Virginia Law

Chapter 31. Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas, and Certificates

Part I
Definitions; Prohibitions; Advertising

8VAC40-31-10. Definitions.

In addition to the words and terms defined in § 23.1-100 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Academic credit" means the measure of the total time commitment an average student is expected to devote to learning per week of study. Generally, one unit of credit represents a total of three hours per week of in-class and out-of-class work (Carnegie Unit of Credit). In this context, an hour is defined as 50 minutes.

"Accreditation" means a process of external quality review used by higher education to scrutinize colleges, universities, and educational programs for quality assurance and quality improvement. This term applies to those accrediting organizations recognized by the United States Department of Education.

"Adjunct faculty" means professional staff members of businesses, industries, and other agencies and organizations who are appointed by institutions and schools on a part-time basis to carry out instructional, research, or public service functions.

"Administrative personnel" means individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, titles of financial aid administrator, director of admissions, director of education, business officer or manager, director of student services, including counseling and placement, and the registrar.

"Avocational" means instructional programs that are not intended to prepare students for employment but are intended solely for recreation, enjoyment, personal interest, or as a hobby or courses or programs that prepare individuals to teach such pursuits.

"Certification" means the process of securing authorization to operate a private or out-of-state postsecondary school or institution of higher education or degree, certificate, or diploma program in the Commonwealth.

"Change of ownership" means any action or transaction that results in a change of control of the school. "Change of ownership" includes any change by which a person who has or thereby acquires an ownership interest in the entity that owns the institution or the parent of that entity acquires or loses the ability to control the institution.

"CIP code" means the six-digit number assigned to each discipline specialty in the Classification of Instructional Programs (CIP) taxonomy maintained by the National Center for Education Statistics.

"Clock hour" or "contact hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Conditional certification" means a status that may be granted by the council to a school certified to operate in Virginia to allow time for the correction of major deficiencies or weaknesses identified in the school's administration that are of such magnitude that, if not corrected, may result in the revocation of the school's certificate to operate.

"Council" means the State Council of Higher Education for Virginia.

"Credit hour" means a unit by which a school may measure its coursework. The number of credit hours assigned to a traditionally delivered course is usually defined by a combination of the number of hours per week in class, the number of hours per week in a laboratory, or the number of hours devoted to externship multiplied by the number of hours in the term. One unit of credit is usually equivalent to, at a minimum, one hour of classroom study and outside preparation, two hours of laboratory experience, or three hours of internship or practicum, or a combination of the three multiplied by the number of weeks in the term. Emerging delivery methodologies may necessitate determining a unit of undergraduate or graduate credit with nontime-based methods. These courses shall use demonstration of competency, demonstration of proficiency, or fulfillment of learning outcomes to ensure these courses are equivalent to traditionally delivered courses.

"Degree" means any earned award at the associate, baccalaureate, master's, first professional, or doctoral level that represents satisfactory completion of the requirements of a program or course of study or instruction beyond the secondary school level and includes certificates and specialist degrees when such awards represent a level of educational attainment above that of the associate degree level.

"Degree program" means a curriculum or course of study that leads to a degree in a discipline or interdisciplinary specialty and normally is identified by a six-digit CIP code number.

"Diploma" means an award that represents a level of educational attainment at or below the associate degree level and that normally consists of up to (i) 1,500 clock hours, (ii) 90 quarter hours, or (iii) 60 semester hours.

"Distance education" means education that uses any means to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between student and instructor.

"Enrollment agreement" means a legally binding document signed by a student and an authorized representative of an institution, prior to the time instruction begins, that contains required disclosures, a completed copy of which is given to the student upon execution.

"Full-time faculty" means a person whose (i) employment is based upon an official contract, appointment, or agreement with a school; (ii) principal employment is with that school; and (iii) major assignments are in teaching and research. A full-time administrator who teaches classes incidental to administrative duties is not a full-time faculty member.

"Graduate credit hours" means credit hours earned for successful completion of courses beyond the baccalaureate level, generally awarded at the 500 series and above.

"Gross tuition collected" means all fees collected or received on either a cash or accrual accounting method basis for all instructional programs or courses, except for nonrefundable registration and application fees and charges for materials, supplies, and books that have been purchased by, and are the property of, the student.

"Instructional faculty" means a person employed by a school who is engaged in instructional, research, or related activities.

"Instructional location" means a location in Virginia operated under the direction of a designated Virginia site that is geographically located within a 20-mile radius from the designated site and offers less than 50% of an educational program.

