Virginia Law

A. No institution shall use the term "college" or "university" or words of similar meaning until the institution has received approval from council staff.

1. The council may refuse to approve a name change when, in the council's judgment, the proposed name is likely to mislead the public about the school's identity or the nature of the school's programs.

2. A school seeking certification must receive approval from the council of the school's proposed name prior to filing such name with the Virginia State Corporation Commission.

3. Prior to receiving certification to operate, a copy of the school's certificate from the Virginia State Corporation Commission authorizing the school to transact business in the Commonwealth under the acknowledged name must be submitted to council staff.

B. An out-of-state postsecondary school seeking certification to operate in the Commonwealth must secure written documentation from the higher education coordinating or approving agency in the state in which the school is formed, chartered, established, or incorporated indicating that the school is operating in good standing.

C. A school submitting an initial application for certification will have 180 days to complete the application process, after which time the application will be withdrawn by the council and the school will receive a refund of the application fee minus a nonrefundable administrative fee as listed in 8VAC40-31-260 D.

D. All certifications shall expire on the certificate expiration date. Applications for recertification must be submitted to council staff at least 60 days prior to the expiration date of the current certification. If a school allows its certification to operate to expire, the school shall not be eligible for recertification and must submit an application for initial certification, including the appropriate application fee.

E. Certification is not transferable. In the event of a change of ownership of a certified school, the new owner or governing body must secure certification. The school must apply for certification within 60 business days following a change of ownership. During the 60-day period and the time required for the council staff to process the new application, the old certification shall remain in effect.

1. The following constitutes a change of ownership:

a. Purchase of the entire school or assets of school.

b. Transfer, sale, or purchase of stock, membership, or other direct or beneficial ownership interest by a single entity or by multiple entities in a single transaction or a series of transactions that results in at least 51% change in control.

2. The acquisition of an interest in a certified school by bequest, descent, survivorship, or operation of law does not constitute a change of ownership. However, the person acquiring the ownership interest shall send written notice to the council of such acquisition within 30 days of the school's closing or validation. The council may determine on a case-by-case basis that other similar transfers may not constitute a change of ownership.

3. New school owners are responsible for respecting all legal obligations incurred by the school under the prior owners under 8VAC40-31-170, including preservation of student records, resolution of student complaints, and enrollment or other financial agreements.

F. Council staff will process all applications, conduct the site visit, and provide notice to applicants within 60 days of receipt of a completed application package. Approval of the certificate to operate by the council is subject to scheduling of council meetings and other factors affecting the agendas of council meetings.

G. Valid-through dates of certificates to operate and due dates of recertification applications are as follows:

1. Out-of-state private degree-granting and non-college degree school certificates are valid for one year beginning on September 1 of the calendar year and ending on August 31 of the following calendar year. Applications are due not later than July 2.

2. Out-of-state public institution certificates are valid for one year beginning on September 15 of the calendar year and ending on September 14 of the following calendar year. Applications are due not later than July 16.

3. In-state private nonprofit institution certificates are valid for one year beginning on October 1 of the calendar year and ending on September 30 of the following calendar year. Applications are due not later than August 2.

4. In-state proprietary degree-granting and non-college degree school certificates are valid for one year beginning on October 15 of the calendar year and ending on October 14 of the following calendar year. Applications are due not later than August 16.

5. In-state non-college degree school certificates (letters A through D) are valid for one year beginning on November 1 of the calendar year and ending on October 31 of the following calendar year. Applications are due not later than September 2.

6. In-state non-college degree school certificates (letters E through P) are valid for one year beginning on November 15 of the calendar year and ending on November 14 of the following calendar year. Applications are due not later than September 16.

7. In-state non-college degree school certificates (letters Q through Z and others) are valid for one year beginning on December 1 of the calendar year and ending on November 30 of the following calendar year. Applications are due not later than October 2.