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General Assembly Report to SCHEV
March 20, 2012
SCHEV Legislation/Assignments
HB441 sponsored by Delegate Tata clarifies that only credits earned in academic subject area
coursework as part of the Uniform Certificate of General Studies shall be transferable to a fouryear public institution of higher education. (Passed)
HB151 sponsored by Delegate Dickie Bell required SCHEV to develop a uniform lower division
curriculum consisting of no more than 60 credit hours. The curriculum would be uniform across
all public institutions of higher education and would specify the lower division courses, and the
number thereof, satisfying the requirements, prerequisites, and electives for each program
major, including those for general education. The completion of the uniform lower division
curriculum at a community college would be transferable to any public institution of higher
education. (Left in Education)
HJ97 sponsored by Delegate Merricks asked SCHEV to study the management and structure of
the Commonwealth's four regional higher education centers. The study would review best
practices in the administration of higher education centers; opportunities for efficiency in the
operation of higher education centers; and strategies that would ensure higher education
centers meet statewide and regional goals. (Continued to 2013)
SB169 sponsored by Senator Petersen allowed a private or out-of-state institution of higher
education whose certification has been revoked by SCHEV to continue to enroll students for up
to five years, provided that it demonstrated to the Council that it had undergone a change in
leadership and was actively pursuing recertification by the Council. (Stricken)
Institutional Purview and Oversight
HB1083 sponsored by Delegate Hugo required that the boards of visitors at the public
institutions establish rules that at least 75 percent of students enrolled be Virginia domiciles.
According to the Fiscal Impact Statement, the loss in revenue to the four affected schools would
total more than 115-million-dollars.The Virginia Higher Education Opportunity Act of 2011
provided for increased enrollment of in-state students and signaled the Governor’s and the
General Assembly’s preferred approach of incentivizing increased enrollment through perstudent funding. SCHEV supported the Governor’s approach. (Left in Education)
HB474 sponsored by Delegate Albo provided that the governing bodies of the public institutions
would not pay an employee a salary from state funds that was greater than 125 percent of the
salary of the Governor of the Commonwealth. (Passed by indefinitely)
1
HB1004 sponsored by Delegate Ramadan required that the boards of visitors at the public
institutions set tuition and fee charges at levels they deemed to be appropriate for all
nonresident student groups at each such institution based on competitive market rates, provided
that the tuition and fee rates for nonresident undergraduate students were at least 100 percent
of the average cost of education at that institution. (Left in Education)
HB1247 sponsored by Delegate Ramadan required that the boards of visitors at the public
institutions ensure all funds received from in-state undergraduate tuition and all funds received
from the Commonwealth were dedicated to the purpose of undergraduate education and that 65
percent of such funds were dedicated to instructional expenses. (Left in Education)
HJ108 sponsored by Delegate Landes directs the Joint Legislative Audit and Review
Commission to study the cost efficiency of the Commonwealth's institutions of higher education
and to identify opportunities to reduce the cost of public higher education in Virginia. The twoyear study will conclude in November 2014. (Passed)
HB639 sponsored by Delegate Stolle required public and private nonprofit institutions of higher
education to publish data on the proportion of graduates with employment at 18 months and five
years after the date of graduation. This bill was amended so that SCHEV shall publish this
information on its website as part of the agency’s Virginia Longitudinal Data System (VLDS)
project. The published data shall be consistent with the Government Data Collection and
Dissemination Practices Act and the federal Family Educational Rights and Privacy Act and
have a sunset date of June 30, 2017. (Passed)
HB655 sponsored by Delegate Kory required each four-year public institution to report annually
its four-year graduation rate to the State Council of Higher Education for Virginia (SCHEV) and
required SCHEV to publish this information on its website. (Left in Education)
HB1031 sponsored by Delegate Englin required that the public institutions grant course credit to
any student who earned a three or higher on an Advanced Placement examination or a
comparable score for courses in the International Baccalaureate or Cambridge Advanced
programs. (Left in Education)
HB331 sponsored by Delegate Villanueva modified the educational, artistic, and theatrical
exemption to obscenity laws by providing that certain crimes (child pornography and use of
communications systems to facilitate certain offenses involving children) were not subject to the
exemption. (Passed by indefinitely)
HB1207 sponsored by Delegate Pogge provided that no institution of higher learning could