"Part-time faculty" means a person whose (i) annual employment is based upon an official contract, appointment, or agreement with a school and (ii) courseload of teaching assignments is of lesser quantity than that expected of a full-time faculty member or is of lesser quantity than the school's definition of a full load of courses.

"Program of study" means a curriculum of two or more courses that is intended or understood to lead to a degree, diploma, or certificate and may include all or some of the courses required for completion of a degree program.

"Provisional certification" means a preliminary approval status granted by the council to a new school applicant that has demonstrated substantial compliance with the provisions of this chapter. Such a status may include any conditions imposed by the council to ensure compliance with the provisions of this chapter. The provisionally certified school must demonstrate compliance with all conditions within one calendar year of the initial grant of provisional certification.

"Senior administrator" means, generally, individuals who have administrative or managerial authority within an institution, including, by function, titles of chief executive officer, president, chancellor, dean, provost, and owner.

"Surety instrument" means a surety bond or a clean irrevocable letter of credit issued by a surety company or banking institution authorized to transact business in Virginia 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 filing a claim against the instrument.

"Unearned tuition" means the portion of tuition charges billed to the student but not yet earned by the institution; the unearned tuition represents future educational services to be rendered to presently enrolled students.

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 38, Issue 11, eff. February 18, 2022; Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-20. Prohibited acts.

A. Use of the term "college" or "university" or abbreviations or words of similar meaning is prohibited, except in accordance with § 23.1-225 of the Code of Virginia. This subsection shall not apply to an individual proprietorship, association, co-partnership, or corporation that uses the words "college" or "university" in its training programs solely for its employees or customers, that does not offer degree-granting programs, and whose name includes the word "college" or "university" in a context from which it is clear that such entity is not an educational school.

B. The council shall refuse to certify school names and terms that have the potential to mislead the general public about the school's affiliation or association with any state-supported institution of higher education. Terms that may not be used by private institutions of higher education include "public university," "public college," or "community college".

Statutory Authority

§ 23.1-225 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-30. Advertisements, announcements, and other promotional materials.

A. A school certified to operate by the council in accordance with this chapter shall include in any print and electronic catalogs (i) a clear statement that the council has certified the school to operate in Virginia and (ii) complete addresses of all sites within Virginia.

B. A school certified to operate by council in accordance with this chapter shall include in all publicity, advertisement, and promotional materials distributed to current or prospective students (i) a clear statement that the council has certified the school to operate in Virginia, (ii) the school's complete name as indicated on the certificate to operate, and (iii) the address of at least one site located in Virginia.

C. A school with its main campus not located in Virginia that has a physical presence in Virginia shall comply with the requirements of § 23.1-219 E of the Code of Virginia.

D. No advertisement, announcement, or any other material produced by or on behalf of a postsecondary school shall in any way indicate that the school is supervised, recommended, endorsed, or accredited by the Commonwealth of Virginia, by the State Council of Higher Education for Virginia, or by any other state agency in Virginia.

Statutory Authority

§ 23.1-219 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.

Part II
Exemptions

8VAC40-31-40. State-supported institutions.

This chapter shall not apply to any public institution of higher education as that term is defined in § 23.1-100 of the Code of Virginia or any entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.) of Title 23.1 of the Code of Virginia, including branches, divisions, or colleges or to any state-supported institution of higher education that may be established by the Commonwealth of Virginia in the future.

Statutory Authority

§ 23.1-226 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.

8VAC40-31-50. Religious institutions.

A. The council shall exempt from the provisions of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia any school whose primary purpose is to provide religious training or theological education, provided that the school:

1. Awards only degrees, diplomas, or certificates that (i) carry titles that indicate the school's primary purpose plainly upon their face and (ii) state that the school is excluded from the requirement of state certification; and

2. States plainly in its catalogs and other publications that (i) the school's primary purpose is to provide religious training or theological education; (ii) the school's degrees, diplomas, or certificates are so titled and worded; and (iii) the school is exempt from the requirement of state certification.

B. The title of each degree, diploma, or certificate awarded by a school that claims an exemption under the provisions of this section must reflect that the school's primary purpose is religious education.

1. The titles of religious degrees that may be awarded include (i) Bachelor of Education in a specific religion, (ii) Master of Divinity, and (iii) Doctor of Sacred Theology.

