2026 SESSION
SENATE SUBSTITUTE
26107584D
SENATE BILL NO. 494
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on February 12, 2026)
(Patrons Prior to Substitute—Senators Deeds and Surovell [SB 381])
A BILL to amend and reenact §§ 23.1-1300, 23.1-1303, 23.1-1304, and 23.1-2303 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered § 23.1-1303.1, relating to public institutions of higher education; governing boards; powers and duties relating to legal counsel; membership appointment, terms, and composition; duties relating to shared governance; requirements; work group.
Be it enacted by the General Assembly of Virginia:
1. That §§ 23.1-1300, 23.1-1303, 23.1-1304, and 23.1-2303 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 23.1-1303.1 as follows:
§ 23.1-1300. Members of governing boards; removal; terms; faculty, staff, and student representatives; residency.
A. Members appointed by the Governor to the governing boards of public institutions of higher education shall serve for terms of four six 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 one six-year term until at least two years have passed since the end of such six-year term; however, a member appointed by the Governor to serve an unexpired term is eligible to serve two consecutive four-year terms one six-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. As a part of the confirmation process, the Senate and House Committees on Privileges and Elections shall meet as soon as practicable upon receiving from the Secretary of the Commonwealth copies of the resume and statement of economic interests for each gubernatorial appointee pursuant to subsection A of § 2.2-107 to begin considering such appointees for confirmation. The appointment of each member appointed by the Governor shall be effective upon approval by the Senate and House Committees on Privileges and Elections provided, however, that no gubernatorial appointee shall assume a position on a governing board except upon 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 one six-year term on such board is eligible to serve on the same board until at least four two years have passed since the end of his second consecutive four-year first six-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 six-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 baccalaureate public institution of higher education and each local community college board may shall appoint one or more nonvoting, advisory faculty representatives representative and one nonvoting, advisory staff representative to its respective board. In the case of local community college boards and boards of visitors, such representatives, each of whom shall be chosen from individuals (i) elected (a) in the case of the faculty representative, by the majority of the institution's 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 and (b) in the case of the staff representative, by the majority of the institution's staff and (ii) appointed to serve (i) (a) at least one term of at least 12 months, which shall be coterminous with the institution's fiscal year or (ii) (b) 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. Any vacancy of such a nonvoting, advisory representative shall be filled in the same manner as the original selection, whether the vacancy occurs by expiration of a term or otherwise. The State Board may appoint one or more nonvoting, advisory faculty representatives to its board from a list of individuals elected by the Chancellor's Faculty Advisory Committee. Any such representatives appointed by the State Board shall be appointed to serve for such terms as may be mutually agreed to by the State Board and the Chancellor's Faculty Advisory Committee.
H. The governing board of visitors of any each baccalaureate public institution of higher education shall appoint to its respective board one or more students as nonvoting, advisory representatives student representative, to be selected from a list of individuals nominated by such institution's student government or an equivalent student governance organization or body. Such representatives student representative 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 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. 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. 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.
L. Unless otherwise specially provided by law or unless the bylaws of the applicable governing board require more than a quorum for certain action, (i) the governing board of any baccalaureate public institution of higher education may exercise any of the powers conferred upon it pursuant to this subtitle at any meeting of the governing board, regular, special, or adjourned, at which a quorum is present and (ii) the executive committee of a governing board appointed pursuant to § 23.1-1306 may exercise any of the powers conferred upon it pursuant to this subtitle only at any meeting of the executive committee (a) convened during a recess of the full governing board and (b) at which a quorum of the executive committee is present. A majority of the members of the governing board and a majority of the members of any such executive committee shall constitute a quorum of the respective board, except as otherwise provided pursuant to applicable law.
§ 23.1-1303. Governing boards; duties.
A. For purposes of this section, "intellectual property" means (i) a potentially patentable machine, article of manufacture, composition of matter, process, or improvement in any of those; (ii) an issued patent; (iii) a legal right that inheres in a patent; or (iv) anything that is copyrightable.
