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2005 SESSION
051855102Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 23-7.4:6 as follows:
§ 23-7.4:6. Tuition; restriction of rate of annual increase for resident students.
The governing body of each public institution of higher education shall set tuition and fee charges at levels they deem to be appropriate for all resident student groups based on, but not limited to, competitive market rates, provided that the total revenue generated by the collection of tuition and fees from all students is within the nongeneral fund appropriation for educational and general programs provided in the appropriation act.
However, annual tuition increases shall not exceed the rate of inflation, to be calculated on January 1 of each year by the State Council of Higher Education by referring to the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, unless (i) the biennial budget does not fully fund the base adequacy formula determined pursuant to guidelines adopted, and periodically amended, by the Joint Subcommittee Studying Higher Education Funding Policies; or (ii) the State Council of Higher Education, upon application by the relevant governing body, determines that a tuition increase exceeding such rate of inflation is necessary to maintain educational quality at the applicant institution.