{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-303.html"}],"law_id":77331,"edition_id":1,"section_id":77331,"structure_id":14172,"section_number":"23.1-303","catch_line":"Calculation of state general fund share of an institution’s basic operations and instruction funding need; cost of education","history":"2011, cc. 828, 869, \u00a7 23-38.87:13; 2016, c. 588.","full_text":"A\n\nFollowing consultation with each public institution of higher education and the Higher Education Advisory Committee described in § 23.1-309, the Council shall calculate the basic operations and instruction funding need of each public institution of higher education as provided in subsection B for each year of the next biennium and make such calculation available to the Governor, the General Assembly, and all public institutions of higher education. The Governor shall take into account each institution’s basic operations and instruction funding need and the Commonwealth’s funding split policy established in the general appropriation act by which 67 percent of an institution’s cost of education for Virginia students is funded from the state general fund and 33 percent from funds other than the state general fund during the preparation of his proposed biennial budget bill for the next biennium, and the General Assembly shall take such items into account in enacting the general appropriation act for the next biennium. Between such biennial recalculations, the General Assembly may increase or decrease the appropriation of basic operations and instruction funding to a public institution of higher education to correspond with an increase or decrease in Virginia undergraduate student enrollment at the institution as provided in § 23.1-304, or the institution’s meeting or not meeting targeted financial incentives listed in § 23.1-305, or for any other purpose deemed appropriate by the General Assembly.B\n\nThe basic operations and instruction funding need of each public institution of higher education for each fiscal year of the biennium shall consist of the sum of (i) the institution’s cost of education for the total enrollment in actual attendance during the fiscal year that ended on June 30 of each odd-numbered year, which shall be determined using a cost-based funding policy that consists of (a) a set of formulas for calculating (1) educational cost based on faculty-student ratios by discipline and level and (2) the educational and general programs of instruction, academic support, student services, institutional support, and operation and maintenance of physical plant and (b) adjustments based on particular state policies or specific institutional missions or conditions; (ii) the amount required to reach the Commonwealth’s faculty salary goal of the 60th percentile of the most recently reported average faculty salaries paid by that institution’s peer institutions as established in the general appropriation act; and (iii) such other funding for educational and general services as the General Assembly may appropriate.C\n\nState general funds shall be allocated and appropriated to public institutions of higher education in a fair and equitable manner such that, to the extent practicable, the percentage of the cost of education for Virginia students enrolled at an institution to be funded from state general funds is the same for each institution. To the extent that the percentages differ among institutions, that fact shall be taken into account as the Governor deems appropriate in his proposed biennial budget bill and by the General Assembly as it deems appropriate in the general appropriation act.","order_by":null,"text":{"0":{"id":277354,"text":"Following consultation with each public institution of higher education and the Higher Education Advisory Committee described in § 23.1-309, the Council shall calculate the basic operations and instruction funding need of each public institution of higher education as provided in subsection B for each year of the next biennium and make such calculation available to the Governor, the General Assembly, and all public institutions of higher education. The Governor shall take into account each institution’s basic operations and instruction funding need and the Commonwealth’s funding split policy established in the general appropriation act by which 67 percent of an institution’s cost of education for Virginia students is funded from the state general fund and 33 percent from funds other than the state general fund during the preparation of his proposed biennial budget bill for the next biennium, and the General Assembly shall take such items into account in enacting the general appropriation act for the next biennium. Between such biennial recalculations, the General Assembly may increase or decrease the appropriation of basic operations and instruction funding to a public institution of higher education to correspond with an increase or decrease in Virginia undergraduate student enrollment at the institution as provided in § 23.1-304, or the institution’s meeting or not meeting targeted financial incentives listed in § 23.1-305, or for any other purpose deemed appropriate by the General Assembly.