TITLE 23. EDUCATIONAL INSTITUTIONS.

§ 23-4.4 amended.
Authorization to transfer interest in patents and copyrights owned by institutions of higher education. Authorizes institutions of higher education to transfer intellectual property in which it has an interest to a private entity without the Governor's approval if (i) the interest was developed without the use of federal funds, (ii) the private entity makes a clear and convincing case to the relevant board that its ownership of the interest is critical to its ability to commercialize that interest, and (iii) the institution receives, at a minimum, compensation equal to the anticipated revenue stream of licensing the interest. HB 2285; CH. 708.

§ 23-7.4:1. See § 2.2-203; HB 1774/SB 1092.

§ 23-9.3:1 added.
Student representative; State Council of Higher Education. Directs the State Council of Higher education to appoint a student advisory committee comprised of students enrolled in public institutions of higher education in the Commonwealth. Appointments must be made in a manner to ensure broad student representation from among the public institutions. Appointments will be for a term of one year each, except that appointments to fill vacancies will be for the unexpired term. Members may be reappointed to serve subsequent or consecutive terms. The State Councill must ensure that at least one member of the student advisory committee is reappointed each year. The student advisory committee initially appointed in 2003 will elect a chairman from among its members. In subsequent years, the advisory committee must elect a chairman from among members who have already served at least one year. The student advisory committee will meet at least twice annually and will advise the State Council of Higher Education regarding such matters as may come before the advisory committee. HB 2364; CH. 710.

§ 23-9.6:1 amended.
State Council of Higher Education. Directs the State Council of Higher Education to review the proposed closure of any academic program in a high demand or critical shortage area, as defined by the Council, by any public institution of higher education and assist in the development of an orderly closure plan. HB 2489; CH. 715.

§§ 2.2-2679 and 23-9.6:1 amended.
Supply and demand for nurses in Virginia. Adds to the duties of the State Council of Higher Education the responsibility for developing, in cooperation with institutions of higher education, the Board of Nursing, and the Advisory Council on the Future of Nursing in Virginia, a strategic statewide plan to ensure an adequate supply of nurses in Virginia. The Council is also directed to recommend to the Governor and the General Assembly such changes in public policy as may be necessary to meet the state's current and future need for essential nursing services. The Advisory Council's statute is amended to require it to develop recommendations to resolve issues pertaining to nurse education, recruitment, and retention and to report its recommendations to and cooperate with the State Council of Higher Education and the Board of Nursing in the development of a strategic statewide plan to ensure an adequate supply of nurses. HB 2818; CH. 725.

§ 23-9.9:01 added.
Higher education; reports of expenditures of state funds. Directs the governing body of each public institution of higher education to provide the State Council of Higher Education annual data indicating the apportionment and amounts of its expenditures by category, including academic costs, administration, research, and public service, as defined by the State Council. The State Council must then compile and submit a report of such data annually to the Governor and the General Assembly. HB 1704; CH. 184.

§ 23-38.55 amended.
Senior Citizens Higher Education Act; emergency. Removes from the definition of "senior citizen" the reference to the income restriction and restores seniors' right to audit courses and take noncredit courses without charge regardless of income. During the 2002 Session, the $15,000 income restriction was increased from $10,000 to $15,000; however, the income restriction was erroneously added to the definition. The bill contains an emergency clause. HB 1868; CH. 700 (effective 3/19/03).

§§ 23-50.16:12, 23-288, and 23-298. See § 25.1-100; SB 1007.

§§ 23-74 and 23-75 amended.
The University of Virginia's Board of Visitors; emergency. Requires the appointment of a rector to preside at the meetings, and a vice-rector to preside in the absence of the rector. Other duties may be performed by the rector and the vice-rector, as the board may prescribe. The terms of the rector and vice-rector will be for two years, commencing on July 1 of the year of appointment and expiring on June 30 of the year of the expiration of their terms. The board may also appoint a substitute pro tempore, as provided in its bylaws, to preside in the absence of the rector and the vice-rector. Vacancies in the offices of rector and vice-rector may be filled by the board for the unexpired term. The membership of the executive committee, appointed to transact business in the recess of the board, must consist of not less than three nor more than six members, i.e., a possible increase of one member. Three enactment clauses at the end of the bill provide that (i) the first rector appointed to succeed the rector whose term expires on or before April 1, 2003, and the vice-rector appointed pursuant to this act will serve for terms that will expire on June 30, 2005; (ii) upon passage of this act, the board of visitors of the University of Virginia must appoint a vice-rector and must provide in its bylaws that a vice-rector will be appointed every 2 years and will automatically succeed the rector, upon the expiration of the rector's term; and (iii) an emergency exists and this act will be in force from its passage. HB 2837; CH. 655 (effective 3/18/03).

§ 23-77.3 amended.
The University of Virginia Medical Center; deemed licensure. Deems the University of Virginia Medical Center to be a licensed hospital for purposes of other law relating to the operation of hospitals licensed by the Board of Health, for so long as the Medical Center maintains its accreditation by the Joint Commission on Accreditation of Health Care Organizations or any successor in interest thereof. The Medical Center will not be deemed to be a licensed hospital to the extent any law relating to licensure of hospitals specifically excludes the Commonwealth or its agencies. As an agency of the Commonwealth, the Medical Center will remain exempt from licensure by the Board of Health and subject to the provisions of the Virginia Tort Claims Act. The bill states that deemed licensure must not be construed as a waiver of the Commonwealth's sovereign immunity. HB 2013; CH. 701.

§ 23-174.4 amended.
Norfolk State University. Changes the appointment date for members of the board of visitors from January 31 to June 30 of any year in which the relevant term expires. HB 2638; CH. 802.

§§ 23-276.2, 23-276.5, and 23-276.6 amended.
Higher education; approval of certain terms. Authorizes the State Council of Higher Education (SCHEV) to refuse to approve and to conditionally approve requests by nonpublic institutions of higher education to use terms deemed by SCHEV to be potentially misleading to consumers, students, or the general public regarding the particular institution's affiliation or association with any public institution of higher education in the Commonwealth. The Council shall, by regulation, designate such terms, which shall include, but shall not be limited to, "public university," "public college," and "community college." However, SCHEV cannot add conditions to revoke or suspend a prior approval of a name. The provision is applicable to those institutions that are otherwise granted exemptions to SCHEV's requirements. SB 1025; CH. 461.

§§ 23-287 and 23-288 amended.
Jamestown-Yorktown Foundation. Grants voting privileges and Board of Trustee membership to any chairmen emeriti of the Jamestown-Yorktown Foundation Board of Trustees; transfers authority to appoint the members of the executive committee from the Board of Trustees to the chairman; provides that the Board chairman and vice-chairman shall be executive committee members; and, in a second enactment clause, provides that, for the period beginning with the election of officers at the fall 2002 semiannual board meeting through the election of officers at the fall semiannual meeting to be held in 2008, during the preparation for and commemoration of the 400th anniversary of the founding of Jamestown, the Board of Trustees shall elect two Co-Chairmen of the Board of Trustees. During this time, the Board of Trustees is to designate one of the two Co-Chairmen to exercise annually the duties of chairman. SB 1128; CH. 879.

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