JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No.
Virginia2026Enacted
HB1385
Changes to Public Higher Education Board Rules
Last scannedAug 22, 2026, 5:26 AM
In one sentence
This act changes how governing boards of public colleges and universities are set up and what they do, including longer terms for board members and new rules about shared decision-making.
What it does
- Increases the term length for each member of a college or university's governing board from four years to six years.
- Requires each governing board to create policies that help different parts of their institution work together in making decisions (shared governance).
- Directs the State Council of Higher Education for Virginia to form groups that will look at how legal advice is given and used by public higher education institutions, and suggest ways to improve it.
- Allows certain people or bodies to ask the Attorney General to review if a college's legal counsel is doing their job well.
- Adds rules about when board members must not take part in decisions because of personal interests.
Who it affects
- Governing boards and members of public colleges and universities in Virginia.
- The State Council of Higher Education for Virginia, which will form work groups to study legal counsel issues.
Limits and unknowns
- The bill was vetoed by the Governor, who believed certain provisions could politicize higher education institutions.
- Some parts of the bill were not clearly connected to recent governance challenges faced by public colleges and universities.
- The effective date is currently unknown as the bill has been vetoed.
Plain language
Terms to know
- Shared governance
- A system where different parts of an institution (like faculty, staff, and administration) work together in decision-making processes.
- Work group
- A team formed to study a specific issue or problem and make recommendations for improvement.
Official record
Sources
Official summary
Public institutions of higher education; governing boards; membership and duties; work groups. Revises the membership and duties of the governing board of each public institution of higher education by, among other things, increasing from four years to six years the terms of each member of the governing board and requiring the governing board of each public institution of higher education to adopt policies defining and implementing shared governance among the components of the institution's organizational structure. The bill also directs the State Council of Higher Education for Virginia to convene work groups for the purpose of developing model shared governance policies, in accordance with the provisions of the bill, and for the purpose of studying and making recommendations on (i) institutional structures and processes relating to legal counsel; (ii) the current selection and use of outside legal counsel by public institutions of higher education; (iii) a process by which (a) the governing board of any public institution of higher education, the Governor, or the General Assembly or a committee thereof with relevant oversight responsibility, upon determining that the legal counsel of a public institution of higher education is not acting in the best interests of the institution, including due to a conflict of interest, failure to defend the lawful authority of the public institution of higher education, or failure to comply with state law, may request the Attorney General to review the adequacy of such legal representation and (b) upon a determination by the Attorney General or the General Assembly or a committee thereof with relevant oversight responsibility that such institution is not receiving adequate legal representation, the governing board of any public institution of higher education may request additional representation or approve alternate counsel as necessary to protect the interests of the institution; and (iv) policies for requiring any individual member of a governing board of a public institution of higher education to recuse himself from or not participate in any vote or decision of the governing board on any matter in which he has a personal or pecuniary interest or any partisan or ideological interest that would compromise his ability to vote or act objectively and in accordance with the primary duties set forth in relevant law. This bill incorporates HB 780, HB 939, and HB 1069 and is identical to SB 494.
Official activity
Bill history
- Vetoed by GovernorGovernor
- Communicated to GovernorHouse
- Governor's Action Deadline 11:59 p.m., May 23, 2026Governor
- Passed by for the dayHouse
- Passed by for the dayHouse
- Governor's recommendation received by HouseGovernor
- Enrolled Bill communicated to Governor on March 31, 2026House
- Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
- Signed by SpeakerHouse
- Enrolled Bill communicated to Governor on March 31, 2026House
- Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
- Fiscal Impact Statement from Department of Planning and Budget (HB1385)House
- Signed by PresidentSenate
- EnrolledHouse
- Bill text as passed House and Senate (HB1385ER)House
- Conference Report releasedConference
- Passed by temporarilyHouse
- Conference report agreed to by Senate (21-Y 18-N 0-A)Senate
- Passed by temporarilyHouse
- Conference report agreed to by House (62-Y 34-N 0-A)House
Changes
Amendments
4 stored
(HB1385) GOVERNOR'S RECOMMENDATION I approve the general purpose of this bill, but I am returning it without my signature with the request that the attached Amendment in the Nature of a Substitute (26110296D) be accepted.
2026 SESSION HOUSE SUBSTITUTE 26109947D HOUSE BILL NO.
2026 SESSION HOUSE SUBSTITUTE 26110296D HOUSE BILL NO.