 85, § 23-18; 1946, p. 184; 1966, c. 572; 2016, c. 588.

§ 23.1-1105. Institutions; powers; borrowing upon endowment and other investments.

  1. Any institution may, with the approval of the Governor and upon the affirmative vote of at least two-thirds of its board, borrow sums that it deems necessary for and in the name of the institution and secure payment of such sums by the pledge of any stock, note, bond, and other asset held by such institution as a part of its endowment funds or unrestricted gifts from private sources.
  2. Any institution may issue bonds pursuant to this section in one or more series, and such bonds shall bear such date, mature at such time, bear interest at such rate or rates not exceeding the rate specified in § 23.1-1112 that is payable at such time, be in such denomination, be in such form, either coupon or registered, carry such registration privilege, be executed in such manner, be payable in such medium of payment and at such place, and be subject to such terms of redemption, with or without premium, as the board of such institution may provide by resolution.
  3. Any bonds issued pursuant to this section may be sold at public or private sale for such price or prices as the board determines. The interest cost to maturity of the moneys received for any such issue of bonds shall not exceed the rate specified in § 23.1-1112 . Bonds so issued and the interest thereon (i) is payable only out of the sale or liquidation of the endowment investments, investments of unrestricted gifts from private sources, and interest accruing on such sale, liquidation, or investment that is pledged to secure the bonds so issued and (ii) is not a general obligation of such institution, the Commonwealth, the Governor, the members of the board of such institution, or any person executing the bonds so issued.
  4. All moneys received or derived from the sale of any bonds issued pursuant to this section are a part of the local funds of the institution and are not state funds.
  5. Each institution may use funds available for such purpose to purchase any bond issued pursuant to this section at a price not more than the sum of the principal amount of such bond and accrued interest thereon. Any bond so purchased shall be canceled unless purchased as an endowment fund investment. This subsection shall not apply to the redemption of bonds.
  6. Any bond issued pursuant to this section is a security in which all public officers and bodies of the Commonwealth and its political subdivisions, insurance companies and associations, and savings banks and savings institutions, including savings and loan associations, in the Commonwealth may properly and legally invest funds under their control.
  7. Any bond issued pursuant to this section, the transfer of such bond, and the income from such bond, including any profit derived from the sale of such bond, is exempt from taxation by the Commonwealth or by any locality or political subdivision of the Commonwealth.
  8. Any resolution of the board authorizing the issuance of bonds pursuant to this section may contain any provision that is authorized pursuant to this chapter in connection with the issuance of bonds by institutions. Such provision shall be part of the contract with the holders of such bonds.

History. § 23-30.01; 2016, c. 588.

§ 23.1-1106. Bonds generally.

