{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-105.html"}],"law_id":62159,"edition_id":1,"section_id":62159,"structure_id":13395,"section_number":"23.1-105","catch_line":"Contracts with certain nonprofit private institutions of higher education","history":"1975, c. 399, \u00a7 23-9.10:3; 1991, c. 590; 2015, c. 709; 2016, c. 588.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Private college” means a nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education.\n\t\t\t“Services” includes a program or course of study offered or approved to be offered by a public institution of higher education or private college; use of professional personnel; use of any real or personal property owned, controlled, or leased for educational or related purposes by a public institution of higher education or private college; study, research, or investigation or similar activity by employees or students, or both, of a public institution of higher education or private college; or any other activity (i) dealing with scientific, technological, humanistic, or other educational or related subjects or (ii) providing public service or student service activities.B\n\nThe Commonwealth and any of its political subdivisions may contract to obtain from or furnish to private colleges educational or related services.C\n\nNo contract for services between private colleges and public institutions of higher education or educational agencies of the Commonwealth, including the Board of Education, is valid unless approved by the Council.D\n\nExcept as provided in subsection C, contracts for services between private colleges and the Commonwealth or any of its political subdivisions may be entered into in any circumstance in which the Commonwealth or its political subdivisions would, by virtue of law, have authority to contract with private contractors for educational or related services and public institutions of higher education. Private colleges shall report such contracts to the Council.E\n\nThe Council shall provide continuing evaluation of the effectiveness of and make recommendations regarding contracts made pursuant to this section.F\n\nThe authority to contract for educational or related services includes the authority to accept gifts, donations, and matching funds to facilitate or advance programs.G\n\nUnless an appropriation act specifically provides otherwise, all appropriations shall be construed to authorize contracts with private colleges for the provision of educational or related services that may be the subject of or included in the appropriation.H\n\nNothing in this section shall be construed to restrict or prohibit the use of any federal, state, or local funds made available under any federal, state, or local appropriation or grant.","order_by":null,"text":{"0":{"id":226753,"text":"For the purposes of this section:\n\t\t\t“Private college” means a nonprofit private institution of higher education whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education.\n\t\t\t“Services” includes a program or course of study offered or approved to be offered by a public institution of higher education or private college; use of professional personnel; use of any real or personal property owned, controlled, or leased for educational or related purposes by a public institution of higher education or private college; study, research, or investigation or similar activity by employees or students, or both, of a public institution of higher education or private college; or any other activity (i) dealing with scientific, technological, humanistic, or other educational or related subjects or (ii) providing public service or student service activities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226754,"text":"The Commonwealth and any of its political subdivisions may contract to obtain from or furnish to private colleges educational or related services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226755,"text":"No contract for services between private colleges and public institutions of higher education or educational agencies of the Commonwealth, including the Board of Education, is valid unless approved by the Council.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226756,"text":"Except as provided in subsection C, contracts for services between private colleges and the Commonwealth or any of its political subdivisions may be entered into in any circumstance in which the Commonwealth or its political subdivisions would, by virtue of law, have authority to contract with private contractors for educational or related services and public institutions of higher education. Private colleges shall report such contracts to the Council.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":226757,"text":"The Council shall provide continuing evaluation of the effectiveness of and make recommendations regarding contracts made pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":226758,"text":"The authority to contract for educational or related services includes the authority to accept gifts, donations, and matching funds to facilitate or advance programs.