{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-309.html"}],"law_id":70221,"edition_id":1,"section_id":70221,"structure_id":14172,"section_number":"23.1-309","catch_line":"Higher Education Advisory Committee established; duties","history":"2011, cc. 828, 869, \u00a7\u00a7 23-38.87:15, 23-38.87:20; 2016, c. 588.","full_text":"A\n\nThe Secretary of Education, in consultation with the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, the Secretary of Finance, and each public institution of higher education, shall convene a Higher Education Advisory Committee (Advisory Committee) to provide advice and make recommendations on the matters set forth in subsections B, C, and D. The Advisory Committee shall consist of at least 11 members as follows: one representative of the Office of the Secretary of Education appointed by the Secretary of Education who shall serve as chair of the Advisory Committee; one representative of the Office of the Secretary of Finance appointed by the Secretary of Finance; one representative of the Council appointed by the Chairman of the Council; the staff directors of the House Appropriations Committee on Appropriations and the Senate Committee on Finance and Appropriations, or their designees; and the presidents or their designees of five public institutions of higher education, which shall include two doctoral institutions, two comprehensive institutions, and one comprehensive community college, appointed by the presidents of the public institutions of higher education, and a representative from a nonprofit private institution of higher education appointed by the Governor who shall not provide advice or make recommendations concerning policies that solely impact public institutions of higher education. Both the Governor and the Advisory Committee may designate other individuals to serve on the Advisory Committee, including representatives of academic and instructional faculty or fiscal officers of public institutions of higher education.B\n\nConsistent with the objective and purposes of this chapter identified in \u00a7 23.1-301, the Advisory Committee shall develop and subsequently review at least once every five years, in consultation with the staff of the Council and the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the Council and such other assistance as it may require:1\n\nThe methodology established pursuant to subsection A of &#xA7; 23.1-304 for determining how a significant increment of state funding shall follow the student to the associate-degree-granting or baccalaureate public institution of higher education in which the student enrolls, how the amount of such per student funding for baccalaureate public institutions of higher education will be made to correspond as nearly as practical to the per student allocation envisioned under the then-existing appropriation for the Tuition Assistance Grant Act (&#xA7; 23.1-628 et seq.) for students attending nonprofit private institutions of higher education, how and as of what date the student enrollment at each public institution of higher education shall be calculated, and how an increase or decrease in Virginia undergraduate student enrollment above or below the enrollment level used to calculate the institution&#8217;s funding pursuant to &#xA7; 23.1-303 shall be reflected in the institution&#8217;s appropriation pursuant to subsection A of &#xA7; 23.1-304, and the standards and process for determining whether an increase or decrease in Virginia undergraduate student enrollment qualifies for funding pursuant to &#xA7; 23.1-304;2\n\nCriteria for determining which families qualify as &#8220;low-income&#8221; and &#8220;middle-income&#8221; for purposes of &#xA7; 23.1-306 and how they relate to federal, state, and institutional policies governing the provision of financial assistance to students of such families;3\n\nObjective performance criteria for measuring the financial incentives set forth in &#xA7; 23.1-305 and the benefits of meeting or consequences of not meeting the incentives included in an institution&#8217;s six-year plan pursuant to &#xA7; 23.1-306;4\n\nEconomic opportunity metrics such as marketplace demand, earning potential, and employer satisfaction and other indicators of the historical and projected economic value of degrees that can be used to assess degree programs in order to provide useful information on the economic impact of degrees to students as they make career choices and state policy makers and university decision makers as they decide how to allocate scarce resources;5\n\nThe additional authority that should be granted to all public institutions of higher education under the Restructured Higher Education Financial and Administrative Operations Act (&#xA7; 23.1-1000 et seq.), state goals and objectives each public institution of higher education should be expected to achieve, objective criteria for measuring educational-related performance with regard to those goals and objectives, and the benefits of meeting or consequences of not meeting those goals and objectives, including those set forth in subsection C of &#xA7; 23.1-1002; and6\n\nThe role of private institutions of higher education in addressing the goals set forth in this chapter and recommendations regarding such matters.