HB 715

            
2020 SESSION

20104092D

HOUSE BILL NO. 715 

House Amendments in [ ] � February 7, 2020

A BILL to amend and reenact � 23.1-307 of the Code of
Virginia, relating to governing boards of public institutions of higher
education; increases in undergraduate tuition or mandatory fees; certain
disclosures.

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Patron Prior to Engrossment--Delegate Reid 

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Referred to Committee on Education 

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Be it enacted by the General Assembly of Virginia:

1. That � 23.1-307 of the Code of Virginia is amended and
reenacted as follows:

� 23.1-307. Public institutions of higher education; tuition
and fees.

A. The governing board of each public institution of higher
education shall continue to fix, revise, charge, and collect tuition, fees,
rates, rentals, and other charges for the services, goods, or facilities
furnished by or on behalf of such institution and may adopt policies regarding
any such service rendered or the use, occupancy, or operation of any such
facility.

B. Except to the extent included in the institutions six-year
plan as provided in subsection C, if the total of an institutions tuition and
educational and general fees for any fiscal year for Virginia students exceeds
the difference for such fiscal year between (i) the institutions cost of
education for all students, as calculated pursuant to clause (i) of subsection
B of � 23.1-303 and (ii) the sum of the tuition and educational and general fees
for non-Virginia students, the state general funds appropriated for its basic
operations and instruction pursuant to subsection A of � 23.1-303, and its per
student funding provided pursuant to � 23.1-304, the institution shall forgo
new state funding at a level above the general funds received by the
institution during the 2011-2012 fiscal year, at the discretion of the General
Assembly, and shall be obligated to provide increased financial aid to maintain
affordability for students from low-income and middle-income families. This
limitation shall not apply to any portion of tuition and educational and
general fees for Virginia students allocated to student financial aid, an
institutions share of state-mandated salary or fringe benefit increases, increases
in funds other than state general funds for the improvement of faculty salary
competitiveness above the level included in the calculation in clause (i) of
subsection B of � 23.1-303, the institutions progress towards achieving any
financial incentive pursuant to � 23.1-305, unavoidable cost increases such as
operation and maintenance for new facilities and utility rate increases, or
other items directly attributable to an institutions unique mission and
contributions.

C. Nothing in subsection B shall prohibit an institution from
including in its six-year plan required by � 23.1-306 (i) new programs or
initiatives including quality improvements or (ii) institution-specific funding
based on particular state policies or institution-specific programs, or both,
that will cause the total of the institutions tuition and educational and
general fees for any fiscal year for Virginia students to exceed the difference
for such fiscal year between (a) the institutions cost of education for all
students, as calculated pursuant to clause (i) of subsection B of � 23.1-303,
and (b) the sum of the tuition and educational and general fees for the
institutions non-Virginia students, the state general funds appropriated for
its basic operations and instruction pursuant to subsection A of � 23.1-303,
and its per student funding provided pursuant to � 23.1-304.

D. No governing board of any public institution of higher
education shall approve an increase in undergraduate tuition or mandatory fees
without providing students and the public a projected range of the planned
increase, [ an explanation of the need for the increase, an
explanation of the factors that contribute to the need for the planned
increase, an explanation of the planned use of the revenue generated by the planned
increase, ] and notice of (i) the date, time, and location of the
meeting at which public comment is permitted pursuant to subsection E at least
10 days prior to such meeting and (ii) the date and location of any vote on
such increase at least 30 days prior to such vote.

E. Prior to any vote referenced in subsection D, the governing
board of each public institution of higher education shall permit public
comment on the proposed increase at a meeting, as that term is defined in �
2.2-3701, of the governing board. Each such governing board shall establish
policies for such public comment, which may include reasonable time
limitations.

F. At any meeting at which the governing board of a public
institution of higher education approves an increase in undergraduate tuition
and mandatory fees, the governing board shall provide an explanation of any
deviation from the projected range provided pursuant to subsection D.

G. No later than August 1 of each year, the Council shall
provide to the Governor and the Chairmen of the House Committee on
Appropriations, the House Committee on Education, the Senate Committee on
Education and Health, and the Senate Committee on Finance a report on any
increase in undergraduate tuition and mandatory fees at a public institution of
higher education, the public comment relating to such increase in undergraduate
tuition and mandatory fees, and any deviation in the increase in undergraduate
tuition and mandatory fees from the increase projected in the institutional
six-year plan provided pursuant to � 23.1-306.