2026 SESSION
HOUSE SUBSTITUTE
26108796D
SENATE BILL NO. 494
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on ________________)
(Patrons Prior to Substitute—Senators Deeds and Surovell [SB 381])
A BILL to amend and reenact §§ 2.2-105, 2.2-108, 2.2-2519, 23.1-100, 23.1-1006, 23.1-1300, 23.1-1304, and 23.1-2601 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-1303.1, relating to gubernatorial appointments; confirmation process; Virginia Commission on Higher Education Board Appointments; membership, duties, and committees of and legal counsel for governing boards of public institutions of higher education.
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-105, 2.2-108, 2.2-2519, 23.1-100, 23.1-1006, 23.1-1300, 23.1-1304, and 23.1-2601 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:
§ 2.2-105. Appointments to office; effect of refusal to confirm by the General Assembly.
No person appointed to any office by the Governor, whose appointment is subject to confirmation by the General Assembly, shall enter upon, or continue in, office after the General Assembly has refused to confirm his appointment. Nor shall such person be eligible for reappointment during the recess of the General Assembly to fill the vacancy caused by the refusal to confirm. Whenever the House or Senate Committee on Privileges and Elections or a subcommittee thereof, or other standing committee made responsible for confirming gubernatorial appointments by the rules of the applicable house, votes to reject an appointment by the Governor by a majority vote in accordance with the rules of its house, such rejection shall be deemed a refusal of the General Assembly to confirm such appointment for purposes of Article V, Section 11 of the Constitution of Virginia and this section.
§ 2.2-108. Removal of members of certain boards, commissions, etc.
A. Notwithstanding any provision of law to the contrary, the Governor may remove from office for malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, failure to carry out the policies of the Commonwealth as established in the Constitution or by the General Assembly, or refusal to carry out a lawful directive of the Governor any member of any board, commission, council or other collegial body established by the General Assembly in the executive branch of state government except those boards provided for in subsection C D of § 23.1-1300, subsection A of § 23.1-3100, and subsection A of § 23.1-3200 and fill the vacancy resulting from the removal subject to confirmation by the General Assembly.
B. The Governor shall set forth in a written public statement his reasons for removing any member pursuant to this section at the time the removal occurs. The Governor is the sole judge of the sufficiency of the cause for removal as set forth in this section.
§ 2.2-2519. Membership; quorum.
The Commission shall have a total membership consist of eight at least six but no more than 15 nonlegislative citizen members that shall consist of six nonlegislative citizen members and two ex officio members. Nonlegislative citizen members shall be appointed by the Governor as follows: two who shall be former members of either at least one former member of the board of visitors of a public institution of higher education or; at least one former member of the State Board for Community Colleges; at least one who shall be either a former president, provost, or executive vice-president of a public institution of higher education; at least one who shall be a faculty member of a public institution of higher education; and at least two who shall be citizens at large. The Secretary of Education or his designee and the Secretary of the Commonwealth or his designee shall serve as ex officio members of the Commission with nonvoting privileges. The nonlegislative citizen member appointed who is a faculty member of a public institution of higher education shall serve without voting privileges. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth. Three A majority of the voting members of the Commission shall constitute a quorum.
Nonlegislative citizen members shall serve at the pleasure of the Governor, and ex officio members of the Commission shall serve terms coincident with their terms of office.
§ 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.
"Dual enrollment" means the enrollment of a qualified high school student in a postsecondary course that is creditable toward high school completion and a career certificate or an associate or baccalaureate degree at a public institution of higher education. "Dual enrollment" does not include the enrollment of a qualified high school student in a postsecondary course that is not creditable toward high school completion.
"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.
"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.
"Political candidate" means any person who has made known an intention to seek or campaign for local or state office in a general, primary, or special election.
"Political party" means any party, organization, or group having as its purpose the promotion of political candidates or political campaigns.
"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.
§ 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 H, H I, and I J 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; faculty, staff, and student members; residency.