\n\t\t\t\tThe Advisory Committee shall submit its recommendations to the Council, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health.C\n\nConsistent with the objective and purposes of this chapter identified in \u00a7 23.1-301, the Advisory Committee shall review at least every five years, in consultation with the staff of the Council, the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the Council and such other assistance as it may require:1\n\nFederal and state financial aid programs and institutional practices to ensure that the appropriate level of financial assistance is being provided to both low-income and middle-income families, as required by &#xA7; 23.1-306, including loan forgiveness programs targeted by purpose in furtherance of the objective of this chapter; and2\n\nThe Restructured Higher Education Financial and Administrative Operations Act (&#xA7; 23.1-1000 et seq.) to identify additional ways to reduce costs and enhance efficiency by increasing managerial autonomy with accountability at the institutional level.\n\t\t\t\tThe Advisory Committee shall submit its recommendations to the Council, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and on Education and Health.D\n\nThe Advisory Committee shall periodically assess, based upon the institutions&#8217; six-year plans and other relevant factors, the degree to which the Commonwealth&#8217;s system of higher education is meeting the statewide objectives of economic impact, reform, affordability, and access reflected in this chapter and the strategic impact of new general fund investments on achieving those objectives. The Advisory Committee shall submit its assessment and recommendations to the Council, which shall review the assessment and recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health.E\n\nIn addition to providing advice and making recommendations on the matters set forth in subsections B, C, and D, the Advisory Committee shall perform such other duties and undertake such other responsibilities as requested by the Governor or the General Assembly.","order_by":null,"text":{"0":{"id":253542,"text":"The Secretary of Education, in consultation with the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, the Secretary of Finance, and each public institution of higher education, shall convene a Higher Education Advisory Committee (Advisory Committee) to provide advice and make recommendations on the matters set forth in subsections B, C, and D. The Advisory Committee shall consist of at least 11 members as follows: one representative of the Office of the Secretary of Education appointed by the Secretary of Education who shall serve as chair of the Advisory Committee; one representative of the Office of the Secretary of Finance appointed by the Secretary of Finance; one representative of the Council appointed by the Chairman of the Council; the staff directors of the House Appropriations Committee on Appropriations and the Senate Committee on Finance and Appropriations, or their designees; and the presidents or their designees of five public institutions of higher education, which shall include two doctoral institutions, two comprehensive institutions, and one comprehensive community college, appointed by the presidents of the public institutions of higher education, and a representative from a nonprofit private institution of higher education appointed by the Governor who shall not provide advice or make recommendations concerning policies that solely impact public institutions of higher education. Both the Governor and the Advisory Committee may designate other individuals to serve on the Advisory Committee, including representatives of academic and instructional faculty or fiscal officers of public institutions of higher education.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253543,"text":"Consistent with the objective and purposes of this chapter identified in \u00a7 23.1-301, the Advisory Committee shall develop and subsequently review at least once every five years, in consultation with the staff of the Council and the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the Council and such other assistance as it may require:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":253544,"text":"The methodology established pursuant to subsection A of &#xA7; 23.1-304 for determining how a significant increment of state funding shall follow the student to the associate-degree-granting or baccalaureate public institution of higher education in which the student enrolls, how the amount of such per student funding for baccalaureate public institutions of higher education will be made to correspond as nearly as practical to the per student allocation envisioned under the then-existing appropriation for the Tuition Assistance Grant Act (&#xA7; 23.1-628 et seq.) for students attending nonprofit private institutions of higher education, how and as of what date the student enrollment at each public institution of higher education shall be calculated, and how an increase or decrease in Virginia undergraduate student enrollment above or