{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-226.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-226.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-226.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-226.html"}],"law_id":74161,"edition_id":1,"section_id":74161,"structure_id":15696,"section_number":"23.1-226","catch_line":"Exemptions","history":"Code 1950, \u00a7 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832; 1999, cc. 458, 499; 2002, c. 178, \u00a7 23-276.2; 2003, c. 461; 2004, cc. 671, 991; 2005, c. 447; 2016, c. 588; 2019, c. 599.","full_text":"A\n\nThe provisions of this article shall not apply to any public institution of higher education as that term is defined in § 23.1-100 or any entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.).B\n\nThe following activities or programs offered by postsecondary schools that are otherwise subject to this article are exempt from its provisions:1\n\nThe awarding of any honorary degree conferred that clearly states on its face that it is honorary in nature and is regarded as (i) commemorative in recognition of an individual’s contributions to society and (ii) not representative of the satisfactory completion of any or all of the requirements of a program or course of study;2\n\nA nursing education program or curriculum regulated by the Board of Nursing;3\n\nA professional or occupational training program subject to the approval of (i) a regulatory board pursuant to Title 54.1 or (ii) another state or federal governmental agency;4\n\nAny course or program of instruction provided or approved by any professional body, fraternal organization, civic club, or benevolent order for which the principal purpose is continuing or professional education or a similar purpose and for which no degree credit is awarded;5\n\nAny course or program offered through approved multistate compacts, including the Southern Regional Education Board’s Electronic Campus;6\n\nAny course offered and delivered by a postsecondary school solely on a contractual basis for which no individual is charged tuition and there is no advertising for open enrollment;7\n\nAny school, institute, or course of instruction offered by any trade association or any nonprofit affiliate of a trade association on subjects relating to the trade, business, or profession represented by such association;8\n\nAny public or private high school accredited or recognized by the Board of Education that has offered or may offer one or more courses as provided in this article, if the school collects any tuition, fees, or charges as permitted by Title 22.1 in the case of a public school or pursuant to regulations prescribed by the relevant governing body in the case of a private school; or9\n\nTutorial instruction delivered and designed to (i) supplement regular classes for students enrolled in any public or private school, (ii) prepare an individual for an examination for professional practice or higher education, or (iii) prepare an individual for an examination to demonstrate proficiency or to maintain proficiency in an occupational field.C\n\nThe Council shall exempt from the provisions of this article any postsecondary school whose primary purpose is to provide religious or theological education. Postsecondary schools shall apply for exemptions to confer certificates or degrees relating to religion and theology. Exemptions may be granted for a maximum of five years, unless the postsecondary school has been granted a standing exemption prior to July 1, 2002. Each postsecondary school seeking such an exemption or continuation of such an exemption shall file such information as may be required by the Council. If the Council does not grant a postsecondary school an exemption, the postsecondary school shall be notified in writing with the reasons for the exemption denial. The affected postsecondary school has the right to appeal the Council’s decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in each instance, determine the applicability of the exemption as provided in this section.D\n\nNotwithstanding the exemptions provided in this section, exempted postsecondary schools are subject to the provisions of subsection B of § 23.1-221 and a postsecondary school may seek Council approval for an otherwise exempt activity or program.","order_by":null,"text":{"0":{"id":266680,"text":"The provisions of this article shall not apply to any public institution of higher education as that term is defined in § 23.1-100 or any entity authorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266681,"text":"The following activities or programs offered by postsecondary schools that are otherwise subject to this article are exempt from its provisions:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":266682,"text":"The