A. Members appointed by the Governor to the governing boards of public institutions of higher education shall serve for terms of four 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; however, a member appointed by the Governor to serve an unexpired term is eligible to serve two consecutive four-year terms immediately succeeding such unexpired term. Except as otherwise provided in § 23.1-2601, all All appointments are subject to confirmation by the General Assembly and shall be made in accordance with the following requirements:
1. 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. confirmed by the General Assembly; and
2. When a vacancy occurs by reason of the death, resignation, or removal of a member or by any reason other than by expiration of term at any point during which the General Assembly is not convened in a regular session:
a. The Governor shall, within 30 days of the death, resignation, or removal of the member or the occurrence of the vacancy, nominate another individual for appointment to the governing board of the applicable public institution of higher education;
b. If the nomination to fill such vacancy occurs at any point when the General Assembly is not in a regular or special session or otherwise fails to take action on such nomination within 30 days of receiving notice of any such nomination, the person so nominated shall be deemed eligible to take the oath of office and be counted toward the quorum, and his appointment shall be subject to confirmation by the General Assembly at its next regular session, upon which such individual shall be confirmed or rejected by the General Assembly in accordance with the provisions of subdivision 1; and
c. If the nomination to fill such vacancy occurs while the General Assembly is convened in a special session and operating under a procedural resolution for such, the Senate Committee on Privileges and Elections or the House Committee on Privileges and Elections shall meet within 30 days of the Governor making a nomination to fill a vacancy to take action on such nomination. If either committee or a subcommittee thereof fails to take any action on the appointment by the end of such 30-day period, the person so nominated shall be deemed eligible to take the oath of office and be counted toward the quorum, provided that his appointment shall be subject to confirmation by the General Assembly at its next regular session, at which time such individual shall be confirmed or rejected by the General Assembly. If either committee or a subcommittee thereof holds a provisional vote on such nominee and votes to reject such nomination by a majority vote of such body in accordance with the rules of its house before the end of such 30-day period, such rejection shall be deemed a refusal of the General Assembly to confirm such appointment pursuant to § 2.2-105. The Governor may, upon any such majority vote to reject a nomination to fill a vacancy, elect to nominate a new individual to fill such vacancy. Any new individual nominated by the Governor after withdrawal of a provisionally rejected nominee may also be provisionally rejected by a majority vote of the members on either committee in accordance with the provisions of this subdivision.
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. Each member appointed by the Governor to the governing board of a public institution of higher education shall, as a part of his oath of office, certify that he shall comply with (i) the duties and principles of trusteeship set forth in applicable law, including the duties required pursuant to § 23.1-1303.1 and (ii) the conflict of interest standards developed by the Council.
D. Notwithstanding the provisions of subsection E F 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. E. The Governor shall set forth in a written public statement his reasons for removing any member pursuant to subsection C D 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 D.
E. F. 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. G. The governing board of each public institution of higher education shall adopt in its bylaws policies (i) for removing members pursuant to subsection E F and (ii) referencing the Governor's power to remove members described in subsection C D.
G. H. 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. I. 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. J. Nothing in subsections G and H and I 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. K. 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. L. 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.
M. 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 at which a quorum is present and that is convened during a recess of the full governing board subsequent to a meeting at which a quorum of the full governing board was present. The executive committee shall act at all times in accordance with the primary duties of the governing board as set forth in subsection A of § 23.1-1303.1 during any such meeting. The full governing board shall be notified of all actions taken by the executive committee during any such meeting and shall determine whether to confirm or ratify each such action that requires confirmation or ratification at the next meeting of the full governing board.
N. A majority of the members of the governing board and a majority of the members of any executive committee described in subsection M shall constitute a quorum of the board or committee, respectively, except as otherwise provided pursuant to applicable law.
§ 23.1-1303.1. Governing boards; additional duties; primary duties; partnership and collaboration.
