{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-1003.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-1003.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-1003.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-1003.html"}],"law_id":72882,"edition_id":1,"section_id":72882,"structure_id":16621,"section_number":"23.1-1003","catch_line":"Memoranda of understanding","history":"2005, cc. 933, 945, \u00a7\u00a7 23-38.88, 23-38.90; 2006, c. 775; 2008, cc. 824, 829; 2009, cc. 827, 845; 2011, cc. 332, 828, 869; 2013, cc. 438, 482; 2014, c. 628; 2016, c. 588.","full_text":"A\n\nEach public institution of higher education that meets the state goals set forth in subsection A of \u00a7 23.1-1002 may enter into a memorandum of understanding with the appropriate Cabinet Secretary, as designated by the Governor, for restructured operational authority in any operational area adopted by the General Assembly in accordance with law, provided that the authority granted in the memorandum of understanding is consistent with that institution’s ability to manage its operations in the particular area and:1\n\nThe institution is certified by the Council pursuant to § 23.1-206 or 23.1-310 for the most recent year that the Council has completed certification;2\n\nAn absolute two-thirds or more of the institution’s governing board has voted in the affirmative for a resolution expressing the sense of the board that the institution is qualified to be, and should be, governed by memoranda of understanding;3\n\nThe institution adopts at least one new measure for each area of operational authority for which a memorandum of understanding is requested. Each measure shall be developed in consultation with (i) the appropriate Cabinet Secretary or (ii) the Secretary of Education and the Council if the measure is education-related. Any education-related measure is subject to the approval of the Council; and4\n\nThe institution posts on the Department of General Services’ central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Commonwealth’s procurement opportunities on one website.B\n\nWithin 15 days of receipt of a request from a public institution of higher education to enter into a memorandum of understanding, the Cabinet Secretary receiving the request shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the request. The Cabinet Secretary shall determine within 90 calendar days whether to enter into the requested memorandum of understanding or a modified memorandum of understanding.C\n\nIf the Cabinet Secretary enters into a memorandum of understanding with the public institution of higher education, he shall forward a copy of the governing board’s resolution and a copy of the memorandum of understanding to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. Each initial memorandum of understanding shall remain in effect for three years. Subsequent memoranda of understanding shall remain in effect for five years.D\n\nIf the Cabinet Secretary does not enter into a memorandum of understanding with the public institution of higher education, he shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the reasons for denying the institution’s request. If an institution’s request is denied, nothing in this section shall prohibit a public institution of higher education from submitting a future request to enter into a memorandum of understanding pursuant to this section.","order_by":null,"text":{"0":{"id":262596,"text":"Each public institution of higher education that meets the state goals set forth in subsection A of \u00a7 23.1-1002 may enter into a memorandum of understanding with the appropriate Cabinet Secretary, as designated by the Governor, for restructured operational authority in any operational area adopted by the General Assembly in accordance with law, provided that the authority granted in the memorandum of understanding is consistent with that institution’s ability to manage its operations in the particular area and:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":262597,"text":"The institution is certified by the Council pursuant to § 23.1-206 or 23.1-310 for the most recent year that the Council has completed certification;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":262598,"text":"An absolute two-thirds or more of the institution’s governing board has voted in the affirmative for a resolution expressing the sense of the board that the institution is qualified to be, and should be, governed by memoranda of understanding;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":262599,"text":"The institution adopts at least one new measure for each area of operational authority for which a memorandum of understanding is requested. Each measure shall be developed in consultation with (i) the appropriate Cabinet Secretary or (ii) the Secretary of Education and the Council if the measure is education-related. Any education-related measure is subject to the approval of the Council; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":262600,"text":"The institution posts on the Department of General Services’ central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Commonwealth’s procurement opportunities on one website.