8VAC40-31-280. Closure of a postsecondary school.
A. The council, on its own motion, may authorize a postsecondary school whose application for certification to operate is denied or revoked to continue to offer instruction to all currently enrolled students until the end of the semester, quarter, or other academic term used by the school.
B. The council, on its own motion, may authorize a school whose certification is revoked to offer the coursework necessary for all currently enrolled students to complete their programs and to award degrees, certificates, or diplomas to those students, provided that the school:
1. Offers coursework only to those students who were enrolled at the time the school's certification was revoked; and
2. Offers all necessary coursework on a schedule that permits all currently enrolled students to complete their programs in a reasonable period of time.
C. When a school decides to voluntarily cease operations, it must immediately inform the council of the following:
1. The planned date for the termination of operations.
2. The planned date and location for the transfer of student records.
3. The name and address of the organization to receive and manage the student records and the name of the official who is designated to manage transcript requests. The council may receive student records, subject to subsection D of this section, if an appropriate depository has not been established.
4. Arrangements for the continued education of currently enrolled students via teach-out agreement or other practical solution. The teach-out plan shall consist of, but not be limited to, the following:
a. Identification of the school's official date of closure;
b. A listing by program of students enrolled at the time of the school's closure, including addresses, telephone numbers, and estimated graduation dates for each student;
c. The status of all current refunds due and balances owed;
d. A listing of those students who had prepaid for any portion of their training and a calculation of the total amount that was prepaid by each student;
e. Signed agreement with one or more local educational institutions able to provide adequate education to all students in all programs; and
f. Procedures for awarding graduates certificates, diplomas, or degrees.
5. A listing of all former students, including full name, last known mailing address, email address, program of study, dates of enrollment, date of completion, and credential awarded, if applicable.
D. In the event of school closure or revocation of certification, the school shall make provisions to transfer all official student records to the council office or a location that will maintain the records permanently. The school shall notify all students of this location and how the students may obtain official copies. The records transferred to the council office or other depository shall include the academic records of each student, which should include:
1. Academic transcripts;
2. Transcripts of financial aid for each student, if maintained;
3. Foreign student forms for foreign students;
4. Veterans Administration records for veterans;
5. Copies of degrees, diplomas, and certificates awarded, if maintained;
6. One set of course descriptions for all courses offered by the school; and
7. Evidence of accreditation, if any, during the years covered by transcripts.
Statutory Authority
§ 23.1-229 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.