2006 Code of Virginia § 23-9.6:1 - Duties of Council generally

23-9.6:1. Duties of Council generally.

In addition to such other duties as may be prescribed elsewhere, the StateCouncil of Higher Education shall:

1. Develop a statewide strategic plan that reflects the goals set forth insubsection B of 23-38.88 for higher education in the Commonwealth,identifies a coordinated approach to such state and regional goals, andemphasizes the future needs for higher education in Virginia at both theundergraduate and the graduate levels, as well as the mission, programs,facilities and location of each of the existing institutions of highereducation, each public institution's six-year plan, and such other matters asthe Council deems appropriate. The Council shall revise such plans at leastonce every six years and shall submit such recommendations as are necessaryfor the implementation of the plan to the Governor and the General Assembly.

2. Review and approve or disapprove any proposed change in the statement ofmission of any presently existing public institution of higher education andto define the mission of all public institutions of higher education createdafter the effective date of this provision. The Council shall, within thetime prescribed in subdivision 1, make a report to the Governor and theGeneral Assembly with respect to its actions hereunder. No such actions shallbecome effective until 30 days after adjournment of the session of theGeneral Assembly next following the filing of such a report. Nothingcontained in this provision shall be construed to authorize the Council tomodify any mission statement adopted by the General Assembly, nor to empowerthe Council to affect, either directly or indirectly, the selection offaculty or the standards and criteria for admission of any publicinstitution, whether related to academic standards, residence or othercriteria; it being the intention of this section that faculty selection andstudent admission policies shall remain a function of the individualinstitutions.

3. Study any proposed escalation of any public institution to adegree-granting level higher than that level to which it is presentlyrestricted and to submit a report and recommendation to the Governor and theGeneral Assembly relating to the proposal. The study shall include the needfor and benefits or detriments to be derived from the escalation. No suchinstitution shall implement any such proposed escalation until the Council'sreport and recommendation have been submitted to the General Assembly and theGeneral Assembly approves the institution's proposal.

4. Review and approve or disapprove all enrollment projections proposed byeach public institution of higher education. The Council's projections shallbe in numerical terms by level of enrollment and shall be used for budgetaryand fiscal planning purposes only. The Council shall develop estimates of thenumber of degrees to be awarded by each institution and include thoseestimates in its reports of enrollment projections. The student admissionspolicies for the institutions and their specific programs shall remain thesole responsibility of the individual boards of visitors; however, allfour-year institutions shall adopt dual admissions policies with thecommunity colleges, as required by 23-9.2:3.02.

5. Review and approve or disapprove all new academic programs which anypublic institution of higher education proposes. As used herein, "academicprograms" include both undergraduate and graduate programs.

6. Review and require the discontinuance of any undergraduate or graduateacademic program that is presently offered by any public institution ofhigher education when the Council determines that such academic program is(i) nonproductive in terms of the number of degrees granted, the number ofstudents served by the program, the program's effectiveness, and budgetaryconsiderations, or (ii) supported by state funds and is unnecessarilyduplicative of academic programs offered at other public institutions ofhigher education in the Commonwealth. The Council shall make a report to theGovernor and the General Assembly with respect to the discontinuance of anysuch academic program. No such discontinuance shall become effective until 30days after the adjournment of the session of the General Assembly nextfollowing the filing of such report.

7. Review and approve or disapprove the creation and establishment of anydepartment, school, college, branch, division or extension of any publicinstitution of higher education that such institution proposes to create andestablish. This duty and responsibility shall be applicable to the proposedcreation and establishment of departments, schools, colleges, branches,divisions and extensions, whether located on or off the main campus of theinstitution in question. If any organizational change is determined by theCouncil to be proposed solely for the purpose of internal management and theinstitution's curricular offerings remain constant, the Council shall approvethe proposed change. Nothing in this provision shall be construed toauthorize the Council to disapprove the creation and establishment of anydepartment, school, college, branch, division or extension of any institutionthat has been created and established by the General Assembly.

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

9. Develop a uniform, comprehensive data information system designed togather all information necessary to the performance of the Council's duties.The system shall include information on admissions, enrollments,self-identified students with documented disabilities, personnel, programs,financing, space inventory, facilities and such other areas as the Councildeems appropriate.

10. Develop in cooperation with institutions of higher education guidelinesfor the assessment of student achievement. An institution shall use anapproved program that complies with the guidelines of the Council and isconsistent with the institution's mission and educational objectives in thedevelopment of such assessment. The Council shall report the institutions'assessments of student achievement in the biennial revisions to the state'smaster plan for higher education.

