{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-306.html"}],"law_id":68012,"edition_id":1,"section_id":68012,"structure_id":14172,"section_number":"23.1-306","catch_line":"Public institutions of higher education; six-year plans; institutional partnership performance agreements","history":"2011, cc. 828, 869, \u00a7\u00a7 23-38.87:15, 23-38.87:17; 2016, cc. 149, 588; 2018, c. 487; 2019, cc. 794, 795; 2024, c. 217; 2025, c. 144.","full_text":"A\n\nThe governing board of each public institution of higher education shall (i) develop and adopt biennially in odd-numbered years and amend or affirm biennially in even-numbered years a six-year plan for the institution; (ii) submit a preliminary version of such plan to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each odd-numbered year; and (iii) submit preliminary amendments to or a preliminary affirmation of each such plan to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each even-numbered year. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall include a report of the institution&#8217;s active contributions to efforts to stimulate the economic development of the Commonwealth, the area in which the institution is located, and, for those institutions subject to a management agreement set forth in Article 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10, the areas that lag behind the Commonwealth in terms of income, employment, and other factors. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. No such preliminary plan, amendments, or affirmation shall be posted on the General Assembly&#8217;s website.B\n\nThe Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Executive Director of the Council, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees, shall review each institution&#8217;s preliminary plan, amendments, or affirmation and provide comments to the institution on such plan, amendments, or affirmation by September 1 of the relevant year. Each institution shall respond to any such comments by October 1 of that year and submit a finalized version of such plan, amendments, or affirmation to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than December 1 of that year. Each such finalized version shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly&#8217;s website.C\n\nEach plan shall be structured in accordance with, and be consistent with, the objective and purposes of this chapter set forth in &#xA7; 23.1-301 and the criteria developed pursuant to &#xA7; 23.1-309 and shall be in a form and manner prescribed by the Council, in consultation with the Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Executive Director of the Council, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees.D\n\nEach six-year plan shall (i) address the institution&#8217;s academic, financial, and enrollment plans, including the number of Virginia and non-Virginia students, for the six-year period; (ii) indicate the planned use of any projected increase in general fund, tuition, or other nongeneral fund revenues; (iii) be based upon any assumptions provided by the Council, following consultation with the Department of Planning and Budget and the staffs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, for funding relating to state general fund support pursuant to \u00a7\u00a7 23.1-303, 23.1-304, and 23.1-305 and subdivision 9; (iv) be aligned with the institution&#8217;s six-year enrollment projections; and (v) include:1\n\nFinancial planning reflecting the institution&#8217;s anticipated level of general fund, tuition, and other nongeneral fund support for each year of the next biennium;2\n\nThe institution&#8217;s anticipated annual tuition and educational and general fee charges required by (i) degree level and (ii) domiciliary status, as provided in &#xA7; 23.1-307;3\n\nPlans for providing financial aid to help mitigate the impact of tuition and fee increases on low-income and middle-income students and their families as described in subdivision 9, including the projected mix of grants and loans;4\n\nDegree conferral targets for undergraduate Virginia students;5\n\nPlans for optimal year-round use of the institution&#8217;s facilities and instructional resources;6\n\nPlans for the development of an instructional resource-sharing program with other public institutions of higher education and private institutions of higher education;7\n\nPlans with regard to any other incentives set forth in &#xA7; 23.1-305 or any other matters the institution deems appropriate;8\n\nThe identification of (i) new programs or initiatives including quality improvements and (ii) institution-specific funding based on particular state policies or institution-specific programs, or both, as provided in subsection C of &#xA7; 23.1-307; and9\n\nAn institutional student financial aid commitment that, in conjunction with general funds appropriated for that purpose, provides assistance to students from both low-income and middle-income families and takes into account the information and recommendations resulting from the review of federal and state financial aid programs and institutional practices conducted pursuant to subdivisions B 2 and C 1 of &#xA7; 23.1-309.E\n\nIn developing such plans, each public institution of higher education shall consider potential future impacts of tuition increases on the Commonwealth Savers Plan and ABLE Savings Trust Accounts (&#xA7; 23.1-700 et seq.) and shall discuss such potential impacts with the Commonwealth Savers Plan. The chief executive officer of the Commonwealth Savers Plan shall provide to each institution the Plan&#8217;s assumptions underlying the contract pricing of the program.F\n\n1.  