B. The governing board of each public institution of higher education shall:
1. Adopt and post conspicuously on its website bylaws for its own governance, including provisions that (i) establish the requirement of transparency, to the extent required by law, in all board actions; (ii) describe the board's obligations under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), as set forth in subdivision B 10 of § 23.1-1301, including the requirements that (a) the board record minutes of each open meeting and post the minutes on the board's website, in accordance with subsection I of § 2.2-3707 and § 2.2-3707.1, (b) discussions and actions on any topic not specifically exempted by § 2.2-3711 be held in an open meeting, (c) the board give public notice of all meetings, in accordance with subsection D of § 2.2-3707, and (d) any action taken in a closed meeting be approved in an open meeting before it can have any force or effect, in accordance with subsection B of § 2.2-3711; and (iii) require that the board invite the Attorney General's appointee or representative to all meetings of the board, executive committee, and board committees;
2. Establish and maintain on the institution's website (i) a listing of all board members, including the name of the Governor who made each appointment and the date of each appointment; (ii) a listing of all committees created by the board and the membership of each committee; (iii) a schedule of all upcoming meetings of the full board and its committees and instructions for the public to access such meetings; (iv) an archive of agendas and supporting materials for each meeting of the governing board and its committees that was held; and (v) an email address or email addresses that allow board members to receive public communications pertaining to board business;
3. Establish regulations or institution policies for the acceptance and assistance of students that include provisions (i) that specify that individuals who have knowingly and willfully failed to meet the federal requirement to register for the selective service are not eligible to receive any state direct student assistance, (ii) that specify that the accreditation status of a public high school in the Commonwealth shall not be considered in making admissions determinations for students who have earned a diploma pursuant to the requirements established by the Board of Education, and (iii) relating to the admission of certain graduates of comprehensive community colleges as set forth in § 23.1-907;
4. Assist the Council in enforcing the provisions relating to eligibility for financial aid;
5. Notwithstanding any other provision of state law, establish policies and procedures requiring the notification of the parent of a dependent student when such student receives mental health treatment at the institution's student health or counseling center and such treatment becomes part of the student's educational record in accordance with the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.) and may be disclosed without prior consent as authorized by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and related regulations (34 C.F.R. Part 99). Such notification shall only be required if it is determined that there exists a substantial likelihood that, as a result of mental illness the student will, in the near future, (i) cause serious physical harm to himself or others as evidenced by recent behavior or any other relevant information or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs. However, notification may be withheld if any person licensed to diagnose and treat mental, emotional, or behavioral disorders by a health regulatory board within the Department of Health Professions who is treating the student has made a part of the student's record a written statement that, in the exercise of his professional judgment, the notification would be reasonably likely to cause substantial harm to the student or another person. No public institution of higher education or employee of a public institution of higher education making a disclosure pursuant to this subsection is civilly liable for any harm resulting from such disclosure unless such disclosure constitutes gross negligence or willful misconduct by the institution or its employees;
6. Establish policies and procedures requiring the release of the educational record of a dependent student, as defined by the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), to a parent at his request;
7. Establish programs to seek to ensure that all graduates have the technology skills necessary to compete in the twenty-first century and that all students matriculating in teacher-training programs receive instruction in the effective use of educational technology;
8. Establish policies for the discipline of students who participate in varsity intercollegiate athletics, including a provision requiring an annual report by the administration of the institution to the governing board regarding enforcement actions taken pursuant to such policies;
9. In addition to all meetings prescribed in Chapters 14 (§ 23.1-1400 et seq.) through 29 (§ 23.1-2900 et seq.), meet with the chief executive officer of the institution at least once annually, in a closed meeting pursuant to subdivision A 1 of § 2.2-3711 and deliver an evaluation of the chief executive officer's performance. Any change to the chief executive officer's employment contract during any such meeting or any other meeting of the board shall be made only by a vote of the majority of the board's members;
10. If human research, as defined in § 32.1-162.16, is conducted at the institution, adopt regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research. Such regulations shall require the human research committee to submit to the Governor, the General Assembly, and the chief executive officer of the institution or his designee at least annually a report on the human research projects reviewed and approved by the committee and require the committee to report any significant deviations from approved proposals;
11. Submit and make publicly available on the institution's website the annual financial statements for the fiscal year ending the preceding June 30 and the accounts and status of any ongoing capital projects to the Auditor of Public Accounts for the audit of such statements pursuant to § 30-133;
