General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Educational Institutions

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Educational Institutions

Passed

P HB1682

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 public accredited postsecondary institutions granting a certificate, diploma, or degree, free of tuition, room and board, 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. 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, or in emergency medical services. Further, this bill provides technical amendments to clarify for whom tuition and required fees are waived. This bill is identical to SB 1288.
Patron - Janis

P HB1719

Certification of postsecondary schools. Clarifies the role of the State Council of Higher Education (SCHEV) in the certification of postsecondary schools (degree-granting schools other than public institutions of higher education and noncollege degree schools). Previously, SCHEV approved programs of study; this measure provides for the certification of schools rather than program approval. This certification authority does not address professional or training programs subject to a Virginia health regulatory board or other state or federal governmental agency.
Patron - Tata

P HB1726

Higher education; textbook sales and bookstores. Prohibits employees at Virginia public institutions of higher education from demanding or receiving any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, as an inducement for requiring students to purchase a specific textbook required for coursework or instruction. An exception allows the employee to receive (i) sample copies, instructor's copies, or instructional material, not to be sold; and (ii) royalties or other compensation from sales of textbooks that include such instructor's own writing or work. The measure also requires the governing boards to implement procedures for making available to students in a central location and in a standard format on the relevant institutional website listings of textbooks required or assigned for particular courses at the institution. Finally, institutions maintaining a bookstore supported by auxiliary services or operated by a private contractor must post the listing of such textbooks when the relevant instructor or academic department identifies the required textbooks for order and subsequent student purchase.
Patron - Oder

P HB1816

Annual reporting of the use of student activity fees. Requires each public two- and four-year institution of higher education in the Commonwealth to publish annually a descriptive report detailing the (i) amount and distribution of student activity fees assessed each semester or during an academic year; and (ii) the name of each organization, including the nature of the organization's activity, that receives funding of $100 or more from student activity fees. The bill also requires institutions to post the annual report on its website to facilitate access and availability of the report to students enrolled at the institution and their parents.
Patron - Marshall, R.G.

P HB2071

Southern Virginia Higher Education Center. Continues the Southern Virginia Higher Education Center, previously established as an off-campus center of Longwood University, as an educational institution charged to, among other things, encourage the expansion of higher education, including adult and continuing education, associate, undergraduate, and graduate degree programs and foster partnerships between the public and private sectors to enhance higher education in the region. The Center is governed by a 15-member Board of Trustees, consisting of the Director of the State Council of Higher Education for Virginia or his designee; the Chancellor of the Virginia Community College System or his designee; the presidents or chancellors, as appropriate, or their designees of Longwood University, Danville Community College, and Southside Virginia Community College; the division superintendent of Halifax County Public Schools;

three legislators; and six gubernatorially-appointed nonlegislative citizen members. The Board is authorized to establish agreements with public and private institutions of higher education to provide associate, undergraduate, and graduate level instructional programs at the Center. Currently, the Center is located in South Boston and is governed by the Southern Virginia Higher Education Consortium, which includes Longwood University, Southside Virginia Community College, and Danville Community College. This bill is identical to SB 1293.
Patron - Hogan

P HB2337

Articulation agreements. Requires the governing board of each four-year public institution of higher education, beginning with academic year 2006-2007, to develop additional articulation and transfer agreements with uniform application to all institutions within the Virginia Community College System that (i) meet appropriate general education and program requirements at the four-year institutions; and (ii) provide additional opportunities for associate degree graduates to be admitted and enrolled. The State Council of Higher Education, consistent with its responsibility to facilitate the development of articulation agreements, must develop guidelines for such agreements. Current law requires the State Council to develop a State Transfer Module designating those general education courses that are offered within various associate degree programs at the public two-year institutions that are transferable for credit or admission with standing as a junior (third year) to the public four-year institutions.
Patron - Athey

P HB2422

Southwest Virginia Higher Education Center. Increases from five to seven the citizen members of the Southwest Virginia Higher Education Center, (thereby increasing the board membership from 21 to 23) and specifies that the citizen members shall include two business and industry leaders, and three individuals, one each representing the technology, tourism, and health care industries, respectively. Current law requires that a public school teacher or a division superintendent be included among the citizen members.
Patron - Johnson

