23-9.10:3 - Authorization for Commonwealth or any political subdivision thereof to contract to furnish or to ob...
§ 23-9.10:3. Authorization for Commonwealth or any political subdivisionthereof to contract to furnish or to obtain educational or other relatedservices to or from certain nonprofit institutions of higher education.
A. For the purposes of this section:
1. "Private college" means a private, nonprofit institution of highereducation in the Commonwealth approved to confer degrees pursuant to Chapter21.1 (§ 23-276.1 et seq.) of this title whose primary purpose is to providecollegiate or graduate education and not to provide religious training ortheological education.
2. "Public college" means any of the institutions of higher educationlisted in § 23-9.5.
3. "Services" includes but is not limited to a program or course of studyoffered, or approved for offer, by a private college or by a public college;use of professional personnel; use of any real or personal property owned,controlled, or leased for educational or educationally related purposes bysuch private and public colleges; a study, research or investigation or thelike by employees or students or both of such colleges; any other activitydealing with scientific, technological, humanistic, or other educational orrelated subjects, or providing public service or student service activities.
B. The Commonwealth and any of its political subdivisions may contract toobtain or furnish educational or related services from or to private colleges.
1. No contract for services between private colleges on the one hand andpublic colleges or educational agencies of the Commonwealth, including butnot limited to the State Board of Education, on the other, shall be validunless approved by the State Council of Higher Education.
2. Except as provided in paragraph B 1, contracts for services betweenprivate colleges on the one hand and the Commonwealth or any of its politicalsubdivisions on the other may be entered into in any circumstances where theCommonwealth or its political subdivisions would, by virtue of law, haveauthority to contract with private contractors for educational or relatedservices and with public institutions of higher education in Virginia.
C. When contracts covered by paragraph B 2 of this section are made byprivate colleges, such colleges shall report the contracts to the StateCouncil of Higher Education for information.
D. The State Council shall provide continuing evaluation of the effectivenessof such contracts, whether made under paragraph B 1 or B 2 of this section,and shall make recommendations regarding such contracts.
E. The authority to contract for educational or related services shallinclude authority to accept gifts, donations, and matching funds tofacilitate or advance programs.
F. Unless an appropriations act specifically provides otherwise, allappropriations shall be construed to authorize contracts with privatecolleges for the provision of educational or related services which may bethe subject of or included in the appropriation. Nothing in this chaptershall be construed to restrict or prohibit the use of any federal, state, orlocal funds made available under any federal, state, or local appropriationor grant.
G. The provisions of this section shall be severable, and if any of itsprovisions shall be held unconstitutional by a court of competentjurisdiction, the decision of such court shall not affect or impair any ofthe remaining provisions.
(1975, c. 399; 1991, c. 590.)