                                 CODE OF VIRGINIA

DUTIES OF COUNCIL (§ 23.1-203)

The Council shall:

1. Develop a statewide strategic plan that (i) reflects the goals set forth in
subsection A of &#xA7; 23.1-1002 or (ii) once adopted, reflects the goals and
objectives developed pursuant to subdivision B 5 of &#xA7; 23.1-309 for higher
education in the Commonwealth, identifies a coordinated approach to such state
and regional goals, and emphasizes the future needs for higher education in the
Commonwealth at both the undergraduate and the graduate levels and the mission,
programs, facilities, and location of each of the existing institutions of
higher education, each public institution&#8217;s six-year plan, and such other
matters as the Council deems appropriate. The Council shall revise such plan at
least once every six years and shall submit such recommendations as are
necessary for the implementation of the plan to the Governor and the General
Assembly.

2. Review and approve or disapprove any proposed change in the statement of
mission of any public institution of higher education and define the mission of
all newly created public institutions of higher education. The Council shall
report such approvals, disapprovals, and definitions to the Governor and the
General Assembly at least once every six years. No such actions shall become
effective until 30 days after adjournment of the session of the General Assembly
next following the filing of such a report. Nothing in this subdivision shall be
construed to authorize the Council to modify any mission statement adopted by
the General Assembly or empower the Council to affect, either directly or
indirectly, the selection of faculty or the standards and criteria for admission
of any public institution of higher education, whether relating to academic
standards, residence, or other criteria. Faculty selection and student admission
policies shall remain a function of the individual public institutions of higher
education.

3. Study any proposed escalation of any public institution of higher education
to a degree-granting level higher than that level to which it is presently
restricted and submit a report and recommendation to the Governor and the
General Assembly relating to the proposal. The study shall include the need for
and benefits or detriments to be derived from the escalation. No such
institution shall implement any such proposed escalation until the
Council&#8217;s report and recommendation have been submitted to the General
Assembly and the General Assembly approves the institution&#8217;s proposal.

4. Review and approve or disapprove all enrollment projections proposed by each
public institution of higher education. The Council&#8217;s projections shall be
organized numerically by level of enrollment and shall be used solely for
budgetary, fiscal, and strategic planning purposes. The Council shall develop
estimates of the number of degrees to be awarded by each public institution of
higher education and include those estimates in its reports of enrollment
projections. The student admissions policies for such institutions and their
specific programs shall remain the sole responsibility of the individual
governing boards but all baccalaureate public institutions of higher education
shall adopt dual admissions policies with comprehensive community colleges as
required by &#xA7; 23.1-907.

5. Review and approve or disapprove all new undergraduate or graduate academic
programs that any public institution of higher education proposes.

6. Review and require the discontinuance of any undergraduate or graduate
academic program that is presently offered by any public institution of higher
education when the Council determines that such academic program is (i)
nonproductive in terms of the number of degrees granted, the number of students
served by the program, the program&#8217;s effectiveness, and budgetary
considerations or (ii) supported by state funds and unnecessarily duplicative of
academic programs offered at other public institutions of higher education. The
Council shall make a report to the Governor and the General Assembly with
respect to the discontinuance of any such academic program. No such
discontinuance shall become effective until 30 days after the adjournment of the
session of the General Assembly next following the filing of such report.

7. Review and approve or disapprove the establishment of any department, school,
college, branch, division, or extension of any public institution of higher
education that such institution proposes to establish, whether located on or off
the main campus of such institution. If any organizational change is determined
by the Council to be proposed solely for the purpose of internal management and
the institution&#8217;s curricular offerings remain constant, the Council shall
approve the proposed change. Nothing in this subdivision shall be construed to
authorize the Council to disapprove the establishment of any such department,
school, college, branch, division, or extension established by the General
Assembly.

8. Review the proposed closure of any academic program in a high demand or
critical shortage area, as defined by the Council, by any public institution of
higher education and assist in the development of an orderly closure plan, when
needed.

9. Develop a uniform, comprehensive data information system designed to gather
all information necessary to the performance of the Council&#8217;s duties. The
system shall include information on admissions, enrollment, self-identified
students with documented disabilities, personnel, programs, financing, space
inventory, facilities, and such other areas as the Council deems appropriate.
When consistent with the Government Data Collection and Dissemination Practices
Act (&#xA7; 2.2-3800 et seq.), the Virginia Unemployment Compensation Act
(&#xA7; 60.2-100 et seq.), and applicable federal law, the Council, acting
solely or in partnership with the Virginia Department of Education or the
Virginia Employment Commission, may contract with private entities to create
de-identified student records in which all personally identifiable information
has been removed for the purpose of assessing the performance of institutions
and specific programs relative to the workforce needs of the Commonwealth.

10. In cooperation with public institutions of higher education, develop
guidelines for the assessment of student achievement. Each such institution
shall use an approved program that complies with the guidelines of the Council
and is consistent with the institution&#8217;s mission and educational
objectives in the development of such assessment. The Council shall report each
institution&#8217;s assessment of student achievement in the revisions to the
Commonwealth&#8217;s statewide strategic plan for higher education.

11. In cooperation with the appropriate state financial and accounting
officials, develop and establish uniform standards and systems of accounting,
recordkeeping, and statistical reporting for public institutions of higher
education.

12. Review biennially and approve or disapprove all changes in the inventory of
educational and general space that any public institution of higher education
proposes and report such approvals and disapprovals to the Governor and the
General Assembly. No such change shall become effective until 30 days after the
adjournment of the session of the General Assembly next following the filing of
such report.