  1. The Treasury Board is designated as the paying agent of institutions for the purposes of this chapter and shall approve the terms and structure of bonds executed pursuant to this chapter.
  2. Any institution may execute its bonds in an aggregate principal amount determined by its board, approved by the Governor, and approved by the Treasury Board pursuant to § 2.2-2416 . Such aggregate principal amount may include any cost associated with the development and management of the project, legal or accounting expenses incurred by the institution in connection with the project for which such bonds are issued, and the cost of issuing the bonds, including printing, engraving, advertising, legal, and other similar expenses.
  3. Bonds issued pursuant to this chapter shall:
    1. Be subject to approval by the Governor and authorization by resolution of the board, and any such resolution may contain provisions, which shall be part of the contract with the bondholders, relating to:
      1. Fixing, revising, charging, and collecting fees, rents, and charges for or in connection with the use, occupation, or services of the project or pledging such fees, rents, and charges and any increase in revenues derived from any existing facilities at such institution resulting from any increase in such fees, rents, or charges to the payment of the principal of and the interest on such bonds;
      2. Fixing, revising, charging, and collecting fees, rents, and charges for or in connection with the use, occupation, or services of any existing facility at such institution and pledging such fees, rents, and charges to the payment of the principal of and the interest on such bonds;
      3. Fixing, revising, charging, and collecting student building fees and other student fees from students enrolled at such institution and pledging all or part of such fees to the payment of the principal of and the interest on such bonds;
      4. Pledging to the payment of the principal of and the interest on such bonds any moneys available for the use of such institution, including moneys appropriated to such institution from the general fund of the Commonwealth or from nongeneral funds that are not required by law or by previous binding contract to be devoted to some other purpose, without regard to the source of such moneys but subject to Treasury Board guidelines and approval pursuant to § 2.2-2416 ;
      5. Paying the cost of operating and maintaining any project and any such existing facilities from any revenue source mentioned in subdivision a, b, c, or d, creating reserves for such purposes, and providing for the use and application of such reserves;
      6. Creating sinking funds for the payment of the principal of and the interest on such bonds, creating reserves for such purposes, and providing for the use and application of such reserves;
      7. Limiting the right of the institution to restrict and regulate the use, occupation, and services of the project and such other existing facilities or the services rendered in such project or other existing facilities;
      8. Limiting the purposes to which the proceeds of sale of any issue of bonds may be applied;
      9. Limiting the issuance of additional bonds;
      10. Setting forth the procedure by which the terms of any contract with the bondholders may be amended or abrogated and the manner in which such bondholders may give consent to any such amendment or abrogation; and
      11. Setting forth such other conditions precedent as may be required by the United States or any federal agency to obtain a direct grant or loan to erect or defray the cost of labor and material to erect any project from the United States or any federal agency, subject to the approval of the Governor;
    2. Bear such date, mature at such time, bear interest at such rate not exceeding the rate specified in § 23.1-1112 payable at such times, be in such denomination, be in such form, either coupon or registered, carry such registration privilege, be executed in such manner, be payable in such medium of payment and at such place, and be subject to such terms of redemption, with or without premium, as the resolution of the board provides;
    3. Be issued to finance only those projects approved by the General Assembly in the general appropriation act;
    4. Be pledged pursuant to a resolution of the board and payable only from the revenue sources set forth in subdivisions 1 a, b, c, and d;
    5. Not constitute an indebtedness of the institution, except to the extent of the collection of such revenues. Institutions are not liable to pay such bonds or the interest on such bonds from any other funds. No contract entered into by an institution pursuant to this chapter shall be construed to require the costs or expenses to operate and maintain a project for which bonds are issued and any other existing facilities to be paid out of any funds other than the revenues derived and pledged from the sources set forth in subdivisions 1 a, b, c, and d; and
    6. Be fully negotiable within the meaning and for all the purposes set forth in Title 8.3A.
  4. Bonds issued pursuant to this chapter may be:
    1. Sold at public or private sale for such price or prices as the board determines and the Governor approves, provided that (i) the interest cost to maturity of the money received for any issue of such bonds shall not exceed the rate specified in § 23.1-1112 ; (ii) the General Assembly shall approve the issuance of bonds to finance projects; and (iii) biennially, on or before September 1 of each odd-numbered year, each institution shall submit to the Governor each proposed project and the estimated cost of each such project that the institution desires to have financed under the provisions of this chapter, and the Governor shall consider such projects and make his recommendation to the General Assembly in the budget submitted in accordance with the provisions of § 2.2-1508 ;
    2. Issued to finance only those projects approved by the General Assembly in the general appropriation act, which projects need not be limited to the projects recommended by the Governor;
    3. Issued to finance all or a portion of the cost of any project plus amounts to fund issuance costs, reserve funds, and capitalized interest for a period not to exceed one year following completion of the project; and
    4. Issued for the purpose set forth in § 23.1-1102 or to carry out the powers conferred on the institution by § 23.1-1104 .
  5. Neither the Governor nor the members of the board nor any person executing bonds pursuant to this chapter are liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of such bonds.
  6. Any institution may purchase with funds available for such purchase any bond that it has issued at a price not more than the sum of the principal amount and accrued interest. All bonds so purchased shall be cancelled unless purchased as an endowment fund investment. Nothing in this subsection shall be construed to apply to the redemption of bonds.
  7. In any case in which an institution obtains a loan from the United States or any federal agency to erect any project that requires the establishment of a debt service reserve, the institution, with the consent of the Governor, may deposit securities in a separate collateral account in an amount equal to the required debt service reserve and pledge such securities to meet the debt service requirements if the revenues derived from any source set forth in subdivision C 1 a, b, c, or d and pledged for the payment of such loan become insufficient for such purpose. The face value of United States government securities and the market value of all other securities is the value of any securities so deposited. Nothing in this subsection shall be construed to prohibit repayment of any portion of such loan from income derived from the securities so deposited. No securities shall be deposited in any such collateral account unless such securities are purchased with funds whose use is in no way limited or restricted or are donated to such institution for the purpose of establishing such debt service reserve.