penalize or deny academic credit to a student because he refused to perform academic
coursework because it would force him to violate a sincerely held religious belief. SCHEV could
not recognize any accrediting agency that took action against an institution that exempted
students from academic coursework for such reason. The Attorney General or any student,
prospective student, or former student aggrieved under the bill could bring a civil action against
the institution of higher learning, SCHEV, or the relevant accrediting agency. (Continued to
2013)
HB703 sponsored by Delegate Filler-Corn provides that the boards of visitors of public
institutions shall not refer a student account to collections for nonpayment before required by
the Department of Accounts. This restriction shall not apply to public institutions of higher
education that have entered into Management Agreements with the Commonwealth. (Passed)
2
SB104 sponsored by Senator Edwards required the public institutions to grant a 50 percent
tuition waiver to dependent students of current full-time faculty members who had been
employed full time by any one or more public Virginia colleges or universities for an aggregate
period of at least seven years. The waiver would be valid at any public institution of higher
education. (Left in Appropriations)
HB764 sponsored by Delegate Peace provides that no public institution shall be authorized to
enter into an indemnification agreement to indemnify any person or entity against damages
arising from a sponsored project conducted by such institution. (Passed)
Immigration
HB1282 sponsored by Delegate Cline provided that an alien who is unlawfully present in the
United States would not be eligible on the basis of residency within Virginia for any
postsecondary educational benefit including, but not limited to, in-state tuition and state financial
aid. (Referred to Courts of Justice but never heard in committee)
HB779 sponsored by Delegate Lopez established that an undocumented person who is
unlawfully present in the United States would not be eligible for in-state tuition unless he met a
number of criteria. Sometimes called the “checklist” approach this list included attendance and
graduation from a high school in Virginia, an affidavit stating the student has filed an application
to become a permanent resident of the United States, and evidence that the student or a parent
has filed Virginia income tax returns for at least three years. (Referred to Courts of Justice
but never heard in committee)
Military
HB195 sponsored by Delegate Lewis required that the governing boards of public institutions
implement policies to award academic credit to students for educational experience gained from
military service. With the consent of the patron, this bill was amended to allow SCHEV’s Military
Education Advisory Committee to address this issue when it begins holding meetings later this
year. (Passed)
HB548 sponsored by Delegate Comstock requires the public institutions to provide active duty
military personnel with certain administrative benefits, including preferences for class
registration. With the consent of the patron, this bill was amended to allow SCHEV’s Military
Education Advisory Committee to address this issue when it begins holding meetings later this
year. (Passed)
SB508 sponsored by Senator Wagner gave any member of the Virginia National Guard residing
in Virginia in-state tuition at a public institution. A financial impact statement from JLARC
estimated a total loss of between $724,190 and $4,178,550 in fiscal year 2013, the majority of
which would be experienced by the Virginia Military Institute. (Left in Appropriations)
SB605 sponsored by Senator McWaters provided that, for current and former military personnel
and their dependents, the intent to attend a public institution of higher education in the
Commonwealth is sufficient for the purpose of establishing domiciliary intent and determining
eligibility for in-state tuition rates. (Continued to 2013)
3
Campus Safety/Firearms
HB305 sponsored by Delegate Crockett-Stark increased the Department of Emergency
Management's oversight of institutional crisis and emergency management plans by requiring
institutions to certify in writing to the Department that the required annual reviews and functional
exercises have been conducted. (Passed)
HB352 sponsored by Delegate John Cox requires the Department of Criminal Justice Services
and the Virginia Criminal Injuries Compensation Fund to be the lead responding agencies for
victims during critical events and emergencies at public institutions of higher education.
(Passed)
HB749 sponsored by Delegate Cline added campus police officers to the list of officers who,
when victims of assault and battery, subjected the perpetrator to enhanced punishment, a Class
6 felony instead of a Class 1 misdemeanor. (Left in Appropriations)
HB771 sponsored by Delegate Landes provides that campus police officers, as appointed by
public and private institutions of higher education, are included within the definition of lawenforcement officer. (Passed)
HB965 sponsored by Delegate Rob Bell requires campus police to enter into mutual aid
agreements with a local law-enforcement agency or the State Police for cooperation in providing
assistance with the investigation of deaths and alleged rapes occurring on college campuses.
