CHAPTER 311

An Act to provide for the coordination of the State-supported system of
higher education; to this end to amend the Code of Virginia by adding
in Title 23 a chapter numbered 1.1 containing sections numbered 28-9.8
through 23-9.14, creating a State Council of Higher Education; pro-
viding for the appointment, qualifications, terms of office, and com-
pensation of the members thereof; vesting certain powers and duties
in Council; requiring certain budget requests to be submitted to such
Council and providing for consolidation thereof and the submission of
its recommendations to the Governor; to provide for cooperation be-
tween certain agencies as to coordination between the system of public
free schools and the State-supported system of higher education; to
appropriate funds, and to repeal certain statutes. (H 66]

Approved March 10, 1956

Be it enacted by the General Assembly of Virginia:
1, That the Code of Virginia be amended by adding in Title 23 a chapter
Duabened 1.1 containing sections numbered 23-9.3 through 23-9.14 as
ollows:

Chapter 1.1
State Council of Higher Education

§ 23-9.3 (a) There is hereby created a State Council of Higher
Education for Virginia, hereinafter sometimes referred to as the Council.
The purpose of the Council shall be, through the exercise of the powers
and performance of the duties set forth in this chapter, to promote the
development and operation of a sound, vigorous, progressive, and co-
ordinated system of higher education in the State of Virginia. The Coun-
cil shall be composed of persons selected from the State at large without
regard to political affiliation but with due consideration of geographical
representation. Appointees shall be selected for their ability and all ap-
pointments shall be of such nature as to aid the work of the Council and
to inspire the highest degree of cooperation and confidence. No officer,
employee, trustee or member of the governing board of any institution of
higher education, no employee of the Commonwealth or member of the
General Assembly or member of the State Board of Education or a local
school board shall be eligible for appointment to the Council except as
hereinafter specified. All members of the Council shall be deemed mem-
bers at large charged with the responsibility of serving the best interests
of the whole State. No member shall act as the representative of any par-
ticular region or of any particular institution of higher education.

(b) The Council shall consist of nine members of whom eight shall
be appointed by the Governor subject to confirmation by the General
Assembly at its next regular session; the Superintendent of Public Instruc-
tion shall serve as a member ex officio. Of the first members of the Council
appointed by the Governor, two shall be appointed for terms of four years,
two for terms of three years, two for terms of two years, and two for terms
of one year. Successors to the persons so appointed shall be appointed for
terms of four years. All terms shall begin July one. Appointments to fill
vacancies occurring shall be for the unexpired term.

(c) No person having served on the Council for two terms of four
years shall be eligible for reappointment to the Council for two years
thereafter.

(d) Appointive members of the Council shall receive a per diem
compensation in the amount set forth in § 14-29.1 of the Code of Virginia
for each day spent, and shall be paid their actual expenses incurred, in
the performance of their duties as members of the Council.

§ 23-9.4. The Council may employ such personnel as may be required
to assist it in the exercise and performance of its powers and duties.

23-9.5. The Council shall constitute a coordinating council for the
University of Virginia, Mary Washington College of the University of
Virginia, the Medical College of Virginia, the Virginia Military Institute,
Longwood College, Madison College, the College of William and Mary in
Virginia, the Virginia State College, the Virginia Polytechnic Institute and
Radford College, Woman’s Division of the Virginia Polytechnic Institute,
branches or divisions of any of the foregoing, and such other State-sup-
ported institutions of higher education as may in the future be estab-
ished.

§ 23-9.6. (a) The Council is hereby charged with the duty of as-
sembling data and with the aid of the boards and officers of the several
institutions preparing plans under which the several State-supported insti-
tutions of higher education of Virginia shall constitute a coordinating
system. Such plans shall indicate the responsibility of the individual
institutions for developing programs in specified fields of undergraduate,
graduate and professional education. The Council shall have the power,
with the approval of the Governor, in each instance, first obtained, to
limit any institution to such curriculum offerings as conform to the plans
adopted by the Council, provided that any changes in present general pro-
grams of the individual institutions requested by the Council shall not be
made effective until sufficient time is allowed to make the necessary
adjustments in personnel and facilities.