below the enrollment level used to calculate the institution&#8217;s funding pursuant to &#xA7; 23.1-303 shall be reflected in the institution&#8217;s appropriation pursuant to subsection A of &#xA7; 23.1-304, and the standards and process for determining whether an increase or decrease in Virginia undergraduate student enrollment qualifies for funding pursuant to &#xA7; 23.1-304;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":253545,"text":"Criteria for determining which families qualify as &#8220;low-income&#8221; and &#8220;middle-income&#8221; for purposes of &#xA7; 23.1-306 and how they relate to federal, state, and institutional policies governing the provision of financial assistance to students of such families;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":253546,"text":"Objective performance criteria for measuring the financial incentives set forth in &#xA7; 23.1-305 and the benefits of meeting or consequences of not meeting the incentives included in an institution&#8217;s six-year plan pursuant to &#xA7; 23.1-306;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":253547,"text":"Economic opportunity metrics such as marketplace demand, earning potential, and employer satisfaction and other indicators of the historical and projected economic value of degrees that can be used to assess degree programs in order to provide useful information on the economic impact of degrees to students as they make career choices and state policy makers and university decision makers as they decide how to allocate scarce resources;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":253548,"text":"The additional authority that should be granted to all public institutions of higher education under the Restructured Higher Education Financial and Administrative Operations Act (&#xA7; 23.1-1000 et seq.), state goals and objectives each public institution of higher education should be expected to achieve, objective criteria for measuring educational-related performance with regard to those goals and objectives, and the benefits of meeting or consequences of not meeting those goals and objectives, including those set forth in subsection C of &#xA7; 23.1-1002; and","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":253549,"text":"The role of private institutions of higher education in addressing the goals set forth in this chapter and recommendations regarding such matters.\n\t\t\t\tThe Advisory Committee shall submit its recommendations to the Council, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":253550,"text":"Consistent with the objective and purposes of this chapter identified in \u00a7 23.1-301, the Advisory Committee shall review at least every five years, in consultation with the staff of the Council, the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the Council and such other assistance as it may require:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"C1"},"9":{"id":253551,"text":"Federal and state financial aid programs and institutional practices to ensure that the appropriate level of financial assistance is being provided to both low-income and middle-income families, as required by &#xA7; 23.1-306, including loan forgiveness programs targeted by purpose in furtherance of the objective of this chapter; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":253552,"text":"The Restructured Higher Education Financial and Administrative Operations Act (&#xA7; 23.1-1000 et seq.) to identify additional ways to reduce costs and enhance efficiency by increasing managerial autonomy with accountability at the institutional level.\n\t\t\t\tThe Advisory Committee shall submit its recommendations to the Council, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and on Education and Health.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"11":{"id":253553,"text":"The Advisory Committee shall periodically assess, based upon the institutions&#8217; six-year plans and other relevant factors, the degree to which the Commonwealth&#8217;s system of higher education is meeting the statewide objectives of economic impact, reform, affordability, and access reflected in this chapter and the strategic impact of new general fund investments on achieving those objectives. The Advisory Committee shall submit its assessment and recommendations to the Council, which shall review the assessment and recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"12":{"id":253554,"text":"In addition to providing advice and making recommendations on the matters set forth in subsections B, C, and D, the Advisory Committee shall perform such other duties and undertake such other responsibilities as requested by the Governor or the General Assembly.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-309\/","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 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 <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0588\">588<\/a>.