General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Educational Institutions

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Educational Institutions

Passed

P HB1704

Higher education; reports of expenditures of state funds. Directs the governing body of each public institution of higher education to provide the State Council of Higher Education annual data indicating the apportionment and amounts of its expenditures by category, including academic costs, administration, research, and public service, as defined by the State Council. The State Council must then compile and submit a report of such data annually to the Governor and the General Assembly.
Patron - Purkey

P HB1868

Senior Citizens Higher Education Act; emergency. Removes from the definition of "senior citizen" the reference to the income restriction and restores seniors' right to audit courses and take noncredit courses without charge regardless of income. During the 2002 Session, the $15,000 income restriction was increased from $10,000 to $15,000; however, the income restriction was erroneously added to the definition. This provision includes an emergency clause and will be in force from the date of its passage.
Patron - O'Bannon

P HB2285

Authorization to transfer interest in patents and copyrights owned by institutions of higher education. Authorizes institutions of higher education to transfer intellectual property in which it has an interest to a private entity without the Governor's approval if (i) the interest was developed without the use of federal funds, (ii) the private entity makes a clear and convincing case to the relevant board that its ownership of the interest is critical to its ability to commercialize that interest, and (iii) the institution receives, at a minimum, compensation equal to the anticipated revenue stream of licensing the interest.
Patron - Devolites

P HB2339

In-state tuition for aliens. Provides that an alien who is unlawfully present in the United States, and therefore ineligible to establish domicile pursuant to § 23-7.4, shall not be eligible on the basis of residency within Virginia for any post-secondary educational benefit, including in-state tuition, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents.
Patron - Drake

P HB2364

Student representative; State Council of Higher Education. Directs the State Council of Higher education to appoint a student advisory committee comprised of students enrolled in public institutions of higher education in the Commonwealth. Appointments must be made in a manner to ensure broad student representation from among the public institutions. Appointments will be for a term of one year each, except that appointments to fill vacancies will be for the unexpired term. Members may be reappointed to serve subsequent or consecutive terms. The State Councill must ensure that at least one member of the student advisory committee is reappointed each year. The student advisory committee initially appointed in 2003 will elect a chairman from among its members. In subsequent years, the advisory committee must elect a chairman from among members who have already served at least one year. The student advisory committee will meet at least twice annually and will advise the State Council of Higher Education regarding such matters as may come before the advisory committee.
Patron - Dillard

P HB2489

State Council of Higher Education. Directs the State Council of Higher Education to review the proposed closure of any academic program in a high demand or critical shortage area, as defined by the Council, by any public institution of higher education and assist in the development of an orderly closure plan.
Patron - Tata

P HB2638

Norfolk State University. Changes the appointment date for members of the board of visitors from January 31 to June 30 of any year in which the relevant term expires.
Patron - Spruill

P HB2678

State Council of Higher Education; appointment of members. Beginning July 1, 2003, provides for the Joint Rules Committee to appoint five of the 11 members of the State Council of Higher Education, and for the Governor to appoint six members. Initial appointments to be made by the Governor and the Joint Rules Committee under the bill are as follows: (i) for the two appointments expiring on June 30, 2003, the Governor shall appoint one member and the Joint Rules Committee shall appoint one member; (ii) for the three appointments expiring June 30, 2004, the Governor shall appoint two members and the Joint Rules Committee shall appoint one member; and (iii) for the three appointments expiring June 30, 2005, the Joint Rules Committee shall appoint three members. Three members shall be appointed by the Governor in 2006. Appointments made by the Joint Rules Committee shall be from a list or lists of persons recommended by the Senate Committees on Finance and Education and Health, and the House Committees on Appropriations and Education. Current law provides for the Governor to make all appointments to the State Council of Higher Education. This bill is identical to SB 1255.
Patron - Putney

P HB2818

Supply and demand for nurses in Virginia. Adds to the duties of the State Council of Higher Education the responsibility for developing, in cooperation with institutions of higher education, the Board of Nursing, and the Advisory Council on the Future of Nursing in Virginia, a strategic statewide plan to ensure an adequate supply of nurses in Virginia. The Council is also directed to recommend to the Governor and the General Assembly such changes in public policy as may be necessary to meet the state's current and future need for essential nursing services. The Advisory Council's statute is amended to require it to develop recommendations to resolve issues pertaining to nurse education, recruitment, and retention and to report its recommendations to and cooperate with the State Council of Higher Education and the Board of Nursing in the development of a strategic statewide plan to ensure an adequate supply of nurses.
Patron - Christian