2. Secular degrees may not be awarded in any discipline, including religion, religious education, and biblical studies. Titles of secular degrees that may not be awarded include (i) Associate of Arts, (ii) Associate of Science, (iii) Associate of Applied Science, (iv) Associate of Occupational Science, (v) Bachelor of Arts, (vi) Bachelor of Science, (vii) Master of Arts, (viii) Master of Science, (ix) Doctor of Philosophy, and (x) Doctor of Education.

C. Exemptions granted after July 1, 2002, will be for a maximum of five years. A school wishing to maintain an exempt status must reapply to council at least six months prior to the expiration of the exemption period.

D. Each school requesting religious exemption must apply on forms provided by and in a manner prescribed by the council.

E. A school whose claim for exemption under subsections A and B of this section is denied by the council shall have the right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Statutory Authority

§ 23.1-226 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.

8VAC40-31-60. Schools, programs, degrees, diplomas, and certificates exempt from council action.

A. The following activities or programs offered by postsecondary schools and that are otherwise subject to this chapter shall be exempt from its provisions so long as no degree credit is awarded:

1. Any school subject to exemption pursuant to § 23.1-226 B of the Code of Virginia.

2. Any school subject to the provisions of Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of Virginia.

3. Any course or program of study conducted on a not-for-profit basis by firms or organizations for the training of their own employees, provided that such instruction is offered at no charge to such employees and with no advertising for open enrollment.

4. Schools of fine arts or other avocational courses that are conducted solely to further artistic appreciation, talent, or for personal development or information and programs that prepare individuals to teach such pursuits.

B. Notwithstanding the provisions of this section, if a school offers any nonexempt programs, the school as a whole, including all of its programs, is subject to the provisions of certification.

C. Notwithstanding the exemptions provided in this section, a school that is otherwise entitled to exemption may voluntarily seek certification for an otherwise exempt activity or program.

D. A school whose claim for exemption under subsection A of this section is denied by the council shall have right to appeal the council's decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.

Statutory Authority

§ 23.1-226 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.

8VAC40-31-70. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part III
Role of the Council and Staff

8VAC40-31-80. Role of the council.

A. The council establishes fees for services and the methods for collecting such fees pursuant to the authority granted by § 23.1-224 of the Code of Virginia.

B. The council delegates authority for administering the requirements of Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia to the executive director or the executive director's delegate pursuant to § 23.1-215 E of the Code of Virginia, unless otherwise indicated.

C. The council adopts certification criteria for the operation of postsecondary schools in Virginia in accordance with the requirements of § 23.1-215 B of the Code of Virginia.

D. Only the council may refuse to grant or revoke certification. In these instances, the council will be responsible for ensuring due process and compliance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Statutory Authority

§§ 23.1-215 and 23.1-224 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-90. Role of the executive director.

In addition to other administrative responsibilities vested in the executive director by the council, the executive director shall carry out the following administrative responsibilities relative to this chapter:

1. Authorize certification to operate for postsecondary schools that meet the certification criteria.

2. Authorize the use of the term "college" or "university" in a school's name.

3. Authorize religious exemptions.

4. Authorize emergency action pursuant to § 23.1-222 of the Code of Virginia.

5. Authorize the release of a surety instrument requirement.

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 41, Issue 25, eff. September 11, 2025.

8VAC40-31-100. Role of the council staff.

A. The council staff shall:

1. Provide oversight and administration for purposes of compliance with Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia.

2. Review initial and annual certification requirements for all schools.

3. Perform random and periodic school visits to review, inspect, and investigate school compliance.

4. Investigate as necessary all noncertified postsecondary school activities operating in the Commonwealth.

5. Monitor the accreditation activities of all unaccredited postsecondary schools operating in the Commonwealth.

6. Investigate all written and signed complaints or adverse publicity or any situation that may adversely affect students or consumers.

7. Share with state or federal agencies and appropriate accrediting bodies information regarding the operation or closure of postsecondary schools operating in Virginia.

B. The executive director may delegate other responsibilities as deemed appropriate.

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.

Part IV
Schools for Which Certification Is Required

8VAC40-31-110. (Repealed.)

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; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-120. Certification required for new and existing postsecondary schools.

A. Existing postsecondary schools must recertify compliance with certification criteria on an annual basis in order to continue offering postsecondary courses and programs.