In conjunction with the plans included in the six-year plan as set forth in subsection D, each public institution of higher education, Richard Bland College, and the Virginia Community College System may submit one innovative proposal with clearly defined performance measures, including any request for necessary authority or support from the Commonwealth, for a performance pilot. If the General Assembly approves the proposed performance pilot, it shall include approval language in the general appropriation act. A performance pilot shall advance the objectives of this chapter by addressing innovative requests related to college access, affordability, cost predictability, enrollment management subject to specified commitments regarding undergraduate in-state student enrollment, alternative tuition and fee structures and affordable pathways to degree attainment, internships and work study, employment pathways for undergraduate Virginia students, strategic talent development, state or regional economic development, pathways to increase timely degree completion, or other priorities set out in the general appropriation act.2\n\nA performance pilot may include or constitute an institutional partnership performance agreement, which shall be set forth in a memorandum of understanding that includes mutually dependent commitments by the institution, the Commonwealth, and identified partners, if any, related to one or more of the priorities set forth in subdivision 1 or set forth in a general appropriation act. No such institutional partnership performance agreement shall create a legally enforceable obligation of the Commonwealth.3\n\nNo more than six performance pilots shall be approved in a single session of the General Assembly.4\n\nDevelopment and approval of any performance pilot proposal shall proceed in tandem with consideration of the institution&#8217;s six-year plan, as follows:\n\t\t\t\ta. An institution that intends to propose a performance pilot shall communicate that intention as early as practicable, but not later than April 1 of the year in which the performance pilot will be proposed, to the reviewers listed in subsection B, the co-chairmen of the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education, and the Governor. In developing a proposed performance pilot, the institution shall consider the Commonwealth&#8217;s educational and economic policies and priorities, including those reflected in the Virginia Plan for Higher Education issued by the Council, the economic development policy developed pursuant to &#xA7; 2.2-205, the strategic plan developed pursuant to &#xA7; 2.2-2237.1, relevant regional economic growth and diversification plans prepared by regional councils pursuant to the Virginia Growth and Opportunity Act (&#xA7; 2.2-2484 et seq.), and any additional guidance provided by the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education and the Governor.\n\t\t\t\tb. An institution that submits a performance pilot shall include the one innovative proposal with clearly defined performance measures, and any corresponding authority and support requested from the Commonwealth, with its submission of the preliminary version of its six-year plan pursuant to clause (ii) of subsection A or with its preliminary amendment or affirmation submission pursuant to clause (iii) of subsection A.\n\t\t\t\tc. The reviewers listed in subsection B, or their designees, shall review and comment on any proposed performance pilot in accordance with the six-year plan review and comment process established in subsection B and may expedite such review and comment process to facilitate the executive and legislative budget process or for other reasons. No later than October 15 of the relevant year, the reviewers shall communicate to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations their recommendations regarding each performance pilot proposal. Such recommendations shall include the reviewers&#8217; comments regarding how the proposed performance pilots, individually and collectively, support the strategic educational and economic policies of the Commonwealth.\n\t\t\t\td. Each performance pilot proposal shall include evidence of its approval by the institution&#8217;s governing board and, if accepted, shall be referenced in the general appropriation act.","order_by":null,"text":{"0":{"id":246234,"text":"The governing board of each public institution of higher education shall (i) develop and adopt biennially in odd-numbered years and amend or affirm biennially in even-numbered years a six-year plan for the institution; (ii) submit a preliminary version of such plan to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each odd-numbered year; and (iii) submit preliminary amendments to or a preliminary affirmation of each such plan to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each even-numbered year. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall include a report of the institution&#8217;s active contributions to efforts to stimulate the economic development of the Commonwealth, the area in which the institution is located, and, for those institutions subject to a management agreement set forth in Article 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10, the areas that lag behind the Commonwealth in terms of income, employment, and other factors. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. No such preliminary plan, amendments, or affirmation shall be posted on the General Assembly&#8217;s website.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246235,"text":"The Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Executive Director of the Council, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees, shall review each institution&#8217;s preliminary plan, amendments, or affirmation and provide comments to the institution on such plan, amendments, or affirmation by September 1 of the relevant year. Each institution shall respond to any such comments by October 1 of that year and submit a finalized version of such plan, amendments, or affirmation to the Council, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than December 1 of that year. Each such finalized version shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly&#8217;s website.