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277355,"text":"The basic operations and instruction funding need of each public institution of higher education for each fiscal year of the biennium shall consist of the sum of (i) the institution’s cost of education for the total enrollment in actual attendance during the fiscal year that ended on June 30 of each odd-numbered year, which shall be determined using a cost-based funding policy that consists of (a) a set of formulas for calculating (1) educational cost based on faculty-student ratios by discipline and level and (2) the educational and general programs of instruction, academic support, student services, institutional support, and operation and maintenance of physical plant and (b) adjustments based on particular state policies or specific institutional missions or conditions; (ii) the amount required to reach the Commonwealth’s faculty salary goal of the 60th percentile of the most recently reported average faculty salaries paid by that institution’s peer institutions as established in the general appropriation act; and (iii) such other funding for educational and general services as the General Assembly may appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277356,"text":"State general funds shall be allocated and appropriated to public institutions of higher education in a fair and equitable manner such that, to the extent practicable, the percentage of the cost of education for Virginia students enrolled at an institution to be funded from state general funds is the same for each institution. To the extent that the percentages differ among institutions, that fact shall be taken into account as the Governor deems appropriate in his proposed biennial budget bill and by the General Assembly as it deems appropriate in the general appropriation act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14172,"edition_id":1,"name":"The Virginia Higher Education Opportunity Act of 2011","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13393,"metadata":{},"date_created":"2026-06-26 03:47:08","date_modified":"2026-06-26 03:47:08","permalink":{"id":184801,"object_type":"structure","relational_id":14172,"identifier":"3","token":"23.1\/I\/3","url":"\/23.1\/I\/3\/","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":55344,"structure_id":14172,"section_number":"23.1-300","catch_line":"Definitions","url":"\/23.1-300\/","token":"23.1\/I\/3\/23.1-300","metadata":false},{"id":55357,"structure_id":14172,"section_number":"23.1-301","catch_line":"Short title; objective; purposes","url":"\/23.1-301\/","token":"23.1\/I\/3\/23.1-301","metadata":false},{"id":57437,"structure_id":14172,"section_number":"23.1-302","catch_line":"Public institutions of higher education; funding","url":"\/23.1-302\/","token":"23.1\/I\/3\/23.1-302","metadata":false},{"id":77331,"structure_id":14172,"section_number":"23.1-303","catch_line":"Calculation of state general fund share of an institution's basic operations and instruction funding need; cost of education","url":"\/23.1-303\/","token":"23.1\/I\/3\/23.1-303","metadata":false},{"id":55707,"structure_id":14172,"section_number":"23.1-304","catch_line":"Per student enrollment-based funding at public institutions of higher education","url":"\/23.1-304\/","token":"23.1\/I\/3\/23.1-304","metadata":false},{"id":64815,"structure_id":14172,"section_number":"23.1-305","catch_line":"Public institutions of higher education; targeted economic and innovation incentives","url":"\/23.1-305\/","token":"23.1\/I\/3\/23.1-305","metadata":false},{"id":68012,"structure_id":14172,"section_number":"23.1-306","catch_line":"Public institutions of higher education; six-year plans; institutional partnership performance agreements","url":"\/23.1-306\/","token":"23.1\/I\/3\/23.1-306","metadata":false},{"id":73297,"structure_id":14172,"section_number":"23.1-307","catch_line":"Public institutions of higher education; tuition and fees","url":"\/23.1-307\/","token":"23.1\/I\/3\/23.1-307","metadata":false},{"id":59471,"structure_id":14172,"section_number":"23.1-308","catch_line":"STEM public-private partnership established; duties","url":"\/23.1-308\/","token":"23.1\/I\/3\/23.1-308","metadata":false},{"id":70221,"structure_id":14172,"section_number":"23.1-309","catch_line":"Higher Education Advisory Committee established; duties","url":"\/23.1-309\/","token":"23.1\/I\/3\/23.1-309","metadata":false},{"id":70567,"structure_id":14172,"section_number":"23.1-310","catch_line":"Assessment