Virginia Law

A. With regard to postsecondary schools that are accredited by an accrediting agency recognized by the U.S. Department of Education, the council may apply a presumption of compliance with criteria in this section if the school has complied with an accreditation standard directed to the same subject matter as the criteria. The council need not apply this presumption if the accreditation standard is deficient in satisfying an identifiable goal of the council. The council shall articulate reasons that the accreditation standard is deficient.

B. The postsecondary school shall have a clear, accurate, and comprehensive written statement, which shall be available to the public upon request. The statement shall include, at a minimum, the following items:

1. The history and development of the postsecondary school;

2. An identification of any persons, entities, or institutions that have a controlling ownership or interest in the postsecondary school;

3. The mission of the postsecondary school;

4. A description of the postsecondary school's distance education activities, if applicable;

5. A list of all locations at which the postsecondary school offers programs in Virginia;

6. For each Virginia location, and for the most recent academic year, the total number of students who were enrolled as well as the total number and percentage of students who were enrolled in each program offered;

7. For each Virginia location, the total number of students who completed or graduated from the school as of the end of the last academic year and the total number and percentage of students who completed or graduated from each program offered by the school as of the end of the last academic year; and

8. For unaccredited institutions of higher education and non-college degree schools only, the total number of students who report employment in the field of study within (i) six months of completion or graduation and (ii) one year of completion or graduation.

C. The postsecondary school shall have a policy document defining the minimum requirements for admission to the school and admission into each degree level offered and for acceptance into programs with additional admission requirements. The document shall explain:

1. The standards for academic credit or course completion given for experience; and

2. The criteria for acceptance of transfer credit where applicable.

D. The postsecondary school shall maintain records on all enrolled students. At a minimum, these records shall include:

1. Each student's application for admission and admissions records containing information regarding the educational qualifications of each regular student admitted that are relevant to the postsecondary school's admissions standards. Admissions records must be maintained by the school, its successors, or its assigns for a minimum of three years after the student's last date of attendance.

2. An original agreement titled "Student Enrollment Agreement" signed by the student and an authorized representative of the school. The use of electronic signatures is permissible so long as the use complies with § 59.1-483 of the Code of Virginia. A copy of the completed enrollment agreement shall be given to the student upon execution.

a. At the time of enrollment, the agreement shall contain, at a minimum:

(1) Student name, address, and telephone number;

(2) Institution name, address, and telephone number;

(3) Name of the educational program, start date, and the total number of credit hours or clock hours to complete the program of study and type of credential awarded upon completion;

(4) Estimated cost of all institutional charges and fees, including tuition, fees, equipment charges, supplies, textbooks, and uniforms;

(5) The institution's refund policy, which must be in compliance with subsection K of this section;

(6) A labeled section titled "STUDENT'S RIGHT TO CANCEL" that shall provide the terms for cancellation. Specifically:

(a) The school shall provide a period of at least three business days by which the student applicant must cancel in order to receive refund of all money paid minus a nonrefundable fee not to exceed $100. The actual date by which the student applicant must cancel shall be specified in the agreement.

(b) The school shall disclose that following the cancellation period, a student applicant may cancel the enrollment agreement by written notice at any time prior to the first class day of the session for which application was made. When cancellation is requested under these circumstances, the school will refund all tuition paid by the student minus a maximum tuition fee of 15% of the stated costs of the course or program or $100, whichever is less;

(7) A notice stating that the transferability of credit and credentials earned is at the sole discretion of the receiving institution;

(8) For enrollees in programs leading to professional licensure, the school shall disclose annual pass rates for first-time test takers for the last three years, if applicable. If results are not available, the school must provide a written explanation;

(9) A statement informing students of the institution's grievance policy;

(10) A statement informing students that the institution is certified to operate by the council and providing full contact information for the council;

(11) A statement that reads: "By signing below, I certify that I have been provided access to the institution's electronic or print catalog, bulletin, or brochure.";