P HB2837

The University of Virginia's Board of Visitors; emergency. Requires the appointment of a rector to preside at the meetings, and a vice-rector to preside in the absence of the rector. Other duties may be performed by the rector and the vice-rector, as the board may prescribe. The terms of the rector and vice-rector will be for two years, commencing on July 1 of the year of appointment and expiring on June 30 of the year of the expiration of their terms. The board may also appoint a substitute pro tempore, as provided in its bylaws, to preside in the absence of the rector and the vice-rector. Vacancies in the offices of rector and vice-rector may be filled by the board for the unexpired term. The membership of the executive committee, appointed to transact business in the recess of the board, must consist of not less than three nor more than six members, i.e., a possible increase of one member. Three enactment clauses at the end of the bill provide that (i) the first rector appointed to succeed the rector whose term expires on or before April 1, 2003, and the vice-rector appointed pursuant to this act will serve for terms that will expire on June 30, 2005; (ii) upon passage of this act, the board of visitors of the University of Virginia must appoint a vice-rector and must provide in its bylaws that a vice-rector will be appointed every two years and will automatically succeed the rector, upon the expiration of the rector's term; and (iii) an emergency exists and this act will be in force from its passage, i.e., on such date as may be consistent with the constitutional requirements for passage of legislation that does not become effective in due course.
Patron - Dillard

P HJ637

Strategic plan for higher education. Endorses the systemwide strategic plan for higher education created by the State Council of Higher Education as the Commonwealth's vision for higher education. Annual reporting of institutional progress in meeting the goals expressed in the plan is also requested.
Patron - Tata

P SB1025

Higher education; approval of certain terms. Authorizes the State Council of Higher Education (SCHEV) to refuse to approve and to conditionally approve requests by nonpublic institutions of higher education to use terms deemed by SCHEV to be potentially misleading to consumers, students, or the general public regarding the particular institution's affiliation or association with any public institution of higher education in the Commonwealth. The Council shall, by regulation, designate such terms, which shall include, but shall not be limited to, "public university," "public college," and "community college." However, SCHEV cannot add conditions to revoke or suspend a prior approval of a name. The provision is applicable to those institutions that are otherwise granted exemptions to SCHEV's requirements.
Patron - Houck

P SB1128

Jamestown-Yorktown Foundation. Grants voting privileges and Board of Trustee membership to any chairmen emeriti of the Jamestown-Yorktown Foundation Board of Trustees; transfers authority to appoint the members of the executive committee from the Board of Trustees to the chairman; provides that the Board chairman and vice-chairman shall be executive committee members; and, in a second enactment clause, provides that, for the period beginning with the election of officers at the fall 2002 semiannual board meeting through the election of officers at the fall semiannual meeting to be held in 2008, during the preparation for and commemoration of the 400th anniversary of the founding of Jamestown, the Board of Trustees shall elect two Co-Chairmen of the Board of Trustees. During this time, the Board of Trustees is to designate one of the two Co-Chairmen to exercise annually the duties of chairman.
Patron - Norment

P SB1255

State Council of Higher Education; appointment of members. Beginning July 1, 2003, provides for the Joint Rules Committee to appoint five of the 11 members of the State Council of Higher Education, and for the Governor to appoint six members. Initial appointments to be made by the Governor and the Joint Rules Committee under the bill are as follows: (i) for the two appointments expiring on June 30, 2003, the Governor shall appoint 1 member and the Joint Rules Committee shall appoint one member; (ii) for the three appointments expiring June 30, 2004, the Governor shall appoint two members and the Joint Rules Committee shall appoint one member; and (iii) for the three appointments expiring June 30, 2005, the Joint Rules Committee shall appoint three members. Three members shall be appointed in 2006 by the Governor. Appointments made by the Joint Rules Committee shall be from a list or lists of persons recommended by the Senate Committees on Finance and Education and Health, and the House Committees on Appropriations and Education. Current law provides for the Governor to make all appointments to the State Council of Higher Education. This bill is identical to HB 2678.
Patron - Chichester