P HB2866

Restructured Higher Education Financial and Administrative Operations Act. Sets forth enabling legislation for the restructuring of public institutions of higher education (institutions) that will extend, upon the satisfaction of various conditions, autonomy, which includes but is not limited to, capital building projects, procurement and personnel, while providing oversight mechanisms and establishing certain expectations. Under the bill, three levels of autonomy will be available to all public institutions of higher education with the level of autonomy depending on each institution's financial strength and ability to manage day-to-day operations. The bill also requires such institutions to develop six-year academic, financial and enrollment plans that outline tuition and fee estimates as well as enrollment projections, to develop detailed plans for meeting statewide objectives, and to accept a number of accountability measures, including meeting benchmarks related to accessibility and affordability. The bill further requires the Governor to establish an independent advisory board to develop and recommend administrative management standards for institutions. The Governor is required to submit his recommendations for the third level of autonomy as part the budget bill or amendments to the budget bill for review and approval by the General Assembly. This bill incorporates HB 2034.
Patron - Callahan

P SB712

Higher education; vaccination for hepatitis B. Provides that full-time students enrolled for the first time in any four-year public institution of higher education shall be vaccinated against hepatitis B unless the student signs a waiver that he has received and reviewed information on hepatitis B and the availability and effectiveness of being vaccinated.
Patron - Potts

P SB1288

P SB1293

Southern Virginia Higher Education Center. Continues the Southern Virginia Higher Education Center, previously established through a number of regional higher education institutions, as an educational institution charged to, among other things, encourage the expansion of higher education, including adult and continuing education, associate, undergraduate, and graduate degree programs in the Southside region of the Commonwealth and foster partnerships between the public and private sectors to enhance higher education in the region. The Center is governed by a 15-member Board of Trustees, consisting of the Director of the State Council of Higher Education for Virginia or his designee; the Chancellor of the Virginia Community College System or his designee; the presidents or chancellors, as appropriate, or their designees of Longwood University, Danville Community College, and Southside Virginia Community College; the division superintendent of Halifax County public schools; two members of the House of Delegates to be appointed by the Speaker of the House of Delegates; one member of the Senate to be appointed by the Senate Committee on Rules; and six nonlegislative citizen members to be appointed by the Governor, including the chairman and two other members of the Halifax Education Foundation, and three representatives of business and industry. The Board is authorized to establish agreements with public and private institutions of higher education to provide associate, undergraduate, and graduate level instructional programs at the Center. Currently, the Center is located in South Boston and is governed by the Southern Virginia Higher Education Consortium, which includes Longwood University, Southside Virginia Community College, and Danville Community College. This bill is identical to HB 2071.
Patron - Ruff

P SB1310

College of William and Mary; rector. Extends the term of the current rector of the College of William and Mary for one year, to June 30, 2006. The measure also authorizes the expansion of the 17-member board to 18 members from July 1, 2005, to June 30, 2006. Finally, the measure deletes obsolete language.
Patron - Norment

P SB1327

Failed

F HB1598

In-state tuition; legal alien students. Grants in-state tuition to a student holding a valid student or other temporary visa if the student's parent is a legal alien holding a valid permanent or temporary visa who has, for at least one year immediately prior to the date of alleged entitlement for in-state tuition charges, resided in Virginia, been employed full-time and paid individual income taxes to Virginia. Such student shall be eligible for in-state tuition charges only if the alien parent claims him as a dependent for income tax purposes, as evidenced by claiming him as a dependent on an individual or joint return. However, such student does not have the capacity to intend to remain in Virginia indefinitely and, therefore, shall be ineligible for Virginia domicile required for any other benefits conferred in Title 23. Current law provides that an alien holding an immigration visa or classified as a political refugee may establish eligibility for in-state tuition in the same manner as any other student, but also states that, absent congressional intent to the contrary, any person holding a student or other temporary visa shall not have the capacity to intend to remain in Virginia indefinitely and, therefore, shall be ineligible for Virginia domicile and for in-state tuition charges.
Patron - Callahan

F HB1659

Higher education; hiring and admission of military personnel. Requires Virginia's public institutions of higher education to include veterans of the U.S. Armed Forces who were honorably discharged or who are currently members in good standing in the active or inactive Reserves or National Guard as a duly recognized group in any affirmative action plan for (i) hiring as faculty or nonfaculty or (ii) admission as students. The measure also requires institutions to file annual reports on hiring and admission of veterans and military personnel.
Patron - Lingamfelter

F HB1813

Emergency postcoital contraception. Provides that public two- and four-year institutions of higher education are not immune from civil liability resulting from injury sustained from exposure to emergency postcoital contraception, commonly referred to as "morning after pills," prescribed or dispensed by the medical or nursing staff employed or contracted by the institution to provide student health care services.
Patron - Marshall, R.G.