(12) A statement that reads: "I understand that this is a legally binding agreement. My signature below certifies that I have read, understood, and agreed with my rights and responsibilities. Further, I certify that I understand the institution's cancellation and refund policies and I understand and agree to these policies."; and

(13) Following the statement in subdivision 2 a (12) of this subsection, the document provides places for signatures of the student and authorized representative of the school and date the document was signed.

b. A new enrollment agreement must be completed in the event that the student (i) delays the student's start date, (ii) changes the program of enrollment, or (iii) drops from the program and reenrolls at a later date.

c. No postsecondary school shall condition the enrollment of a student on:

(1) Entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or

(2) Entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions.

3. A transcript of the student's academic or course work at the school, which shall be retained permanently in either hard copy forms or in an electronic database with backup by the school, its successors, or its assigns.

4. A record of all financial transactions between each individual student and the school including payments from the student, payments from other sources on the student's behalf, and refunds. Fiscal records must be maintained for a minimum of three years after the student's last date of attendance. When tuition and fees are paid by the student in installments, a clear disclosure of truth-in-lending statement must be provided to and signed by the student.

5. The school shall make the documents referenced in subdivisions 1 through 4 of this subsection available to the student upon request. Academic transcripts shall be provided upon request if the student is in good financial standing.

E. Each school shall provide or make available to students, prospective students, and other interested persons a catalog, bulletin, brochure, or electronic media containing, at a minimum, the following information:

1. A description of any scholarships or grants offered by the school and a description of federal financial aid available to students, if applicable. The school shall disclose the standards of academic progress required for continued participation in the financial aid programs.

2. A description, including of each program offered, program objectives, number of hours or credits required for program completion, course descriptions, the number of hours or credits of instruction for each course, and the type of credential awarded.

3. A statement of tuition and fees and other charges related to enrollment, such as deposits, fees, books and supplies, tools and equipment, and any other charges for which a student may be responsible. These charges are to be applied uniformly to all similarly circumstanced students.

4. The school's refund policy for tuition and fees pursuant to subsection K of this section.

5. The school's procedures for handling complaints, including procedures to ensure that no student will be subject to unfair actions as a result of the student's initiation of a complaint proceeding. The policy shall include a statement that students may contact council staff as a last resort in the complaint process.

6. The name and address of the school's accrediting body, if applicable.

7. The minimum requirements for satisfactory completion of each degree level and degree program, or nondegree certificates or diplomas.

8. If the institution offers programs leading to the Associate of Applied Science or Associate of Occupational Science degree, a statement that these programs are terminal occupational or technical programs and that credits generally earned in these programs are not applicable to other degrees.

9. The academic calendar for the period covered by the publication.

10. A statement that accurately details the type and amount of career advising and placement services offered by the school.

11. The name, location, and address of all sites operating in Virginia.

12. A statement regarding student rights and responsibilities.

F. The school must have a clearly defined process by which the curriculum is established, reviewed, and evaluated. Evaluation of school effectiveness must be completed on a regular basis and must include:

1. An explanation of the process for evaluating each program once initiated and an explanation of the procedures for assessing the extent to which the educational goals are being achieved.

2. Documented use of the results of these evaluations to improve the degree and non-college degree programs offered by the school.

G. Pursuant to § 23.1-215 of the Code of Virginia, the school must maintain records that demonstrate that the school is financially sound and can fulfill its commitments for education or training.

1. Certified schools shall provide the results of an annual audited, reviewed, or compiled financial statement. Non-college degree schools may elect to provide financial information on forms provided by council staff. The financial report shall be prepared in accordance with generally accepted accounting principles (GAAP) currently in effect. The financial report shall cover the most recent annual accounting period.

2. The indicator that will be used to assess financial stability is the U.S. Department of Education (USED) composite score, which has a range of -1.0 to 3.0. Schools with a score of 1.5 to 3.0 fully meet the stability requirement in subsection H of this section; scores between 1.0 and 1.4 meet the minimum expectations; and scores less than 1.0 do not meet the requirement and shall be immediately considered for audit.

