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Council Resolution of June 8-9, 2009

WHEREAS, the State Council of Higher Education for Virginia is charged with the responsibility to carry out the provisions of the Higher Education Restructuring Act which establishes new relationships between the Commonwealth, institutions of higher learning and the public; and

WHEREAS, 2009 is the second year into the certification process which utilizes targets and thresholds for various measures of performance for our institutions of higher learning; and

WHEREAS, as a result of action taken by the Council at its May 12, 2008 meeting, a restructuring task force was established to review the certification process in order to enhance the effectiveness and intent of the Restructuring Act and a Council work group was formed to assist the Council with the 2009 certification process;

WHEREAS, members of the Council serving on the work group, along with Council staff, have recommended that certain institutions be certified for 2009-10; and

WHEREAS, the Council wishes to adopt the work group’s recommendations for certification as to the institutions named below.

NOW, THEREFORE, BE IT RESOLVED, that the State Council of Higher Education for Virginia certifies for 2009-10 that the following institutions of higher learning have fully met the performance standards of the Restructuring Act and the Appropriations Act:

Christopher Newport University
College of William & Mary
George Mason University
James Madison University
Longwood University
Norfolk State University
Old Dominion University
Radford University
University of Mary Washington
University of Virginia
Virginia Community College System
Virginia Military Institute
Virginia Tech

WHEREAS, four institutions, namely: Richard Bland College, University of Virginia’s College at Wise, Virginia Commonwealth University and Virginia State University have substantially met the performance standards of the Restructuring Act and the Appropriation Act; and

WHEREAS, the Council believes that its work group has offered compelling reasons for full certification of Virginia Commonwealth University and wishes to do so; and

WHEREAS, Section 4-9.02 of the 2009 Appropriation Act grants the Council broad authority to certify institutions as having met the standards on education-related measures and to exempt institutions from certification on education-related measures that the Council deems unnecessary given the institution’s level of performance; and

WHEREAS, the Council, as it works through its second year of the certification process, wishes to grant certification, subject to conditions enumerated below, to Richard Bland College, University of Virginia’s College at Wise and Virginia State University for the following reasons: (a) the Council’s belief that the College of William and Mary and the University of Virginia can play a stronger role to ensure full compliance by Richard Bland College and the University of Virginia’s College at Wise, respectively, with the performance measures under the Restructuring Act and the Appropriation Act; and (b) the discretion granted the Council by the Appropriation Act, given these three institutions’ overall level of performance.

NOW, THEREFORE, IT BE RESOLVED, that the State Council of Higher Education for Virginia certifies for 2009-10 that the following institutions of higher learning have substantially met the performance standards of the Restructuring Act and the Appropriation Act:

Richard Bland College
University of Virginia’s College at Wise
Virginia Commonwealth University
Virginia State University

As to Richard Bland College, the University of Virginia’s College at Wise and Virginia State University, the Council requires the following actions:

1. Richard Bland College, the University of Virginia’s College at Wise and Virginia State University, working with the staff of the Council, shall each present to the Council a remedial plan for full compliance with future certification processes, to be completed by September 30, 2009;

2. Each plan shall be reviewed, and, if acceptable, approved by the Council at its October, 2009, meeting;

In addition,

3. The Council recommends to the Governor that the financial benefits set forth in Virginia Code Section 2.2-5005 be deferred as to Richard Bland College, the University of Virginia’s College at Wise and Virginia State University, pending Council action on the remedial plans.

4. The Council urges the College of William & Mary and the University of Virginia to provide technical staff support to Richard Bland College and the University of Virginia’s College at Wise, respectively, in order to maximize opportunities for full certification in 2010; and.

5. The Council urges the Boards of Visitors of William & Mary College, the University of Virginia’s College at Wise and Virginia State University to review and monitor the respective remedial plans of Richard Bland College, the University of Virginia’s College at Wise and Virginia State University and the progress of the respective institutions toward meeting certification in 2010.

Add amendment:

The Council further requests that the rectors and presidents of the Board of Visitors of the College of William and Mary, the University of Virginia, and Virginia State University, along with the President of Richard Bland College, and the Chancellor of the University of Virginia’s College at Wise, meet with Council staff and the certification workgroup of the Council to discuss the adoption and implementation of remedial plans for these institutions and the roles that the College of William and Mary and the University of Virginia can play to ensure full compliance by Richard Bland College and the University of Virginia’s College at Wise with future certification processes.

BE IT RESOLVED that upon further examination of Virginia State University (VSU) certification data by Council staff and VSU staff, the State Council of Higher Education for Virginia hereby fully certifies VSU for 2009-10 and removes requirements and recommendations contained in the State Council’s June 8, 2009 certification resolution pertaining to VSU. In all other respects, the Council hereby re-affirms its June 8, 2009 resolution.