(Passed)
HB969 sponsored by Delegate Rob Bell requires each attorney for the Commonwealth to invite
any chiefs of campus police located within the jurisdiction to the annual Sexual Assault
response Team (SART) meeting. (Passed)
HB1152 sponsored by Delegate Massie authorizes threat assessment teams established by
private nonprofit institutions of higher education to receive health and criminal history records of
students for the purposes of assessment and intervention. (Passed)
HB91 sponsored by Delegate Bob Marshall allowed full-time faculty members of public
institutions who possess a valid Virginia concealed handgun permit to carry a concealed
handguns on campus. (Left in Militia, Police, and Public Safety)
HB375 sponsored by Delegate Pogge provides that no locality shall adopt any workplace rule
that prevents an employee of that locality from storing a lawfully possessed firearm and
ammunition in a locked vehicle. The bill was amended to say the provisions shall not apply to a
state-governed entity, department, or agency. (Passed)
HB1226 sponsored by Delegate Torian gave the boards of visitors at institutions the power to
establish rules and regulations for the possession or transportation of firearms or ammunition on
property owned or operated by the institution. (Stricken)
4
Child Abuse Reporting
HB4 sponsored by Delegate Bob Marshall added athletic coaches and athletic directors in
public or private schools or in institutions of higher education to the list of persons required to
report child abuse or neglect to the Department of Social Services. (Left in Health, Welfare,
and Institutions)
HB970 sponsored by Delegate Rob Bell adds any person employed by a public or private
institution of higher education (other than an attorney who is employed by a public or private
institution of higher education who obtains information about suspected abuse or neglect of a
child in the course of providing legal representation to a client) to the list of individuals required
to report suspected abuse or neglect of a child. (Passed)
SB 239 sponsored by Senator Stuart adds any person employed by a public or private
institution of higher education (other than law school professors who gain information in the
course of providing legal representation) to the list of individuals required to report suspected
child abuse or neglect; reduces the time limit for reporting time from 72 hours to 24 hours;
increases the penalty for a second or subsequent failure to report; provides that, in cases
evidencing acts of rape, sodomy, or object sexual penetration, a person who knowingly and
intentionally fails to make the required report shall be guilty of a Class 1 misdemeanor; and
provides that no mandatory reporter shall be required to make a report if the person has actual
knowledge that the same matter has already been reported to the local department or via the
Department's toll-free child abuse and neglect hotline. (Passed)
Mental Health
HB662 sponsored by Delegate Surovell required the State Board for Community Colleges to
develop standards and policies directing community colleges to adopt, incrementally and as
resources became available, a mental health services action plan. (Left in Education)
HB697 sponsored by Delegate Filler-Corn required the governing boards of each institution to
develop and implement a policy requesting each student to identify points of contact to be
notified should the student experience a mental health crisis while attending the institution.
(Continued to 2013)
HB852 sponsored by Delegate Yost clarifies that an institution of higher education may require
that any accepted student provide a complete student record, including any mental health
record, from not only his high school but also any other institution of higher education. (Passed)
HB853 sponsored by Delegate Yost provides that two-year public institutions of higher
education shall develop and implement policies to advise students, faculty, and staff of the
proper procedures for identifying and addressing the needs of students exhibiting suicidal
behavior. The final version of the bill gives the VCCS the discretion to determine when and
where training is appropriate which addressed the VCCS’s concerns about a mandate for
training. (Passed)
5
HB900 sponsored by Delegate Brink provides that any person licensed to diagnose and treat
mental, emotional, or behavioral disorders who is treating a student may determine to withhold
parental notification of a dependent student's mental health treatment if such person determines
that the notification may result in substantial harm. Currently, only a physician or clinical
psychologist can make such a determination. (Passed)
SB624 sponsored by Senator Petersen requires public institutions to notify parents any time the
institution receives notification from any source that a student may be suicidal, to the extent
permitted by federal law. (Continued to 2013)
FOIA
HB816 sponsored by Delegate Bob Marshall provided that if a Virginia college or university uses
funds from one of its affiliated foundations to pay for costs incurred by the college or university
in relation to the enforcement of the Virginia Freedom of Information Act, the foundation would
provide a list of its donors for the prior three years to the college or university. The college or
university would disclose this list to any party upon request and shall make no attempt to
withhold it. (Continued to 2013)
HB817 sponsored by Delegate Bob Marshall provided that a Virginia college or university could
only use funds appropriated to it from general fund revenues, and not from any other source, to
pay for any costs incurred by the college or university in relation to the enforcement of the
Virginia Freedom of Information Act. (Continued to 2013)
VCCS
SB85 sponsored by Senator Favola extended eligibility for the Two-Year College Transfer Grant
program by including students whose Expected Family Contribution is no more than $12,000.