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":226759,"text":"Unless an appropriation act specifically provides otherwise, all appropriations shall be construed to authorize contracts with private colleges for the provision of educational or related services that may be the subject of or included in the appropriation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":226760,"text":"Nothing in this section shall be construed to restrict or prohibit the use of any federal, state, or local funds made available under any federal, state, or local appropriation or grant.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13395,"edition_id":1,"name":"General Provisions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13394,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":184593,"object_type":"structure","relational_id":13395,"identifier":"2","token":"23.1\/I\/1\/2","url":"\/23.1\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13394,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13393,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":184585,"object_type":"structure","relational_id":13394,"identifier":"1","token":"23.1\/I\/1","url":"\/23.1\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13393,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":184583,"object_type":"structure","relational_id":13393,"identifier":"I","token":"23.1\/I","url":"\/23.1\/I\/","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":84777,"structure_id":13395,"section_number":"23.1-101","catch_line":"Endowment funds of public institutions of higher education","url":"\/23.1-101\/","token":"23.1\/I\/1\/2\/23.1-101","metadata":false},{"id":77600,"structure_id":13395,"section_number":"23.1-102","catch_line":"Chief executive officer of each public institution of higher education; duties","url":"\/23.1-102\/","token":"23.1\/I\/1\/2\/23.1-102","metadata":false},{"id":54364,"structure_id":13395,"section_number":"23.1-102.1","catch_line":"Executive officers; salaries","url":"\/23.1-102.1\/","token":"23.1\/I\/1\/2\/23.1-102.1","metadata":false},{"id":83553,"structure_id":13395,"section_number":"23.1-103","catch_line":"Localities; conveyance of property and appropriation of funds to Commonwealth for certain educational purposes","url":"\/23.1-103\/","token":"23.1\/I\/1\/2\/23.1-103","metadata":false},{"id":76250,"structure_id":13395,"section_number":"23.1-104","catch_line":"Disposition of lost or abandoned property","url":"\/23.1-104\/","token":"23.1\/I\/1\/2\/23.1-104","metadata":false},{"id":62159,"structure_id":13395,"section_number":"23.1-105","catch_line":"Contracts with certain nonprofit private institutions of higher education","url":"\/23.1-105\/","token":"23.1\/I\/1\/2\/23.1-105","metadata":false},{"id":61233,"structure_id":13395,"section_number":"23.1-106","catch_line":"Formation of not-for-profit benefits consortium","url":"\/23.1-106\/","token":"23.1\/I\/1\/2\/23.1-106","metadata":false},{"id":68499,"structure_id":13395,"section_number":"23.1-107","catch_line":"Private institutions of higher education; human research review committees","url":"\/23.1-107\/","token":"23.1\/I\/1\/2\/23.1-107","metadata":false},{"id":72038,"structure_id":13395,"section_number":"23.1-108","catch_line":"Foundations; annual reporting requirements","url":"\/23.1-108\/","token":"23.1\/I\/1\/2\/23.1-108","metadata":false},{"id":70104,"structure_id":13395,"section_number":"23.1-109","catch_line":"Public-private partnerships; wind and solar power","url":"\/23.1-109\/","token":"23.1\/I\/1\/2\/23.1-109","metadata":false},{"id":57349,"structure_id":13395,"section_number":"23.1-110","catch_line":"Medical schools to report information concerning fourth-year medical students to the Department of Health; Eligible Health Care Provider Reserve Directory","url":"\/23.1-110\/","token":"23.1\/I\/1\/2\/23.1-110","metadata":false}],"previous_section":{"id":76250,"structure_id":13395,"section_number":"23.1-104","catch_line":"Disposition of lost or abandoned property","url":"\/23.1-104\/","token":"23.1\/I\/1\/2\/23.1-104","metadata":false},"next_section":{"id":61233,"structure_id":13395,"section_number":"23.1-106","catch_line":"Formation of not-for-profit benefits consortium","url":"\/23.1-106\/","token":"23.1\/I\/1\/2\/23.1-106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-105\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 399 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. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1991, chapter 590; in 2015, chapter 709<\/a>; in 2016, chapter 588<\/a>.<\/p>","references":[{"id":69695,"section_number":"58.1-3660","catch_line":"Certified pollution control equipment and facilities","order_by":null,"url":"\/58.1-3660\/"}],"refers_to":false,"permalink":{"id":184615,"object_type":"law","relational_id":62159,"identifier":"23.1-105","token":"23.1\/I\/1\/2\/23.1-105","url":"\/23.1-105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-105\/","token":"23.1\/I\/1\/2\/23.1-105","dublin_core":{"Title":"Contracts with certain nonprofit private institutions of higher education","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Private college<\/span>” means a nonprofit private institution of higher education<\/span><\/span> whose primary purpose is to provide collegiate or graduate education and not to provide religious training or theological education.