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246236,"text":"Each plan shall be structured in accordance with, and be consistent with, the objective and purposes of this chapter set forth in &#xA7; 23.1-301 and the criteria developed pursuant to &#xA7; 23.1-309 and shall be in a form and manner prescribed by the Council, in consultation with the Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Executive Director of the Council, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":246237,"text":"Each six-year plan shall (i) address the institution&#8217;s academic, financial, and enrollment plans, including the number of Virginia and non-Virginia students, for the six-year period; (ii) indicate the planned use of any projected increase in general fund, tuition, or other nongeneral fund revenues; (iii) be based upon any assumptions provided by the Council, following consultation with the Department of Planning and Budget and the staffs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, for funding relating to state general fund support pursuant to \u00a7\u00a7 23.1-303, 23.1-304, and 23.1-305 and subdivision 9; (iv) be aligned with the institution&#8217;s six-year enrollment projections; and (v) include:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":246238,"text":"Financial planning reflecting the institution&#8217;s anticipated level of general fund, tuition, and other nongeneral fund support for each year of the next biennium;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":246239,"text":"The institution&#8217;s anticipated annual tuition and educational and general fee charges required by (i) degree level and (ii) domiciliary status, as provided in &#xA7; 23.1-307;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":246240,"text":"Plans for providing financial aid to help mitigate the impact of tuition and fee increases on low-income and middle-income students and their families as described in subdivision 9, including the projected mix of grants and loans;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":246241,"text":"Degree conferral targets for undergraduate Virginia students;","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":246242,"text":"Plans for optimal year-round use of the institution&#8217;s facilities and instructional resources;","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"D6"},"9":{"id":246243,"text":"Plans for the development of an instructional resource-sharing program with other public institutions of higher education and private institutions of higher education;","type":"section","prefixes":["D","6"],"prefix":"6","entire_prefix":"D6","prefix_anchor":"D6","level":2,"prior_prefix":"D5","next_prefix":"D7"},"10":{"id":246244,"text":"Plans with regard to any other incentives set forth in &#xA7; 23.1-305 or any other matters the institution deems appropriate;","type":"section","prefixes":["D","7"],"prefix":"7","entire_prefix":"D7","prefix_anchor":"D7","level":2,"prior_prefix":"D6","next_prefix":"D8"},"11":{"id":246245,"text":"The identification of (i) new programs or initiatives including quality improvements and (ii) institution-specific funding based on particular state policies or institution-specific programs, or both, as provided in subsection C of &#xA7; 23.1-307; and","type":"section","prefixes":["D","8"],"prefix":"8","entire_prefix":"D8","prefix_anchor":"D8","level":2,"prior_prefix":"D7","next_prefix":"D9"},"12":{"id":246246,"text":"An institutional student financial aid commitment that, in conjunction with general funds appropriated for that purpose, provides assistance to students from both low-income and middle-income families and takes into account the information and recommendations resulting from the review of federal and state financial aid programs and institutional practices conducted pursuant to subdivisions B 2 and C 1 of &#xA7; 23.1-309.","type":"section","prefixes":["D","9"],"prefix":"9","entire_prefix":"D9","prefix_anchor":"D9","level":2,"prior_prefix":"D8","next_prefix":"E"},"13":{"id":246247,"text":"In developing such plans, each public institution of higher education shall consider potential future impacts of tuition increases on the Commonwealth Savers Plan and ABLE Savings Trust Accounts (&#xA7; 23.1-700 et seq.) and shall discuss such potential impacts with the Commonwealth Savers Plan. The chief executive officer of the Commonwealth Savers Plan shall provide to each institution the Plan&#8217;s assumptions underlying the contract pricing of the program.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D9","next_prefix":"F"},"14":{"id":246248,"text":"1.  In conjunction with the plans included in the six-year plan as set forth in subsection D, each public institution of higher education, Richard Bland College, and the Virginia Community College System may submit one innovative proposal with clearly defined performance measures, including any request for necessary authority or support from the Commonwealth, for a performance pilot. If the General Assembly approves the proposed performance pilot, it shall include approval language in the general appropriation act. A performance pilot shall advance the objectives of this chapter by addressing innovative requests related to college access, affordability, cost predictability, enrollment management subject to specified commitments regarding undergraduate in-state student enrollment, alternative tuition and fee structures and affordable pathways to degree attainment, internships and work study, employment pathways for undergraduate Virginia students, strategic talent development, state or regional economic development, pathways to increase timely degree completion, or other priorities set out in the general appropriation act.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F2"},"15":{"id":246249,"text":"A performance pilot may include or constitute an institutional partnership performance agreement, which shall be set forth in a memorandum of understanding that includes mutually dependent commitments by the institution, the Commonwealth, and identified partners, if any, related to one or more of the priorities set forth in subdivision 1 or set forth in a general appropriation act. No such institutional partnership performance agreement shall create a legally enforceable obligation of the Commonwealth.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F","next_prefix":"F3"},"16":{"id":246250,"text":"No more than six performance pilots shall be approved in a single session of the General Assembly.