awarding of any honorary degree conferred that clearly states on its face that it is honorary in nature and is regarded as (i) commemorative in recognition of an individual’s contributions to society and (ii) not representative of the satisfactory completion of any or all of the requirements of a program or course of study;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":266683,"text":"A nursing education program or curriculum regulated by the Board of Nursing;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":266684,"text":"A professional or occupational training program subject to the approval of (i) a regulatory board pursuant to Title 54.1 or (ii) another state or federal governmental agency;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":266685,"text":"Any course or program of instruction provided or approved by any professional body, fraternal organization, civic club, or benevolent order for which the principal purpose is continuing or professional education or a similar purpose and for which no degree credit is awarded;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":266686,"text":"Any course or program offered through approved multistate compacts, including the Southern Regional Education Board’s Electronic Campus;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":266687,"text":"Any course offered and delivered by a postsecondary school solely on a contractual basis for which no individual is charged tuition and there is no advertising for open enrollment;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":266688,"text":"Any school, institute, or course of instruction offered by any trade association or any nonprofit affiliate of a trade association on subjects relating to the trade, business, or profession represented by such association;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":266689,"text":"Any public or private high school accredited or recognized by the Board of Education that has offered or may offer one or more courses as provided in this article, if the school collects any tuition, fees, or charges as permitted by Title 22.1 in the case of a public school or pursuant to regulations prescribed by the relevant governing body in the case of a private school; or","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":266690,"text":"Tutorial instruction delivered and designed to (i) supplement regular classes for students enrolled in any public or private school, (ii) prepare an individual for an examination for professional practice or higher education, or (iii) prepare an individual for an examination to demonstrate proficiency or to maintain proficiency in an occupational field.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"11":{"id":266691,"text":"The Council shall exempt from the provisions of this article any postsecondary school whose primary purpose is to provide religious or theological education. Postsecondary schools shall apply for exemptions to confer certificates or degrees relating to religion and theology. Exemptions may be granted for a maximum of five years, unless the postsecondary school has been granted a standing exemption prior to July 1, 2002. Each postsecondary school seeking such an exemption or continuation of such an exemption shall file such information as may be required by the Council. If the Council does not grant a postsecondary school an exemption, the postsecondary school shall be notified in writing with the reasons for the exemption denial. The affected postsecondary school has the right to appeal the Council’s decision pursuant to Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in each instance, determine the applicability of the exemption as provided in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"D"},"12":{"id":266692,"text":"Notwithstanding the exemptions provided in this section, exempted postsecondary schools are subject to the provisions of subsection B of § 23.1-221 and a postsecondary school may seek Council approval for an otherwise exempt activity or program.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15696,"edition_id":1,"name":"Regulation of Certain Private and Out-of-State Institutions of Higher Education","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14064,"metadata":{},"date_created":"2026-06-26 03:58:03","date_modified":"2026-06-26 03:58:03","permalink":{"id":184705,"object_type":"structure","relational_id":15696,"identifier":"3","token":"23.1\/I\/2\/3","url":"\/23.1\/I\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14064,"edition_id":1,"name":"State Council of Higher Education for Virginia","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13393,"metadata":{},"date_created":"2026-06-26 03:46:45","date_modified":"2026-06-26 03:46:45","permalink":{"id":184639,"object_type":"structure","relational_id":14064,"identifier":"2","token":"23.1\/I\/2","url":"\/23.1\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13393,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":184583,"object_type":"structure","relational_id":13393,"identifier":"I","token":"23.1\/I","url":"\/23.