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VA SB494

VA SB494
Higher educational institutions, public; membership of governing boards.


summary

Introduced
01/13/2026
In Committee
03/04/2026
Crossed Over
03/14/2026
Passed
03/30/2026
Dead

Introduced Session

2026 Regular Regular Session

Bill 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.

AI Summary

This bill modifies the governance of public higher education institutions in Virginia by increasing the term limits for governing board members from four to six years and requiring these boards to establish policies for "shared governance," which means defining how different parts of the institution, like faculty, staff, and students, participate in decision-making. The bill also directs the State Council of Higher Education for Virginia (SCHEV) to create model shared governance policies and to convene work groups to study and recommend improvements regarding how public institutions handle legal counsel, including processes for reviewing and potentially changing legal representation if it's not serving the institution's best interests, and to develop policies for board members to recuse themselves from decisions where they have a personal or partisan interest. Additionally, the bill mandates training for governing board members on their duties and ethical responsibilities, and clarifies that governing boards must not restrict expression based on viewpoint or censor professors' free speech or academic freedom.

Committee Categories

Education, Health and Social Services

Sponsors (2)

Last Action

Governor's recommendation received by Senate (on 04/13/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/SB494
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494S3
Governor's Recommendation SB494 https://lis.virginia.gov/bill-details/20261/SB494/text/SB494AG
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB494) https://lis.blob.core.windows.net/files/1215317.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494ER
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494S2
Conference Report SB494 https://lis.virginia.gov/bill-details/20261/SB494/text/SB494AC
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB494) https://lis.blob.core.windows.net/files/1196452.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494H1
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494HC2
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494HC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB494) https://lis.blob.core.windows.net/files/1171958.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494S1
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494SC2
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494SC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB494) https://lis.blob.core.windows.net/files/1127882.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB494/text/SB494
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