(b) The Council shall visit and study the operations of each such
institution at least once during each biennium, and shall make, or cause
to be made, such other visits and studies as it shall deem necessary.

In carrying out its duties the Council insofar as practicable shall
preserve the individuality, traditions and sense of responsibility of the
respective institutions. It shall have no authority over endowment funds
now held or in the future received by any of the institutions.

§ 23-9.7. The Council shall study questions requiring Statewide
policies in higher education and shall make recommendations with re-
spect to such questions (a) to the institutions of higher education (b)
to the Governor or (c) to the General Assembly, whichever is appropriate.
-The Council shall seek the views and advice of the governing boards and
officers of each institution in arriving at these policies.

§ 23-9.8. The Council shall cooperate with the State Board of Educa-
tion in matters of interest to both the public school and the State-supported
institutions of higher education, particularly in connection with coordina-
tion of the college admission requirements and teacher training programs
with the public school program.

§ 23-9.9 Not less than thirty days prior to submitting its biennial
budget request to the Governor, the governing board of each institution
of higher education supported by the State shall transmit to the Council a
duplicate original of its budget request for maintenance and operation and
for capital outlay. In the light of these requests, and in the light of the
needs of the State for higher education, the Council shall prepare an
estimate of such needs for each year of the ensuing biennium, coordinating
the budget requests for all the institutions but identifying the request of,
and the proposed budget for, each institution, and submit the same within
the time prescribed by § 2-48 of the Code of Virginia to the Governor.

Nothing herein shall prevent any institution from appearing through
its representatives or otherwise before the Governor and his advisory
committee on the budget, the General Assembly or any committee thereof
at any time.

§ 23-9.10. The Council shall determine, in cooperation with both
public and private institutions of higher learning throughout the State,
the probable number of students who will seek a college education, and
based thereon, what locations are suitable for branch institutions or ex-
tension work, choose the existing State institutions which are best suited
to operate such branches or extensions, and ascertain the cost to the
State of such branch or extension institutions as are found to be required.
The Council shall report on these matters on or before October one, nine-
teen hundred fifty-seven, and biennially thereafter to the Governor and
General Assembly of Virginia.
§ 23-9.11. No State institution of higher learning shall establish any
additional branch or division or extension without first referring the
matter to the Council for its information, consideration and recommenda-
tion and without specific approval by the General Assembly of the location
and type of such branch or division; provided, that this section shall not
apply to any branch or division for which funds are specifically appropri-
ae at the regular session of the General Assembly in nineteen hundred

Y-six.

§ 23-9.12. In addition to the other powers and duties herein imposed
upon the Council, the Council shall undertake such studies in the field of
higher education as the Governor and General Assembly, or either of
them, may from time to time require of it.

§ 23-9.13. In making the studies herein directed and in the perform-
ance of its duties hereunder the Council shall, insofar as possible, seek
the cooperation and utilize the facilities of existing State departments,
institutions and agencies.

§ 23-9.14. The powers of the governing boards of the several institu-
tions over the affairs of such institutions shall not be impaired by the pro-
visions of this act except to the extent that powers and duties are herein
specifically conferred upon the State Council of Higher Education.

2. To carry out the purposes of this act there is hereby appropriated to
the State Council of Higher Education the sum of twenty-two thousand
five hundred dollars for each year of the biennium beginning July one,
nineteen hundred fifty-six. Payments from this appropriation shall be
made on warrants of the Comptroller issued upon vouchers signed by the
chairman of the Council or such other person as shall be designated by
the Council for such purpose.

3. All acts and parts of acts in conflict herewith are repealed to the
extent of such conflict.