12. No later than December 1 of each year, report to the Council and make publicly available on the institution's website (i) the value of investments as reflected on the Statement of Net Position as of June 30 of the previous fiscal year, excluding any funds derived from endowment donations, endowment income, or other private philanthropy; (ii) the cash earnings on such balances in the previous fiscal year; and (iii) the use of the cash earnings on such balances. In the event that the commitment of any such investment earnings spans more than one fiscal year, the report shall reflect the commitments made in each future fiscal year. The reports of the Boards of Visitors of Virginia Commonwealth University and the University of Virginia shall exclude the value of and earnings on any investments held by the Virginia Commonwealth University Health System Authority and the University of Virginia Medical Center, respectively. As used in this subdivision, "investments" includes all short-term, long-term, liquid, and illiquid Statement of Net Position accounts, and subaccounts thereof, in which moneys have been invested in securities;
13. Submit to the General Assembly and the Governor and make publicly available on the institution's website an annual executive summary of its interim activity and work no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted 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;
14. Make available to any interested party upon request a copy of the portion of the most recent report of the Uniform Crime Reporting Section of the Department of State Police entitled "Crime in Virginia" pertaining to institutions of higher education;
15. Adopt policies or institution regulations regarding the ownership, protection, assignment, and use of intellectual property and provide a copy of such policies or institution regulations to the Governor and the Joint Commission on Technology and Science. All employees, including student employees, of public institutions of higher education are bound by the intellectual property policies or institution regulations of the institution employing them;
16. Adopt policies that are supportive of the intellectual property rights of matriculated students who are not employed by such institution; and
17. Solicit the input of representatives of the institution's faculty senate or its equivalent (i) at least twice per academic year on topics of general interest to the faculty and (ii) in advance of decisions to be made on the search for the institution's new Adopt policies defining and implementing shared governance among the components of such institution's organizational structure, including the governing board, chief executive officer, and the faculty, staff, and students of such institution.
§ 23.1-1303.1. Governing boards; primary duties; additional duties; academic freedom.
A. As used in this section, "partisan objective" means any objective or goal directly relating to (i) an ideology or platform of a political party, political candidate, or individual elected to a partisan public office, as that term is defined in § 30-391; (ii) a political party; (iii) a political candidate or political campaign; or (iv) an individual holding an elective partisan public office. "Partisan objective" does not include any action or decision that is not intentionally aimed at or motivated by advancing or promoting any partisan objective but incidentally or unintentionally has the effect of advancing or promoting a partisan objective.
B. The governing board of each public institution of higher education shall act at all times in accordance with its primary duties of advancing the interests of the institution and the interests of the people of the Commonwealth.
C. The governing board of each public institution of higher education shall not:
1. Adopt any campus policies or make any decisions that would (i) have the primary effect of restricting or censoring expression on the basis of viewpoint or (ii) otherwise restrict or censor expression for the purpose of ideological correction or conformity or advancing or promoting any partisan objective; or
2. Restrict or censor any professor in his exercise of his rights of free speech or academic freedom pursuant to the First Amendment to the Constitution of the United States and Article I, Section 12 of the Constitution of Virginia, including by taking or threatening to take any disciplinary action against any professor, including removal from his position at the institution, for exercising such rights.
§ 23.1-1304. Governing boards; additional duties; educational programs.
A. From such funds as are appropriated for such purpose, the Council shall develop, in consultation with public institutions of higher education and members of their governing boards, and annually deliver educational programs for the governing boards of such institutions. The Council shall not enter into a contract for or otherwise outsource the development or delivery of any educational program for or training of the members of governing boards by any organization or entity that (i) has not had as its primary mission for at least 10 years or (ii) cannot satisfactorily demonstrate a consistent, unbroken organizational commitment to the primary mission of the preparation of members of governing boards of postsecondary institutions and foundations to fulfill their duties and trusteeship responsibilities. New members of such governing boards shall participate, at least once during their first two years of membership, in the programs, which shall be designed to address the role, duties, and responsibilities of the governing boards and may include in-service programs on current issues in higher education. In developing such programs, the Council may consider similar educational programs for institutional governing boards in other states. In addition, the Council shall develop educational materials for board members with more than two years of service on the governing board. Each such board member shall participate in further training on board governance at least once every two years, and the Council shall develop criteria by which such board members shall demonstrate compliance with this requirement.
