2006 Code of Virginia § 23-276.4 - Council certification required for the conferring of certain degrees and other awards or the offeri...

23-276.4. Council certification required for the conferring of certaindegrees and other awards or the offering of certain programs.

A. Without obtaining the certification of the Council or a determination thatthe activity or program is exempt from such certification requirements, nopostsecondary school subject to the provisions of this chapter shall:

1. Use the term "college" or "university" or abbreviations or words ofsimilar meaning in its name or in any manner in connection with its academicaffairs or business;

2. Enroll students;

3. Offer degrees, courses for degree credit, programs of study leading to adegree, or nondegree credit courses, either at a site in Virginia or viatelecommunications equipment located within Virginia; or

4. Initiate other programs for degree credit or award degrees, certificates,or diplomas at a new or additional level.

B. All institutions of higher education and academic-vocational noncollegedegree schools subject to the provisions of this chapter shall be fullyaccredited by an accrediting agency recognized by the United StatesDepartment of Education. All out-of-state academic-vocational noncollegedegree schools operating in good standing in the Commonwealth prior to July1, 2006, that have not obtained accreditation by an accrediting agencyrecognized by the United States Department of Education shall secureaccreditation candidacy status by July 1, 2009, and shall secure fullaccreditation by an accrediting body recognized by the United StatesDepartment of Education by July 1, 2012. Further, on and after July 1, 2006,all out-of-state academic-vocational noncollege degree schools, subject tothe provisions of this chapter, shall disclose their accreditation status inall written materials advertising or describing the school that aredistributed to prospective or enrolled students or the general public.

C. Institutions of higher education shall not be required to obtain anothercertification from the Council to operate in Virginia if they (i) wereformed, chartered or established in the Commonwealth, or chartered by an Actof Congress; (ii) have maintained a main or branch campus continuously in theCommonwealth for at least 10 calendar years under their current ownership;(iii) were continuously approved or authorized to confer or grant academic orprofessional degrees by the Council, by the Board of Education or by an actof the General Assembly during those 10 years; and (iv) are fully accreditedby an accrediting agency that is recognized by, and has met the criteria forTitle IV eligibility of the United States Department of Education. Ifauthorization to confer or grant academic or professional degrees is revoked,the institution must seek recertification and must do so annually until itmeets the criteria of this subsection.

D. In addition to such other requirements as are established in this chapteror the regulations of the Council, any postsecondary school formed,chartered, or established outside of the Commonwealth shall provideverification that:

1. The institution is fully accredited by an accrediting agency recognized bythe United States Department of Education;

2. All courses, degrees, certificates, or diploma programs offered at anyVirginia site are also offered at the school's main out-of-state campus;

3. All credits earned at any Virginia site are transferable to aninstitution's main out-of-state campus; and

4. The school has complied with the requirements of either Article 17 (13.1-757 et seq.) of Chapter 9 of Title 13.1 or Article 14 ( 13.1-919 etseq.) of Chapter 10 of Title 13.1.

E. Any postsecondary school that seeks to conduct telecommunicationsactivities from a Virginia site shall apply for Council approval to conductsuch activity and shall comply with this chapter and the Council'sregulations in the same manner as any other school subject to this chapter.

(Code 1950, 23-267; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178; 2004,c. 991; 2005, c. 447; 2006, c. 814.)