§ 23-38.97. Eligibility requirements and procedures; management agreement.
A. Any public institution of higher education may initiate the process to begoverned by this subchapter by complying with the following requirements:
1. An absolute two-thirds, or more, of the institution's governing body shallhave voted in the affirmative for a resolution expressing the sense of thebody that the institution is qualified to be, and should be, governed by thissubchapter.
2. Following such affirmative vote by such governing body, the institutionshall submit to the Governor a written request for his approval to begoverned by this subchapter. A copy of such request shall be sent to theChairmen of the House Committee on Appropriations, the House Committee onEducation, the Senate Committee on Finance and the Senate Committee onEducation and Health. Such written request shall provide documentationsubstantiating that: (i) the institution possesses the necessaryadministrative infrastructure, experience, and expertise to performsuccessfully its public educational mission as a covered institution; (ii)the institution is financially able to operate as a covered institutionwithout jeopardizing the financial integrity and stability of theinstitution; (iii) the institution consistently meets the financial andadministrative management standards pursuant to § 2.2-5004; and (iv) theinstitution's governing body has adopted performance and accountabilitystandards, in addition to any institutional performance benchmarks includedin the general appropriation act and developed pursuant to § 23-9.6:1.01,against which its implementation of this additional authority can be measured.
B. If the Governor finds that the institution meets the criteria set forth insubdivision A 2, he shall authorize those Cabinet Secretaries he deemsappropriate to enter into a management agreement, as described in § 23-38.88,with the governing body of that institution addressing such matters as thatinstitution's in-state undergraduate student enrollment, its financial aidrequirements and capabilities, and its tuition policy for in-stateundergraduate students.
C. Any such management agreement, executed by the designated CabinetSecretaries and governing body of the institution shall be submitted by nolater than November 15 of any given year to the House Committee onAppropriations, the House Committee on Education, the Senate Committee onFinance, and the Senate Committee on Education and Health. The Governor shallinclude a recommendation for approval of the management agreement with thepublic institution of higher education in "The Budget Bill" submittedpursuant to subsection A of § 2.2-1509 or in his gubernatorial amendmentssubmitted pursuant to subsection E of § 2.2-1509 due by the December 20 thatimmediately follows the date of submission of the management agreement tosuch Committees. Following the General Assembly's consideration of whether toapprove or disapprove the management agreement as recommended, if themanagement agreement is approved as part of the general appropriation act, itshall become effective on the effective date of such general appropriationact.
§ 23-38.97. Eligibility requirements and procedures; management agreement.
A. Any public institution of higher education may initiate the process to begoverned by this subchapter by complying with the following requirements:
1. An absolute two-thirds, or more, of the institution's governing body shallhave voted in the affirmative for a resolution expressing the sense of thebody that the institution is qualified to be, and should be, governed by thissubchapter.
2. Following such affirmative vote by such governing body, the institutionshall submit to the Governor a written request for his approval to begoverned by this subchapter. A copy of such request shall be sent to theChairmen of the House Committee on Appropriations, the House Committee onEducation, the Senate Committee on Finance and the Senate Committee onEducation and Health. Such written request shall provide documentationsubstantiating that: (i) the institution possesses the necessaryadministrative infrastructure, experience, and expertise to performsuccessfully its public educational mission as a covered institution; (ii)the institution is financially able to operate as a covered institutionwithout jeopardizing the financial integrity and stability of theinstitution; (iii) the institution consistently meets the financial andadministrative management standards pursuant to § 2.2-5004; and (iv) theinstitution's governing body has adopted performance and accountabilitystandards, in addition to any institutional performance benchmarks includedin the general appropriation act and developed pursuant to § 23-9.6:1.01,against which its implementation of this additional authority can be measured.
B. If the Governor finds that the institution meets the criteria set forth insubdivision A 2, he shall authorize those Cabinet Secretaries he deemsappropriate to enter into a management agreement, as described in § 23-38.88,with the governing body of that institution addressing such matters as thatinstitution's in-state undergraduate student enrollment, its financial aidrequirements and capabilities, and its tuition policy for in-stateundergraduate students.
C. Any such management agreement, executed by the designated CabinetSecretaries and governing body of the institution shall be submitted by nolater than November 15 of any given year to the House Committee onAppropriations, the House Committee on Education, the Senate Committee onFinance, and the Senate Committee on Education and Health. The Governor shallinclude a recommendation for approval of the management agreement with thepublic institution of higher education in "The Budget Bill" submittedpursuant to subsection A of § 2.2-1509 or in his gubernatorial amendmentssubmitted pursuant to subsection E of § 2.2-1509 due by the December 20 thatimmediately follows the date of submission of the management agreement tosuch Committees. Following the General Assembly's consideration of whether toapprove or disapprove the management agreement as recommended, if themanagement agreement is approved as part of the general appropriation act, itshall become effective on the effective date of such general appropriationact.
§ 23-38.97. Eligibility requirements and procedures; management agreement.
A. Any public institution of higher education may initiate the process to begoverned by this subchapter by complying with the following requirements:
1. An absolute two-thirds, or more, of the institution's governing body shallhave voted in the affirmative for a resolution expressing the sense of thebody that the institution is qualified to be, and should be, governed by thissubchapter.
2. Following such affirmative vote by such governing body, the institutionshall submit to the Governor a written request for his approval to begoverned by this subchapter. A copy of such request shall be sent to theChairmen of the House Committee on Appropriations, the House Committee onEducation, the Senate Committee on Finance and the Senate Committee onEducation and Health. Such written request shall provide documentationsubstantiating that: (i) the institution possesses the necessaryadministrative infrastructure, experience, and expertise to performsuccessfully its public educational mission as a covered institution; (ii)the institution is financially able to operate as a covered institutionwithout jeopardizing the financial integrity and stability of theinstitution; (iii) the institution consistently meets the financial andadministrative management standards pursuant to § 2.2-5004; and (iv) theinstitution's governing body has adopted performance and accountabilitystandards, in addition to any institutional performance benchmarks includedin the general appropriation act and developed pursuant to § 23-9.6:1.01,against which its implementation of this additional authority can be measured.
B. If the Governor finds that the institution meets the criteria set forth insubdivision A 2, he shall authorize those Cabinet Secretaries he deemsappropriate to enter into a management agreement, as described in § 23-38.88,with the governing body of that institution addressing such matters as thatinstitution's in-state undergraduate student enrollment, its financial aidrequirements and capabilities, and its tuition policy for in-stateundergraduate students.
C. Any such management agreement, executed by the designated CabinetSecretaries and governing body of the institution shall be submitted by nolater than November 15 of any given year to the House Committee onAppropriations, the House Committee on Education, the Senate Committee onFinance, and the Senate Committee on Education and Health. The Governor shallinclude a recommendation for approval of the management agreement with thepublic institution of higher education in "The Budget Bill" submittedpursuant to subsection A of § 2.2-1509 or in his gubernatorial amendmentssubmitted pursuant to subsection E of § 2.2-1509 due by the December 20 thatimmediately follows the date of submission of the management agreement tosuch Committees. Following the General Assembly's consideration of whether toapprove or disapprove the management agreement as recommended, if themanagement agreement is approved as part of the general appropriation act, itshall become effective on the effective date of such general appropriationact.
