A revised Higher Education Reform Act has emerged from committees in both houses of the General Assembly yesterday and is expected to be approved next week, thus laying the framework for the University to apply for greater autonomy from the Commonwealth.
Previously known as charter legislation, the bill in its current form allows all of Virginia's colleges and universities the option to apply for one of three tiers of autonomy. It does not immediately change the status of the University.
The University will apply for the third and greatest level of autonomy offered under the legislation, University administrators said. To do so, the University will propose a Management Agreement by October that spells out the University's vision for its relationship with the Commonwealth. Gov. Mark R. Warner and the legislature must approve the proposed Management Agreement and will take up the issue when the General Assembly reconvenes next January.
"It sets up a good framework for the next step, but the hard work is still ahead," Del. Robert Bell, R-Albemarle, said. "Charter was going to be the final step, but instead [the legislation] has become a way that different schools can apply."
The bill has evolved substantially from the original proposal, which would have bestowed the University, the College of William & Mary and Virginia Tech the authority to set tuition and undertake construction projects without legislative approval, among other financial liberties. As the proposed legislation was discussed in Richmond, it gradually broadened to include every institution in the Commonwealth and allowed for more legislative input in the Management Agreement.
"Ultimately, power rests with the legislature and the governor," said H. Russell Potts, Jr., chair of the Senate Education and Health Committee. "If something goes out of control and tuition goes through the roof, we can call the hand of the University."
Because the legislature and the governor must approve the Commonwealth's appropriation to the University annually, regardless of any commitments made under the Management Agreement, the additional oversight does not particularly concern the administration, University President John T. Casteen, III said.
"No one objects to the changes the House wants," Casteen said. "They are simply an alternative way of stating what happens anyway."
Some members of the University community said they are concerned about how the state might evaluate the University's performance as an increasingly autonomous entity.
"What concerns me is the role of the state measurements and requirements," Religious Studies Prof. Corey Walker said, who spoke about the proposed charter at a teach-in last fall. "We might find ourselves in a situation where elected officials may engage in some micromanaging of state universities. Those political ideologies might not be the best thing for education as a whole."
One change made in the Senate committee yesterday minimizes the potential for direct legislative change to the Management Agreement, University spokesperson Carol Wood said. By allowing the Management Agreement to be approved as part of the appropriations bill rather than by four key legislators, who would likely further modify the Management Agreement made with Warner, the University's agreement with the Governor would likely be enacted unchanged.
"It's a change we welcome," said University spokesperson Carol Wood.
The Management Agreement would spell out institutional goals the governor and the legislature expect the University to prioritize, including access, affordability and regional economic development, Warner spokesperson Kevin Hall said. Potts said he is concerned about the number of public school teachers and nurses the University graduated.
The University would be evaluated on metrics that show the University's performance in these areas.
"We would expect there to be good, solid metrics in any agreement like this," University Executive Vice President Leonard Sandridge said. "We think that's appropriate."
Casteen said he is confident that the University could work with Richmond to set and achieve common goals.
"We are willing to be accountable for our performance and for outcomes that address our primary mission," he said.
Deferring many of the more technical components of the legislation that sparked controversy initially, including the status of University faculty under charter, and the extent of the Commonwealth's funding commitment, made the initial bill more palatable to all the relevant constituencies, Virginia21 spokesperson David Solimini said. Virginia21 is a higher education advocacy group.
"They did a good job of making sure there wasn't anything objectionable in the bill to certain constituencies," Solimini said.
The Senate and the House originally had passed slightly different versions of the bill. The Senate Education and Health Committee reconciled the bill with the House version, making a Conference Committee unnecessary. The bill will go for a final vote in both chambers next week and likely will be approved before the Assembly adjourns Feb. 26.
"The train has pulled out of the station," Potts said. "It's going to pass overwhelmingly."
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