History. 1933, p. 85, § 23-19; 1936-7, p. 28; 1946, p. 184; 1950, p. 366; 1954, c. 397; 1958, cc. 17, 486; 1959, Ex. Sess., c. 61; 1962, c. 373; 1964, c. 635; 1970, c. 609; 1990, cc. 54, 856; 1996, cc. 636, 656, 672, 689; 2016, c. 588.

§ 23.1-1107. Bondholders; remedies and trustees.

  1. The provisions of this section shall apply to an issuance of bonds only if the resolution authorizing such bonds provides that the bondholders are entitled to all the benefits of and subject to the provisions of this section.
  2. If any institution (i) defaults on the payment of principal of or interest on any series of its bonds after the payment becomes due, whether at maturity or upon call for redemption, and such default continues for a period of 30 days; (ii) fails or refuses to comply with the provisions of this chapter; or (iii) defaults on any agreement made with the bondholders of any series, the holders of 25 percent of the aggregate principal amount of the bonds of such series then outstanding, by instrument filed with the Governor and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders of such series for the purposes provided in this section.
  3. The trustee may, and upon written request of the holders of 25 percent of the aggregate principal amount of the bonds of such series then outstanding shall, in his own name:
    1. By mandamus or other suit, action, or proceeding at law or in equity, enforce all rights of the bondholders of such series, including the right to require such institution and its board to (i) collect fees, rents, charges, or other revenues adequate to carry out any agreement as to, or pledge of, such revenues or (ii) carry out and perform any other agreements with the bondholders of such series and their duties under this chapter;
    2. Bring suit upon such bonds;
    3. By action or suit in equity, require such institution to account as if it were the trustee of an express trust for the bondholders; and
    4. By action or suit in equity, enjoin any acts that may be unlawful or in violation of the rights of the bondholders.
  4. If the resolution that authorizes any bond contains the provision required by subsection A and provides that any trustee appointed by the bondholders pursuant to this section has the powers provided by this subsection, then any such trustee, whether or not all such bonds have been declared due and payable, is entitled to the appointment of a receiver who may (i) enter and take possession of any property of the institution from which any of the revenues are pledged for the security of the bonds of the holders that are represented by such trustee, (ii) operate and maintain such property, and (iii) collect and receive all fees, rents, charges, and other revenues arising from such property in the same manner as the institution is permitted to do and shall deposit all such moneys in a separate account and apply all such moneys in such manner as the court directs. In any suit, action, or proceeding by the trustee, any fees, counsel fees, and expenses of the trustee and receiver shall constitute taxable costs and disbursements and all costs and disbursements allowed by the court shall be a first charge on any fees, rents, charges, and other revenues of the institution that are pledged for the security of the bonds.
  5. Each trustee appointed pursuant to subsection B has all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of the bondholders he represents in the enforcement and protection of their rights.

History. 1933, p. 87, § 23-20; 1946, p. 186; 2016, c. 588.

§ 23.1-1108. Bonds mutilated, lost, or destroyed.