and certification of institutions by the Council","url":"\/23.1-310\/","token":"23.1\/I\/3\/23.1-310","metadata":false}],"previous_section":{"id":57437,"structure_id":14172,"section_number":"23.1-302","catch_line":"Public institutions of higher education; funding","url":"\/23.1-302\/","token":"23.1\/I\/3\/23.1-302","metadata":false},"next_section":{"id":55707,"structure_id":14172,"section_number":"23.1-304","catch_line":"Per student enrollment-based funding at public institutions of higher education","url":"\/23.1-304\/","token":"23.1\/I\/3\/23.1-304","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-303\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapters 828<\/a> and 869<\/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 1 time. 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. That modification is as follows: in 2016, chapter 588<\/a>.<\/p>","references":[{"id":70910,"section_number":"23.1-2108","catch_line":"Powers and duties","order_by":null,"url":"\/23.1-2108\/"},{"id":57437,"section_number":"23.1-302","catch_line":"Public institutions of higher education; funding","order_by":null,"url":"\/23.1-302\/"},{"id":68012,"section_number":"23.1-306","catch_line":"Public institutions of higher education; six-year plans; institutional partnership performance agreements","order_by":null,"url":"\/23.1-306\/"},{"id":73297,"section_number":"23.1-307","catch_line":"Public institutions of higher education; tuition and fees","order_by":null,"url":"\/23.1-307\/"},{"id":70221,"section_number":"23.1-309","catch_line":"Higher Education Advisory Committee established; duties","order_by":null,"url":"\/23.1-309\/"}],"refers_to":[{"id":55707,"section_number":"23.1-304","catch_line":"Per student enrollment-based funding at public institutions of higher education","order_by":null,"url":"\/23.1-304\/"},{"id":64815,"section_number":"23.1-305","catch_line":"Public institutions of higher education; targeted economic and innovation incentives","order_by":null,"url":"\/23.1-305\/"},{"id":70221,"section_number":"23.1-309","catch_line":"Higher Education Advisory Committee established; duties","order_by":null,"url":"\/23.1-309\/"}],"permalink":{"id":184815,"object_type":"law","relational_id":77331,"identifier":"23.1-303","token":"23.1\/I\/3\/23.1-303","url":"\/23.1-303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-303\/","token":"23.1\/I\/3\/23.1-303","dublin_core":{"Title":"Calculation of state general fund share of an institution’s basic operations and instruction funding need; cost of education","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Following consultation with each public institution of higher education<\/span> and the Higher Education Advisory Committee described in § 23.1-309<\/a>, the Council<\/span> shall calculate the basic operations and instruction funding need of each public institution of higher education<\/span> as provided in subsection B for each year of the next biennium and make such calculation available to the Governor, the General Assembly, and all public institutions of higher education. The Governor shall take into account each institution’s basic operations and instruction funding need and the Commonwealth’s funding split policy established in the general appropriation act by which 67 percent of an institution’s cost of education<\/span> for Virginia students<\/span> is funded from the state general fund and 33 percent from funds other than the state general fund during the preparation of his proposed biennial budget bill for the next biennium, and the General Assembly shall take such items into account in enacting the general appropriation act for the next biennium. Between such biennial recalculations, the General Assembly may increase or decrease the appropriation of basic operations and instruction funding to a public institution of higher education<\/span> to correspond with an increase or decrease in Virginia undergraduate student enrollment<\/span> at the institution as provided in § 23.1-304<\/a>, or the institution’s meeting or not meeting targeted financial incentives listed in § 23.1-305<\/a>, or for any other purpose deemed appropriate by the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The basic operations and instruction funding need of each public institution of higher education<\/span> for each fiscal year<\/span> of the biennium shall consist of the sum of (i) the institution’s cost of education<\/span> for the total enrollment in actual attendance during the fiscal year<\/span> that ended on June 30 of each odd-numbered year, which shall be determined using a cost-based funding policy that consists of (a) a set of formulas for calculating (1) educational cost based on faculty-student ratios by discipline and level and (2) the educational and general programs of