\n\t\t\t“Services<\/span>” includes a program or course of study offered or approved to be offered by a public institution of higher education<\/span> or private college<\/span>; use of professional personnel; use of any real or personal property owned, controlled, or leased for educational or related purposes by a public institution of higher education<\/span> or private college<\/span>; study, research, or investigation or similar activity by employees or students, or both, of a public institution of higher education<\/span> or private college<\/span>; or any other activity (i) dealing with scientific, technological, humanistic, or other educational or related subjects or (ii) providing public service or student service activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commonwealth and any of its political subdivisions may contract<\/span> to obtain from or furnish to private colleges<\/span> educational or related services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No contract<\/span> for services<\/span> between private colleges<\/span> and public institutions of higher education or educational agencies of the Commonwealth, including the Board of Education, is valid unless approved by the Council<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subsection C, contracts<\/span> for services<\/span> between private colleges<\/span> and the Commonwealth or any of its political subdivisions may be entered into in any circumstance in which the Commonwealth or its political subdivisions would, by virtue of law<\/span>, have authority to contract<\/span> with private contractors for educational or related services<\/span> and public institutions of higher education. Private colleges<\/span> shall report such contracts<\/span> to the Council<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Council<\/span> shall provide continuing evaluation of the effectiveness of and make recommendations regarding contracts<\/span> made pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The authority to contract<\/span> for educational or related services<\/span> includes the authority to accept gifts, donations, and matching funds to facilitate or advance programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Unless an appropriation act specifically provides otherwise, all appropriations shall be construed to authorize contracts<\/span> with private colleges<\/span> for the provision of educational or related services<\/span> that may be the subject of or included in the appropriation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall be construed to restrict or prohibit the use of any federal, state, or local funds made available under any federal, state, or local appropriation or grant. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTRACTS WITH CERTAIN NONPROFIT PRIVATE INSTITUTIONS OF HIGHER EDUCATION (\u00a7\n23.1-105)\n\nA. For the purposes of this section:\n\t\t\t“Private college” means a nonprofit private institution of higher\neducation whose primary purpose is to provide collegiate or graduate education\nand not to provide religious training or theological education.\n\t\t\t“Services” includes a program or course of study offered or\napproved to be offered by a public institution of higher education or private\ncollege; use of professional personnel; use of any real or personal property\nowned, controlled, or leased for educational or related purposes by a public\ninstitution of higher education or private college; study, research, or\ninvestigation or similar activity by employees or students, or both, of a public\ninstitution of higher education or private college; or any other activity (i)\ndealing with scientific, technological, humanistic, or other educational or\nrelated subjects or (ii) providing public service or student service activities.\n\nB. The Commonwealth and any of its political subdivisions may contract to obtain\nfrom or furnish to private colleges educational or related services.\n\nC. No contract for services between private colleges and public institutions of\nhigher education or educational agencies of the Commonwealth, including the\nBoard of Education, is valid unless approved by the Council.\n\nD. Except as provided in subsection C, contracts for services between private\ncolleges and the Commonwealth or any of its political subdivisions may be\nentered into in any circumstance in which the Commonwealth or its political\nsubdivisions would, by virtue of law, have authority to contract with private\ncontractors for educational or related services and public institutions of\nhigher education. Private colleges shall report such contracts to the Council.\n\nE. The Council shall provide continuing evaluation of the effectiveness of and\nmake recommendations regarding contracts made pursuant to this section.\n\nF. The authority to contract for educational or related services includes the\nauthority to accept gifts, donations, and matching funds to facilitate or\nadvance programs.\n\nG. Unless an appropriation act specifically provides otherwise, all\nappropriations shall be construed to authorize contracts with private colleges\nfor the provision of educational or related services that may be the subject of\nor included in the appropriation.\n\nH. Nothing in this section shall be construed to restrict or prohibit the use of\nany federal, state, or local funds made available under any federal, state, or\nlocal appropriation or grant.\n\nHISTORY: 1975, c. 399, \u00a7 23-9.10:3; 1991, c. 590; 2015, c. 709; 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}}