If any bond issued by an institution is mutilated, lost, or destroyed, the board may execute and deliver a new bond of like date, number, and tenor in exchange and substitution for, and upon cancellation of a mutilated bond and its interest coupons or in lieu of and in substitution for a lost or destroyed bond and its unmatured interest coupons. Such new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost, or destroyed bond (i) has paid the reasonable expense and charges in connection with the execution and delivery; (ii) in the case of a lost or destroyed bond, has filed with the board and the State Treasurer satisfactory evidence that such bond was lost or destroyed and that the bondholder was the owner of the bond; and (iii) has furnished indemnity satisfactory to the State Treasurer.

History. 1962, c. 205, § 23-20.1; 2016, c. 588.

§ 23.1-1109. Bonds and revenues; disposition.

All moneys derived from the sale of bonds pursuant to § 23.1-1106 and all revenues derived from any source set forth in subdivision C 1 a, b, or c of § 23.1-1106 , except those moneys that are exempt from deposit into the state treasury, shall be paid into the state treasury, set aside in special funds, and devoted solely to the payment of (i) the cost of erecting the project for which such bonds have been issued, (ii) the principal of and the interest on such bonds, and (iii) the cost of maintenance and operation of such project and any other existing facilities for which any revenue is pledged either in whole or in part to the payment of the principal of and the interest on such bonds, respectively, and are specifically appropriated for such purposes to be paid out by the State Treasurer on warrants of the Comptroller to be issued on vouchers of the treasurer or other fiscal officer of the board of such institution.

History. 1933, p. 88, § 23-21; 1946, p. 187; 1962, c. 373; 1964, c. 635; 1997, c. 308; 2016, c. 588.

§ 23.1-1110. Bonds as legal investments.

Any bonds issued pursuant to this chapter are securities in which all public officers and bodies of the Commonwealth and its political subdivisions, insurance companies and associations, and savings banks and savings institutions, including savings and loan associations, in the Commonwealth may properly and legally invest funds in their control.

History. 1933, p. 90, § 23-23; 2016, c. 588.

§ 23.1-1111. Bonds; prohibition against obligating Commonwealth.

The bonds and other obligations of an institution are not a debt of the Commonwealth, do not create or constitute any indebtedness or obligation of the Commonwealth, legal, moral, or otherwise, and are not payable out of any funds other than those of the institution. Nothing in this chapter shall be construed to authorize any institution to incur any indebtedness on behalf of the Commonwealth or in any way to obligate the Commonwealth.

History. 1933, p. 91, § 23-24; 2016, c. 588.

§ 23.1-1112. Bonds; interest.

No bond issued by an institution pursuant to this chapter shall (i) bear interest at an annual percentage rate exceeding the greater of the rates authorized under § 6.2-303 or 15.2-2612 or (ii) be sold at public or private sale such that the interest cost to maturity exceeds the greater of such annual percentage rates authorized under § 6.2-303 or 15.2-2612 .

History. 1970, c. 609, § 23-30.03; 2016, c. 588.

§ 23.1-1113. Bonds; surplus to be paid into state treasury.

When any institution fully meets and discharges its bonds, interest thereon, interest on any unpaid installments of interest on its bonds, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders and pays in full or otherwise discharges all of its liabilities incurred pursuant to this chapter, such institution shall pay into the state treasury all such sums of money it receives pursuant to the provisions of this chapter or that are derived from any project erected pursuant to this chapter as may be in its possession or control.

History. 1933, p. 91, § 23-28; 2016, c. 588.

§ 23.1-1114. Projects; accounts to be kept by boards.

The board of each institution shall keep and preserve complete and accurate accounts of all sums of money received and disbursed to acquire, erect, lease, operate, or maintain any project and any other existing facilities, including a complete and accurate record of all revenues derived from any source set forth in subdivision C 1 a, b, c, or d of § 23.1-1106 and all sums disbursed for the payment of the principal of or interest on or other debt service with respect to any bonds issued pursuant to this chapter. The annual portion of such revenues that are not required to discharge any obligation, liability, or debt of the institution incurred in connection with the project or other existing facilities, including the creation of reserves for such purposes, shall be paid into the state treasury as provided in § 23.1-1109 .