<\/p>","references":[{"id":83396,"section_number":"23.1-203","catch_line":"Duties of Council","order_by":null,"url":"\/23.1-203\/"},{"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":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":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":70567,"section_number":"23.1-310","catch_line":"Assessment and certification of institutions by the Council","order_by":null,"url":"\/23.1-310\/"}],"refers_to":[{"id":84746,"section_number":"23.1-1000","catch_line":"Definitions","order_by":null,"url":"\/23.1-1000\/"},{"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":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":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":82458,"section_number":"23.1-628","catch_line":"Tuition Assistance Grant Program","order_by":null,"url":"\/23.1-628\/"}],"permalink":{"id":184839,"object_type":"law","relational_id":70221,"identifier":"23.1-309","token":"23.1\/I\/3\/23.1-309","url":"\/23.1-309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-309\/","token":"23.1\/I\/3\/23.1-309","dublin_core":{"Title":"Higher Education Advisory Committee established; duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The Secretary of Education, in consultation with the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, the Secretary of Finance, and each <span class=\"dictionary\">public institution of higher education<\/span>, shall convene a Higher Education Advisory Committee (Advisory Committee) to provide advice and make recommendations on the matters set forth in subsections B, C, and D. The Advisory Committee shall consist of at least 11 members as follows: one representative of the Office of the Secretary of Education appointed by the Secretary of Education who shall serve as chair of the Advisory Committee; one representative of the Office of the Secretary of Finance appointed by the Secretary of Finance; one representative of the <span class=\"dictionary\">Council<\/span> appointed by the Chairman of the <span class=\"dictionary\">Council<\/span>; the staff directors of the House Appropriations Committee on Appropriations and the Senate Committee on Finance and Appropriations, or their designees; and the presidents or their designees of five public institutions of higher education, which shall include two doctoral institutions, two comprehensive institutions, and one <span class=\"dictionary\">comprehensive community college<\/span>, appointed by the presidents of the public institutions of higher education, and a representative from a <span class=\"dictionary\">nonprofit <span class=\"dictionary\">private institution of higher education<\/span><\/span> appointed by the Governor who shall not provide advice or make recommendations concerning policies that solely impact public institutions of higher education. Both the Governor and the Advisory Committee may designate other individuals to serve on the Advisory Committee, including representatives of academic and instructional faculty or fiscal officers of public institutions of higher education. <a id=\"paragraph-253542\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#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> Consistent with the objective and purposes of this chapter identified in \u00a7&nbsp;<a class=\"law\" title=\"Short title; objective; purposes\" href=\"\/23.1-301\/\">23.1-301<\/a>, the Advisory Committee shall develop and subsequently review at least once every five years, in consultation with the staff of the <span class=\"dictionary\">Council<\/span> and the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the <span class=\"dictionary\">Council<\/span> and such other assistance as it may require: <a id=\"paragraph-253543\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The methodology established pursuant to subsection A of &#xA7; <a class=\"law\" title=\"Per student enrollment-based funding at public institutions of higher education\" href=\"\/23.1-304\/\">23.1-304<\/a> for determining how a significant increment of state funding shall follow the student to the <span class=\"dictionary\">associate-degree-granting<\/span> or <span class=\"dictionary\">baccalaureate <span class=\"dictionary\">public institution of higher education<\/span><\/span> in which the student enrolls, how the amount of such per student funding for baccalaureate public institutions of higher education will be made to correspond as nearly as practical to the per student allocation envisioned under the then-existing appropriation for the Tuition Assistance Grant Act (&#xA7; <a class=\"law\" title=\"Tuition Assistance Grant Program\" href=\"\/23.1-628\/\">23.1-628<\/a> et seq.) for <span class=\"dictionary\">students<\/span> attending nonprofit private institutions of higher education, how and as of what date the <span class=\"dictionary\">student enrollment<\/span> at each <span class=\"dictionary\">public institution of higher education<\/span> shall be calculated, and how an increase or decrease in Virginia undergraduate <span class=\"dictionary\">student enrollment<\/span> above or below the enrollment level used to calculate the institution&#8217;s funding pursuant to &#xA7; <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> shall be reflected in the institution&#8217;s appropriation pursuant to subsection A of &#xA7; <a class=\"law\" title=\"Per student enrollment-based funding at public institutions