HB 1385: Higher educational institutions, public; membership of governing boards. - Virginia

Higher Education Subcommittee Substitute → Education and Health Substitute · 9 edits

MAJOR

This bill shifts control of Virginia's public higher education governing boards from the House of Delegates to the Senate Committee on Education and Health. It establishes a new six-year term for board members to reduce political turnover, mandates that all appointments be confirmed by both House and Senate committees, and adds strict rules preventing partisan political objectives in board decisions. The bill also introduces new requirements for board transparency, shared governance with faculty, and specific protections for academic freedom.

Scope change

The bill's scope expanded from primarily House jurisdiction to include Senate oversight, and it now applies to a broader range of institutions including Richard Bland College, the University of Mary Washington, Longwood University, Norfolk State University, Virginia Tech, Christopher Newport University, James Madison University, Radford University, Virginia State University, George Mason University, Virginia Commonwealth University, and the Virginia Military Institute.

ELIGIBILITY

Board member terms were changed from four years to six years to provide greater stability and reduce the frequency of appointments.

REQUIREMENT

A new confirmation process was added requiring both the House and Senate Privileges and Elections Committees to review and approve all gubernatorial appointments before a board member can assume office.

New provisions were added to prohibit governing boards from making decisions based on partisan objectives, ideological conformity, or loyalty to political candidates.

The bill mandates that governing boards adopt policies defining and implementing shared governance, including the establishment of elected faculty governance bodies.

New requirements were added to protect academic freedom, specifically prohibiting the censorship of professors or disciplinary action against them for exercising free speech rights.

Governing boards must now post bylaws, meeting schedules, and financial reports on their websites and invite the Attorney General's representative to all meetings.

The bill requires the inclusion of nonvoting, advisory representatives for both faculty and staff on governing boards, expanding beyond previous faculty-only representation.

The State Council of Higher Education is tasked with convening a work group to develop model shared governance policies and another to study processes for ensuring adequate legal representation for institutions.

TIMELINE

Specific staggered appointment schedules were created for 15 different universities to transition them to the new six-year term structure over a multi-year period.

Education and Health Substitute → Governor Substitute · 4 edits

MODERATE

The bill was converted from a Senate Substitute to a Governor Substitute, shifting the legislative origin and adding new sections to the Code of Virginia. The most significant policy change is the addition of Section 23.1-1303.1, which prohibits governing boards from adopting policies that restrict expression based on viewpoint or for ideological correction, and forbids disciplining professors for exercising free speech or academic freedom. The bill also expands the scope of amendments to include Section 2.2-2519 (regarding the Commission on Higher Education) and Section 23.1-203 (Council duties), while retaining the Senate's original changes to board member terms and shared governance requirements.

Scope change

The bill's scope expanded to include the Commission on Higher Education and the State Council's duties, in addition to the original focus on governing boards of public institutions of higher education.

REQUIREMENT

Added Section 23.1-1303.1 to strictly prohibit governing boards from restricting expression based on viewpoint, censoring for ideological conformity, or disciplining professors for exercising free speech or academic freedom.

Added requirements to amend Section 23.1-203 to update the duties of the State Council of Higher Education for Virginia.

SCOPE

Expanded the bill to amend Section 2.2-2519, which governs the membership and quorum of the Commission on Higher Education.

TECHNICAL

Changed the document header from 'Senate Substitute' to 'Governor Substitute' and updated the proposal date and patron list.

Enrolled → Education Substitute · 5 edits

MODERATE

The bill was converted from an 'Enrolled' final version into a 'Substitute' version, which significantly expanded its scope by adding new sections to the Code of Virginia. The changes introduce stricter rules for confirming gubernatorial appointments to university boards, establish a new commission to oversee higher education board appointments, and create a new section on academic freedom. Additionally, the bill adds specific staggered term schedules for multiple universities to ensure board continuity and requires the State Council to develop shared governance policies.

Scope change

The bill's scope expanded from primarily updating existing sections to adding new statutory sections (2.2-105, 2.2-108, 2.2-2519, and 23.1-1303.1) that create new oversight bodies and define new rights regarding academic freedom and appointment processes.

REQUIREMENT

Added a new requirement for a 'Virginia Commission on Higher Education Board Appointments' with specific membership criteria to oversee the appointment process.

Added a new section (23.1-1303.1) prohibiting governing boards from restricting expression based on viewpoint or censoring professors for exercising free speech or academic freedom.

Added a requirement for the State Council to convene a work group to develop model shared governance policies and report recommendations by November 1, 2026.

ELIGIBILITY

Modified the confirmation process for board members by adding specific rules to § 2.2-105 regarding when a committee rejection counts as a refusal by the General Assembly.

TIMELINE

Added specific staggered term schedules for 15 different universities to ensure board continuity after the initial transition period.

Introduced → Enrolled · 5 edits · Mar 31, 2026

MODERATE

The bill was successfully enacted into law, changing its status from an introduced draft to an enrolled act. The substantive text was significantly altered: the original bill focused on gubernatorial appointments and legal counsel for higher education, while the final enrolled version shifts entirely to the duties of the State Council of Higher Education for Virginia (SCHEV), including strategic planning, program approval, and data reporting requirements.

Scope change

The bill's scope completely changed from focusing on gubernatorial appointment confirmation and legal counsel for universities to focusing on the operational duties and oversight powers of the State Council of Higher Education for Virginia (SCHEV).

SCOPE

The subject matter was entirely replaced; the original text regarding appointment confirmations and legal counsel was removed and replaced with new provisions detailing SCHEV's responsibilities.

REQUIREMENT

New requirements were added for SCHEV to develop a statewide strategic plan every six years, review mission statements, and approve or disapprove new academic programs and enrollment projections.

DEFINITION

New definitions and criteria were established for SCHEV to determine when academic programs are nonproductive or unnecessarily duplicative.

TIMELINE

Specific timelines were added, such as a six-year cycle for strategic planning and a 30-day waiting period after adjournment for certain program changes to take effect.

ENFORCEMENT

New enforcement mechanisms were introduced, including the requirement for SCHEV to report specific data on outside legal services and the authority to require the discontinuance of unproductive programs.

Education Substitute → Higher Education Subcommittee Substitute · 4 edits

MODERATE

The bill was reclassified from a House substitute to a House Subcommittee substitute, indicating it has moved to a more specific legislative stage for review. The substantive text of the bill remains unchanged, though the header now lists additional delegates as patrons and includes a timestamp.

TECHNICAL

The bill's classification was updated from 'Education Substitute' to 'Higher Education Subcommittee Substitute', reflecting its progression in the legislative process.

The list of sponsoring delegates was expanded to include Franklin, Callsen, and Laufer, whereas the previous version only listed Franklin.

A timestamp ('2/9/26 11:47') and a bill identifier ('HB1385HC2') were added to the document header.

The document title was changed to 'HOUSE SUBSTITUTE' with additional formatting lines, but the legal content of the bill itself was not altered.

Higher educational institutions, public; membership of governing boards.

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