History. 1933, p. 89, § 23-22; 1962, c. 373; 1964, c. 635; 1984, c. 734; 2016, c. 588.

§ 23.1-1115. Projects; exemption from taxation.

The acquisition, erection, leasing, operation, and maintenance of any project authorized by this chapter are for the benefit of the citizens of the Commonwealth, for the increase of their pleasure, knowledge, and welfare, and for the dissemination of education among them. Each institution performs a governmental function and is an incorporated institution of learning in carrying out its purposes and exercising its powers pursuant to this chapter and, so far as may be consistent with the Constitution of Virginia, is not required to pay taxes or assessments of any kind upon any project that it (i) acquires, erects, or leases and (ii) operates and maintains. Any such project is exempt from taxation and, insofar as may be permitted under the Constitution of Virginia, the bonds of such institution are exempt from taxation except for inheritance taxes.

History. 1933, p. 91, § 23-25; 2016, c. 588.

§ 23.1-1116. Commonwealth not to limit revenues of institutions.

The Commonwealth shall not (i) limit or alter the rights vested in any institution to establish, collect, and pledge fees, rents, and charges, including student building fees and other student fees, as provided for in subdivision C 1 a, b, c, or d of § 23.1-1106 that the institution deems necessary or convenient to produce sufficient revenues to meet the expense of maintenance and operation of such project and such other existing facilities and fulfill the terms of any agreement made with the bondholders or (ii) in any way impair the rights and remedies of such bondholders until the bonds, the interest thereon, the interest on any unpaid installments of interest on the bonds, and all costs and expenses in connection with any action or proceedings by or on behalf of such bondholders are fully met and discharged.

History. 1933, p. 91, § 23-26; 1962, c. 373; 1964, c. 635; 2016, c. 588.

§ 23.1-1117. Borrowing to purchase real estate.

  1. Any institution may, with the approval of the Governor and upon the affirmative vote of at least two-thirds of its board, (i) borrow for and in the name of the institution such sums as it determines necessary for the acquisition of improved or unimproved real estate whether such acquisition is for the purpose of erecting a project and (ii) secure payment of such debts by a lien on such real estate or the pledge of any endowment funds or unrestricted gifts from private sources available for the use of such institution that are not required by law or by previous binding contract to be devoted to some other purpose.
  2. Bonds issued by an institution pursuant to this section and the interest thereon shall be paid only from the real estate, endowment funds, or unrestricted gifts from private sources pledged to secure the bonds so issued or the proceeds from the sale or liquidation of such real estate, funds, or gifts, and shall not constitute a general obligation of such institution, the Commonwealth, the Governor, the members of the board, or any person executing the bonds so issued.
  3. Any bonds issued by an institution pursuant to this section are securities in which all public officers and bodies of the Commonwealth and its political subdivisions, insurance companies and associations, and savings banks and savings institutions, including savings and loan associations, in the Commonwealth may properly and legally invest funds under their control.
  4. Any bonds issued pursuant to this section, the transfer of such bonds, or the income from such bonds, including any profit derived from the sale of such bonds, is exempt from taxation by the Commonwealth or any locality or political subdivision of the Commonwealth.
  5. Any board resolution authorizing the issuance of bonds pursuant to this section may contain any provision authorized by this chapter in connection with the issuance of bonds by institutions. Such provision shall be part of the contract with the holders of such bonds.

History. 1970, c. 609, § 23-30.02; 1981, c. 505; 2016, c. 588.

§ 23.1-1118. Discretion of Governor in granting or withholding consent or approval.

The Governor is vested with absolute discretion with respect to withholding or granting any consent or approval made pursuant to this chapter.

History. 1933, p. 91, § 23-27; 2016, c. 588.

§ 23.1-1119. Payment of interest on bonds of the Commonwealth held by public institutions of higher education and private institutions of higher education.

