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2004 SESSION
043773492Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 23 a chapter numbered 16.5, consisting of sections numbered 23-231.24 through 23-231.29, as follows:
§ 23-231.24. Virginia Educational Ventures Consortium created; purpose.
From such funds as may be appropriated, the Virginia Educational Ventures Consortium is hereby established and shall be referred to in this chapter as the Consortium. The Consortium shall develop and administer innovative and cost-effective distance learning instructional initiatives within the participating institutions to address underserved constituencies.
§ 23-231.25. Membership of Consortium and governing board; terms; compensation.
A. All public and private institutions of higher education in the Commonwealth that are accredited by the Southern Association of Colleges and Schools shall be eligible for membership in the Consortium.
Participating institutions shall, by agreement, share revenues from tuition and fees for such distance learning opportunities with the Consortium. The Consortium shall apply such revenues for the maintenance of educational opportunities through distance learning, the development of other distance learning opportunities, and other purposes authorized by this chapter.
B. The Consortium shall be governed by a Board of Trustees, consisting of nine members to be nominated by the participating institutions and appointed by the Governor, six of whom shall represent participating members of the Consortium, and all of whom shall have expertise in information technology systems or instructional systems design and delivery. The Secretary of Technology and the Auditor of Public Accounts shall serve as ex officio members of the Board with full voting privileges.
The Governor shall appoint the Chairman of the Board of Trustees, upon the recommendation of the Chairman of the Joint Commission on Technology and Science. The Chairman shall be appointed for a three-year term and shall not be reappointed to such position for a second consecutive term.
Of the nine citizen members to be appointed in 2004, three shall be appointed for three-year terms, three shall be appointed for two-year terms, and three shall be appointed for one-year terms. Thereafter, all such citizen appointments shall be for terms of three years, except that appointments to fill vacancies shall be for the unexpired terms.
No citizen member of the Board shall be eligible to serve for or during more than two successive three-year terms, but after the expiration of a term of two years or less, or after the expiration of the remainder of a term to which appointed to fill a vacancy, two additional three-year terms may be served by such member if appointed thereto.
C. Members of the Board shall be reimbursed for their actual expenses incurred in the performance of their duties in the work of the Consortium.
§ 23-231.26. Powers and duties.
A. The Board shall have, in addition to its other powers, all the corporate powers given to corporations by the provisions of Title 13.1, except in those cases where, by the express terms of its provisions, it is confined to corporations created under that title.
B. The Board shall have the authority to (i) establish and administer agreements with public and private institutions of higher education in the Commonwealth and other entities to conduct studies examining the need for distance learning initiatives and to develop and execute, on a continuing basis, strategies to address such distance learning needs of underserved constituencies in the Commonwealth; and (ii) enhance student access to on-line educational programs and opportunities within the participating institutions.
C. The Board shall submit a financial report annually to the Governor and the Joint Commission on Technology and Science, to be audited biennially by the Auditor of Public Accounts.
D. The Consortium shall submit a semiannual report of distance learning opportunities currently available in the Commonwealth and the anticipated availability of those opportunities under development to the Chief Information Officer of the Virginia Information Technologies Agency.
§ 23-231.27. Executive director; staff support; facilities.
A. The Board shall appoint an executive director for the Consortium who shall supervise and manage the Consortium and shall prepare and submit, upon direction and approval by the Board, all requests for appropriations. The Executive Director shall be authorized to employ such staff as necessary to enable the Consortium to perform its duties as set forth in this chapter. The Board is authorized to determine the duties of such staff and to fix salaries and compensation from such funds as may be appropriated or received.
B. Participating institutions shall provide additional staff support and the requisite facilities for the functions of the Consortium.
§ 23-231.28. Application for and acceptance of gifts and grants.
The Board is authorized on behalf of the Consortium to apply for, accept, and expend gifts, grants, or donations from public or private sources to enable it to carry out its objectives.
§ 23-231.29. Cooperation of other agencies.
All agencies of the Commonwealth shall cooperate with the Consortium, and, upon request, assist the Consortium in the performance of its duties and responsibilities.