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for certification will have 180 days to complete the application process, after which time the application will be withdrawn by the council and the school will receive a refund of the application fee minus a nonrefundable administrative fee as listed in 8VAC40-31-260 D.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.