The Comptroller shall draw upon the state treasury in favor of the proper authorities of any public institution of higher education or private institution of higher education for all accrued interest, upon all obligations of the Commonwealth or the James River and Kanawha Company guaranteed by the Commonwealth that are held by or for such institution. No interest shall be paid upon any such bonds.

History. Code 1919, § 990, § 23-5; 2016, c. 588.

§ 23.1-1120. Exchange and cancellation of consol coupon bonds of the Commonwealth.

The following sections of the Code of Virginia of 1919 are continued in effect:

  1. Section 991, relating to the exchange of consol coupon bonds held by colleges, etc., for funded registered consol bonds; and
  2. Section 992, relating to the cancellation of such bonds surrendered in exchange.

History. Code 1919, §§ 991, 992, § 23-6; 2016, c. 588.

§ 23.1-1121. Certificates of indebtedness.

Chapter 489 of the Acts of Assembly of 1926, approved March 25, 1926, and codified as §§ 992(1)-992(13) of Michie Code 1942, authorizing the governing boards of certain public institutions of higher education to issue certificates of indebtedness to raise funds for dormitory construction purposes, and Chapter 61 of the Acts of Assembly of 1928, approved February 28, 1928, relating to similar certificates, are continued in effect.

History. § 23-30; 2016, c. 588.

§ 23.1-1122. Provisions of chapter to control.

Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or the charter or other organic law of any institution, the provisions of this chapter control.

History. 1933, p. 92, § 23-29; 1962, c. 577; 1964, c. 90; 1997, c. 310; 2016, c. 588.

Chapter 12. Virginia College Building Authority.

Article 1. General Provisions; Powers and Duties.

§ 23.1-1200. Definitions; findings.

  1. As used in this article, unless the context requires a different meaning:“Authority” means the Virginia College Building Authority.“Bond”  means any bond, note, or other evidences of indebtedness or obligation of the Authority pursuant to this article.“Eligible institution” means public institutions of higher education, as that term is defined in § 23.1-100 ; Eastern Virginia Medical School; the Institute for Advanced Learning and Research; the New College Institute; the Roanoke Higher Education Authority; the Southern Virginia Higher Education Center; the Southwest Virginia Higher Education Center; the Virginia School for the Deaf and the Blind; and the Wilson Workforce and Rehabilitation Center.“Equipment”  means any personal property, including computer hardware and software, and any other improvements, including infrastructure improvements relating to equipment, used to support academic instruction and research at eligible institutions.“Project”  has the same meaning as set forth in § 23.1-1100 .
  2. Providing funds for the construction of projects at eligible institutions is or may be hindered, impeded, and delayed by the high financing costs resulting from the sale of bonds of such eligible institutions in the open market, and it is desirable that the Authority may (i) serve the purposes of eligible institutions by purchasing such bonds and financing the construction of projects at a lower cost, which facilitates such construction and (ii) issue its own revenue bonds for the purpose of paying the costs of such projects.
  3. There is an urgent need to provide substantial amounts of new scientific, technical, and other equipment for academic instruction, research, and related activities at eligible institutions so that they may remain competitive in attracting high-quality faculty and obtaining research grants, and it is desirable that the Authority may finance the purchase of such equipment to provide eligible institutions with such equipment at the lowest possible cost, which facilitates the acquisition and supply of such equipment to eligible institutions and increases the purchasing power of their funds, including funds provided by tuition and fees and appropriations from the General Assembly.

History. 1964, c. 607, § 23-30.24; 1966, c. 685; 1986, c. 597; 1996, cc. 672, 689; 2016, c. 588.

§ 23.1-1201. Virginia College Building Authority established.

