                                 CODE OF VIRGINIA

CONTRACTS WITH CERTAIN NONPROFIT PRIVATE INSTITUTIONS OF HIGHER EDUCATION (§
23.1-105)

A. For the purposes of this section:
			&#8220;Private college&#8221; means a nonprofit private institution of higher
education whose primary purpose is to provide collegiate or graduate education
and not to provide religious training or theological education.
			&#8220;Services&#8221; includes a program or course of study offered or
approved to be offered by a public institution of higher education or private
college; use of professional personnel; use of any real or personal property
owned, controlled, or leased for educational or related purposes by a public
institution of higher education or private college; study, research, or
investigation or similar activity by employees or students, or both, of a public
institution of higher education or private college; or any other activity (i)
dealing with scientific, technological, humanistic, or other educational or
related subjects or (ii) providing public service or student service activities.

B. The Commonwealth and any of its political subdivisions may contract to obtain
from or furnish to private colleges educational or related services.

C. No contract for services between private colleges and public institutions of
higher education or educational agencies of the Commonwealth, including the
Board of Education, is valid unless approved by the Council.

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

E. The Council shall provide continuing evaluation of the effectiveness of and
make recommendations regarding contracts made pursuant to this section.

F. The authority to contract for educational or related services includes the
authority to accept gifts, donations, and matching funds to facilitate or
advance programs.

G. Unless an appropriation act specifically provides otherwise, all
appropriations shall be construed to authorize contracts with private colleges
for the provision of educational or related services that may be the subject of
or included in the appropriation.

H. Nothing in this section shall be construed to restrict or prohibit the use of
any federal, state, or local funds made available under any federal, state, or
local appropriation or grant.

HISTORY: 1975, c. 399, § 23-9.10:3; 1991, c. 590; 2015, c. 709; 2016, c. 588.