B. Postsecondary schools operating multiple sites in Virginia must certify each separately.

C. Noncertified postsecondary schools that seek to establish a postsecondary education consortium, agreement, partnership, or other similar arrangement with an existing certified postsecondary school must become certified to operate prior to engaging in postsecondary education activities within the Commonwealth.

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.

8VAC40-31-125. Certification required for schools offering distance learning in Virginia.

A. Any degree-granting postsecondary school providing distance learning to residents of the Commonwealth from a location outside of the Commonwealth shall be certified to operate in the Commonwealth or shall be a participant in a reciprocity agreement to which the Commonwealth belongs, in accordance with council's authority pursuant to § 23.1-211 of the Code of Virginia, for the purpose of consumer protection.

B. Any degree-granting postsecondary institution seeking initial or renewal authorization to offer distance education programs or courses to residents of the Commonwealth from a location outside of the Commonwealth that is not a participant in a reciprocity agreement to which the Commonwealth belongs must demonstrate that it meets the following eligibility criteria:

1. The institution is properly authorized to operate by and in good standing with the appropriate entity in the state where the institution has legal domicile.

2. The institution is a United States degree-granting institution that is accredited by an accrediting agency recognized by the U.S. Department of Education with a scope of authority, as specified by the U.S. Department of Education, that includes distance education.

3. The institution is in good standing, including having no current or pending show cause or probation actions against it.

4. The institution demonstrates minimum financial stability to qualify for certification defined as a federal Financial Responsibility Composite Score of 1.5 or better.

C. An institution certified pursuant to this section shall provide proof of the following disclosures to Virginia residents:

1. A notification that the school is certified to operate by council.

2. A notification outlining the procedures a student may follow to file a complaint against the school. The disclosure must include a statement that if the complaint is not resolved to the student's satisfaction, the student may contact the council as a last resort. The school must provide contact information for council and must ensure that the student will not be retaliated against for filing a complaint.

3. A notification stating that the transferability of credits earned at the school is at the sole discretion of the receiving institution.

4. For institutions offering programs or courses leading to or advertised as leading to professional licensure, a notification regarding whether completion of the program is sufficient to meet licensure requirements in Virginia. If the institution is unable to determine whether a program will meet the professional licensure requirements in Virginia, the notification shall state that the program does not satisfy Virginia licensure requirements.

D. An institution certified pursuant to this section shall pay a nonrefundable initial and renewal authorization fee as provided in 8VAC40-31-260.

E. An institution certified pursuant to this section shall immediately inform the council and current enrolled students who are residents of the Commonwealth of any adverse action by the U.S. Department of Education or by its accrediting agency that threatens a disruption of the operation of the institution or exposes students to a loss of course or degree credit or financial loss.

F. The certificate of authorization for an institution certified pursuant to this section shall expire on the stated expiration date. Applications for annual renewals must be submitted to council at least 90 days prior to the expiration date of the current authorization.

G. In the case of an institution that has enrolled students who are residents of the Commonwealth prior to July 1, 2022, the institution may instruct only such students through the completion of the program without being certified to operate in the Commonwealth or being a participant in a reciprocity agreement to which the Commonwealth belongs.

Statutory Authority

§ 23.1-215 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 39, Issue 6, eff. December 7, 2022; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part V
Certification Criteria

8VAC40-31-130. Application of certification criteria.

A. Council staff shall conduct an initial site visit prior to certification.

B. An initial certification applicant may be granted provisional certification for a period not to exceed one year, during which time the institution shall meet all conditions established by council for provisional certification. During the period of provisional certification, the school:

1. May recruit and register students, but may not collect more than an initial nonrefundable fee of $100 from each student; and

2. May not offer postsecondary instruction or confer certificates, diplomas, or degrees.

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.

8VAC40-31-140. Certification criteria for institutions of higher education.

A. In order to award a degree, the institution's programs must meet the following generally accepted minimum number of semester or quarter credit hours required to complete a standard college degree.

1. An associate degree shall be granted only after the successful completion of at least 60 semester hour or 90 quarter credit hours of collegiate level study.

2. A bachelor's degree shall be granted only after the successful completion of at least 120 semester hours or 180 quarter credit hours of collegiate level study.

3. A master's degree shall be granted only after the successful completion of the requirements for a bachelor's degree and at least 30 semester hours or 45 quarter credit hours of collegiate level study.

4. The doctoral degree shall be granted only after the successful completion of a minimum of three years of full-time graduate study or equivalent (90 semester hours or 135 quarter credit hours) beyond the bachelor's degree, including dissertation credits or research study.