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":262601,"text":"Within 15 days of receipt of a request from a public institution of higher education to enter into a memorandum of understanding, the Cabinet Secretary receiving the request shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the request. The Cabinet Secretary shall determine within 90 calendar days whether to enter into the requested memorandum of understanding or a modified memorandum of understanding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":262602,"text":"If the Cabinet Secretary enters into a memorandum of understanding with the public institution of higher education, he shall forward a copy of the governing board’s resolution and a copy of the memorandum of understanding to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. Each initial memorandum of understanding shall remain in effect for three years. Subsequent memoranda of understanding shall remain in effect for five years.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":262603,"text":"If the Cabinet Secretary does not enter into a memorandum of understanding with the public institution of higher education, he shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the reasons for denying the institution’s request. If an institution’s request is denied, nothing in this section shall prohibit a public institution of higher education from submitting a future request to enter into a memorandum of understanding pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16621,"edition_id":1,"name":"Restructured Financial and Administrative Authority; Memorandum of Understanding","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14809,"metadata":{},"date_created":"2026-06-26 04:27:59","date_modified":"2026-06-26 04:27:59","permalink":{"id":185533,"object_type":"structure","relational_id":16621,"identifier":"3","token":"23.1\/III\/10\/3","url":"\/23.1\/III\/10\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14809,"edition_id":1,"name":"Restructured Higher Education Financial and Administrative Operations Act","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":14060,"metadata":{},"date_created":"2026-06-26 03:50:04","date_modified":"2026-06-26 03:50:04","permalink":{"id":185515,"object_type":"structure","relational_id":14809,"identifier":"10","token":"23.1\/III\/10","url":"\/23.1\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14060,"edition_id":1,"name":"Management and Financing","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:46:44","date_modified":"2026-06-26 03:46:44","permalink":{"id":185513,"object_type":"structure","relational_id":14060,"identifier":"III","token":"23.1\/III","url":"\/23.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72882,"structure_id":16621,"section_number":"23.1-1003","catch_line":"Memoranda of understanding","url":"\/23.1-1003\/","token":"23.1\/III\/10\/3\/23.1-1003","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-1003\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 933<\/a> and 945<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2006, chapter 775<\/a>; in 2008, chapters 824<\/a> and 829<\/a>; in 2009, chapters 827<\/a> and 845<\/a>; in 2011, chapters 332<\/a>, 828<\/a>, and 869<\/a>; in 2013, chapters 438<\/a> and 482<\/a>; in 2014, chapter 628<\/a>; in 2016, chapter 588<\/a>.<\/p>","references":[{"id":59483,"section_number":"2.2-4321","catch_line":"Debarment","order_by":null,"url":"\/2.2-4321\/"},{"id":84570,"section_number":"2.2-4379","catch_line":"Definitions","order_by":null,"url":"\/2.2-4379\/"},{"id":72164,"section_number":"23.1-1004","catch_line":"Management agreement; eligibility and application","order_by":null,"url":"\/23.1-1004\/"}],"refers_to":[{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":67622,"section_number":"23.1-206","catch_line":"Assessments of the performance of public institutions of higher education","order_by":null,"url":"\/23.1-206\/"},{"id":70567,"section_number":"23.1-310","catch_line":"Assessment and certification of institutions by the Council","order_by":null,"url":"\/23.1-310\/"}],"permalink":{"id":185535,"object_type":"law","relational_id":72882,"identifier":"23.1-1003","token":"23.1\/III\/10\/3\/23.1-1003","url":"\/23.1-1003\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-1003\/","token":"23.1\/III\/10\/3\/23.1-1003","dublin_core":{"Title":"Memoranda of understanding","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-1003","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each public institution of higher education<\/span> that meets the state goals set forth in subsection A of \u00a7 23.1-1002<\/a> may enter into a memorandum<\/span> of understanding with the appropriate Cabinet Secretary, as designated by the Governor, for restructured operational authority in any operational area adopted by the General Assembly in accordance with law<\/span>, provided that the authority granted in the memorandum<\/span> of understanding is consistent with that institution’s ability to manage its operations in the particular area and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The institution is certified by the Council<\/span> pursuant to § 23.1-206<\/a> or 23.1-310<\/a> for the most recent year that the Council<\/span> has completed certification; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An absolute two-thirds or more of the institution’s governing board<\/span> has voted in the affirmative for a resolution expressing the sense of the board that the institution is qualified to be, and should be, governed by memoranda of understanding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The institution adopts at least one new measure for each area of operational authority for which a memorandum<\/span> of understanding is requested. Each measure shall be developed in consultation with (i) the appropriate Cabinet Secretary or (ii) the Secretary of Education and the Council<\/span> if the measure is education-related. Any education-related measure is subject to the approval of the Council<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The institution posts on the Department of General Services’ central electronic procurement website all Invitations to Bid, Requests for Proposal, sole source award notices, and emergency award notices to ensure visibility and access to the Commonwealth’s procurement opportunities on one website. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Within 15 days of receipt of a request from a public institution of higher education<\/span> to enter into a memorandum<\/span> of understanding, the Cabinet Secretary receiving the request shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the request. The Cabinet Secretary shall determine within 90 calendar days whether to enter into the requested memorandum<\/span> of understanding or a modified memorandum<\/span> of understanding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Cabinet Secretary enters into a memorandum<\/span> of understanding with the public institution of higher education<\/span>, he shall forward a copy of the governing board<\/span>’s resolution and a copy of the memorandum<\/span> of understanding to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. Each initial memorandum<\/span> of understanding shall remain in effect for three years. Subsequent memoranda of understanding shall remain in effect for five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Cabinet Secretary does not enter into a memorandum<\/span> of understanding with the public institution of higher education<\/span>, he shall notify the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the reasons for denying the institution’s request. If an institution’s request is denied, nothing in this section shall prohibit a public institution of higher education<\/span> from submitting a future request to enter into a memorandum<\/span> of understanding pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEMORANDA OF UNDERSTANDING (\u00a7 23.1-1003)\n\nA. Each public institution of higher education that meets the state goals set\nforth in subsection A of \u00a7 23.1-1002 may enter into a memorandum of\nunderstanding with the appropriate Cabinet Secretary, as designated by the\nGovernor, for restructured operational authority in any operational area adopted\nby the General Assembly in accordance with law, provided that the authority\ngranted in the memorandum of understanding is consistent with that\ninstitution’s ability to manage its operations in the particular area and:\n\n 1. The institution is certified by the Council pursuant to § 23.1-206 or\n 23.1-310 for the most recent year that the Council has completed\n certification;\n\n 2. An absolute two-thirds or more of the institution’s governing board\n has voted in the affirmative for a resolution expressing the sense of the\n board that the institution is qualified to be, and should be, governed by\n memoranda of understanding;\n\n 3. The institution adopts at least one new measure for each area of\n operational authority for which a memorandum of understanding is requested.\n Each measure shall be developed in consultation with (i) the appropriate\n Cabinet Secretary or (ii) the Secretary of Education and the Council if the\n measure is education-related. Any education-related measure is subject to the\n approval of the Council; and\n\n 4. The institution posts on the Department of General Services’ central\n electronic procurement website all Invitations to Bid, Requests for Proposal,\n sole source award notices, and emergency award notices to ensure visibility\n and access to the Commonwealth’s procurement opportunities on one\n website.\n\nB. Within 15 days of receipt of a request from a public institution of higher\neducation to enter into a memorandum of understanding, the Cabinet Secretary\nreceiving the request shall notify the Chairmen of the House Committee on\nAppropriations and the Senate Committee on Finance and Appropriations of the\nrequest. The Cabinet Secretary shall determine within 90 calendar days whether\nto enter into the requested memorandum of understanding or a modified memorandum\nof understanding.\n\nC. If the Cabinet Secretary enters into a memorandum of understanding with the\npublic institution of higher education, he shall forward a copy of the governing\nboard’s resolution and a copy of the memorandum of understanding to the\nChairmen of the House Committee on Appropriations and the Senate Committee on\nFinance and Appropriations. Each initial memorandum of understanding shall\nremain in effect for three years. Subsequent memoranda of understanding shall\nremain in effect for five years.\n\nD. If the Cabinet Secretary does not enter into a memorandum of understanding\nwith the public institution of higher education, he shall notify the Chairmen of\nthe House Committee on Appropriations and the Senate Committee on Finance and\nAppropriations of the reasons for denying the institution’s request. If an\ninstitution’s request is denied, nothing in this section shall prohibit a\npublic institution of higher education from submitting a future request to enter\ninto a memorandum of understanding pursuant to this section.\n\nHISTORY: 2005, cc. 933, 945, \u00a7\u00a7 23-38.88, 23-38.90; 2006, c. 775; 2008, cc.\n824, 829; 2009, cc. 827, 845; 2011, cc. 332, 828, 869; 2013, cc. 438, 482; 2014,\nc. 628; 2016, c. 588.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}