  1. The Virginia College Building Authority is established as a public body corporate and a political subdivision, agency, and instrumentality of the Commonwealth. The Authority is vested with the powers, rights, and duties conferred in this chapter.
  2. The Authority shall consist of the State Treasurer, the State Comptroller, the Director of the Department of Planning and Budget, and the Director of the Council, all of whom shall serve ex officio, and seven additional members appointed by the Governor, subject to confirmation by the General Assembly. Each member shall serve at the pleasure of the Governor. Appointed members shall serve for a term of four years. Ex officio members shall serve terms coincident with their terms of office. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. No appointed member shall serve more than two consecutive terms.
  3. The Governor shall appoint one member as chairman who shall serve a two-year term. No member is eligible to serve more than two consecutive terms as chairman. The chairman shall be the chief executive officer of the Authority and shall receive such compensation as the Governor determines. No ex officio member is eligible to serve as chairman.
  4. The Authority shall elect one appointed member as vice-chairman, who shall exercise the powers of the chairman in the absence of the chairman.
  5. The Authority shall elect a treasurer, a secretary, and an assistant secretary to perform the duties and functions commonly performed by such officers. All such officers, except the secretary and the assistant secretary, shall be selected from members of the Authority. The secretary and the assistant secretary may receive such compensation as the Authority provides.
  6. Each appointed member of the Authority and the secretary and the assistant secretary shall execute a surety bond in such penal sum as shall be determined by the Attorney General to be (i) conditioned upon the faithful performance of the duties of his office, (ii) executed by a surety company authorized to transact business in the Commonwealth as surety, (iii) approved by the Attorney General, and (iv) filed in the office of the Secretary of the Commonwealth.
  7. Six members of the Authority shall constitute a quorum for the transaction of all business of the Authority.

History. 1964, c. 607, § 23-30.25; 1966, c. 685; 1980, c. 728; 1986, c. 597; 2011, cc. 691, 714; 2016, c. 588.

§ 23.1-1202. Action by Authority may be authorized by resolution.

The Authority may authorize any action taken by the Authority pursuant to the provisions of this article by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted.

History. 1964, c. 607, § 23-30.35; 1966, c. 685; 2016, c. 588.

§ 23.1-1203. Powers of Authority generally.

To enable the Authority to carry out the purposes for which it is established, the Authority may:

  1. Sue and be sued;
  2. Make contracts;
  3. Adopt, use, and alter a common seal;
  4. Have perpetual succession as a public body corporate;
  5. Adopt bylaws and regulations for the conduct of its affairs;
  6. Maintain an office at such place as it may designate;
  7. Collect, or authorize the trustee under any trust indenture securing any bonds of the Authority to collect, (i) the principal of and the interest on all obligations transferred to the Authority by the General Assembly and (ii) other assets or moneys transferred to the Authority by the General Assembly or eligible institutions, including lease payments and other sources of revenue, as such principal, interest, and other assets or moneys become due;
  8. Conduct a program of purchasing equipment for eligible institutions as authorized by this article;
  9. Collect, or authorize the trustee under any trust indenture securing any bonds of the Authority to collect, (i) payments due under leases or agreements of sale of equipment or leases or other obligations of real property by the Authority to eligible institutions as such payments become due and (ii) the principal of and the interest on all bonds of eligible institutions purchased by the Authority;
  10. Repossess and sell, or authorize the trustee under any trust indenture securing any bonds of the Authority to repossess and sell, any equipment upon any default under the lease or agreement for the sale of such equipment;
  11. Repossess and re-lease, or authorize the trustee under any trust indenture securing any bonds of the Authority to repossess and re-lease, any project upon any default under the lease of such project;
  12. Assist eligible institutions in applying for grants from, or entering into other agreements with, the federal or state government, foundations, or other entities that are designed to provide (i) guarantees of or funds for payments under leases or contracts of sale or (ii) other benefits;
  13. Enter into agreements with the federal or state government, foundations, or other entities that are designed to provide (i) guarantees of or funds for payments under leases or contracts of sale or (ii) other benefits;
  14. Select, appoint, and employ financial experts, corporate depositories, trustees, paying agents, attorneys, accountants, consulting engineers, construction experts, and other individuals to perform such other services as may be necessary in the judgment of the Authority and pay their compensation and reasonable expenses either from moneys received by the Authority under the provisions of this article or from appropriations made by the General Assembly for such purposes;
  15. Issue bonds of the Authority as authorized by this article and refund any such bonds;
  16. Receive and accept any grants, aid, or contributions of money, property, labor, or other things of value from any source or reject any such grants, aid, or contributions; and
  17. Perform any other act necessary, appropriate, incidental, or convenient to carrying out the powers expressly granted in this article.