5. A student shall complete a minimum of 25% of course work at the institution in order to be granted a degree from that institution.

6. An institution that awards life or work experience credit shall have its related transfer policy approved by council staff. No more than 25% of the credit in a student's degree program may be awarded for life or work experience.

7. Exceptions to these standards must be approved by council staff. Proposed programs will be evaluated by the standards of similar programs in public or private postsecondary institutions.

B. The course, program, curriculum, and instruction must be of quality, content, and length to adequately achieve the stated objective.

1. For terminal occupational or technical programs leading to the Associate of Occupational Science (A.O.S.) degree, general education courses must compose at least 15% of the total credit hours required for the degree.

2. For terminal occupational or technical programs leading to the Associate of Applied Science (A.A.S.) degree, general education courses shall compose at least 25% of the total credit hours required for the degree.

3. For all university parallel associate degree programs, general education courses shall compose at least 25% of the total credit hours required for the degree, and required courses in the major field of study shall compose no more than 50% of the total credit hours required for the degree in a specific discipline.

C. Faculty must be qualified and appropriately credentialed as follows:

1. All instructional faculty in a program at the associate level shall:

a. If teaching general education courses or in programs in the liberal arts and sciences, hold a baccalaureate degree from an accredited college or university, plus at least 18 graduate credit hours in the discipline being taught.

b. If teaching occupational or technical courses, hold a baccalaureate degree from an accredited college or university in the discipline being taught or qualify by virtue of professional or scholarly achievement.

2. All instructional faculty members who teach in programs at the baccalaureate level shall hold a master's degree in the discipline being taught or hold a master's degree in an area other than that being taught with at least 18 graduate semester hours in the teaching discipline from an accredited college or university.

3. All instructional faculty teaching in a program at the master's level or higher shall hold a doctoral or other terminal degree in the discipline being taught from an accredited college or university.

4. Exception to academic preparation requirements for instructional faculty may be made in instances where substantial documentation of professional and scholarly achievements or demonstrated competences in the discipline can be shown. The institution must document and justify any such exception.

D. In addition to the instructor qualifications in subsection C of this section, the institution must certify that:

1. All instructional courses for degree credit require a minimum of 15 contact hours for each semester credit hour or a minimum of 10 contact hours for each quarter credit hour, or the equivalent.

2. The elective and required courses for each program are offered on a schedule and in a sequence that enables students to complete the program in a reasonable period of time.

3. The institution's academic programs shall ensure that: (i) a qualified academic advisor is available to meet the concerns of the student and that a student contact by any method will elicit a response from the advisor within a reasonable timeline; (ii) continual curriculum development and oversight for each major and concentration or track is maintained; and (iii) a program director is named and designated to oversee each program area.

4. A plan is in place that ensures interaction between student and faculty and among students.

E. All senior administrators must be individually qualified by education, experience, and record of conduct to ensure effective management, ethical practice, and the quality of degrees and services offered. Boards must collectively demonstrate financial, academic, managerial, and any necessary specialized knowledge, but individual members need not have all of these characteristics.

1. Each site of the institution certified to operate in Virginia must designate one person as the site director. The director must hold a baccalaureate degree from an accredited college or university with at least one year of experience in administration or institutional management.

2. Senior administrators in the positions described in this section must be of good reputation and character. A person is considered of good reputation and character if:

a. The person has no felony convictions related to the operation of a school;

b. The person has not been convicted or pleaded guilty to a crime of fraud or theft under state or federal law within the previous 10 years and has not had a judgment entered against the person in the person's individual capacity in a civil action based upon any theory of fraudulent activity within the previous 10 years;

c. The person has not controlled or managed a postsecondary educational institution that has ceased operation during the past five years without providing for the completion of programs by its students or without providing tuition refunds; and

d. The person has not knowingly falsified or withheld information from the council.

3. Administrative personnel must be appropriately experienced and educated in the field for which they are hired. Administrative personnel generally encompasses individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, titles of financial aid administrator, director of admissions, director of education, director of student services (including counseling and placement), and the registrar.

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.

8VAC40-31-150. Certification criteria for  non-college degree schools.

A. The course, program, curriculum, and instruction must be of quality, content, and length to adequately achieve the stated objective.