P SJ306

School of forestry. Recognizes the need for an institute of forestry and environmental science through a partnership between Dabney Lancaster Community College and Virginia Polytechnic Institute and State University.
Patron - Deeds

Failed

F HB1513

Higher education; elimination of tenure. Eliminates tenure for faculty accepting employment at a public institution of higher education on and after July 1, 2003. Persons employed in tenure-track positions before July 1, 2003, may still be eligible for the award of tenure. A second enactment clause provides that current Virginia statutes and regulations addressing the award of tenure to higher education faculty shall be applicable only to those persons employed in faculty positions eligible for such award before the effective date of this measure. The Code cites agency regulations regarding tenure for faculty (§§ 2.2-4002 and 2.2-4101) as well as early retirement incentives for tenured faculty (§ 23-9.2:3.1).
Patron - Albo

F HB1562

Higher education; admission of illegal aliens prohibited. Provides that public institutions of higher education may not knowingly accept for enrollment any illegal alien, and directs each institution, upon discovering an enrollment of an illegal alien, to provide for the prompt dismissal of any such person from the institution.
Patron - Reid

F HB1609

Reduced tuition for certain students. Allows the governing board of the Virginia Community College System (VCCS) to charge reduced tuition to any alien not holding an immigration visa or not classified as a political refugee who is enrolled in one of the System's institutions, lives within a 30-mile radius of a Virginia institution, has received a high school diploma or general educational development certificate from a public or private high school in the Commonwealth, and provides the relevant institution an affidavit stating that the individual will file an application to become a permanent resident within 90 days of the date upon which such individual becomes eligible to do so. These students would also be entitled to the same rights and benefits as other eligible students, including eligibility for state financial aid, scholarships, and grants. The State Council of Higher Education, in consultation with the governing board of the VCCS, is to develop guidelines for the grants of eligibility for reduced tuition and state financial aid, scholarships, and grants for these students. Unless otherwise required by federal or state law, any information submitted to any of the System's institutions by these students must remain confidential and cannot be released without the express consent of the individual. Currently, the VCCS may charge reduced tuition to any person enrolled in one of the System's institutions who lives within a 30-mile radius of a Virginia institution, is domiciled in, and is entitled to, in-state tuition charges in the institutions of higher learning in any state that is contiguous to Virginia and that has similar reciprocal provisions for persons domiciled in Virginia.
Patron - Darner

F HB1610

In-state tuition for certain alien students. Provides eligibility for in-state tuition, but not classification as a Virginia resident, upon a showing of clear and convincing evidence that such alien (i) attended a public or private high school in the Commonwealth for two or more years; (ii) received a high school diploma or a general educational development certificate from a public or private high school in the Commonwealth; (iii) registers as an entering student in a public institution of higher education in the Commonwealth not earlier than the 2003-2004 academic year; and (iv) files an affidavit with the enrolling public institution of higher education in the Commonwealth stating that the individual will file an application to become a permanent resident within 90 days of the date such individual becomes eligible to do so. Individuals eligible for reduced tuition would also be entitled to the same rights and benefits as other in-state students, including eligibility for state financial aid, scholarships, and grants. The State Council, in consultation with the governing board of the Virginia Community College System, shall develop guidelines for the grants of eligibility for reduced tuition and state financial aid, scholarships, and grants for these individuals. Unless otherwise required by federal or state law, any information submitted to any of the System's institutions by such students will remain confidential and cannot be released without the express consent of the student. The measure addresses "individuals" rather than a specific class of immigrant or alien students, as the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. § 1623 (a)) provides that an alien "who is not lawfully present in the United States shall not be eligible for ... any post-secondary benefit unless a citizen or national of the United States is eligible for such a benefit...without regard to whether the citizen or national is such a resident." Section 23-7.4 is cross-referenced throughout the Code of Virginia for purposes of defining "domicile," "domiciliary status," "bona fide resident," and other similar terms. The grant of eligibility for in-state tuition provided by this measure does not confer domicile on the alien student; the only other provision referencing students who are granted in-state tuition under this section is § 23-7.4:2, which permits a community college to charge in-state tuition to " [a]ny student from a foreign country who is enrolled in a foreign exchange program approved by the state institution during the same period that an exchange student from the same state institution, who is entitled to in-state tuition pursuant to § 23-7.4, is attending the foreign institution." This bill is similar to legislation enacted in Texas.
Patron - Darner