F HB2034

Higher Education Reform Act of 2005. Requires public institutions of higher education (institutions) to develop six-year academic, financial and enrollment plans that outline tuition and fee estimates as well as enrollment projections. Such plans will be submitted to the State Council of Higher Education, the Governor, and the Chairs of the House Committee on Appropriations and the Senate Committee on Finance. In addition, the bill requires the Governor to establish an independent advisory board to develop and recommend administrative management standards for institutions. Among other things, the bill provides institutions that have formally committed to meet certain objective measures of performance with more flexibility in (i) disposing of real and personal property, (ii) conveying and acquiring easements and leases, (iii) identifying vendors who are minority business enterprises, (iv) designating classification of administrative and faculty positions, and (v) supervising construction projects and inspecting for compliance with the Uniform Statewide Building Code. This bill has been incorporated into HB 2866.
Patron - Hamilton

F HB2091

Admissions policies. Requires the board of visitors or other governing body of each public institution of higher education in Virginia to establish admissions policies that prohibit discrimination on the basis of the geographical region of the Commonwealth where the applicant resides.
Patron - Hugo

F HB2122

In-state tuition; applicants for asylum or refugee status. Grants in-state tuition to any person who has applied with the federal Immigration and Naturalization Service for admission or classification as a refugee or asylum status, as the case may be, on the basis of fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion shall be entitled to in-state tuition charges (i) if the student has, for at least one year immediately prior to the date of alleged entitlement for in-state tuition charges, resided in Virginia, and if the parent of such student has, for at least one year immediately prior to the date of alleged entitlement for in-state tuition charges, resided in Virginia, been employed full-time, and paid individual income taxes to Virginia; or (ii) in the case of a student who is an emancipated minor has, for at least one year immediately prior to the date of alleged entitlement for in-state tuition charges, resided in Virginia, been employed on a full- or part-time basis, and paid individual income taxes to Virginia. Current law provides that an alien holding an immigration visa or classified as a political refugee may establish eligibility for in-state tuition in the same manner as any other student. The State Council of Higher Education is to issue and revise guidelines for determinations of eligibility for in-state tuition.
Patron - Eisenberg

F HB2146

Community College Success Program and Fund. Creates, from such funds as may be appropriated for such purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf, the Community College Success Program, to be administered by the State Board for Community Colleges. The Program consists of noncompetitive grants to community colleges to implement programs designed to (i) improve student academic achievement through tutoring and other services, (ii) decrease the rate of dropout among community college students, and (iii) increase the number of such students obtaining associate degrees, diplomas, and certificates.
Patron - Amundson

F HB2188

Virginia Vocational Incentive Scholarship Program for Shipyard Workers Fund. Provides that the General Assembly shall make an annual appropriation to the Fund for scholarships for shipyard workers enrolled in a three-year program of educational instruction at Tidewater Community College that incorporates instruction in industrial applied sciences. The annual appropriation shall equal $150,000; provided, however, that the annual appropriation when added to the beginning balance of the Fund on July 1 of the fiscal year shall not exceed $200,000. This bill includes technical amendments.
Patron - Wardrup

F HB2222

Student Financial Security Program. Creates the Student Financial Security Program and Fund to provide supplemental funding for need-based, state-funded financial aid at two- and four-year public institutions of higher education in the Commonwealth. The funding is designed to ensure that resources for student financial aid programs based in whole or in part on need are available to offset tuition increases at the various public institutions. Among the Commonwealth's state-funded, need-based student aid initiatives are the Virginia Guaranteed Assistance Program (§ 23-38.53:4 et seq.), the College Scholarship Assistance program (§ 23-38.45 et seq.), and student loan programs (§ 23-38.10:2 et seq.).
Patron - Rust