B. Faculty, if teaching technical courses for non-college degree programs not leading to a degree and not offered as degree credit, must either (i) hold an associate degree from an accredited college or university in the discipline being taught or (ii) possess a minimum of two years of technical or occupational experience in the area of teaching responsibility or a related area. The instructor must hold the appropriate certificate or license in the field if certification or licensure is required to work in the field.

C. In addition to the instructor qualifications in subsection B of this section, the non-college degree school must certify that:

1. Courses of study conform to standards of training for the occupational fields in which such standards have been established or conform to recognized training practices in those fields.

2. A plan is in place that ensures interaction between student and faculty, and among students.

D. Administrators must demonstrate qualifications for the administrator's particular responsibilities through educational background and relevant work experience. Owners and administrators must be of good reputation and character. A person is considered of good reputation and character if:

1. The person has no felony convictions related to the operation of a school;

2. The person has not been convicted or pleaded guilty to a crime of fraud or theft under state or federal law within the previous 10 years and has not had a judgment entered against him in his individual capacity in a civil action based upon any theory of fraudulent activity within the previous 10 years;

3. The person has not controlled or managed a postsecondary educational institution that has ceased operation during the past five years without providing for the completion of programs by its students or without providing refunds; and

4. The person has not knowingly falsified or withheld information from the council.

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.

8VAC40-31-160. Certification criteria for all postsecondary schools.

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.

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 32, Issue 17, eff. June 3, 2016; Volume 37, Issue 1, eff. September 30, 2020; Volume 38, Issue 11, eff. February 18, 2022; Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-165. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 30, Issue 8, eff. February 3, 2014; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part VI
Certification Requirements

8VAC40-31-170. Initial certification, recertification, and change of ownership.

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.

Statutory Authority

§§ 23.1-217 and 23.1-225 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 32, Issue 17, eff. June 3, 2016; Volume 41, Issue 25, eff. September 11, 2025.

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.

8VAC40-31-190. Withdrawal of application by a postsecondary school.

A school that has submitted an application to the council may withdraw that application without prejudice at any time.

A school that withdraws an application prior to receiving notification of certification will receive a refund of the filing fee minus a nonrefundable administrative fee as listed in 8VAC40-31-260 D.

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.

8VAC40-31-193. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 30, Issue 8, eff. February 3, 2014; repealed, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-195.  Revocation of certificate to operate.

The council may (i) revoke or refuse to issue or renew a certificate to operate or (ii) modify the certificate to operate to conditional pursuant to § 23.1-228 of the Code of Virginia for any one or combination of the following:

1. Violation of any provision of this chapter pursuant to § 23.1-225 of the Code of Virginia, the council's minimum standards, or any rule made by the council.

2. Furnishing of false, misleading, deceptive, altered, or incomplete information or documents to the council or to students or prospective students.

3. Loss of accreditation.

4. Failure to maintain financial resources adequate to conduct satisfactorily the courses of instruction offered or to retain an adequate, qualified instructional staff.

5. Offering training or programs other than those acknowledged by the council.

6. Failure to provide the council or council staff any information, records, or files pertaining to the operation of the school or recruitment and enrollment of students or in response to an audit.

7. Employment of enrolled students in any commercial activity from which the school derives revenue without reasonable remuneration to the students, unless the students are engaging in activities that are an integral component of the educational program.

8. Engaging in or authorizing other conduct that constitutes fraudulent or criminal activity.

Statutory Authority

§ 23.1-215 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 30, Issue 8, eff. February 3, 2014; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-200. Audit requirements.

A. All certified postsecondary schools shall be subject to random periodic audits. The purpose of such audit shall be to verify compliance with Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia and the provisions outlined in this chapter.

B. Audits shall be random or triggered by, but not limited to, the following events:

1. Council staff concerns based on questionable information in the initial or recertification application provided by the school.

2. Greater than average volume and frequency of negative student complaints or adverse publicity.

3. Difficulty securing accreditation within the specified time period.

4. Adverse action by the U.S. Department of Education (USED) or the school's accrediting agency.

5. A USED composite financial responsibility score of less than 1.0.

C. Following an audit of the school, council staff shall prepare a report and, in the case of instances of noncompliance, either give the school an opportunity to remedy the noncompliance or proceed to revocation. In cases of proceeding to revocation, staff will report to council at the next feasible meeting.

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.

8VAC40-31-210. Duplication of and need for instruction for degree credit.

In considering a school's application, the council shall comply with § 23.1-220 D of the Code of Virginia with regard to matters of duplication of effort.

