SB 494 Virginia Senate · 2026 Regular Session

Higher educational institutions, public; membership of governing boards.

Summary

Public institutions of higher education; governing boards; membership and duties; work groups. Revises the membership and duties of the governing board of each public institution of higher education by, among other things, increasing from four years to six years the terms of each member of the governing board and requiring the governing board of each public institution of higher education to adopt policies defining and implementing shared governance among the components of the institution's organizational structure. The bill also directs the State Council of Higher Education for Virginia to convene work groups for the purpose of developing model shared governance policies, in accordance with the provisions of the bill, and for the purpose of studying and making recommendations on (i) institutional structures and processes relating to legal counsel; (ii) the current selection and use of outside legal counsel by public institutions of higher education; (iii) a process by which (a) the governing board of any public institution of higher education, the Governor, or the General Assembly or a committee thereof with relevant oversight responsibility, upon determining that the legal counsel of a public institution of higher education is not acting in the best interests of the institution, including due to a conflict of interest, failure to defend the lawful authority of the public institution of higher education, or failure to comply with state law, may request the Attorney General to review the adequacy of such legal representation and (b) upon a determination by the Attorney General or the General Assembly or a committee thereof with relevant oversight responsibility that such institution is not receiving adequate legal representation, the governing board of any public institution of higher education may request additional representation or approve alternate counsel as necessary to protect the interests of the institution; and (iv) policies for requiring any individual member of a governing board of a public institution of higher education to recuse himself from or not participate in any vote or decision of the governing board on any matter in which he has a personal or pecuniary interest or any partisan or ideological interest that would compromise his ability to vote or act objectively and in accordance with the primary duties set forth in relevant law. This bill incorporates SB 381 and is identical to HB 1385.

Bill status vetoed 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

Senate Passage

Mar 2026

House of Delegates Passage

Mar 2026

Vetoed

Apr 2026

Introduced Jan 13, 2026 Vetoed Apr 13, 2026

Maddy AI version diff · 5 comparisons

What changed between versions

Higher Education Subcommittee Substitute → Governor Substitute · 6 edits

MODERATE

The bill was converted from a House substitute to a Governor substitute, shifting the proposal's origin and specific dates. The most significant substantive change is the addition of a new section requiring the State Council of Higher Education to develop model shared governance policies, including provisions for elected faculty governance bodies, to be available by January 1, 2027. The bill also clarifies appointment confirmation rules, allowing appointed board members to attend and participate in meetings without voting until confirmed by the General Assembly, and establishes a new requirement for the Council to develop educational programs for board members that cannot be outsourced to organizations lacking a decade of primary mission focus on board preparation.

Scope change

The bill's scope expanded to include a mandate for the State Council of Higher Education to create model shared governance policies and to study institutional structures regarding legal counsel. The applicability of the appointment confirmation process was modified to allow unconfirmed members to participate in meetings.

REQUIREMENT

Requires the State Council of Higher Education to convene a work group to develop model shared governance policies, including provisions for elected faculty governance bodies, by January 1, 2027.

Mandates that educational programs for governing board members cannot be outsourced to organizations that have not had a primary mission of board preparation for at least 10 years.

Revised the composition requirements for the Virginia Commission on Higher Education, changing the minimum number of nonlegislative citizen members from six to eight.

Added a new provision requiring the Council to convene a work group to study institutional structures and processes relating to legal counsel for public institutions of higher education.

ELIGIBILITY

Clarifies that Governor-appointed board members may attend and participate in meetings without voting until confirmed by the General Assembly, and are deemed confirmed if the Assembly fails to act within the statutory time limit.

TIMELINE

Changed the effective date for appointment confirmation rules from the previous session to January 1, 2027, and updated the Governor substitute date to April 13, 2026.

Education and Health Substitute → Education Substitute · 6 edits

MODERATE

The bill was restructured from a Senate Substitute focused on higher education governance to a broader Education Substitute that includes significant changes to gubernatorial appointment confirmation processes and the creation of a new Commission on Higher Education Board Appointments. The new version expands the scope to include community college boards and establishes specific term limits and eligibility rules for board members across all public institutions. It also adds new definitions for 'baccalaureate' and 'associate-degree-granting' institutions and outlines a staggered term schedule for various universities to ensure continuity.

Scope change

The bill's scope expanded from focusing solely on public institutions of higher education to explicitly including the Virginia Community College System and establishing a new Commission to oversee board appointments and shared governance policies across all sectors.

REQUIREMENT

Added a new Commission on Higher Education Board Appointments consisting of six citizen members and two ex officio members to develop shared governance policies and review legal counsel conflicts.

ELIGIBILITY

Modified board member term limits to allow a maximum of two consecutive four-year terms or one six-year term, with specific eligibility windows before reappointment.

DEFINITION

Added new statutory definitions for 'baccalaureate public institution of higher education' and 'associate-degree-granting public institution of higher education' to clarify which institutions fall under specific rules.

TIMELINE

Established a staggered term schedule for multiple universities (e.g., Virginia Tech, UVA, James Madison) to transition from previous term lengths to the new six-year standard by 2034.

ENFORCEMENT

Added provisions allowing the Governor to remove board members for specific causes including conflict of interest and failure to comply with state law, with a requirement for a public statement of reasons.

SCOPE

Expanded the bill to amend sections regarding the confirmation process for all gubernatorial appointments, not just those to higher education boards.

Floor votes · Senate Feb 13, 2026 · House of Delegates Mar 9, 2026

How they voted

35–0

Passed · 4 other

Total votes 39

Feb 13, 2026

D Democratic20

19 Yea 1

95% Yea

R Republican19

16 Yea 3

84% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 13, 2026

Vetoed

Governor's recommendation received by Senate

executive

Mar 31, 2026

Lower · Passed

Signed by Speaker

lower

Mar 30, 2026

Upper · Passed

Signed by President

upper

Mar 30, 2026

Upper · Passed

Bill text as passed Senate and House (SB494ER)

upper

Mar 14, 2026

Lower · Passed

Conference report agreed to by House (62-Y 35-N 0-A)

lower

Mar 14, 2026

Upper · Passed

Conference report agreed to by Senate (21-Y 18-N 0-A)

upper

Mar 14, 2026

Legislature · Passed

Conference Report released

legislature

Mar 14, 2026

Lower · Passed

Passed by temporarily

lower

Mar 11, 2026

Committee

House requested conference committee

lower

Mar 9, 2026

Lower · Passed

Passed House with substitute (61-Y 35-N 0-A)

lower

Mar 4, 2026

Lower · Passed

Reported from Education with substitute (15-Y 6-N)

lower

Mar 2, 2026

Lower · Passed

House subcommittee offered

lower

Feb 26, 2026

Committee

Assigned HED sub: Higher Education

lower

Feb 24, 2026

Committee

Referred to Committee on Education

lower

Feb 17, 2026

Upper · Passed

Read third time and passed Senate (22-Y 18-N 0-A)

upper

Feb 13, 2026

Upper · Passed

Passed by for the day Block Vote (Voice Vote)

upper

Feb 12, 2026

Upper · Passed

Senate committee offered

upper

Feb 12, 2026

Upper · Passed

Reported from Education and Health with substitute (12-Y 0-N 3-A)

upper

Feb 11, 2026

Upper · Passed

Senate subcommittee offered

upper

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 · 1 co-sponsor