F HB2227

Higher education; Office of Learning Technology. Creates the Office of Learning Technology within the State Council of Higher Education to facilitate and coordinate the voluntary participation of public and private institutions of higher education in the Commonwealth that are accredited by the Southern Association of Colleges and Schools in technology-enriched learning initiatives. The Office is empowered to (i) establish and administer agreements with public and private institutions of higher education in the Commonwealth and other entities to conduct studies examining the need for technology-enriched learning initiatives, including distance and distributed learning initiatives, for currently served populations and underserved constituencies; (ii) enhance student access to technology-enriched educational programs and opportunities; (iii) reduce unnecessary duplication in technology-enriched learning initiatives; (iv) assist in the development of standards for improving access to, training for, and efficiency in such learning initiatives; and (v) enter into contracts for related program development.
Patron - Rust

F HB2324

Virginia Educational Ventures Consortium. Creates the Virginia Educational Ventures Consortium to facilitate the development of innovative and cost-effective distance learning instructional initiatives that address underserved constituencies. Comprised of participating public and private institutions of higher education in the Commonwealth, the Consortium is to (i) establish and administer agreements with public and private institutions of higher education and other entities to conduct studies examining the need for distance learning initiatives and to develop and execute, on a continuing basis, strategies to address such distance learning needs of underserved constituencies and (ii) enter into contracts for distance learning program development. This measure expires on July 1, 2010.
Patron - Rust

F HB2483

Commonwealth Scholars Program. Creates the Commonwealth Scholars Program, consisting of scholarships awarded to Virginia public high school graduates finishing in the top five percent of their respective classes, passing the required Standards of Learning assessments, and enrolled as full-time undergraduate students in any accredited, degree-granting public institution of higher education in Virginia. Scholarships shall support the full cost of tuition for one year only and may not be applied to fees, room, board, or other educational expenses. Should available funds be insufficient to provide full tuition, the State Council of Higher Education will determine the amounts of scholarship awards.
Patron - Petersen

F HB2567

In-state tuition for certain military personnel and dependents. Provides that all military personnel on active duty for more than 30 days, both regular and reserves, who are domiciled in Virginia or are assigned to a permanent duty station in Virginia and their dependents living in Virginia, who are not otherwise eligible for in-state tuition, shall be entitled to in-state tuition for as long as they are continuously enrolled.
Patron - Baskerville

F HB2780

Tuition; restricted annual increase. Provides that the governing body of each public institution of higher education shall set tuition and fee charges at levels they deem to be appropriate for all resident student groups based on, but not limited to, competitive market rates. However, annual tuition increases cannot exceed the rate of inflation except in limited circumstances.
Patron - Alexander

F HB2867

College applications; citizenship information. Requires the governing board of each public institution of higher education to ensure that any solicitations of information regarding visa or citizenship status contained in the application for admission seek only that information necessary to satisfy any informational or reporting requirements imposed by state or federal law.
Patron - Sickles

F HB2910

Prohibiting admission of illegal aliens to public institutions of higher education. Provides that persons who are unlawfully present in the country may not be admitted to any public institution of higher education in Virginia.
Patron - Gear

F HJ619

Academic programs in critical shortage areas. Requests the State Council of Higher Education to coordinate with the public institutions of higher education regarding the discontinuance of academic programs to ensure the maintenance of degree programs that address high demand or critical shortage areas.
Patron - Orrock

F SB757

Student Financial Security Program. Creates the Student Financial Security Program and Fund to provide state-funded need-based financial aid at two- and four-year public institutions of higher education in the Commonwealth. The funding is designed to ensure that resources for student financial aid programs, based in whole or in part on need, are available to offset tuition increases at the various public institutions. Funds for the Program shall be included in each institution's appropriation for undergraduate student financial assistance.
Patron - Houck

F SB931

Higher education endowment funds; supplementing salaries. Clarifies that public institutions of higher education may use endowment funds to supplement faculty salaries and benefits. Current law provides that the Commonwealth cannot consider the availability of private endowment moneys when determining its fiscal support for public colleges and universities. Pursuant to various institutions' statutes, the governing boards are typically empowered to employ "all teachers, and fix their salaries..."
Patron - O'Brien