Statutory Authority

§ 23.1-220 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part VII
Procedures for Conducting Fact-Finding Conferences and Hearings

8VAC40-31-220. Procedural rules for the conduct of fact-finding conferences and hearings.

A. Fact-finding conference; notification, appearance, conduct.

1. Unless emergency circumstances exist that require immediate action, no order shall be issued to refuse to grant certification or revoke prior certification or to add conditions to any certification except upon written notice stating the basis for such action and the right of the affected parties to appear at an informal fact-finding conference.

2. Informal fact-finding conferences will be conducted in accordance with § 2.2-4019 of the Code of Virginia.

3. If, after consideration of information presented during an informal fact-finding conference, the council determines that a basis for action still exists, the interested parties shall be notified in writing within 90 days of the informal fact-finding conference of the decision, the factual or procedural basis for the decision, and the right to appeal the decision by requesting a formal hearing. Parties to the conference may agree to extend the report deadline if more time is needed to consider relevant information.

4. Parties may enter into a consent agreement to settle the issues at any time prior to a formal hearing.

B. Hearing; notification, appearance, conduct.

1. After council staff renders a decision following an informal fact-finding conference, the school may appeal the decision by requesting a formal hearing by notifying the council within 14 days of the date of receipt of notification of the decision.

2. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia.

C. The council shall review the recommendation of the hearing officer and render a decision on the recommendation within 30 days of receipt or at the next feasible council meeting.

Statutory Authority

§ 23.1-221 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.

Part VIII
Criminal Prosecution for Violation; Civil Enforcement

8VAC40-31-230. Criminal prosecution  and civil enforcement.

A. Violations of any provision of this chapter or Article 3 (§ 23.1-213 et seq.) of Chapter 2 of Title 23.1 of the Code of Virginia is punishable in accordance with § 23.1-228 of the Code of Virginia.

B. Upon discovery that a postsecondary school is operating without certification, the council shall take action in accordance with § 23.1-218 B of the Code of Virginia.

Statutory Authority

§§ 23.1-218 and 23.1-228 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-240. Civil enforcement.

Upon the determination of the council that any school or any agent or representative of the school is in violation of this chapter, the council may institute a proceeding in equity to enjoin the violation.

Statutory Authority

§ 23.1-228 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

Part IX
Additional Regulations

8VAC40-31-250. Virginia law to apply to contracts.

The laws of the Commonwealth shall apply to contracts in accordance with § 23.1-227 of the Code of Virginia.

Statutory Authority

§ 23.1-227 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-260. Fees.

A. All fees collected by council staff will be deposited in the State Treasury.

B. All fees are nonrefundable with the exception of withdrawal of an application, in which case all fees will be refunded minus a nonrefundable administrative fee noted in subsection D of this section.

C. Fees must be paid with a company check and made payable to the Treasurer of Virginia.

D. The annual fee is based on the annual gross tuition received by each site certified to operate in Virginia. For out-of-state institutions certified to operate in Virginia, annual gross tuition means income generated from students enrolled at Virginia locations. The flat fee schedule is as follows:

E. A school that submits a payment that is returned for any reason must resubmit the required payment, any applicable late fee, and the assessed returned check fee of $35 via a money order or certified bank check only.

Statutory Authority

§§ 23.1-215 and 23.1-224 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 32, Issue 17, eff. June 3, 2016; Volume 39, Issue 6, eff. December 7, 2022; Volume 41, Issue 25, eff. September 11, 2025.

8VAC40-31-270. Receipt of applications, correspondence and other materials.

A. All applications, forms, letters, or other materials relating to or required by this chapter should be sent to:

State Council of Higher Education for Virginia

ATTN: Private Postsecondary School Certification

James Monroe Building, 9th Floor

101 North Fourteenth Street

Richmond, Virginia 23219

B. The mailing of items specified in subsection A of this section shall not constitute receipt of those items by the council unless sent by registered or certified mail, return receipt requested.

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 41, Issue 25, eff. September 11, 2025.

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.

8VAC40-31-290. Waiver by council.

The council may waive or modify the certification requirements for an accredited school if the council finds that such waiver or modification will not conflict with the intent of this chapter and that in light of the school's mission, literal application of such requirements creates an unreasonable hardship on the school.

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 41, Issue 25, eff. September 11, 2025.

8VAC40-31-300. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; repealed, Virginia Register Volume 30, Issue 8, eff. February 3, 2014.