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"17":{"id":246251,"text":"Development and approval of any performance pilot proposal shall proceed in tandem with consideration of the institution&#8217;s six-year plan, as follows:\n\t\t\t\ta. An institution that intends to propose a performance pilot shall communicate that intention as early as practicable, but not later than April 1 of the year in which the performance pilot will be proposed, to the reviewers listed in subsection B, the co-chairmen of the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education, and the Governor. In developing a proposed performance pilot, the institution shall consider the Commonwealth&#8217;s educational and economic policies and priorities, including those reflected in the Virginia Plan for Higher Education issued by the Council, the economic development policy developed pursuant to &#xA7; 2.2-205, the strategic plan developed pursuant to &#xA7; 2.2-2237.1, relevant regional economic growth and diversification plans prepared by regional councils pursuant to the Virginia Growth and Opportunity Act (&#xA7; 2.2-2484 et seq.), and any additional guidance provided by the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education and the Governor.\n\t\t\t\tb. An institution that submits a performance pilot shall include the one innovative proposal with clearly defined performance measures, and any corresponding authority and support requested from the Commonwealth, with its submission of the preliminary version of its six-year plan pursuant to clause (ii) of subsection A or with its preliminary amendment or affirmation submission pursuant to clause (iii) of subsection A.\n\t\t\t\tc. The reviewers listed in subsection B, or their designees, shall review and comment on any proposed performance pilot in accordance with the six-year plan review and comment process established in subsection B and may expedite such review and comment process to facilitate the executive and legislative budget process or for other reasons. No later than October 15 of the relevant year, the reviewers shall communicate to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations their recommendations regarding each performance pilot proposal. Such recommendations shall include the reviewers&#8217; comments regarding how the proposed performance pilots, individually and collectively, support the strategic educational and economic policies of the Commonwealth.\n\t\t\t\td. Each performance pilot proposal shall include evidence of its approval by the institution&#8217;s governing board and, if accepted, shall be referenced in the general appropriation act.","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-306\/","history_text":"<p>This law was first created in 2011. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0828\">828<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0869\">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 5 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 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0149\">149<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0588\">588<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0487\">487<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0794\">794<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0795\">795<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0217\">217<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0144\">144<\/a>.<\/p>","references":[{"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":56640,"section_number":"23.1-1006","catch_line":"Management agreement; contents and scope","order_by":null,"url":"\/23.1-1006\/"},{"id":69766,"section_number":"23.1-1012","catch_line":"Covered institutions; operational authority; financial operations generally","order_by":null,"url":"\/23.1-1012\/"},{"id":77600,"section_number":"23.1-102","catch_line":"Chief executive officer of each public institution of higher education; duties","order_by":null,"url":"\/23.1-102\/"},{"id":57437,"section_number":"23.1-302","catch_line":"Public institutions of higher education; funding","order_by":null,"url":"\/23.1-302\/"},{"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\/"},{"id":82601,"section_number":"23.1-907","catch_line":"Articulation, dual admissions, and guaranteed admissions agreements; admission of certain comprehensive community college graduates","order_by":null,"url":"\/23.1-907\/"}],"refers_to":[{"id":61436,"section_number":"2.2-205","catch_line":"Economic development policy for the Commonwealth","order_by":null,"url":"\/2.2-205\/"},{"id":74531,"section_number":"2.2-2237.1","catch_line":"Board of directors to develop strategic plan for economic development; marketing plan; operational plan; submission","order_by":null,"url":"\/2.2-2237.1\/"},{"id":55162,"section_number":"2.2-2484","catch_line":"Definitions","order_by":null,"url":"\/2.2-2484\/"},{"id":72164,"section_number":"23.1-1004","catch_line":"Management agreement; eligibility and application","order_by":null,"url":"\/23.1-1004\/"},{"id":55357,"section_number":"23.1-301","catch_line":"Short title; objective; purposes","order_by":null,"url":"\/23.1-301\/"},{"id":77331,"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","order_by":null,"url":"\/23.1-303\/"},{"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":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\/"},{"id":66160,"section_number":"23.1-700","catch_line":"Definitions","order_by":null,"url":"\/23.1-700\/"}],"permalink":{"id":184827,"object_type":"law","relational_id":68012,"identifier":"23.1-306","token":"23.1\/I\/3\/23.1-306","url":"\/23.1-306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-306\/","token":"23.1\/I\/3\/23.1-306","dublin_core":{"Title":"Public institutions of higher education; six-year plans; institutional partnership performance agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">governing board<\/span> of each <span class=\"dictionary\">public institution of higher education<\/span> shall (i) develop and adopt biennially in odd-numbered years and <span class=\"dictionary\">amend<\/span> or <span class=\"dictionary\">affirm<\/span> biennially in even-numbered years a six-year plan for the institution; (ii) submit a preliminary version of such plan to the <span class=\"dictionary\">Council<\/span>, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each odd-numbered year; and (iii) submit preliminary amendments to or a preliminary affirmation of each such plan to the <span class=\"dictionary\">Council<\/span>, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than July 1 of each even-numbered year. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall include a report of the institution&#8217;s active contributions to efforts to stimulate the economic development of the Commonwealth, the area in which the institution is located, and, for those institutions subject to a management agreement set forth in Article 4 (&#xA7; <a class=\"law\" title=\"Management agreement; eligibility and application\" href=\"\/23.1-1004\/\">23.1-1004<\/a> et seq.) of Chapter 10, the areas that lag behind the Commonwealth in terms of income, employment, and other factors. Each such preliminary plan and preliminary amendment to or preliminary affirmation of such plan shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated <span class=\"dictionary\">Systems<\/span> for the processing of legislative documents and reports. No such preliminary plan, amendments, or affirmation shall be posted on the General Assembly&#8217;s website. <a id=\"paragraph-246234\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Executive Director of the <span class=\"dictionary\">Council<\/span>, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees, shall review each institution&#8217;s preliminary plan, amendments, or affirmation and provide comments to the institution on such plan, amendments, or affirmation by September 1 of the relevant year. Each institution shall respond to any such comments by October 1 of that year and submit a finalized version of such plan, amendments, or affirmation to the <span class=\"dictionary\">Council<\/span>, the General Assembly, the Governor, and the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, and the Senate Committee on Finance and Appropriations no later than December 1 of that year. Each such finalized version shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated <span class=\"dictionary\">Systems<\/span> for the processing of legislative documents and reports and shall be posted on the General Assembly&#8217;s website. <a id=\"paragraph-246235\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Each plan shall be structured in accordance with, and be consistent with, the objective and purposes of this chapter set forth in &#xA7; <a class=\"law\" title=\"Short title; objective; purposes\" href=\"\/23.1-301\/\">23.1-301<\/a> and the criteria developed pursuant to &#xA7; <a class=\"law\" title=\"Higher Education Advisory Committee established; duties\" href=\"\/23.1-309\/\">23.1-309<\/a> and shall be in a form and manner prescribed by the <span class=\"dictionary\">Council<\/span>, in consultation with the Secretary of Finance, the Secretary of Education, the Director of the Department of Planning and Budget, the Executive Director of the <span class=\"dictionary\">Council<\/span>, the Staff Director of the House Committee on Appropriations, and the Staff Director of the Senate Committee on Finance and Appropriations, or their designees. <a id=\"paragraph-246236\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Each six-year plan shall (i) address the institution&#8217;s academic, financial, and <span class=\"dictionary\">enrollment<\/span> plans, including the number of Virginia and <span class=\"dictionary\">non-<span class=\"dictionary\">Virginia students<\/span><\/span>, for the six-year period; (ii) indicate the planned use of any projected increase in general fund, tuition, or other nongeneral fund revenues; (iii) be based upon any assumptions provided by the <span class=\"dictionary\">Council<\/span>, following consultation with the Department of Planning and Budget and the staffs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, for funding relating to state general fund support pursuant to \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Calculation of state general fund share of an institution&#039;s basic operations and instruction funding need; cost of education\" href=\"\/23.1-303\/\">23.1-303<\/a>, <a class=\"law\" title=\"Per student enrollment-based funding at public institutions of higher education\" href=\"\/23.1-304\/\">23.1-304<\/a>, and <a class=\"law\" title=\"Public institutions of higher education; targeted economic and innovation incentives\" href=\"\/23.1-305\/\">23.1-305<\/a> and subdivision 9; (iv) be aligned with the institution&#8217;s six-year <span class=\"dictionary\">enrollment<\/span> projections; and (v) include: <a id=\"paragraph-246237\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Financial planning reflecting the institution&#8217;s anticipated level of general fund, tuition, and other nongeneral fund support for each year of the next biennium; <a id=\"paragraph-246238\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The institution&#8217;s anticipated annual tuition and educational and general fee charges required by (i) degree level and (ii) domiciliary status, as provided in &#xA7; <a class=\"law\" title=\"Public institutions of higher education; tuition and fees\" href=\"\/23.1-307\/\">23.1-307<\/a>; <a id=\"paragraph-246239\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Plans for providing financial aid to help mitigate the impact of tuition and fee increases on low-income and middle-income students and their families as described in subdivision 9, including the projected mix of grants and loans; <a id=\"paragraph-246240\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Degree conferral targets for undergraduate <span class=\"dictionary\">Virginia students<\/span>; <a id=\"paragraph-246241\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Plans for optimal year-round use of the institution&#8217;s facilities and instructional resources; <a id=\"paragraph-246242\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Plans for the development of an instructional resource-sharing program with other public institutions of higher education and private institutions of higher education; <a id=\"paragraph-246243\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Plans with regard to any other incentives set forth in &#xA7; <a class=\"law\" title=\"Public institutions of higher education; targeted economic and innovation incentives\" href=\"\/23.1-305\/\">23.1-305<\/a> or any other matters the institution deems appropriate; <a id=\"paragraph-246244\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> The identification of (i) new programs or initiatives including quality improvements and (ii) institution-specific