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.