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71294,"structure_id":15696,"section_number":"23.1-213","catch_line":"Definitions","url":"\/23.1-213\/","token":"23.1\/I\/2\/3\/23.1-213","metadata":false},{"id":61081,"structure_id":15696,"section_number":"23.1-214","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/23.1-214\/","token":"23.1\/I\/2\/3\/23.1-214","metadata":false},{"id":60133,"structure_id":15696,"section_number":"23.1-215","catch_line":"Authority of the Council; regulations; standards for postsecondary schools; delegation of authority to Executive Director","url":"\/23.1-215\/","token":"23.1\/I\/2\/3\/23.1-215","metadata":false},{"id":64447,"structure_id":15696,"section_number":"23.1-216","catch_line":"Career College Advisory Board established","url":"\/23.1-216\/","token":"23.1\/I\/2\/3\/23.1-216","metadata":false},{"id":66073,"structure_id":15696,"section_number":"23.1-217","catch_line":"Certification required","url":"\/23.1-217\/","token":"23.1\/I\/2\/3\/23.1-217","metadata":false},{"id":61720,"structure_id":15696,"section_number":"23.1-218","catch_line":"List of postsecondary schools holding valid certification","url":"\/23.1-218\/","token":"23.1\/I\/2\/3\/23.1-218","metadata":false},{"id":74209,"structure_id":15696,"section_number":"23.1-219","catch_line":"Council certification; requirements and prohibitions","url":"\/23.1-219\/","token":"23.1\/I\/2\/3\/23.1-219","metadata":false},{"id":73720,"structure_id":15696,"section_number":"23.1-220","catch_line":"Approval procedures","url":"\/23.1-220\/","token":"23.1\/I\/2\/3\/23.1-220","metadata":false},{"id":84806,"structure_id":15696,"section_number":"23.1-221","catch_line":"Refusal, suspension, and revocation of approval or certification","url":"\/23.1-221\/","token":"23.1\/I\/2\/3\/23.1-221","metadata":false},{"id":77929,"structure_id":15696,"section_number":"23.1-222","catch_line":"Emergency actions","url":"\/23.1-222\/","token":"23.1\/I\/2\/3\/23.1-222","metadata":false},{"id":83508,"structure_id":15696,"section_number":"23.1-223","catch_line":"Preservation of students' records","url":"\/23.1-223\/","token":"23.1\/I\/2\/3\/23.1-223","metadata":false},{"id":84204,"structure_id":15696,"section_number":"23.1-224","catch_line":"Fees","url":"\/23.1-224\/","token":"23.1\/I\/2\/3\/23.1-224","metadata":false},{"id":61964,"structure_id":15696,"section_number":"23.1-225","catch_line":"Prohibited acts","url":"\/23.1-225\/","token":"23.1\/I\/2\/3\/23.1-225","metadata":false},{"id":74161,"structure_id":15696,"section_number":"23.1-226","catch_line":"Exemptions","url":"\/23.1-226\/","token":"23.1\/I\/2\/3\/23.1-226","metadata":false},{"id":64724,"structure_id":15696,"section_number":"23.1-227","catch_line":"Laws of the Commonwealth to apply to contracts","url":"\/23.1-227\/","token":"23.1\/I\/2\/3\/23.1-227","metadata":false},{"id":76711,"structure_id":15696,"section_number":"23.1-228","catch_line":"Violations; penalties; remedies","url":"\/23.1-228\/","token":"23.1\/I\/2\/3\/23.1-228","metadata":false},{"id":71518,"structure_id":15696,"section_number":"23.1-229","catch_line":"Postsecondary school closure procedures","url":"\/23.1-229\/","token":"23.1\/I\/2\/3\/23.1-229","metadata":false},{"id":86216,"structure_id":15696,"section_number":"23.1-230","catch_line":"Enrollment agreements required","url":"\/23.1-230\/","token":"23.1\/I\/2\/3\/23.1-230","metadata":false}],"previous_section":{"id":61964,"structure_id":15696,"section_number":"23.1-225","catch_line":"Prohibited acts","url":"\/23.1-225\/","token":"23.1\/I\/2\/3\/23.1-225","metadata":false},"next_section":{"id":64724,"structure_id":15696,"section_number":"23.1-227","catch_line":"Laws of the Commonwealth to apply to contracts","url":"\/23.1-227\/","token":"23.1\/I\/2\/3\/23.1-227","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-226\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 658; in 1991, chapter 590; in 1996, chapters 691<\/a> and 832<\/a>; in 1999, chapters 458<\/a> and 499<\/a>; in 2002, chapter 178<\/a>; in 2003, chapter 461<\/a>; in 2004, chapters 671<\/a> and 991<\/a>; in 2005, chapter 447<\/a>; in 2016, chapter 588<\/a>; in 2019, chapter 599<\/a>.