funding based on particular state policies or institution-specific programs, or both, as provided in subsection C of &#xA7; <a class=\"law\" title=\"Public institutions of higher education; tuition and fees\" href=\"\/23.1-307\/\">23.1-307<\/a>; and <a id=\"paragraph-246245\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> An institutional <span class=\"dictionary\">student<\/span> financial aid commitment that, in conjunction with general funds appropriated for that purpose, provides assistance to students from both low-income and middle-income families and takes into account the information and recommendations resulting from the review of federal and state financial aid programs and institutional practices conducted pursuant to subdivisions B 2 and C 1 of &#xA7; <a class=\"law\" title=\"Higher Education Advisory Committee established; duties\" href=\"\/23.1-309\/\">23.1-309<\/a>. <a id=\"paragraph-246246\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#D9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> In developing such plans, each <span class=\"dictionary\">public institution of higher education<\/span> shall consider potential future impacts of tuition increases on the Commonwealth Savers Plan and ABLE Savings Trust Accounts (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/23.1-700\/\">23.1-700<\/a> et seq.) and shall discuss such potential impacts with the Commonwealth Savers Plan. The <span class=\"dictionary\">chief executive officer<\/span> of the Commonwealth Savers Plan shall provide to each institution the Plan&#8217;s assumptions underlying the <span class=\"dictionary\">contract<\/span> pricing of the program. <a id=\"paragraph-246247\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> 1.  In conjunction with the plans included in the six-year plan as set forth in subsection D, each <span class=\"dictionary\">public institution of higher education<\/span>, Richard Bland College, and the Virginia Community College <span class=\"dictionary\">System<\/span> may submit one innovative proposal with clearly defined performance measures, including any request for necessary authority or support from the Commonwealth, for a performance pilot. If the General Assembly approves the proposed performance pilot, it shall include approval language in the general appropriation act. A performance pilot shall advance the objectives of this chapter by addressing innovative requests related to college access, affordability, cost predictability, enrollment management subject to specified commitments regarding undergraduate in-state <span class=\"dictionary\">student enrollment<\/span>, alternative tuition and fee structures and affordable pathways to degree attainment, internships and work study, employment pathways for undergraduate <span class=\"dictionary\">Virginia students<\/span>, strategic talent development, state or regional economic development, pathways to increase timely degree completion, or other priorities set out in the general appropriation act. <a id=\"paragraph-246248\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A performance pilot may include or constitute an institutional partnership performance agreement, which shall be set forth in a <span class=\"dictionary\">memorandum<\/span> of understanding that includes mutually dependent commitments by the institution, the Commonwealth, and identified partners, if any, related to one or more of the priorities set forth in subdivision 1 or set forth in a general appropriation act. No such institutional partnership performance agreement shall create a legally enforceable obligation of the Commonwealth. <a id=\"paragraph-246249\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> No more than six performance pilots shall be approved in a single session of the General Assembly. <a id=\"paragraph-246250\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#F3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Development and approval of any performance pilot proposal shall proceed in tandem with consideration of the institution&#8217;s six-year plan, as follows:\n\t\t\t\ta. An institution that intends to propose a performance pilot shall communicate that intention as early as practicable, but not later than April 1 of the year in which the performance pilot will be proposed, to the reviewers listed in subsection B, the co-chairmen of the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education, and the Governor. In developing a proposed performance pilot, the institution shall consider the Commonwealth&#8217;s educational and economic policies and priorities, including those reflected in the Virginia Plan for Higher Education issued by the <span class=\"dictionary\">Council<\/span>, the economic development policy developed pursuant to &#xA7; <a class=\"law\" title=\"Economic development policy for the Commonwealth\" href=\"\/2.2-205\/\">2.2-205<\/a>, the strategic plan developed pursuant to &#xA7; <a class=\"law\" title=\"Board of directors to develop strategic plan for economic development; marketing plan; operational plan; submission\" href=\"\/2.2-2237.1\/\">2.2-2237.1<\/a>, relevant regional economic growth and diversification plans prepared by regional <span class=\"dictionary\">councils<\/span> pursuant to the Virginia Growth and Opportunity Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/2.2-2484\/\">2.2-2484<\/a> et seq.), and any additional guidance provided by the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education and the Governor.\n\t\t\t\tb. An institution that submits a performance pilot shall include the one innovative proposal with clearly defined performance measures, and any corresponding authority and support requested from the Commonwealth, with its submission of the preliminary version of its six-year plan pursuant to clause (ii) of subsection A or with its preliminary amendment or affirmation submission pursuant to clause (iii) of subsection A.