Bill
Bill > HB1385
summary
Introduced
01/21/2026
01/21/2026
In Committee
02/26/2026
02/26/2026
Crossed Over
03/14/2026
03/14/2026
Passed
03/30/2026
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 HB 780, HB 939, and HB 1069 and is identical to SB 494.
AI Summary
This bill modifies the membership and duties of governing boards for public higher education institutions in Virginia, primarily by extending the term for board members from four to six years and mandating that these boards establish policies for "shared governance," which means defining how different parts of the institution, like faculty, staff, and students, work together 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 universities 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 requiring board members to recuse themselves from decisions where they have a personal or partisan interest that could compromise their objectivity. Additionally, the bill clarifies that governing boards must adopt bylaws for their own governance, including transparency requirements and adherence to the Virginia Freedom of Information Act, and it mandates that faculty, staff, and student representatives on these boards be nonvoting and advisory, with specific election or nomination processes. The bill also emphasizes the primary duties of governing boards to advance the institution's and the Commonwealth's interests and prohibits policies that restrict expression based on viewpoint or censor professors' free speech and academic freedom.
Committee Categories
Education, Health and Social Services
Sponsors (2)
Last Action
Governor's recommendation received by House (on 04/13/2026)
Official Document
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