SB 381 Virginia Senate · 2026 Regular Session

Higher educational institutions, public; appointment and composition of members, powers and duties.

Summary
Public institutions of higher education; governing boards; appointment and composition of members; powers and duties; legal counsel. Amends several provisions relating to the employment, oversight, and management of the legal counsel for each public institution of higher education. The bill also amends the requirements relating to the appointment of members to and the composition of the governing board of each public institution of higher education, including (i) changing the required number of members to 18; (ii) expanding the term of each member of a governing board from four years to six years; (iii) requiring each governing board to appoint one member of the faculty, one member of the staff, and one student to the respective board as voting members; (iv) modifying procedural requirements for gubernatorial appointments and the confirmation of gubernatorial requirements by the General Assembly; and (v) amending and clarifying several procedural requirements specific to the appointment of members of governing boards, including appointments to fill vacancies and nomination and confirmation procedures and timelines. The bill also changes the procedures and requirements for the appointment of members to the State Council of Higher Education for Virginia and amends the requirements relating to meetings of and exercise of authority by each governing board and any executive committee appointed by a governing board pursuant to applicable law. Finally, the bill clarifies and expands the duties of each governing board in its collective capacity, and of the members of each governing board in their individual capacities, regarding (a) the primary duties of governing boards to advance the interests of the institution and the people of the Commonwealth, (b) duties relating to ideological and partisan neutrality and the protection of academic freedom and freedom of speech, and (c) duties relating to the relationship of the governing board and the institution's administration, faculty, and students.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Feb 12, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Education and Health Substitute · 8 edits
MODERATE
This bill amends Virginia law to strengthen governance of public higher education institutions and state agencies. The changes include standardizing board membership sizes to 18 members across multiple institutions, extending term lengths from four to six years for most board members, and implementing staggered appointment terms to ensure continuity. The bill also adds new requirements for board transparency, conflict of interest standards, and educational programs for board members to better prepare them for their governance roles.
Scope change
The bill expands the scope of governance requirements to apply uniformly across all public higher education institutions in Virginia, previously having varying board compositions and term lengths. It also extends certain provisions to the State Board for Community Colleges.
REQUIREMENT

Changed governing board membership from 12-17 members to 18 members across multiple institutions including University of Virginia, Virginia Commonwealth University, and other public institutions

Added new sections requiring governing boards to adopt policies on academic freedom, civic engagement, and conflict of interest standards by January 1, 2027

Created new requirements for mandatory educational programs for board members covering governance best practices, ethics, and fiduciary responsibilities

Added new duties requiring boards to support academic freedom, protect free speech, and facilitate civil discourse on campus

Added requirements for annual reporting on outside legal services usage by public higher education institutions

TIMELINE

Extended board member terms from four years to six years for most institutions, with staggered initial appointments to ensure continuity

ELIGIBILITY

Modified eligibility requirements for board members to ensure at least 12 members are Commonwealth residents and maintain specific alumni representation requirements

ENFORCEMENT

Strengthened removal provisions allowing governors to remove board members for malfeasance, misfeasance, incompetence, or gross neglect of duty with written public justification

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
3
Feb 9, 2026
Upper · Passed
Senate subcommittee offered
upper
Feb 9, 2026
Committee
Assigned Education sub: Higher Education
upper
Jan 13, 2026
Committee
Referred to Committee on Education and Health
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Scott Surovell
Scott Surovell
DDemocratic
VA
34