H. Certified schools shall have and maintain a surety instrument issued by a surety company or banking institution authorized to transact business in Virginia that is adequate to provide refunds to students for the unearned non-Title IV portion of tuition and fees for any given semester, quarter, or term and to cover the administrative cost associated with the instrument claim. The instrument shall be based on the non-Title IV funds that have been received from students or agencies for which the education has not yet been delivered. This figure shall be indicated in an audited financial statement as a Current (non-Title IV) Tuition Liability. A school certified under this chapter shall be exempt from the surety instrument requirement if it can demonstrate a USED composite financial responsibility score of 1.5 or greater on its current financial statement or if it can demonstrate a composite score between 1.0 and 1.4 on its current financial statement and has scored at least 1.5 on a financial statement in either of the prior two years. The school's eligibility for the surety waiver shall be determined annually at the time of recertification.

1. Public postsecondary schools originating in a state other than Virginia that are operating a site in the Commonwealth are exempt from the surety bond requirement.

2. New schools and unaccredited existing schools must complete at least five calendar years of academic instruction or certification to qualify for the surety waiver or exemption.

3. Existing schools seeking a waiver of the surety instrument requirement must submit an audited financial statement for the most recent fiscal year end that reflects the appropriate composite score as indicated in this subsection.

I. All programs offered via distance education must be comparable in content, faculty, and resources to those offered in residence and must include regular student-faculty interaction by appropriate means. Distance education programs and courses shall adhere to the following minimum standards:

1. The educational objectives for each program or course shall be clearly defined, simply stated, and of such a nature that they can be achieved through distance education.

2. Instructional materials and technology methods must be appropriate to meet the stated objectives of the program or course. The school must consider and implement basic online navigation of any course or program, an information exchange privacy and safety policy, a notice of minimum technology specification for students and faculty, proper system monitoring, and technology infrastructure capabilities sufficient to meet the demands of the programs being offered.

3. The school shall provide faculty and student training and support services specifically related to distance education activities.

4. The school shall provide for methods for timely interaction between students and faculty.

5. The school shall develop standards that ensure that accepted students have sufficient background, knowledge, and technical skills to successfully undertake a distance education program.

J. The school shall maintain and ensure that students have access to a library with a collection, staff, services, equipment, and facilities that are adequate and appropriate for the purpose and enrollment of the school.

K. Certified schools shall establish a tuition refund policy and communicate it to students.

1. All fees and payments, with the exception of the nonrefundable fee described in subdivision 2 of this subsection, remitted to the school by a prospective student shall be refunded if the student is not admitted, does not enroll in the school, does not begin the program or course, withdraws prior to the start of the program, or is dismissed prior to the start of the program.

2. A school may require the payment of a reasonable nonrefundable initial fee, not to exceed $100, to cover expenses in connection with processing a student's enrollment, provided the school retains a signed statement in which the parties acknowledge understanding that the fee is nonrefundable. No other nonrefundable fees shall be allowed prior to enrollment.

3. The school shall provide a period of at least three business days during which a student applicant may cancel enrollment without financial obligation other than the nonrefundable fee described in subdivision 2 of this subsection.

4. Following the period described in subdivision 3 of this subsection, a student applicant may cancel enrollment, by written notice, at any time prior to the first class day of the session for which application was made. When notification of cancellation is provided under these circumstances, the school shall refund all tuition paid by the student, less a maximum tuition fee of 15% of the stated costs of the course or program or $100, whichever is less. A student applicant will be considered a student as of the first day of classes.

5. The date that the institution determined that the student withdrew shall be no later than 14 calendar days after the student's last date of attendance, unless the student is on an approved leave of absence. The end of the 14-calendar-day period begins the timeframe for calculating a refund. In the event that a student submits a written notice withdrawing from the school, the date of the written notice shall be used to calculate the refund. The school shall provide refunds to individuals who have terminated status as students within 45 days after receipt of a written request or the date the student last attended classes, whichever is sooner.