of higher education\" href=\"\/23.1-304\/\">23.1-304<\/a>, and the standards and process for determining whether an increase or decrease in Virginia undergraduate <span class=\"dictionary\">student enrollment<\/span> qualifies for funding pursuant to &#xA7; <a class=\"law\" title=\"Per student enrollment-based funding at public institutions of higher education\" href=\"\/23.1-304\/\">23.1-304<\/a>; <a id=\"paragraph-253544\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Criteria for determining which families qualify as &#8220;low-income&#8221; and &#8220;middle-income&#8221; for purposes of &#xA7; <a class=\"law\" title=\"Public institutions of higher education; six-year plans; institutional partnership performance agreements\" href=\"\/23.1-306\/\">23.1-306<\/a> and how they relate to federal, state, and institutional policies governing the provision of financial assistance to <span class=\"dictionary\">students<\/span> of such families; <a id=\"paragraph-253545\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Objective performance criteria for measuring the financial 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> and the benefits of meeting or consequences of not meeting the incentives included in an institution&#8217;s six-year plan pursuant to &#xA7; <a class=\"law\" title=\"Public institutions of higher education; six-year plans; institutional partnership performance agreements\" href=\"\/23.1-306\/\">23.1-306<\/a>; <a id=\"paragraph-253546\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Economic opportunity metrics such as marketplace demand, earning potential, and employer satisfaction and other indicators of the historical and projected economic value of degrees that can be used to assess degree programs in <span class=\"dictionary\">order<\/span> to provide useful information on the economic impact of degrees to <span class=\"dictionary\">students<\/span> as they make career choices and state policy makers and university decision makers as they decide how to allocate scarce resources; <a id=\"paragraph-253547\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The additional authority that should be granted to all public institutions of higher education under the Restructured Higher Education Financial and Administrative Operations Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/23.1-1000\/\">23.1-1000<\/a> et seq.), state goals and objectives each <span class=\"dictionary\">public institution of higher education<\/span> should be expected to achieve, objective criteria for measuring educational-related performance with regard to those goals and objectives, and the benefits of meeting or consequences of not meeting those goals and objectives, including those set forth in subsection C of &#xA7; <a class=\"law\" title=\"Eligibility for restructured financial and administrative operational authority and financial benefits\" href=\"\/23.1-1002\/\">23.1-1002<\/a>; and <a id=\"paragraph-253548\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The role of private institutions of higher education in addressing the goals set forth in this chapter and recommendations regarding such matters.\n\t\t\t\tThe Advisory Committee shall submit its recommendations to the <span class=\"dictionary\">Council<\/span>, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health. <a id=\"paragraph-253549\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#B6\"><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> Consistent with the objective and purposes of this chapter identified in \u00a7&nbsp;<a class=\"law\" title=\"Short title; objective; purposes\" href=\"\/23.1-301\/\">23.1-301<\/a>, the Advisory Committee shall review at least every five years, in consultation with the staff of the <span class=\"dictionary\">Council<\/span>, the respective Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health, or their designees, representatives of public institutions of higher education, and such other state officials as may be designated by the Governor, and with assistance from the staff of the <span class=\"dictionary\">Council<\/span> and such other assistance as it may require: <a id=\"paragraph-253550\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Federal and state financial aid programs and institutional practices to ensure that the appropriate level of financial assistance is being provided to both low-income and middle-income families, as required by &#xA7; <a class=\"law\" title=\"Public institutions of higher education; six-year plans; institutional partnership performance agreements\" href=\"\/23.1-306\/\">23.1-306<\/a>, including loan forgiveness programs targeted by purpose in furtherance of the objective of this chapter; and <a id=\"paragraph-253551\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The Restructured Higher Education Financial and Administrative Operations Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/23.1-1000\/\">23.1-1000<\/a> et seq.) to identify additional ways to reduce costs and enhance efficiency by increasing managerial autonomy with accountability at the institutional level.