HB1385 • 2026

Higher educational institutions, public; membership of governing boards.

An Act to amend and reenact §§ 23.1-203, 23.1-1300, 23.1-1303, 23.1-1304, 23.1-1306, 23.1-2303, and 23.1-2601 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-1303.1, relating to public institutions of higher education; governing boards; powers and duties relating to legal counsel; membership appointment, terms, and composition; duties relating to shared governance; requirements; work group; report.

Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Franklin, L.V.
Last action: 2026-05-19
Official status: Governor's Veto
Effective date: Not listed

Plain English Breakdown

The official summary and text do not provide specific details about the exact nature of the 'recent governance challenges' mentioned in the candidate explanation.

Changes to Public Higher Education Board Rules

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 This Bill 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 Names or 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.

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.

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.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB1385AC

2026-03-14 • Conference

Conference Report

Plain English: JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No.

JOINT CONFERENCE COMMITTEE REPORT We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No.
1385 , report as follows: A.
We recommend that the Senate Amendment in the Nature of a Substitute (26108794D) be rejected.
B.

HB1385G

2026-04-13 • Governor

Governor's Recommendation

Plain English: (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.

(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.

HB1385H2

2026-03-14 • Conference

Conference Report Substitute

Plain English: 2026 SESSION HOUSE SUBSTITUTE 26109947D HOUSE BILL NO.

2026 SESSION HOUSE SUBSTITUTE 26109947D HOUSE BILL NO.
1385 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Joint Conference Committee on March 14, 2026) (Patrons Prior to Substitute—Delegates Franklin, L.V.
[HB 939], Callsen [HB 780], and Laufer [HB 1069]) A BILL to amend and reenact §§ 23.1-203 , 23.1-1300 , 23.1-1303 , 23.1-1304 , 23.1-1306 , 23.1-2303 , and 23.1-2601 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-1303.1 , relating to public institutions of higher education; governing boards; powers and duties relating to legal counsel; membership appointment, terms, and composition; duties relating to shared governance; requirements; work group; report.
Be it enacted by the General Assembly of Virginia: 1.

HB1385H3

2026-04-14 • Governor

Governor Substitute

Plain English: 2026 SESSION HOUSE SUBSTITUTE 26110296D HOUSE BILL NO.

2026 SESSION HOUSE SUBSTITUTE 26110296D HOUSE BILL NO.
1385 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 13, 2026) (Patrons Prior to Substitute—Delegates Franklin, L.V.
[HB 939], Callsen [HB 780], and Laufer [HB 1069]) A BILL to amend and reenact §§ 2.2-2519 , 23.1-203 , 23.1-1300 , 23.1-1303 , 23.1-1304 , and 23.1-2601 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-1303.1 , relating to public institutions of higher education; legal counsel; appointment, confirmation, training, quorum, and duties of governing board members.
Be it enacted by the General Assembly of Virginia: 1.

Bill History

2026-05-19 Governor
Vetoed by Governor
2026-04-23 House
Communicated to Governor
2026-04-23 Governor
Governor's Action Deadline 11:59 p.m., May 23, 2026
2026-04-23 House
Passed by for the day
2026-04-22 House
Passed by for the day
2026-04-13 Governor
Governor's recommendation received by House
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Signed by Speaker
2026-03-31 House
Enrolled Bill communicated to Governor on March 31, 2026
2026-03-31 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-31 House
Fiscal Impact Statement from Department of Planning and Budget (HB1385)
2026-03-30 Senate
Signed by President
2026-03-30 House
Enrolled
2026-03-30 House
Bill text as passed House and Senate (HB1385ER)
2026-03-14 Conference
Conference Report released
2026-03-14 House
Passed by temporarily
2026-03-14 Senate
Conference report agreed to by Senate (21-Y 18-N 0-A)
2026-03-14 House
Passed by temporarily
2026-03-14 House
Conference report agreed to by House (62-Y 34-N 0-A)
2026-03-11 House
Conferees appointed by House
2026-03-11 House
House Conferees: Franklin of Montgomery, Carr, Zehr
2026-03-10 Senate
Senate Conferees: Deeds, Locke, Pillion, Surovell
2026-03-10 Senate
Conferees appointed by Senate
2026-03-09 House
House acceded to request
2026-03-06 Senate
Senate requested conference committee
2026-03-06 Senate
Senate insisted on amendments Block Vote (40-Y 0-N 0-A)
2026-03-04 House
Senate substitute rejected by House (1-Y 94-N 0-A)
2026-03-03 Education and Health
Fiscal Impact Statement from Department of Planning and Budget (HB1385)
2026-03-02 Senate
Read third time
2026-03-02 Senate
Read third time
2026-03-02 Senate
Engrossed by Senate - committee substitute
2026-03-02 Education and Health
Education and Health Substitute agreed to
2026-03-02 Senate
Passed Senate with substitute (20-Y 20-N 0-A)
2026-02-27 Education and Health
Senate committee offered
2026-02-27 Education and Health
Senate committee offered
2026-02-27 Senate
Rules suspended
2026-02-27 Senate
Passed by for the day
2026-02-27 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)
2026-02-27 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-27 Education and Health
Committee substitute printed 26108794D-S1
2026-02-26 Education and Health
Reported from Education and Health with substitute (10-Y 5-N)
2026-02-19 Education
Fiscal Impact Statement from Department of Planning and Budget (HB1385)
2026-02-18 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-18 Education and Health
Referred to Committee on Education and Health
2026-02-17 House
Read third time and passed House (62-Y 35-N 0-A)
2026-02-16 House
Read second time
2026-02-16 House
committee substitute agreed to
2026-02-16 House
Engrossed by House - committee substitute
2026-02-13 House
Read first time
2026-02-11 House
Incorporates HB1069 (Laufer)
2026-02-11 House
Incorporates HB780 (Callsen)
2026-02-11 House
Incorporates HB939 (Franklin, L.V.)
2026-02-11 Education
Reported from Education with substitute (14-Y 7-N)
2026-02-11 Education
Committee substitute printed 26107251D-H1
2026-02-09 Higher Education
Subcommittee recommends reporting with substitute (7-Y 3-N)
2026-02-09 Higher Education
House subcommittee offered
2026-02-06 House
Fiscal Impact Statement from Department of Planning and Budget (HB1385)
2026-02-05 Higher Education
Assigned HED sub: Higher Education
2026-01-21 House
Presented and ordered printed 26105297D
2026-01-21 Education
Referred to Committee on Education

Official Summary Text

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.

Current Bill Text

Read the full stored bill text

(HB1385)
GOVERNOR'S VETO
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1385, which would make several changes to the governance of public institutions of higher education.
The Commonwealth's public institutions of higher education provide world-class educations and conduct groundbreaking research. Strengthening these institutions requires strong, effective governance across our colleges and universities, and recent challenges have demonstrated the importance of reinforcing governance structures and processes so that our institutions remain resilient and successfully advance their missions.
I offered amendments that would remove certain provisions that could further politicize our institutions of higher education and undermine the current efforts of my Administration and Boards to stabilize governance of the Commonwealth's universities. I also removed provisions that had no clear connection to addressing the challenges our boards have experienced in recent years. My amendments would have further clarified various timelines and processes for appointments to affirm the General Assembly's role and responsibility in confirming appointments.
While the General Assembly rejected my amendments, I remain committed to enacting reforms that will strengthen higher education governance in Virginia.
Accordingly, I veto this bill.