F HB1891

Higher education; reduction in force. Prohibits public institutions of higher education terminating the employment of or failing to renew the employment contracts of individuals in full-time faculty positions within a particular academic discipline or department on the grounds of reduction in force due to lack of funding, regardless of whether such positions may provide eligibility for tenure, from hiring additional "replacement" full- or part-time faculty within the same academic discipline or department for three calendar years from the date of each such nonrenewal or termination of employment without first offering such position, at the same salary and under the same terms as offered to other applicants, to the terminated faculty employee.
Patron - Albo

F HB1971

Consolidation of The Science Museum of Virginia and the Virginia Museum of Natural History. Transfers the administration and operations of the Virginia Museum of Natural History to the board of trustees of The Science Museum of Virginia. This bill is a recommendation of the Joint Subcommittee Studying the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002).
Patron - Athey

F HB2030

Higher education; vegetation buffer zones. Requires the governing boards of each four-year public institution of higher education, in entering into any contracts for construction or expansion projects on and after July 1, 2003, unless otherwise required by any applicable local zoning regulation or as may be otherwise required by agreement with the relevant local governing body, to include in any such contracts provisions ensuring the maintenance of a minimum buffer zone of trees, shrubs, or other vegetation of at least 100 feet in depth where such projects are adjacent to private communities that are zoned for single-family residential housing.
Patron - Petersen

F HB2421

Virginia War Orphans Education Act. Adds the children of parents who are killed or disabled as a result of service in military operations against terrorism, a peace-keeping mission, or a terrorist act subsequent to December 6, 1941, to the list of children eligible to attend public institutions of higher education or other accredited postsecondary institutions granting a certificate, diploma, or degree, free of tuition and required fees. Clarifies that the children of members of the United States Armed Services Reserves and the Virginia National Guard Reserve called to active military duty and who are killed in action or are totally and permanently disabled are also eligible for such benefits. Tuition, institutional charges and required fees, and books and supplies are waived for eligible children. Eligible children of such parents must be between 16 and 25 years of age. The parent, upon whom eligibility for these benefits is based, (i) must have been a citizen of the Commonwealth at the time of entering active military service; (ii) must have been a citizen of the Commonwealth for at least five years prior to the submission of the child's application for admission to college; (iii) must have been a citizen of the Commonwealth on the date of his death and had been a citizen for at least five years prior to his death; (iv) the surviving parent has been a citizen of the Commonwealth for at least five years prior to marrying the deceased parent; or (v) the surviving parent has been a citizen of the Commonwealth for at least five years immediately prior to the date on which the child's application for college admission was submitted to any public institution of higher education or other accredited postsecondary institution granting a certificate, diploma, or degree. This bill also makes the benefits consistent between eligible children of members of the military and eligible children and spouses of persons who are killed in the line of duty while employed or serving as law-enforcement officers, firefighters, correctional officers, local and regional jail farm superintendents, sheriffs, deputy sheriffs, and emergency medical services. Further, this bill provides technical amendments to clarify for whom tuition and required fees are waived.
Patron - Janis

F HB2450

Annual reports; university-related foundations. Requires the governing board of university-related foundations operating auxiliary enterprises, such as on-campus bookstores and food and vending services, to annually report to the General Assembly and the State Council of Higher Education, in a form to be prescribed by the State Council of Higher Education in consultation with the State Treasurer and the Auditor of Public Accounts, its stated mission; a description of programs, activities, and initiatives developed and implemented to fulfill such mission; and audited financial and development activities. Section 23-9.2 articulates the policy of the Commonwealth to "encourage the state-supported institutions of higher education in Virginia in their attempts to increase their endowment funds and unrestricted gifts from private sources" and that state funding for these institutions is not to be altered based upon the availability of endowment resources.
Patron - Griffith