F SB1053

Public institutions of higher education; intellectual property policies. Establishes the circumstances pursuant to which public institutions of higher education are required or authorized to transfer or assign intellectual property that is developed through externally-sponsored research to the sponsor of the research.
Patron - Wagner

F SB1066

Reduction in undergraduate tuition and fees. Directs the governing body of each public institution of higher education to reduce the tuition and mandatory educational and general fees in effect on June 30, 2005, for in-state undergraduate students by 20 percent for the year beginning July 1, 2005, and ending June 30, 2006. Following such reduction, the Governor shall include, in each budget submitted to the General Assembly, sufficient funds to reimburse each public institution of higher education for such tuition and mandatory fees reduced pursuant to this section.
Patron - Edwards

F SB1125

Higher education; annual audits. Removes responsibility for annual audits of institutions of higher education from the Auditor of Public Accounts and directs the respective governing boards to retain licensed independent certified public accountants for these audits. Currently, the Auditor is responsible for annual audits of all state entities, "handling any state funds" and reports a summary of these audits each year when the Governor presents the proposed executive budget to the legislature.
Patron - Obenshain

F SB1251

Higher education; hiring and admission of military personnel. Requires Virginia's public institutions of higher education to include veterans of the U.S. Armed Forces who were honorably discharged or who are currently members in good standing in the active or inactive Reserves or National Guard as a duly recognized group in any affirmative action plan for (i) hiring as faculty or nonfaculty or (ii) admission as students. The bill also requires institutions to file annual reports on hiring and admission of veterans and military personnel.
Patron - O'Brien

F SB1257

F SB1262

Higher education; Office of Learning Technology. Creates the Office of Learning Technology within the State Council of Higher Education to facilitate and coordinate the voluntary participation of public and private institutions of higher education in the Commonwealth that are accredited by the Southern Association of Colleges and Schools in technology-enriched learning initiatives. The Office is charged with establishing and administering agreements with nonprofit public and private institutions of higher education in the Commonwealth and other entities for the identification of unmet needs for technology-enriched educational programs and opportunities and the development and delivery of technology-enriched initiatives, including distance and distributed learning initiatives, for currently served populations and underserved constituencies. In addition, the Office must (i) review technology-enriched learning initiatives and make recommendations to the Council regarding unnecessary duplication in such initiatives; (ii) assist in the development of standards for improving access to, training for, and efficiency in such learning initiatives; and (iii) enter into contracts for related program development. This bill is identical to HB 2227.
Patron - Potts

F SB1314

Public institutions of higher education. Directs governing boards of the public institutions of higher education to adopt biennially six-year plans addressing the academic, financial, and enrollment plans and various objectives for the relevant institution. The State Council of Higher Education (SCHEV) will annually review and assess the six-year plans, identify any disparities between the institutional plans and statewide needs and objectives, and make recommendations for the revision of such plans for consideration by the respective public institutions, the Governor, and the General Assembly. The bill requires SCHEV to develop objective measures of institutional performance and institutional performance benchmarks for these measures for consideration by the Governor and the General Assembly. Based on the objective measures and benchmarks ultimately set forth in the budget, SCHEV is to annually assess the degree to which the individual public institutions have met the institutional performance benchmarks and is to provide, no later than June 1 of each year, a certified written report of the assessment results to the Governor and the respective chairmen of the House Committees on Education and Appropriations and the Senate Committees on Finance and Education and Health. Beginning with the 2006-2007 fiscal year, those institutions that have met the institutional performance benchmarks shall be entitled to various fiscal benefits. Authorizes public institutions of higher education (institutions) to (i) contract for specific construction projects without the review and approval of the Bureau of Capital Outlay Management, subject to various procurement and building code requirements; (ii) convey and grant easements and enter into leases without the prior approval of the Department of General Services; (iii) use internal staff or the local building official for compliance with the Uniform Statewide Building Code; (iv) exempts an institution's sole source procurements using certain vendors from the transaction fee charged by the Department of General Services' web-based electronic procurement program; and (v) authorizes institutions to establish separate purchasing and travel credit card arrangements and to dispose of surplus property subject to certain restrictions. This bill has been incorporated into SB 1327.
Patron - Chichester

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2005>Educational Institutions

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