13. Visit and study the operations of each public institution of higher
education at such times as the Council deems appropriate and conduct such other
studies in the field of higher education as the Council deems appropriate or as
may be requested by the Governor or the General Assembly.

14. Provide advisory services to each accredited 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 on
academic, administrative, financial, and space utilization matters. The Council
may review and advise on joint activities, including contracts for services
between public institutions of higher education and such private institutions of
higher education or between such private institutions of higher education and
any agency or political subdivision of the Commonwealth.

15. Adopt such policies and regulations as the Council deems necessary to
implement its duties established by state law. Each public institution of higher
education shall comply with such policies and regulations.

16. Issue guidelines consistent with the provisions of the federal Family
Educational Rights and Privacy Act (20 U.S.C. &#xA7; 1232g), requiring public
institutions of higher education to release a student&#8217;s academic and
disciplinary record to a student&#8217;s parent.

17. Require each institution of higher education formed, chartered, or
established in the Commonwealth after July 1, 1980, to ensure the preservation
of student transcripts in the event of institutional closure or revocation of
approval to operate in the Commonwealth. An institution may ensure the
preservation of student transcripts by binding agreement with another
institution of higher education with which it is not corporately connected or in
such other way as the Council may authorize by regulation. In the event that an
institution closes or has its approval to operate in the Commonwealth revoked,
the Council, through its Executive Director, may take such action as is
necessary to secure and preserve the student transcripts until such time as an
appropriate institution accepts all or some of the transcripts. Nothing in this
subdivision shall be deemed to interfere with the right of a student to his own
transcripts or authorize disclosure of student records except as may otherwise
be authorized by law.

18. Require the development and submission of articulation, dual admissions, and
guaranteed admissions agreements between associate-degree-granting and
baccalaureate public institutions of higher education.

19. Provide periodic updates of base adequacy funding guidelines adopted by the
Joint Subcommittee Studying Higher Education Funding Policies for each public
institution of higher education.

20. Develop, pursuant to the provisions of &#xA7; 23.1-907, guidelines for
articulation, dual admissions, and guaranteed admissions agreements, including
guidelines related to a one-year Uniform Certificate of General Studies Program
and a one-semester Passport Program to be offered at each comprehensive
community college. The guidelines developed pursuant to this subdivision shall
be developed in consultation with all public institutions of higher education in
the Commonwealth, the Department of Education, and the Virginia Association of
School Superintendents and shall ensure standardization, quality, and
transparency in the implementation of the programs and agreements. At the
discretion of the Council, private institutions of higher education eligible for
tuition assistance grants may also be consulted.

21. Cooperate with the Board of Education in matters of interest to both public
elementary and secondary schools and public institutions of higher education,
particularly in connection with coordination of the college admission
requirements, coordination of teacher training programs with the public school
programs, and the Board of Education&#8217;s Six-Year Educational Technology
Plan for Virginia. The Council shall encourage public institutions of higher
education to design programs that include the skills necessary for the
successful implementation of such Plan.

22. Advise and provide technical assistance to the Brown v. Board of Education
Scholarship Committee in the implementation and administration of the Brown v.
Board of Education Scholarship Program pursuant to Chapter 34.1 (&#xA7;
30-231.01 et seq.) of Title 30.

23. Insofar as possible, seek the cooperation and utilize the facilities of
existing state departments, institutions, and agencies in carrying out its
duties.

24. Serve as the coordinating council for public institutions of higher
education.

25. Serve as the planning and coordinating agency for all postsecondary
educational programs for all health professions and occupations and make
recommendations, including those relating to financing, for providing adequate
and coordinated educational programs to produce an appropriate supply of
properly trained personnel. The Council may conduct such studies as it deems
appropriate in furtherance of the requirements of this subdivision. All state
departments and agencies shall cooperate with the Council in the execution of
its responsibilities under this subdivision.

26. Carry out such duties as the Governor may assign to it in response to agency
designations requested by the federal government.

27. Insofar as practicable, preserve the individuality, traditions, and sense of
responsibility of each public institution of higher education in carrying out
its duties.

28. Insofar as practicable, seek the assistance and advice of each public
institution of higher education in fulfilling its duties and responsibilities.

29. Administer the Virginia Longitudinal Data System as a multiagency
partnership for the purposes of developing educational, health, social service,
and employment outcome data; improving the efficacy of state services; and
aiding decision making.

30. Assist the Department of Education with collecting and compiling information
for distribution to high school students that assist such students in making
more informed decisions about post-high-school educational and training
opportunities pursuant to &#xA7; 22.1-206.2.

HISTORY: 1956, c. 311, §§ 23-9.5, 23-9.8, 23-9.13; 1970, c. 294, § 23-9.10:1;
1974, c. 544, § 23-9.6:1; 1977, cc. 319, 413, 676, § 23-261; 1979, cc. 2, 28,
136, 145, 619; 1980, c. 728; 1985, c. 448; 1989, c. 105; 1991, cc. 454, 590;
1992, c. 103; 1996, c. 215; 1997, c. 827; 1999, cc. 451, 460; 2001, c. 841;
2002, cc. 95, 158, 257; 2003, cc. 715, 725; 2004, cc. 176, 195, 502; 2005, cc.
753, 818, 834, 933, 945, § 23-9.8:1; 2006, c. 379; 2009, cc. 55, 56; 2010, cc.
68, 527; 2011, cc. 828, 869; 2012, c. 142; 2014, c. 628; 2016, c. 588, 775;
2017, cc. 314, 376, 796, 816; 2018, cc. 832, 845; 2020, cc. 1164, 1169; 2022,
cc. 343, 344; 2025, c. 144.