F HB2736

Faculty representatives to boards of visitors, the State Board for Community Colleges, and local community college boards. Requires the boards of visitors of four-year public institutions of higher education, the State Board for Community Colleges, and local community college boards to appoint a nonvoting, advisory faculty representatives to their boards. In the case of the State Board for Community Colleges, the representative must be appointed from among persons elected by the Chancellor's Faculty Advisory Committee. Faculty representatives to boards of visitors and local community college boards must be appointed from among those individuals elected by the faculty, faculty senate, or other equivalent group of the institution. All representatives must serve terms of not less than one 12-month period, which is coterminous with the institution's fiscal year, or for terms mutually agreed to by (i) the State Board for Community Colleges and the Chancellor's Faculty Advisory Committee, or, (ii) as the case may be, the local community college board or the board of visitors and the institution's faculty senate or other equivalent group. The State Board for Community Colleges, local community college boards, and boards of visitors may exclude faculty representatives from discussions of faculty grievances, faculty or staff disciplinary matters, or salaries.
Patron - Shuler

F SB752

Reporting of serious campus crime to Attorney General. Requires the governing body of each public and private institution of higher education in Virginia to annually report to the Office of the Attorney General all incidents involving violent crime occurring on the campus of the relevant institution. The reports are to be based on data collected from any criminal incident information from campus police departments at public and private institutions of higher education, as provided in § 23-232.1, and such other records and materials as the Attorney General may designate for the purpose of recording the frequency of such incidents and making such information available to the public. The Office of the Attorney General is to develop and implement procedures to implement this subsection that address those violent crimes required to be reported, which shall include, but may not be limited to, violent felony offenses as defined in § 19.2-297.1 and any crime ancillary thereto (such as murder, kidnapping, certain sexual assaults, and other serious crimes); reporting dates; report formats; confidentiality of personal identifying information; the withholding of information whose release may jeopardize an ongoing investigation or individual safety; and such other matters as the Attorney General deems necessary.
Patron - O'Brien

F SB753

Eligibility for in-state tuition. Eliminates current eligibility for in-state tuition to aliens holding an immigration visa and denies eligibility for in-state tuition and other state-issued postsecondary school benefits to any person deemed a foreign national--a non-U.S. citizen--under federal law. An exception is included to acknowledge federal immigration law and regulation that may confer state resident status on certain aliens. Also eliminated are (i) the authority of public institutions of higher education to grant in-state tuition to any student from a foreign country who is enrolled in a foreign exchange program approved by the state institution during the same period that an exchange student from the same state institution, who is entitled to in-state tuition is attending the foreign institution; and (ii) complete waivers of tuition and required fees for a student from a foreign country enrolled in a public institution of higher education through a student exchange program. Again, grants of in-state tuition would continue only if federal law conferred state residency status on these individuals. The U.S. Code defines a "national of the United States'' as "a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States" (8 U.S.C. § 1101(a)(23)). "Alien" is defined as "any person not a citizen or national of the United States" (8 U.S.C. § 1101(a)(3)). A "national" is "a person owing permanent allegiance to a state" (8 U.S.C. § 1101(a)(21)).
Patron - O'Brien

F SB754

False or misleading applications for college admission or employment; civil penalty. Creates a civil penalty for any person to intentionally include false or misleading information in any application or supporting documents for admission or employment at a public institution of higher education in the Commonwealth or in any documents submitted in support thereof. Any person who violates any provisions of this section may be assessed a civil penalty not to exceed $5,000 for each violation. All civil penalties paid to the Commonwealth pursuant to this section shall be deposited into the Literary Fund. The Office of the Attorney General, on behalf of the governing board of the relevant institution, may bring a cause of action in the circuit court having jurisdiction where the person resides or where the institution is located for a civil penalty against any person who knowingly submits such false or misleading information.
Patron - O'Brien