History. 1964, c. 607, § 23-30.31; 1966, c. 685; 1986, c. 597; 1996, cc. 672, 689; 2016, c. 588.

§ 23.1-1204. Duties; administration of assets, moneys, or obligations.

The Authority shall manage and administer all assets, moneys, or obligations set aside and transferred to it by the General Assembly or eligible institutions as provided in this article.

History. 1966, c. 685, § 23-30.26; 1996, cc. 672, 689; 2016, c. 588.

§ 23.1-1205. Powers; purchase or sale of bonds or other obligations of eligible institutions.

  1. The Authority may purchase, with any funds of the Authority available for such purpose, at public or private sale and for such price and on such terms as it determines, bonds or other obligations issued by eligible institutions pursuant to Chapter 11 (§ 23.1-1100 et seq.).
  2. The Authority may pledge to the payment of the interest on and the principal of any bonds of the Authority all or any part of the bonds of eligible institutions so purchased, including payments of principal and interest thereon, as such payments become due. The Authority may, subject to any such pledge, sell any such bonds so purchased and apply the proceeds of such sale (i) to purchase like bonds of other eligible institutions or (ii) for the purpose and in the manner provided by any resolution authorizing the issuance of bonds of the Authority.

History. 1966, c. 685, § 23-30.27; 2016, c. 588.

§ 23.1-1206. Powers; acquisition or disposition of equipment.

  1. The Authority may (i) acquire equipment or any interest in equipment by purchase, exchange, gift, lease, or otherwise; (ii) sell, exchange, donate, convey, lease, and dispose of such equipment or any portion of or interest in such equipment, including security interests in such equipment; and (iii) retain or receive security interests in such equipment.
  2. Notwithstanding any other provision of law to the contrary, eligible institutions may grant security interests in or other liens on equipment held or acquired by the eligible institution under any lease or agreement of sale with the Authority.
  3. The Authority may acquire equipment with any funds of the Authority available for such purpose. Acquisition and disposition of equipment may be at public or private sale and for such price and on such terms as the Authority determines, provided that the Authority finances the acquisition of equipment for sale to eligible institutions only pursuant to standards and procedures approved through the Commonwealth’s budget and appropriation process. The budget document shall present any lease payments and the corresponding total value of equipment to be acquired by each eligible institution. Each eligible institution shall make available such additional detail on specific equipment to be purchased as may be requested by the Governor or the General Assembly. If emergency acquisitions and leases are necessary when the General Assembly is not in session, the Governor may approve such acquisitions and leases. Prior to such acquisitions and leases, the Governor shall submit such proposed acquisitions and leases to the House Committee on Appropriations and the Senate Committee on Finance and Appropriations for their review and approval.
  4. The Authority may establish and maintain such accounts as it deems appropriate to provide funds for acquisition of equipment on a continuing basis. The Authority may deposit in such accounts such funds as it deems appropriate, including the proceeds of any Authority bonds issued to finance the purchase of equipment and payments made to the Authority under equipment lease or sale agreements with eligible institutions or other entities. Any moneys held in such accounts may be (i) used to secure payment of principal of and interest on any Authority bonds, whether issued to finance the purchase of equipment, issued to pay administrative costs of the authority, or incurred in connection with the purchase, lease, or sale of equipment, or (ii) transferred by the Authority to be used in connection with any other program of the Authority. No funds of the Authority derived from the equipment program authorized under this section may be used in connection with the issuance or securing of indebtedness for the benefit of private institutions of higher education pursuant to Article 2 (§