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:
New school orientation session, per person | $150 |
Initial fee for all new institutions of higher education | $10,000 |
Initial fee for all new non-degree postsecondary schools | $2,500 |
Annual fee for all unaccredited institutions of higher education | $10,000 |
Initial fee for out-of-state online institutions of higher education that are not members of NC-SARA | $10,000 |
Renewal fee for out-of-state online institutions of higher education that are not members of NC-SARA | $10,000 |
Renewal fee for all postsecondary schools with an annual gross tuition collected less than $50,000 as recorded on most recent financial statement | $250 |
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $50,000 but less than $100,000 as recorded on most recent financial statement | $1,200 |
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $100,000 but less than $500,000 as recorded on most recent financial statement | $3,000 |
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $500,000 but less than $1 million as recorded on most recent financial statement | $6,000 |
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $1 million but less than $5 million as recorded on most recent financial statement | $7,500 |
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $5 million as recorded on most recent financial statement | $10,000 |
Returned check fee | $35 |
Initial or renewed exemption application or request for name acknowledgment or agent registration | $350 |
Nonrefundable administrative fee (withdrawal of application) | $500 non-degree $2,000 institutions of higher education |
Request for change in degree level authorization | $1,000 |
Request duplicate certificate to operate due to school name or address change | $100 |
Request duplicate agent permit to replace lost, stolen, or misplaced permit | $100 |
Application fee for each additional instructional location | $300 |
Application fee for each additional program, modification to an existing program, or program deletion | $100 |
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.