A. 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.
B. In accordance with the primary duties set forth in subsection A, the governing board of each public institution of higher education shall:
1. Exercise in its collective capacity its best judgment in carrying out the powers and duties of the governing board;
2. Ensure that in making any decisions or policy relating to institutional governance and in carrying out any other powers and duties of the governing board, the mission of the institution is used as the guiding principle and any ideological, partisan, or personal aims that are inconsistent with that mission are rejected;
3. Commit to and ensure that all decisions of the governing board reflect the primary institutional objectives of:
a. The advancement of the long-term sustainability of the institution;
b. The promotion of public trust in the institution; and
c. The advancement of the public good through providing higher education to the residents of the Commonwealth and others, supporting and advancing knowledge, research, innovation, and academic pursuits in the Commonwealth, and supporting the development of an educated, responsible citizenry capable of contributing to the progress of society;
4. Not make any decision or exercise any of the powers and duties of the governing board (i) for the purpose of advancing or promoting a partisan objective or (ii) primarily in accordance with or primarily motivated by loyalty to a political party, political candidate, or individual holding elective partisan public office, in violation of the primary duties set forth in subsection A; and
5. Collaborate with institutional leadership and administration in a manner that facilitates mutual respect and emphasizes shared purpose in advancing institutional goals and promoting the mission and long-term success of the institution.
C. In accordance with the primary duties set forth in subsection A, each member of the governing board of each public institution of higher education, in his individual capacity, shall:
1. Ensure that, for the duration of his term, such individual is equipped to engage in high-level policy, planning, and oversight, including by (i) staying informed of such institution's developments and such other matters relevant to making educated decisions on institutional policy, planning, and oversight, and (ii) participating in the educational programs developed pursuant to § 23.1-1304;
2. Exercise his own individual best judgement in carrying out the powers and duties of the governing board;
3. Ensure that, in serving as a member of the governing board, he (i) acts as a part of a collective body and not as an individual actor with separate ideological, personal, or partisan objectives and (ii) collaborates with other members of the governing board as a strategic partner in advancing the mission of the institution and the primary institutional objectives set forth in subdivision B 3;
4. Encourage open discussion and respectful disagreement in discussions of the governing board but commit to publicly supporting and encouraging unified commitment to final decisions of the governing board; and
5. Not use his individual role to:
a. Advance or promote any ideological, personal, or partisan objective;
b. Influence or attempt to influence or hinder or attempt to hinder any decision, policy, or position of the governing board, institutional leadership, or any other entity for the primary purpose of advancing or promoting any partisan objective; or
c. Act or make a decision primarily in accordance with or primarily motivated by loyalty to a political party, political candidate, or individual holding elective partisan public office, in violation of the primary duties set forth in subsection A.
D. Nothing in this section shall be construed to prohibit or preclude any action or decision of any member of the governing board that incidentally or unintentionally impacts or has the effect of advancing or promoting any partisan objective.
§ 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. 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 duties in accordance with subsection B of § 23.1-1303 and subsections B and C of § 23.1-1303.1, which shall include training and information on:
a. The duty of each governing board to ensure that no decision or action of the governing board is (i) made primarily for the purpose of advancing or promoting a partisan objective or (ii) motivated primarily by loyalty to or the influence of any political party, political candidate, or individual holding elective partisan public office;
b. The duty of each member of a governing board, in his individual capacity, not to use his individual role to (i) advance or promote any ideological, personal, or partisan objectives; (ii) influence or attempt to influence or hinder or attempt to hinder any decision or policy of the governing board or institutional leadership for the primary purpose of advancing or promoting any partisan objective; or (iii) otherwise prioritize or serve, in violation of the primary duties set forth in subsection A of § 23.1-1303.1, loyalty to any political party, political candidate, or individual holding elective partisan public office; and
c. The exercise of independent judgment and avoiding, in the exercise of the powers and duties of governing, improper influence by any partisan objective, political party, political campaign, or individual holding elective partisan public office;
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.
§ 23.1-2601. Membership.
A. The board shall consist of 14 members, of whom 13 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 members appointed by the Governor, 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.
B. The alumni association of the University may submit to the Governor a list of three nominees for each vacancy on the board, whether it occurs by expired term or otherwise. The Governor may appoint a member from the list of nominees.
2. That the Office of the Attorney General shall convene a work group to examine the feasibility of requiring the governing board of each public institution of higher education in the Commonwealth to be responsible for all decisions relating to the employment of legal counsel for such institution. Such work group shall reports its findings and recommendations to the Chairs 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 November 1, 2026.