\n\t\t\t\tc. The reviewers listed in subsection B, or their designees, shall review and comment on any proposed performance pilot in accordance with the six-year plan review and comment process established in subsection B and may expedite such review and comment process to facilitate the executive and legislative budget process or for other reasons. No later than October 15 of the relevant year, the reviewers shall communicate to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations their recommendations regarding each performance pilot proposal. Such recommendations shall include the reviewers&#8217; comments regarding how the proposed performance pilots, individually and collectively, support the strategic educational and economic policies of the Commonwealth.\n\t\t\t\td. Each performance pilot proposal shall include <span class=\"dictionary\">evidence<\/span> of its approval by the institution&#8217;s <span class=\"dictionary\">governing board<\/span> and, if accepted, shall be referenced in the general appropriation act. <a id=\"paragraph-246251\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-306\/#F4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPUBLIC INSTITUTIONS OF HIGHER EDUCATION; SIX-YEAR PLANS; INSTITUTIONAL\nPARTNERSHIP PERFORMANCE AGREEMENTS (\u00a7 23.1-306)\n\nA. The governing board of each public institution of higher education shall (i)\ndevelop and adopt biennially in odd-numbered years and amend or affirm\nbiennially in even-numbered years a six-year plan for the institution; (ii)\nsubmit a preliminary version of such plan to the Council, the General Assembly,\nthe Governor, and the Chairmen of the House Committee on Appropriations, the\nHouse Committee on Education, the Senate Committee on Education and Health, and\nthe Senate Committee on Finance and Appropriations no later than July 1 of each\nodd-numbered year; and (iii) submit preliminary amendments to or a preliminary\naffirmation of each such plan to the Council, the General Assembly, the\nGovernor, and the Chairmen of the House Committee on Appropriations, the House\nCommittee on Education, the Senate Committee on Education and Health, and the\nSenate Committee on Finance and Appropriations no later than July 1 of each\neven-numbered year. Each such preliminary plan and preliminary amendment to or\npreliminary affirmation of such plan shall include a report of the\ninstitution&#8217;s active contributions to efforts to stimulate the economic\ndevelopment of the Commonwealth, the area in which the institution is located,\nand, for those institutions subject to a management agreement set forth in\nArticle 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10, the areas that lag behind\nthe Commonwealth in terms of income, employment, and other factors. Each such\npreliminary plan and preliminary amendment to or preliminary affirmation of such\nplan shall be submitted as a report document as provided in the procedures of\nthe Division of Legislative Automated Systems for the processing of legislative\ndocuments and reports. No such preliminary plan, amendments, or affirmation\nshall be posted on the General Assembly&#8217;s website.\n\nB. The Secretary of Finance, the Secretary of Education, the Director of the\nDepartment of Planning and Budget, the Executive Director of the Council, the\nStaff Director of the House Committee on Appropriations, and the Staff Director\nof the Senate Committee on Finance and Appropriations, or their designees, shall\nreview each institution&#8217;s preliminary plan, amendments, or affirmation and\nprovide comments to the institution on such plan, amendments, or affirmation by\nSeptember 1 of the relevant year. Each institution shall respond to any such\ncomments by October 1 of that year and submit a finalized version of such plan,\namendments, or affirmation to the Council, the General Assembly, the Governor,\nand the Chairmen of the House Committee on Appropriations, the House Committee\non Education, the Senate Committee on Education and Health, and the Senate\nCommittee on Finance and Appropriations no later than December 1 of that year.\nEach such finalized version shall be submitted as a report document as provided\nin the procedures of the Division of Legislative Automated Systems for the\nprocessing of legislative documents and reports and shall be posted on the\nGeneral Assembly&#8217;s website.\n\nC. Each plan shall be structured in accordance with, and be consistent with, the\nobjective and purposes of this chapter set forth in &#xA7; 23.1-301 and the\ncriteria developed pursuant to &#xA7; 23.1-309 and shall be in a form and manner\nprescribed by the Council, in consultation with the Secretary of Finance, the\nSecretary of Education, the Director of the Department of Planning and Budget,\nthe Executive Director of the Council, the Staff Director of the House Committee\non Appropriations, and the Staff Director of the Senate Committee on Finance and\nAppropriations, or their designees.\n\nD. Each six-year plan shall (i) address the institution&#8217;s academic,\nfinancial, and enrollment plans, including the number of Virginia and\nnon-Virginia students, for the six-year period; (ii) indicate the planned use of\nany projected increase in general fund, tuition, or other nongeneral fund\nrevenues; (iii) be based upon any assumptions provided by the Council, following\nconsultation with the Department of Planning and Budget and the staffs of the\nHouse Committee on Appropriations and the Senate Committee on Finance and\nAppropriations, for funding relating to state general fund support pursuant to\n\u00a7\u00a7 23.1-303, 23.1-304, and 23.1-305 and subdivision 9; (iv) be aligned with\nthe institution&#8217;s six-year enrollment projections; and (v) include:\n\n   1. Financial planning reflecting the institution&#8217;s anticipated level of\n   general fund, tuition, and other nongeneral fund support for each year of the\n   next biennium;\n\n   2. The institution&#8217;s anticipated annual tuition and educational and\n   general fee charges required by (i) degree level and (ii) domiciliary status,\n   as provided in &#xA7; 23.1-307;\n\n   3. Plans for providing financial aid to help mitigate the impact of tuition\n   and fee increases on low-income and middle-income students and their families\n   as described in subdivision 9, including the projected mix of grants and\n   loans;\n\n   4. Degree conferral targets for undergraduate Virginia students;\n\n   5. Plans for optimal year-round use of the institution&#8217;s facilities and\n   instructional resources;\n\n   6. Plans for the development of an instructional