2026 SESSION

INTRODUCED

26102384D

HOUSE BILL NO. 939

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact §§ 23.1-1006, 23.1-1300, 23.1-1401, 23.1-1501, 23.1-1601, 23.1-1701, 23.1-1801, 23.1-1901, 23.1-2001, 23.1-2101, 23.1-2106, 23.1-2201, 23.1-2303, 23.1-2501, 23.1-2601, 23.1-2701, and 23.1-2801 of the Code of Virginia, relating to baccalaureate public institutions of higher education; Richard Bland College; boards of visitors; membership; student representative.

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Patron—Franklin, L.V.

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Referred to Committee on Education

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Be it enacted by the General Assembly of Virginia:

1. That §§ 23.1-1006, 23.1-1300, 23.1-1401, 23.1-1501, 23.1-1601, 23.1-1701, 23.1-1801, 23.1-1901, 23.1-2001, 23.1-2101, 23.1-2106, 23.1-2201, 23.1-2303, 23.1-2501, 23.1-2601, 23.1-2701, and 23.1-2801 of the Code of Virginia are amended and reenacted as follows:

§ 23.1-1006. Management agreement; contents and scope.

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. The Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and its limitations on recoveries remain applicable to covered institutions.

I. 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.

J. 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, and 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.

K. 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.

L. 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.

§ 23.1-1300. Members of governing boards; removal; terms; nonvoting, advisory representatives; residency.

A. ~~Members~~ Except in the case of the representative of the student body on each board of visitors as set forth in this Subtitle, members appointed by the Governor to the governing boards of public institutions of higher education shall serve for terms of four years. The representative of the student body who is appointed by the Governor to each board of visitors as set forth in this Subtitle shall serve for one term of two years. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. No member appointed by the Governor to such a governing board shall serve for more than two consecutive four-year terms or, in the case of the representative of the student body, for more than one two-year term; however, a member appointed by the Governor to serve an unexpired term is eligible to serve two consecutive four-year terms or, in the case of the representative of the student body, one two-year term immediately succeeding such unexpired term. Except as otherwise provided in § 23.1-2601, all appointments are subject to confirmation by the General Assembly. Members appointed by the Governor to the governing board of a public institution of higher education shall continue to hold office until their successors have been appointed and qualified. Ex officio members shall serve a term coincident with their term of office.

B. No member appointed by the Governor to the governing board of a public institution of higher education who has served two consecutive four-year terms on such board is eligible to serve on the same board until at least four years have passed since the end of his second consecutive four-year term.

C. Notwithstanding the provisions of subsection E or any other provision of law, the Governor may remove from office for malfeasance, misfeasance, incompetence, or gross neglect of duty any member of the board of any public institution of higher education and fill the vacancy resulting from the removal.

D. The Governor shall set forth in a written public statement his reasons for removing any member pursuant to subsection C at the time the removal occurs. The Governor is the sole judge of the sufficiency of the cause for removal as set forth in subsection C.

E. If any member of the governing board of a public institution of higher education fails to attend (i) the meetings of the board for one year without sufficient cause, as determined by a majority vote of the board, or (ii) the educational programs required by § 23.1-1304 in his first two years of membership without sufficient cause, as determined by a majority vote of the board, the remaining members of the board shall record such failure in the minutes at its next meeting and notify the Governor, and the office of such member shall be vacated. No member of the board of visitors of a baccalaureate public institution of higher education or the State Board for Community Colleges who fails to attend the educational programs required by § 23.1-1304 during his first four-year term is eligible for reappointment to such board.

F. The governing board of each public institution of higher education shall adopt in its bylaws policies (i) for removing members pursuant to subsection E and (ii) referencing the Governor's power to remove members described in subsection C.

G. The governing board of each public institution of higher education and each local community college board may appoint one or more nonvoting, advisory faculty representatives to its respective board. In the case of local community college boards and boards of visitors, such representatives shall be chosen from individuals elected by the faculty or the institution's faculty senate or its equivalent. In the case of the State Board, such representatives shall be chosen from individuals elected by the Chancellor's Faculty Advisory Committee. Such representatives shall be appointed to serve (i) at least one term of at least 12 months, which shall be coterminous with the institution's fiscal year or (ii) for such terms as may be mutually agreed to by the State Board and the Chancellor's Faculty Advisory Committee, or by the local community college board or the board of visitors, and the institution's faculty senate or its equivalent.