\n\t\t\t\tThe Advisory Committee shall submit its recommendations to the <span class=\"dictionary\">Council<\/span>, which shall review the recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and on Education and Health. <a id=\"paragraph-253552\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#C2\"><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> The Advisory Committee shall periodically assess, based upon the institutions&#8217; six-year plans and other relevant factors, the degree to which the Commonwealth&#8217;s <span class=\"dictionary\">system<\/span> of higher education is meeting the statewide objectives of economic impact, reform, affordability, and access reflected in this chapter and the strategic impact of new general fund investments on achieving those objectives. The Advisory Committee shall submit its assessment and recommendations to the <span class=\"dictionary\">Council<\/span>, which shall review the assessment and recommendations and report its recommendations to the Governor and the Chairmen of the House Committees on Appropriations and on Education and the Chairmen of the Senate Committees on Finance and Appropriations and on Education and Health. <a id=\"paragraph-253553\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#D\"><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 addition to providing advice and making recommendations on the matters set forth in subsections B, C, and D, the Advisory Committee shall perform such other duties and undertake such other responsibilities as requested by the Governor or the General Assembly. <a id=\"paragraph-253554\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/23.1-309\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nHIGHER EDUCATION ADVISORY COMMITTEE ESTABLISHED; DUTIES (\u00a7 23.1-309)\n\nA. The Secretary of Education, in consultation with the Chairmen of the House\nCommittee on Appropriations and the Senate Committee on Finance and\nAppropriations, the Secretary of Finance, and each public institution of higher\neducation, shall convene a Higher Education Advisory Committee (Advisory\nCommittee) to provide advice and make recommendations on the matters set forth\nin subsections B, C, and D. The Advisory Committee shall consist of at least 11\nmembers as follows: one representative of the Office of the Secretary of\nEducation appointed by the Secretary of Education who shall serve as chair of\nthe Advisory Committee; one representative of the Office of the Secretary of\nFinance appointed by the Secretary of Finance; one representative of the Council\nappointed by the Chairman of the Council; the staff directors of the House\nAppropriations Committee on Appropriations and the Senate Committee on Finance\nand Appropriations, or their designees; and the presidents or their designees of\nfive public institutions of higher education, which shall include two doctoral\ninstitutions, two comprehensive institutions, and one comprehensive community\ncollege, appointed by the presidents of the public institutions of higher\neducation, and a representative from a nonprofit private institution of higher\neducation appointed by the Governor who shall not provide advice or make\nrecommendations concerning policies that solely impact public institutions of\nhigher education. Both the Governor and the Advisory Committee may designate\nother individuals to serve on the Advisory Committee, including representatives\nof academic and instructional faculty or fiscal officers of public institutions\nof higher education.\n\nB. Consistent with the objective and purposes of this chapter identified in \u00a7\n23.1-301, the Advisory Committee shall develop and subsequently review at least\nonce every five years, in consultation with the staff of the Council and the\nrespective Chairmen of the House Committees on Appropriations and on Education\nand the Chairmen of the Senate Committees on Finance and Appropriations and on\nEducation and Health, or their designees, representatives of public institutions\nof higher education, and such other state officials as may be designated by the\nGovernor, and with assistance from the staff of the Council and such other\nassistance as it may require:\n\n   1. The methodology established pursuant to subsection A of &#xA7; 23.1-304 for\n   determining how a significant increment of state funding shall follow the\n   student to the associate-degree-granting or baccalaureate public institution\n   of higher education in which the student enrolls, how the amount of such per\n   student funding for baccalaureate public institutions of higher education will\n   be made to correspond as nearly as practical to the per student allocation\n   envisioned under the then-existing appropriation for the Tuition Assistance\n   Grant Act (&#xA7; 23.1-628 et seq.) for students attending nonprofit private\n   institutions of higher education, how and as of what date the student\n   enrollment at each public institution of higher education shall be calculated,\n   and how an increase or decrease in Virginia undergraduate student enrollment\n   above or below the enrollment level used to calculate the institution&#8217;s\n   funding pursuant to &#xA7; 23.1-303 shall be reflected in the\n   