instruction, academic support, student services, institutional support, and operation and maintenance of physical plant and (b) adjustments based on particular state policies or specific institutional missions or conditions; (ii) the amount required to reach the Commonwealth’s faculty salary goal of the 60th percentile of the most recently reported average faculty salaries paid by that institution’s peer institutions<\/span> as established in the general appropriation act; and (iii) such other funding for educational and general services<\/span> as the General Assembly may appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> State general funds shall be allocated and appropriated to public institutions of higher education in a fair and equitable<\/span> manner such that, to the extent practicable, the percentage of the cost of education<\/span> for Virginia students<\/span> enrolled at an institution to be funded from state general funds is the same for each institution. To the extent that the percentages differ among institutions, that fact<\/span> shall be taken into account as the Governor deems appropriate in his proposed biennial budget bill and by the General Assembly as it deems appropriate in the general appropriation act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCALCULATION OF STATE GENERAL FUND SHARE OF AN INSTITUTION’S BASIC\nOPERATIONS AND INSTRUCTION FUNDING NEED; COST OF EDUCATION (\u00a7 23.1-303)\n\nA. Following consultation with each public institution of higher education and\nthe Higher Education Advisory Committee described in § 23.1-309, the\nCouncil shall calculate the basic operations and instruction funding need of\neach public institution of higher education as provided in subsection B for each\nyear of the next biennium and make such calculation available to the Governor,\nthe General Assembly, and all public institutions of higher education. The\nGovernor shall take into account each institution’s basic operations and\ninstruction funding need and the Commonwealth’s funding split policy\nestablished in the general appropriation act by which 67 percent of an\ninstitution’s cost of education for Virginia students is funded from the\nstate general fund and 33 percent from funds other than the state general fund\nduring the preparation of his proposed biennial budget bill for the next\nbiennium, and the General Assembly shall take such items into account in\nenacting the general appropriation act for the next biennium. Between such\nbiennial recalculations, the General Assembly may increase or decrease the\nappropriation of basic operations and instruction funding to a public\ninstitution of higher education to correspond with an increase or decrease in\nVirginia undergraduate student enrollment at the institution as provided in\n§ 23.1-304, or the institution’s meeting or not meeting targeted\nfinancial incentives listed in § 23.1-305, or for any other purpose deemed\nappropriate by the General Assembly.\n\nB. The basic operations and instruction funding need of each public institution\nof higher education for each fiscal year of the biennium shall consist of the\nsum of (i) the institution’s cost of education for the total enrollment in\nactual attendance during the fiscal year that ended on June 30 of each\nodd-numbered year, which shall be determined using a cost-based funding policy\nthat consists of (a) a set of formulas for calculating (1) educational cost\nbased on faculty-student ratios by discipline and level and (2) the educational\nand general programs of instruction, academic support, student services,\ninstitutional support, and operation and maintenance of physical plant and (b)\nadjustments based on particular state policies or specific institutional\nmissions or conditions; (ii) the amount required to reach the\nCommonwealth’s faculty salary goal of the 60th percentile of the most\nrecently reported average faculty salaries paid by that institution’s peer\ninstitutions as established in the general appropriation act; and (iii) such\nother funding for educational and general services as the General Assembly may\nappropriate.\n\nC. State general funds shall be allocated and appropriated to public\ninstitutions of higher education in a fair and equitable manner such that, to\nthe extent practicable, the percentage of the cost of education for Virginia\nstudents enrolled at an institution to be funded from state general funds is the\nsame for each institution. To the extent that the percentages differ among\ninstitutions, that fact shall be taken into account as the Governor deems\nappropriate in his proposed biennial budget bill and by the General Assembly as\nit deems appropriate in the general appropriation act.\n\nHISTORY: 2011, cc. 828, 869, \u00a7 23-38.87:13; 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}}