H. ~~The~~ ~~board~~ of ~~visitors~~ of ~~any~~ ~~baccalaureate~~ ~~public~~ ~~institution~~ of ~~higher~~ ~~education~~ ~~shall~~ ~~appoint~~ ~~one~~ or ~~more~~ ~~students~~ as ~~nonvoting,~~ ~~advisory~~ ~~representatives.~~ ~~Such~~ ~~representatives~~ ~~shall~~ be ~~appointed~~ ~~under~~ ~~such~~ ~~circumstances~~ ~~and~~ ~~serve~~ ~~for~~ ~~such~~ ~~terms~~ as ~~the~~ ~~board~~ of ~~visitors~~ of ~~the~~ ~~institution~~ ~~shall~~ ~~prescribe.~~

I. Nothing in ~~subsections~~ subsection G ~~and~~ H shall prohibit the governing board of any public institution of higher education or any local community college board from excluding such nonvoting, advisory faculty or ~~student~~ representatives from discussions of faculty grievances, faculty or staff disciplinary matters or salaries, or any other matter.

J. I. The president or any one of the vice presidents of the board of visitors of Virginia Military Institute, the chairman or the vice-chairman of the State Board, and the rector or vice-rector of the governing board of each other public institution of higher education shall be a resident of the Commonwealth.

K. J. No baccalaureate public institution of higher education shall employ an individual appointed by the Governor to the board of visitors of such institution within two years of the expiration of his term. Such prohibition shall not apply to the employment of an individual to serve as an institution president or, in the case of Virginia Military Institute, the Superintendent.

§ 23.1-1401. Membership.

A. The board shall consist of 14 15 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University and at least six shall be alumni of the University.

B. The student body of the University shall submit to the Governor a list of at least three nominees for each vacancy of the representative of the student body of the University on the board, whether the vacancy occurs by expiration of a term or otherwise. The Governor shall appoint the member from the list of nominees.

§ 23.1-1501. Membership.

A. The board shall consist of 16 17 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University. At Except in the case of the member who is a representative of the student body of the University, at least one member appointed each year shall be an alumnus of the University.

C. The alumni association of the University and the board may submit to the Governor a list of at least three nominees for each vacancy on the board other than a vacancy of a representative of the student body of the University, whether the vacancy occurs by expiration of a term or otherwise. The Governor may appoint a member from the list of nominees.

§ 23.1-1601. Membership.

A. The board shall consist of 15 16 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University and at least 13 shall be residents of the Commonwealth.

§ 23.1-1701. Membership.

A. The board shall consist of 13 14 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University, at least two shall be alumni of the University, and at least 11 shall be residents of the Commonwealth.

§ 23.1-1801. Membership.

A. The board shall consist of 12 13 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University, at least nine shall be residents of the Commonwealth, and at least six shall be alumni of the University.

§ 23.1-1901. Membership; executive committee.

A. The board of visitors shall consist of 13 14 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University and at least four shall be alumni of the University. Of the alumni appointed, at least one shall be a resident of the Commonwealth.

C. The alumni association of the University may submit to the Governor a list of four nominees for each vacancy on the board other than a vacancy of a representative of the student body of the University, whether the vacancy occurs by expiration of a term or otherwise. The Governor may appoint a member from the list of nominees.

C. D. The board may appoint at least three and not more than five of its members to an executive committee that has and may exercise such powers as the board may prescribe.

§ 23.1-2001. Membership.

A. The board shall consist of 17 18 members appointed by the Governor, of whom at least (i) one shall be a representative of the student body of the University, (ii) 14 shall be residents of the Commonwealth, ~~(ii)~~ (iii) four shall be physicians or other medical or health professionals with administrative or clinical experience in an academic medical center, and ~~(iii)~~ (iv) three shall be alumni of the University.