institution&#8217;s appropriation pursuant to subsection A of &#xA7; 23.1-304,\n   and the standards and process for determining whether an increase or decrease\n   in Virginia undergraduate student enrollment qualifies for funding pursuant to\n   &#xA7; 23.1-304;\n\n   2. Criteria for determining which families qualify as &#8220;low-income&#8221;\n   and &#8220;middle-income&#8221; for purposes of &#xA7; 23.1-306 and how they\n   relate to federal, state, and institutional policies governing the provision\n   of financial assistance to students of such families;\n\n   3. Objective performance criteria for measuring the financial incentives set\n   forth in &#xA7; 23.1-305 and the benefits of meeting or consequences of not\n   meeting the incentives included in an institution&#8217;s six-year plan\n   pursuant to &#xA7; 23.1-306;\n\n   4. Economic opportunity metrics such as marketplace demand, earning potential,\n   and employer satisfaction and other indicators of the historical and projected\n   economic value of degrees that can be used to assess degree programs in order\n   to provide useful information on the economic impact of degrees to students as\n   they make career choices and state policy makers and university decision\n   makers as they decide how to allocate scarce resources;\n\n   5. The additional authority that should be granted to all public institutions\n   of higher education under the Restructured Higher Education Financial and\n   Administrative Operations Act (&#xA7; 23.1-1000 et seq.), state goals and\n   objectives each public institution of higher education should be expected to\n   achieve, objective criteria for measuring educational-related performance with\n   regard to those goals and objectives, and the benefits of meeting or\n   consequences of not meeting those goals and objectives, including those set\n   forth in subsection C of &#xA7; 23.1-1002; and\n\n   6. The role of private institutions of higher education in addressing the\n   goals set forth in this chapter and recommendations regarding such matters.\n   \t\t\t\tThe Advisory Committee shall submit its recommendations to the Council,\n   which shall review the recommendations and report its recommendations to the\n   Governor and the Chairmen of the House Committees on Appropriations and on\n   Education and the Chairmen of the Senate Committees on Finance and\n   Appropriations and on Education and Health.\n\nC. Consistent with the objective and purposes of this chapter identified in \u00a7\n23.1-301, the Advisory Committee shall review at least every five years, in\nconsultation with the staff of the Council, the respective Chairmen of the House\nCommittees on Appropriations and on Education and the Chairmen of the Senate\nCommittees on Finance and Appropriations and on Education and Health, or their\ndesignees, representatives of public institutions of higher education, and such\nother state officials as may be designated by the Governor, and with assistance\nfrom the staff of the Council and such other assistance as it may require:\n\n   1. Federal and state financial aid programs and institutional practices to\n   ensure that the appropriate level of financial assistance is being provided to\n   both low-income and middle-income families, as required by &#xA7; 23.1-306,\n   including loan forgiveness programs targeted by purpose in furtherance of the\n   objective of this chapter; and\n\n   2. The Restructured Higher Education Financial and Administrative Operations\n   Act (&#xA7; 23.1-1000 et seq.) to identify additional ways to reduce costs and\n   enhance efficiency by increasing managerial autonomy with accountability at\n   the institutional level.\n   \t\t\t\tThe Advisory Committee shall submit its recommendations to the Council,\n   which shall review the recommendations and report its recommendations to the\n   Governor and the Chairmen of the House Committees on Appropriations and\n   Education and the Senate Committees on Finance and on Education and Health.\n\nD. The Advisory Committee shall periodically assess, based upon the\ninstitutions&#8217; six-year plans and other relevant factors, the degree to\nwhich the Commonwealth&#8217;s system of higher education is meeting the\nstatewide objectives of economic impact, reform, affordability, and access\nreflected in this chapter and the strategic impact of new general fund\ninvestments on achieving those objectives. The Advisory Committee shall submit\nits assessment and recommendations to the Council, which shall review the\nassessment and recommendations and report its recommendations to the Governor\nand the Chairmen of the House Committees on Appropriations and on Education and\nthe Chairmen of the Senate Committees on Finance and Appropriations and on\nEducation and Health.\n\nE. In addition to providing advice and making recommendations on the matters set\nforth in subsections B, C, and D, the Advisory Committee shall perform such\nother duties and undertake such other responsibilities as requested by the\nGovernor or the General Assembly.\n\nHISTORY: 2011, cc. 828, 869, \u00a7\u00a7 23-38.87:15, 23-38.87:20; 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}}