B. Educational programs for the governing boards of public institutions of higher education shall include presentations relating to:
1. Board members' primary duty to the citizens of the Commonwealth;
2. Governing board committee structure and function;
3. The duties of the executive committee set forth in § 23.1-1306;
4. Professional accounting and reporting standards;
5. Methods for meeting the statutory, regulatory, and fiduciary obligations of the board;
6. The requirements of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), developed and delivered in conjunction with the Freedom of Information Advisory Council;
7. Institutional ethics and conflicts of interest;
8. Creating and implementing regulations and institution policies;
9. Business operations, administration, budgeting, financing, financial reporting, and financial reserves, including a segment on endowment management;
10. Fixing student tuition, mandatory fees, and other necessary charges, including a review of student debt trends;
11. Overseeing planning, construction, maintenance, expansion, and renovation projects that affect the institution's consolidated infrastructure, physical facilities, and natural environment, including its lands, improvements, and capital equipment;
12. Workforce planning, strategy, and investment;
13. Institutional advancement, including philanthropic giving, fundraising initiatives, alumni programming, communications and media, government and public relations, and community affairs;
14. Student welfare issues, including academic studies; curriculum; residence life; student governance and activities; and the general physical and psychological well-being of undergraduate and graduate students;
15. Current national and state issues in higher education;
16. Future national and state issues in higher education;
17. Relations between the governing board and the chief executive officer of the institution, including perspectives from chief executive officers of public institutions of higher education;
18. Best practices for board governance, including perspectives from current board members; and
19. Any other topics that the Council, public institutions of higher education, and members of their governing boards deem necessary or appropriate.
C. The Council shall submit to the General Assembly and the Governor an annual executive summary of the interim activity and work of the Council pursuant to this section no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted 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.
§ 23.1-2303. Membership.
A. The board shall consist of 16 members appointed by the Governor.
B. Notwithstanding Pursuant to § 23.1-1300, members are shall not be eligible to serve for a total of two four-year terms which may be served consecutively more than one six-year term until at least two years have passed since the end of such six-year term; however, a member appointed by the Governor to serve an unexpired term is eligible to serve two one additional four-year terms six-year term immediately succeeding such unexpired term.
2. That any person serving on the governing board of each public institution of higher education pursuant to § 23.1-1300 of the Code of Virginia for a term that began prior to or on the effective date of this act shall continue to serve for the remainder of the term to which he was appointed.
3. That the Governor's appointments of members to the governing board of Richard Bland College pursuant to § 23.1-2106 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members, of whom one member shall be appointed for a term of five years, to expire on June 30, 2032, and two members shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint three members, of whom two members shall be appointed for a term of four years, to expire on June 30, 2032, and one member shall be appointed for a term of two years, to expire on June 30, 2030; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint three members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
4. That the Governor's appointments of members to the governing board of the University of Mary Washington pursuant to § 23.1-1801 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members, of whom two members shall be appointed for a term of five years, to expire on June 30, 2032, and one member shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint three members, of whom one member shall be appointed for a term of six years, to expire on June 30, 2034, and two members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint three members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
5. That the Governor's appointments of members to the governing board of Longwood University pursuant to § 23.1-1701 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members, of whom two members shall be appointed for a term of five years, to expire on June 30, 2032, and one member shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint three members, of whom one member shall be appointed for a term of six years, to expire on June 30, 2034, and two members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint four members, of whom three shall be appointed for a term of five years, to expire on June 30, 2034, and one member shall be appointed for a term of three years, to expire on June 30, 2032. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
6. That the Governor's appointments of members to the governing board of Norfolk State University pursuant to § 23.1-1901 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members for a term of five years, to expire on June 30, 2032; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint two members, of whom one member shall be appointed for a term of six years, to expire on June 30, 2034, and one member shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint three members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
7. That the Governor's appointments of members to the governing board of Virginia Polytechnic Institute and State University pursuant to § 23.1-2601 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members for a term of five years, to expire on June 30, 2032; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint four members, of whom two members shall be appointed for a term of six years, to expire on June 30, 2034, and two members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint two members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
8. That the Governor's appointments of members to the governing board of Christopher Newport University pursuant to § 23.1-1401 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members for a term of five years, to expire on June 30, 2032; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint three members, of whom two members shall be appointed for a term of six years, to expire on June 30, 2034, and one member shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint three members, of whom two members shall be appointed for a term of five years, to expire on June 30, 2034, and one member shall be appointed for a term of three years, to expire on June 30, 2032. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