F SB787

Certain reports on student progress required. Requires, at the conclusion of each academic year, the board of visitors or other governing body of every four-year public institution of higher education to provide to the chairman of each school board in this Commonwealth and to the division superintendent of each school division a progress report on the full-time, first-year students enrolled in the relevant institution who received diplomas during the prior school year from any of the relevant school division's high schools. The progress report must indicate the number of students who took remedial or compensatory classes and shall indicate the retention status and grade point average of each student who graduated from high schools in the division during the prior school year. The State Council of Higher Education must define "remedial" or "compensatory" classes, which may include, but need not be limited to, noncredit courses within the four-year institution of higher education, courses provided in community colleges that do not transfer for credit to four-year institutions, or courses provided through public school adult education programs. The State Council of Higher Education and the Board of Education shall develop a procedure for implementation of the requirements of this section.
Patron - Deeds

F SB1035

Faculty representatives to boards of visitors, the State Board for Community Colleges, and local community college boards. Requires the boards of visitors of four-year public institutions of higher education, the State Board for Community Colleges, and local community college boards to appoint one or more nonvoting, advisory faculty representatives to their boards. In the case of the State Board for Community Colleges, the representatives must be appointed from among persons elected by the Chancellor's Faculty Advisory Committee. Faculty representatives to boards of visitors and local community college boards must be appointed from among those individuals elected by the faculty, faculty senate, or other equivalent group of the institution. All representatives must serve terms of not less than one 12-month period, which is coterminous with the institution's fiscal year, or for terms mutually agreed to by (i) the State Board for Community Colleges and the Chancellor's Faculty Advisory Committee, or, (ii) as the case may be, the local community college board or the board of visitors and the institution's faculty senate or other equivalent group. The State Board for Community Colleges, local community college boards, and boards of visitors may exclude faculty representatives from discussions of faculty grievances, faculty or staff disciplinary matters, or salaries.
Patron - Trumbo

F SB1061

F SB1110

Virginia Exemplary Academic Performance Admission Program. Creates the Virginia Exemplary Academic Admission Program to provide opportunities for higher education to students with exceptional academic performance. The bill provides that any student who is a citizen of Virginia, and graduates from an accredited public school in the Commonwealth in the top five percent of his graduating class, must be admitted to any public institution of higher education, if application is made within two years of his graduation from high school. Public institutions of higher education are required to verify the student's class rank and review his scholastic record to determine whether he may benefit from enrichment courses and programs to enhance his academic abilities and achievement. After admitting any student who graduates in the top five percent of his graduating class, the institution must admit other undergraduate students in the manner required by the institution's admission policy. In admitting students who graduate in the top five percent of their class, institutions may consider any or all, or a combination of certain socioeconomic and other factors that will enable the institution to satisfy its stated mission. Each public institution must submit an annual report to the State Council of Higher Education that describes the composition of the entering class of students admitted to the institution under this program. The State Council of Higher Education must administer the program and must disseminate information concerning the program to students and their parents, secondary school guidance counselors, and admissions officers and academic advisors at institutions of higher education through existing mechanisms designed to inform students and their parents of higher education opportunities, academic requirements for college entrance, the admissions process, and financial aid in the Commonwealth. The Council is also authorized to adopt rules and regulations governing the program. This bill was favorably considered by the Commission on Access and Diversity in Higher Education.
Patron - Whipple

F SB1353

The University of Virginia's Board of Visitors; emergency. Requires the appointment of a rector to preside at the meetings, and a vice-rector to preside in the absence of the rector. The terms of the rector and vice-rector will be for two years, commencing on July 1 of the year of appointment and expiring on June 30 of the year of the expiration of their terms. The board will also appoint, from among its members, a secretary for such term and with such duties as the board prescribes. The board may also appoint a substitute pro tempore, as provided in its bylaws, to preside in the absence of the rector on the vice-rector. The membership of the executive committee, appointed to transact business in the recess of the board, must consist of not less than three nor more than six members, i.e., a possible increase of one member. Three enactment clauses at the end of the bill provide that (i) the rector appointed to succeed the rector whose term expires on or before April 1, 2003, and the first vice-rector appointed pursuant to this act will serve for terms that will expire on June 30, 2005; (ii) upon passage of this act, the board of visitors of the University of Virginia must appoint a vice-rector and must provide in its bylaws that a vice-rector will be appointed every two years and will automatically succeed the rector, upon the expiration of the rector's term; and (iii) an emergency exists and this act will be in force from its passage.
Patron - Stolle

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2003>Educational Institutions

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