6. A leave of absence is an approved leave of absence if:

a. The school has a formal, published policy regarding leaves of absence;

b. The student followed the institution's policy in requesting the leave of absence;

c. The school approved the student's request in accordance with the published policy;

d. The school imposes no additional charges to the student as a result of the leave of absence;

e. The leave of absence does not exceed 180 days in any 12-month period; and

f. Upon the student's return from the leave of absence, the student is permitted to complete the coursework begun prior to the leave of absence.

7. If a student does not resume attendance at the institution on or before the end of an approved leave of absence, the institution must treat the student as a withdrawal, and the date that the leave of absence was approved should be considered the last date of attendance for refund purposes.

8. The minimum refund policy for a school that financially obligates the student for a quarter, semester, trimester, or other period not exceeding 4-1/2 calendar months shall be as follows:

a. For schools that utilize an add/drop period, a student who withdraws during the add/drop period shall be entitled to 100% refund for the period.

b. For unaccredited schools and schools that do not utilize an add/drop period:

(1) A student who enters school but withdraws during the first 25% of the period is entitled to receive as a refund a minimum of 50% of the stated cost of the course or program for the period.

(2) A student who enters a school but withdraws after completing 25%, but less than 50% of the period is entitled to receive as a refund a minimum of 25% of the stated cost of the course or program for the period.

(3) A student who withdraws after completing 50% or more of the period is not entitled to a refund.

9. The minimum refund policy for a school that financially obligates the student for the entire amount of tuition and fees for the entirety of a program or course shall be as follows:

a. A student who enters the school but withdraws or is terminated during the first quartile (25%) of the program shall be entitled to a minimum refund amounting to 75% of the cost of the program.

b. A student who withdraws or is terminated during the second quartile (more than 25% but less than 50%) of the program shall be entitled to a minimum refund amounting to 50% of the cost of the program.

c. A student who withdraws or is terminated during the third quartile (more than 50% but less than 75%) of the program shall be entitled to a minimum refund amounting to 25% of the cost of the program.

d. A student who withdraws after completing more than three quartiles (75%) of the program shall not be entitled to a refund.

10. Expenses incurred by students for instructional supplies, tools, activities, library, rentals, service charges, deposits, and all other charges are not required to be considered in tuition refund computations when these expenses have been represented separately to the student in the enrollment contract and catalog prior to enrollment in the course or program.

L. The school shall keep relevant academic transcripts for all teaching faculty to document that each has the appropriate educational credentials in the area of teaching responsibility. In the event teaching qualification is based on professional competencies or scholarly achievements, relevant documentation to support reported experience must be retained by the school.

M. If an internship, externship, or production work is necessary as a part of the school's education program, the school must adhere to the following:

1. When programs contain internships or externships in any form, the professional training must:

a. Be identified as part of the approved curriculum of the school and be specified in terms of expected learning outcomes in a written training plan.

b. Be monitored by an instructor of record during the entire period of the internship.

c. Not be used to provide labor or as replacement for a permanent employee.

d. Be performed according to a specified schedule of time required for training, including an expected completion date.

e. If the internship, externship, or production work is part of the course requirement, the student may not be considered as a graduate or issued a graduation credential until the internship, externship, or production work has been satisfactorily completed.

2. When receiving compensation for services provided by students as part of the education program, the school must clearly inform customers that services are performed by students by (i) posting a notice in plain view of the public or (ii) requiring students to wear nametags that identify them as students while performing services related to their training.

N. An institution shall seek approval from council staff before:

1. Adding new programs or modifying existing programs.

2. Opening a new site or instructional location.

3. Changing the address of a site or instructional location in Virginia.

O. An institution shall notify the council of the following occurrences no later than 30 days following said occurrence.

1. Naming of new school president.

2. Naming of new site director.

3. Naming of person responsible for the regulatory oversight of the institution.