C. The alumni association of the University may submit to the Governor a list of at least three nominees for each vacancy on the board other than a vacancy of a representative of the student body of the University, whether the vacancy occurs by expiration of a term or otherwise. The Eastern Virginia Medical School Foundation or any successor foundation may submit to the Governor a list of at least three nominees for each vacancy on the board that is required to be filled by a physician or other medical or health professional with administrative or clinical experience in an academic medical center pursuant to clause (ii) of subsection A. The Governor may appoint a member from the relevant list of nominees.

§ 23.1-2101. Membership.

A. The board shall consist of 15 16 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University and at least 11 shall be residents of the Commonwealth.

§ 23.1-2106. Membership.

A. The board shall consist of ~~nine~~ 10 members appointed by the Governor, of whom at least one shall be a representative of the student body of the College.

B. The student body of the College shall submit to the Governor a list of at least three nominees for each vacancy of the representative of the student body of the College on the board, whether the vacancy occurs by expiration of a term or otherwise. The Governor shall appoint the member from the list of nominees.

§ 23.1-2201. Membership.

A. The board shall consist of 17 18 members appointed by the Governor, of whom at least (i) one shall be a representative of the student body of the University, (ii) 12 shall be appointed from the Commonwealth at large, ~~(ii)~~ (iii) 12 shall be alumni of the University, and ~~(iii)~~ (iv) one shall be a physician with administrative and clinical experience in an academic medical center.

§ 23.1-2303. Membership.

A. The board shall consist of 16 17 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University.

C. Notwithstanding § 23.1-1300, and except in the case of the representative of the student body of the University, members are eligible to serve for a total of two four-year terms which may be served consecutively; however, a member appointed by the Governor to serve an unexpired term is eligible to serve two additional four-year terms.

§ 23.1-2501. Membership.

A. The board shall consist of 17 18 members, of whom 16 17 shall be appointed by the Governor and one shall be the Adjutant General, who shall serve as an ex officio nonvoting member. Of the 16 17 members appointed by the Governor, (i) at least one shall be a representative of the student body of the Institute; (ii) 12 shall be alumni of the Institute, of whom eight shall be residents of the Commonwealth and four shall be nonresidents,; and ~~(ii)~~ (iii) four shall be nonalumni residents of the Commonwealth.

B. The student body of the Institute shall submit to the Governor a list of at least three nominees for each vacancy of the representative of the student body of the Institute on the board, whether the vacancy occurs by expiration of a term or otherwise. The Governor shall appoint the member from the list of nominees.

C. The alumni association of the Institute may submit to the Governor a list of not more than three nominees for each vacancy on the board other than a vacancy of a representative of the student body of the Institute, whether the vacancy occurs by expiration of a term or otherwise. The Governor may appoint a member from the list of nominees.

§ 23.1-2601. Membership.

A. The board shall consist of 14 15 members, of whom 13 14 shall be appointed by the Governor and one shall be the president of the Board of Agriculture and Consumer Services, who shall serve ex officio. Of the 13 14 members appointed by the Governor, at least one member shall be a representative of the student body of the University, at least 10 members shall be residents of the Commonwealth, and at least six members shall be alumni of the University. All appointments by the Governor are subject to confirmation by the Senate.

C. The alumni association of the University may submit to the Governor a list of three nominees for each vacancy on the board other than a vacancy of a representative of the student body of the University, whether it occurs by expired term or otherwise. The Governor may appoint a member from the list of nominees.

§ 23.1-2701. Membership.

A. The board shall consist of 15 16 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University, at least three shall be alumni of the University, and at least 10 shall be residents of the Commonwealth.

C. The alumni association of the University may submit to the Governor a list of three nominees for each vacancy on the board other than a vacancy of a representative of the student body of the University, whether the vacancy occurs by expiration of a term or otherwise. The Governor may appoint a member from the list of nominees.

§ 23.1-2801. Membership.

A. The board shall consist of 17 18 members appointed by the Governor, of whom at least one shall be a representative of the student body of the University and at least 13 shall be residents of the Commonwealth.

C. The alumni association of the university may submit to the Governor a list of at least three nominees for each vacancy on the board other than a vacancy of a representative of the student body of the University, whether the vacancy occurs by expiration of a term or otherwise. The Governor may appoint a member from the list of nominees.