resource-sharing program with\n   other public institutions of higher education and private institutions of\n   higher education;\n\n   7. Plans with regard to any other incentives set forth in &#xA7; 23.1-305 or\n   any other matters the institution deems appropriate;\n\n   8. The identification of (i) new programs or initiatives including quality\n   improvements and (ii) institution-specific funding based on particular state\n   policies or institution-specific programs, or both, as provided in subsection\n   C of &#xA7; 23.1-307; and\n\n   9. An institutional student financial aid commitment that, in conjunction with\n   general funds appropriated for that purpose, provides assistance to students\n   from both low-income and middle-income families and takes into account the\n   information and recommendations resulting from the review of federal and state\n   financial aid programs and institutional practices conducted pursuant to\n   subdivisions B 2 and C 1 of &#xA7; 23.1-309.\n\nE. In developing such plans, each public institution of higher education shall\nconsider potential future impacts of tuition increases on the Commonwealth\nSavers Plan and ABLE Savings Trust Accounts (&#xA7; 23.1-700 et seq.) and shall\ndiscuss such potential impacts with the Commonwealth Savers Plan. The chief\nexecutive officer of the Commonwealth Savers Plan shall provide to each\ninstitution the Plan&#8217;s assumptions underlying the contract pricing of the\nprogram.\n\nF. 1.  In conjunction with the plans included in the six-year plan as set forth\nin subsection D, each public institution of higher education, Richard Bland\nCollege, and the Virginia Community College System may submit one innovative\nproposal with clearly defined performance measures, including any request for\nnecessary authority or support from the Commonwealth, for a performance pilot.\nIf the General Assembly approves the proposed performance pilot, it shall\ninclude approval language in the general appropriation act. A performance pilot\nshall advance the objectives of this chapter by addressing innovative requests\nrelated to college access, affordability, cost predictability, enrollment\nmanagement subject to specified commitments regarding undergraduate in-state\nstudent enrollment, alternative tuition and fee structures and affordable\npathways to degree attainment, internships and work study, employment pathways\nfor undergraduate Virginia students, strategic talent development, state or\nregional economic development, pathways to increase timely degree completion, or\nother priorities set out in the general appropriation act.\n\n   2. A performance pilot may include or constitute an institutional partnership\n   performance agreement, which shall be set forth in a memorandum of\n   understanding that includes mutually dependent commitments by the institution,\n   the Commonwealth, and identified partners, if any, related to one or more of\n   the priorities set forth in subdivision 1 or set forth in a general\n   appropriation act. No such institutional partnership performance agreement\n   shall create a legally enforceable obligation of the Commonwealth.\n\n   3. No more than six performance pilots shall be approved in a single session\n   of the General Assembly.\n\n   4. Development and approval of any performance pilot proposal shall proceed in\n   tandem with consideration of the institution&#8217;s six-year plan, as\n   follows:\n   \t\t\t\ta. An institution that intends to propose a performance pilot shall\n   communicate that intention as early as practicable, but not later than April 1\n   of the year in which the performance pilot will be proposed, to the reviewers\n   listed in subsection B, the co-chairmen of the Joint Subcommittee on the\n   Future Competitiveness of Virginia Higher Education, and the Governor. In\n   developing a proposed performance pilot, the institution shall consider the\n   Commonwealth&#8217;s educational and economic policies and priorities,\n   including those reflected in the Virginia Plan for Higher Education issued by\n   the Council, the economic development policy developed pursuant to &#xA7;\n   2.2-205, the strategic plan developed pursuant to &#xA7; 2.2-2237.1, relevant\n   regional economic growth and diversification plans prepared by regional\n   councils pursuant to the Virginia Growth and Opportunity Act (&#xA7; 2.2-2484\n   et seq.), and any additional guidance provided by the Joint Subcommittee on\n   the Future Competitiveness of Virginia Higher Education and the Governor.\n   \t\t\t\tb. An institution that submits a performance pilot shall include the one\n   innovative proposal with clearly defined performance measures, and any\n   corresponding authority and support requested from the Commonwealth, with its\n   submission of the preliminary version of its six-year plan pursuant to clause\n   (ii) of subsection A or with its preliminary amendment or affirmation\n   submission pursuant to clause (iii) of subsection A.\n   \t\t\t\tc. The reviewers listed in subsection B, or their designees, shall review\n   and comment on any proposed performance pilot in accordance with the six-year\n   plan review and comment process established in subsection B and may expedite\n   such review and comment process to facilitate the executive and legislative\n   budget process or for other reasons. No later than October 15 of the relevant\n   year, the reviewers shall communicate to the Governor and the Chairmen of the\n   House Committee on Appropriations and the Senate Committee on Finance and\n   Appropriations their recommendations regarding each performance pilot\n   proposal. Such recommendations shall include the reviewers&#8217; comments\n   regarding how the proposed performance pilots, individually and collectively,\n   support the strategic educational and economic policies of the Commonwealth.\n   \t\t\t\td. Each performance pilot proposal shall include evidence of its approval\n   by the institution&#8217;s governing board and, if accepted, shall be\n   referenced in the general appropriation act.\n\nHISTORY: 2011, cc. 828, 869, \u00a7\u00a7 23-38.87:15, 23-38.87:17; 2016, cc. 149, 588;\n2018, c. 487; 2019, cc. 794, 795; 2024, c. 217; 2025, c. 144.","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}}