Currently the program is available only to students whose Expected Family Contribution is no
more than $8,000. (Left in Appropriations)
HB1184 sponsored by Delegate Rust requires local school boards and community colleges to
develop agreements allowing high school students to complete an associate's degree or a oneyear Uniform Certificate of General Studies from a community college concurrent with a high
school diploma. (Passed)
HJ95 sponsored by Danny Marshall established a joint subcommittee to study the feasibility and
implications of the option for community colleges to offer selected baccalaureate degrees in
high-demand fields at limited geographic locations for needs that are currently unmet by other
institutions of higher education in the Commonwealth. (Left in committee)
SJ 19 sponsored by Senator Favola asked SCHEV to study the feasibility for community
colleges to offer selected baccalaureate degrees in high-demand fields, particularly in
geographic areas underserved by other public institutions of higher education. (Stricken)
SB255 sponsored by Senator John Miller required Thomas Nelson Community College
(TNCC) to create a pilot program to allow certain high school seniors to enroll in TNCC full-time.
Tuition and fees would be paid as follows: one-third by the student, one-third by the local school
division the student had attended immediately preceding the program and one-third by the
Commonwealth. (Left in Appropriations)
6
SB100 sponsored by Senator Edwards established the Two-Year College Scholarship Match
Program to provide matching funds to two-year college foundations and the Virginia Foundation
for Community College Education. (Left in Education)
Virginia College Savings Plan
HB819 sponsored by Bob Marshall required the Virginia College Savings Plan to accept as
payment under prepaid tuition contracts and savings trust accounts gold, platinum, or silver
coins minted by the State Treasurer for commemorative use. Under the bill, any gain on the sale
of the coins would be deductible for Virginia income tax purposes. (Continued to 2013)
HB739 sponsored by Delegate Jones directs JLARC to oversee and evaluate the Virginia
College Savings Plan on a continuing basis and report to the General Assembly. (Passed)
Etc.
SB617 sponsored by Senator Puckett added King College to the Southwest Virginia Higher
Education Center Board of Trustees and allowed graduate degree instructional programs in
education to be provided with King College at the Center. (Left in Appropriations)
HJ84 sponsored by Delegate Purkey established a joint subcommittee to study the current and
impending severe shortage of medical doctors in Virginia. (Left in Rules)
HB935 sponsored by Delegate Lingamfelter required VCU to include the name "Medical College
of Virginia" or the acronym "MCV" in all references to The Medical College of Virginia, Health
Sciences Division of Virginia Commonwealth University. (Engrossment refused by House)
HJ9 sponsored by Delegate Greason was a Constitutional amendment that allowed the General
Assembly to provide for loans to, and grants to or on behalf of, students attending nonprofit
institutions of higher education in the Commonwealth whose primary purpose is to provide
religious training or theological education, provided the students are approved candidates for
the chaplaincy of any active duty or reserve component of the United States Armed Forces,
including the Virginia National Guard. (Tabled)
HJ173 sponsored by Delegate Joannou asked SCHEV to study merging Eastern Virginia
Medical School with Old Dominion University. In conducting its study, the Council would
examine the impact of having a state-supported medical school in the Hampton Roads region;
consider the fiscal implications merging Eastern Virginia Medical School into Old Dominion
University; and accept input from interested stakeholders, including the boards of visitors of both
institutions. (Continued to 2013)
SB619 sponsored by Senator Lucas would have established a program that allowed low-income
college students to receive an E-ZPass without paying a deposit. (Tabled)
7