9. That the Governor's appointments of members to the governing board of James Madison University pursuant to § 23.1-1601 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint five members for a term of five years, to expire on June 30, 2032, and (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint five members for a term of six years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
10. That the Governor's appointments of members to the governing board of Radford University pursuant to § 23.1-2101 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members, of whom two members shall be appointed for a term of five years, to expire on June 30, 2032, and one member shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint five members, of whom two members shall be appointed for a term of six years, to expire on June 30, 2034, and three members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint three members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
11. That the Governor's appointments of members to the governing board of Virginia State University pursuant to § 23.1-2701 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint three members for a term of five years, to expire on June 30, 2032; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint five members, of whom three members shall be appointed for a term of six years, to expire on June 30, 2034, and two members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint two members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
12. That the Governor's appointments of members to the governing board of George Mason University pursuant to § 23.1-1501 of the Code of Virginia, the governing board of Virginia Commonwealth University pursuant to § 23.1-2303 of the Code of Virginia, and the governing board of the Virginia Military Institute pursuant to § 23.1-2501 of the Code of Virginia, for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint four members, of whom three members shall be appointed for a term of five years, to expire on June 30, 2032, and one member shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint four members, of whom one member shall be appointed for a term of six years, to expire on June 30, 2034, and three members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint four members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
13. That the Governor's appointments of members to the governing board of Old Dominion University pursuant to § 23.1-2001 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint four members, of whom three members shall be appointed for a term of five years, to expire on June 30, 2032, and one member shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint four members, of whom one member shall be appointed for a term of six years, to expire on June 30, 2034, and three members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint four members for a term of five years, to expire on June 30, 2034. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
14. That the Governor's appointments of members to the governing board of the University of Virginia pursuant to § 23.1-2201 of the Code of Virginia and to the governing board of The College of William and Mary in Virginia pursuant to § 23.1-2801 of the Code of Virginia for terms beginning after the effective date of this act shall be staggered as follows: (i) upon the expiration of terms set to expire on June 30, 2027, the Governor shall appoint four members, of whom two members shall be appointed for a term of five years, to expire on June 30, 2032, and two members shall be appointed for a term of three years, to expire on June 30, 2030; (ii) upon the expiration of terms set to expire on June 30, 2028, the Governor shall appoint five members, of whom two members shall be appointed for a term of six years, to expire on June 30, 2034, and three members shall be appointed for a term of four years, to expire on June 30, 2032; and (iii) upon the expiration of terms set to expire on June 30, 2029, the Governor shall appoint four members, of whom three members shall be appointed for a term of five years, to expire on June 30, 2034, and one member shall be appointed for a term of three years, to expire on June 30, 2032. After such staggering of terms, members shall be appointed by the Governor for terms of six years in accordance with § 23.1-1300 of the Code of Virginia, as amended by this act.
15. That the State Council of Higher Education for Virginia (the Council) shall convene a work group consisting of members of governing boards of public institutions of higher education, administrators of public institutions of higher education, and members of faculty, staff, and student governance bodies or organizations at public institutions of higher education, for the purpose of developing model shared governance policies in accordance with subdivision of B 17 of § 23.1-1303 of the Code of Virginia, as amended by the first enactment of this act. Such model shared governance policies shall include provisions relating to the establishment, membership, and roles of elected faculty governance bodies for institutions of higher education. The Council shall make the model shared governance policies developed pursuant to this enactment available to the governing board of each public institution of higher education by January 1, 2027.
16. That the State Council of Higher Education for Virginia (the Council) shall convene a work group consisting of members of governing boards of public institutions of higher education and administrators of public institutions of higher education for the purpose of studying and making recommendations on (i) a process by which (a) the governing board of any public institution of higher education, the Governor, or the General Assembly or a committee thereof with relevant oversight responsibility, upon determining that the Office of General Counsel or other legal counsel of a public institution of higher education is not acting in the best interests of the institution, including due to a conflict of interest, failure to defend the lawful authority of the institution, or failure to comply with state law, may request the Attorney General to review the adequacy of such legal representation and (b) upon a determination by the Attorney General or the General Assembly or a committee thereof that such institution is not receiving adequate legal representation, the governing board may request additional representation or approve alternate counsel as necessary to protect the interests of the institution, and (ii) policies for requiring any individual member of a governing board to recuse himself from or not participate in any vote or decision of the governing board on any matter in which he has a personal or pecuniary interest or any partisan or ideological interest that would compromise his ability to vote or act objectively and in accordance with the primary duties set forth in subsection B of § 23.1-1303.1 of the Code of Virginia, as created by this act. The Council shall submit to the Chairs of the Senate Committee on Education and Health and the House Committee on Education by November 1, 2026, a report on the work group's recommendations made pursuant this enactment.