11. Develop in cooperation with the appropriate state financial andaccounting officials and to establish uniform standards and systems ofaccounting, record keeping and statistical reporting for the publicinstitutions of higher education.

12. Review biennially and approve or disapprove all changes in the inventoryof educational and general space that any public institution of highereducation may propose, and to make a report to the Governor and the GeneralAssembly with respect thereto. No such change shall be made until 30 daysafter the adjournment of the session of the General Assembly next followingthe filing of such report.

13. Visit and study the operations of each of the public institutions ofhigher education at such times as the Council shall deem appropriate and toconduct such other studies in the field of higher education as the Councildeems appropriate or as may be requested by the Governor or the GeneralAssembly.

14. Provide advisory services to private, accredited and nonprofitinstitutions of higher education, whose primary purpose is to providecollegiate or graduate education and not to provide religious training ortheological education, on academic, administrative, financial and spaceutilization matters. The Council may also review and advise on jointactivities, including contracts for services between such public and privateinstitutions of higher education or between such private institutions and anyagency of the Commonwealth or political subdivision thereof.

15. Adopt such rules and regulations as the Council believes necessary toimplement all of the Council's duties and responsibilities as set forth inthis Code. The various public institutions of higher education shall complywith such rules and regulations.

16. Issue guidelines consistent with the provisions of the federal FamilyEducation Rights and Privacy Act (FERPA), 20 U.S.C. 1232g requiring publicinstitutions of higher education to release a student's academic anddisciplinary record to a student's parent.

17. Develop and revise, as it deems necessary, in consultation with theCoordinator of Emergency Management, a model institutional crisis andemergency management plan for the purpose of assisting public and privatetwo-year and four-year institutions of higher education in establishing,operating, and maintaining emergency services and disaster preparednessactivities.

18. Require that each institution of higher education formed, chartered, orestablished in the Commonwealth after July 1, 1980, shall ensure thepreservation of student transcripts in the event of institutional closure orrevocation of approval to operate in the Commonwealth of Virginia. Aninstitution may provide for the preservation of student transcripts bybinding agreement with another institution of higher education with which itis not corporately connected or in such other way as the Council mayauthorize by regulation. In the event an institution closes, or has itsapproval to operate in the Commonwealth revoked, the Council, through itsDirector, may take such action as is necessary to secure and preserve thestudent transcripts until such time as an appropriate institution accepts allor some of the transcripts. Nothing in this section shall be deemed tointerfere with the right of a student to his own transcripts; nor shall thissection authorize disclosure of student records except as may otherwise beauthorized by law.

19. Develop, in cooperation with the institutions of higher education, theBoard of Nursing, and the Advisory Council on the Future of Nursing inVirginia, a strategic statewide plan to ensure an adequate supply of nurses.The Council shall recommend to the Governor and the General Assembly suchchanges in public policy as may be necessary to meet the state's current andfuture need for essential nursing services.

20. Require the development and submission of articulation, transfer, anddual enrollment and admissions agreements between two- and four-year publicinstitutions of higher education in Virginia, including programs forqualified students to be simultaneously accepted by a community college and afour-year public institution of higher education and, upon successfulcompletion of an associate degree program from the community college, to beautomatically enrolled in the four-year institution of higher education. Dualadmissions agreements shall set forth (i) the obligations of the studentsaccepted in such programs, including grade point average requirements,acceptable associate degree majors, and completion timetables; and (ii) thestudent's access to the privileges of enrollment in both institutions duringthe time enrolled in either institution. Such agreements shall be subject tothe admissions requirements of the four-year institutions, except as providedin 23-9.2:3.02.

21. Provide periodic updates of base adequacy funding guidelines adopted bythe Joint Subcommittee Studying Higher Education Funding Policies for thevarious public institutions.

In carrying out its duties and responsibilities, the Council, insofar aspracticable, shall preserve the individuality, traditions and sense ofresponsibility of the respective institutions. The Council, insofar aspracticable, shall seek the assistance and advice of the respectiveinstitutions in fulfilling all of its duties and responsibilities.

(1974, c. 544; 1979, c. 619; 1989, c. 105; 1991, c. 590; 1996, c. 215; 1999,cc. 451, 460; 2001, c. 841; 2002, c. 95; 2003, cc. 715, 725; 2004, c. 502;2005, cc. 818, 933, 945; 2006, c. 379.)