8VAC40-31-180. Application requirements.
A. To apply for certification, the following information must be submitted:
1. A completed certification application package provided by council staff.
2. A statement regarding the school's accreditation status, if applicable.
a. Out-of-state institutions of higher education must be accredited by an accrediting organization recognized by the U.S. Department of Education (USED) and must include documentation of any adverse action by USED, an accrediting body, or state regulatory authority within the past five years.
b. Unaccredited in-state institutions of higher education must submit a plan of action for securing accreditation from an organization recognized by the USED. In order to remain eligible for certification, the postsecondary school must secure candidacy status or equivalent within three years of the school's initial date of certification and initial accreditation no later than six years after initial certification. Changes to the plan of action timeframe for accreditation will be granted only at the discretion of the council.
d. Unaccredited in-state institutions of higher education that undergo a change of ownership during the time period covered by the plan of action for securing accreditation will remain on the plan of action timeframe established by the former ownership.
3. A transacted surety instrument form, with the State Council of Higher Education for Virginia named as the obligee.
4. A three-year projected budget that indicates that the school is capable of maintaining operational continuity for up to three years. The budget should demonstrate:
a. That the individual, partnership, or corporation that owns the school is solvent and has the financial capacity to support the operation; and
b. A positive net worth accompanied by a reasonable debt-to-equity ratio.
5. A copy of the school's certificate, if incorporated, from the Virginia State Corporation Commission providing authorization to transact business within the Commonwealth.
6. For schools whose main campus is not in Virginia, a copy of the school's authorization to operate from the state agency in which the school's main campus is domiciled. No institution found to be operating illegally in another state shall be certified to operate in Virginia.
7. A complete listing of all sites, along with addresses, telephone numbers (if applicable), and programs offered at the site.
8. For new postsecondary school applicants, a signed and notarized statement provided by the president or CEO that attests to any previous involvement in the operation of a postsecondary school or any previous involvement by any administrator, owner, controlling shareholder, or member of the school's governing board in the operation of a postsecondary school.
9. A complete list of all diploma, certificate, or degree program offerings.
a. Schools must include estimated annual enrollment projections and number of students per program;
b. Schools that are renewing certificates to operate shall include from the previous year the following information:
(1) The number of degrees, certificates, or diplomas conferred for each program offered by the school at the school's Virginia site.
(2) The number of students enrolled at the school's Virginia site; and
c. Unaccredited institutions of higher education and non-degree schools shall include, from follow-up surveys of graduates, the number of students reporting placement in jobs relating to their field of study within six months and one year of graduation.
B. Any proprietary postsecondary school must provide evidence of a valid business license from the locality within which the school seeks to operate.
C. All postsecondary schools seeking certification to operate in Virginia must undergo and successfully complete a site visit prior to the issuance of the certificate to operate.
Statutory Authority
§ 23.1-215 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.