8VAC40-31-310. Student Tuition Guaranty Fund.

A. The executive director shall appoint in writing a Manager of the Student Tuition Guaranty Fund.

B. The purpose of the fund is to reimburse tuition due to students at schools certified to operate when the school ceases to operate.

C. A claim shall be made against the fund only if the claim arises out of the cessation of operation by a school at which the student was enrolled or on an approved leave of absence at the time of the closure and the student did not complete the program of study. Claims shall be filed with the manager of the fund within three years after cessation of operation by the school. No claim filed after that period shall be considered. Claims shall be limited to the unearned tuition paid to the closing institution for which the student received no educational instruction.

D. If a teach-out agreement as outlined in 8VAC40-31-280 C 4 has been arranged for the student, the student is not entitled to a refund of unearned tuition. If a teach-out agreement was not secured, the manager shall proceed with a claim against the closed school's surety instrument, if one exists, or the balance remaining in the Student Tuition Guaranty Fund.

E. The fund shall be administered as follows:

1. The assets of the fund may not be expended for any purpose other than to pay bona fide claims made against the fund;

2. All payments into the fund shall be maintained by the state comptroller who shall deposit and invest the assets of the fund in any savings accounts or funds that are federally or state insured, and all interests or other return on the fund shall be credited to the fund; and

3. Payment into the fund shall be made in the form of a company or cashier's check or money order made payable to the "Student Tuition Guaranty Fund."

F. When a claim is allowed by the manager, the executive director shall approve the claim before payment. Refunds will be made first to the lender issuing student financial aid or the guarantor of the loan and second to the student. In the event no financial aid was involved, then refunds will be made to the student.

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.

8VAC40-31-320. Agent registration.

A. Agents representing one or more noncertified accredited postsecondary schools must:

1. Register with the council prior to soliciting in Virginia; and

2. Pay an annual fee of $350 per school represented.

B. No agent representing noncertified unaccredited institutions of higher education shall conduct business in Virginia.

C. Agents operating instructional sites in Virginia must seek council certification.

D. Agent permits expire on December 31 of each calendar year. An application for an agent permit renewal must be submitted to council staff at least 60 days prior to the expiration date.

E. Refusal by an agent to display the agent's permit upon request of a prospective student, council staff member, or other interested person may result in the revocation of the agent permit.

Statutory Authority

§ 23.1-224 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.

Forms (8VAC40-31)

Acknowledgment of Prior Postsecondary Involvement (rev. 3/2014)

Administrative Personnel Qualification Form (rev. 8/2014)

Application for Agent Permit (rev. 1/2023)

Change of Location or Address Application (rev. 11/2023)

Change of Ownership Application (rev. 3/2007)

Instructor Qualification Form (rev. 4/2018)

Notification of Program Modification (rev. 2/2012)

Proprietary School Financial Composite Score Calculation Worksheet (undated)

Closing of a Campus Form (rev. 7/2014)

Name Acknowledgment Form (rev. 12/2022)

School Catalog Checklist - Non-Degree (rev. 4/2018)

Surety Bond (rev. 5/2017)

Surety Instrument Calculation Worksheet (eff. 2/2011)

Accreditation Status Form (eff. 3/2014)

Application for Certification Exemption (eff. 1/2023)

Application for New Program Approval (eff. 9/2022)

Background Check Profile Form (eff. 1/2023)

Board Member Qualification Form (eff. 5/2018)

Certification Application-IHE (eff. 1/2023)

Certification Application - Non-Degree (eff. 4/2022)

Certification Checklist - IHE (eff. 5/2018)

Certification Checklist - Non-Degree (eff. 5/2018)

Distance Education Attestation Form (eff. 9/2024)

Financial Statement (eff. 3/2007)

Institutional Catalog Checklist - IHE (eff. 4/2018)

Instructional Location Closure Form (eff. 10/2018)

Owner or Administrator Qualification Form (eff. 5/2018)

Primary Contact Form (eff. 6/2025)

Projected Accounting Budget (eff. 8/2022)

Religious Exemption - Name Acknowledgment (eff. 12/2022)

Religious Exemption - Information Update Form (eff. 12/2022)

Religious Exemption - Initial Application (eff. 12/2022)

Religious Exemption - Renewal Application (eff. 12/2022)

Request for Change in Degree Level Authorization (eff. 1/2023)

Senior Administrator Qualification Form (eff. 3/2014)

Site Listing Form (eff. 10/2018)