<\/p>","references":[{"id":71294,"section_number":"23.1-213","catch_line":"Definitions","order_by":null,"url":"\/23.1-213\/"},{"id":57114,"section_number":"54.1-3029","catch_line":"Qualifications for a licensed massage therapist","order_by":null,"url":"\/54.1-3029\/"}],"refers_to":[{"id":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"},{"id":59984,"section_number":"23.1-100","catch_line":"Definitions","order_by":null,"url":"\/23.1-100\/"},{"id":55320,"section_number":"23.1-1100","catch_line":"Definitions","order_by":null,"url":"\/23.1-1100\/"},{"id":84806,"section_number":"23.1-221","catch_line":"Refusal, suspension, and revocation of approval or certification","order_by":null,"url":"\/23.1-221\/"}],"permalink":{"id":184759,"object_type":"law","relational_id":74161,"identifier":"23.1-226","token":"23.1\/I\/2\/3\/23.1-226","url":"\/23.1-226\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-226\/","token":"23.1\/I\/2\/3\/23.1-226","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-226","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this article shall not apply to any public institution of higher education<\/span><\/span> as that term is defined in § 23.1-100<\/a> or any entity authorized to issue<\/span> bonds<\/span> pursuant to Chapter 11 (§ 23.1-1100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following activities or programs<\/span> offered by postsecondary schools<\/span> that are otherwise subject to this article are exempt from its provisions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The awarding of any honorary degree<\/span> conferred that clearly states on its face that it is honorary in nature and is regarded as (i) commemorative in recognition of an individual’s contributions to society and (ii) not representative of the satisfactory completion of any or all of the requirements of a program<\/span> or course of study; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A nursing education program<\/span> or curriculum regulated by the Board of Nursing; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A professional or occupational training program<\/span> subject to the approval of (i) a regulatory board pursuant to Title 54.1 or (ii) another state or federal governmental agency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any course or program<\/span> of instruction provided or approved by any professional body, fraternal organization, civic club, or benevolent order<\/span> for which the principal purpose is continuing or professional education<\/span> or a similar purpose and for which no degree credit<\/span> is awarded; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any course or program<\/span> offered through approved multistate compacts<\/span>, including the Southern Regional Education Board’s Electronic Campus; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any course offered and delivered by a postsecondary school<\/span> solely on a contractual basis for which no individual is charged tuition and there is no advertising for open enrollment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any school, institute, or course of instruction offered by any trade association or any nonprofit affiliate of a trade association on subjects relating to the trade, business, or profession represented by such association; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any public or private high school accredited or recognized by the Board of Education that has offered or may offer one or more courses as provided in this article, if the school collects any tuition, fees, or charges as permitted by Title 22.1 in the case of a public school or pursuant to regulations prescribed by the relevant governing body in the case of a private school; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Tutorial instruction delivered and designed to (i) supplement regular classes for students enrolled in any public or private school, (ii) prepare an individual for an examination for professional practice or higher education, or (iii) prepare an individual for an examination to demonstrate proficiency or to maintain proficiency in an occupational field. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Council<\/span> shall exempt from the provisions of this article any postsecondary school<\/span> whose primary purpose is to provide religious or theological education. Postsecondary schools<\/span> shall apply for exemptions to confer certificates<\/span> or degrees<\/span> relating to religion and theology. Exemptions may be granted for a maximum of five years, unless the postsecondary school<\/span> has been granted a standing exemption prior to July 1, 2002. Each postsecondary school<\/span> seeking such an exemption or continuation of such an exemption shall file such information as may be required by the Council<\/span>. If the Council<\/span> does not grant a postsecondary school<\/span> an exemption, the postsecondary school<\/span> shall be notified in writing with the reasons for the exemption denial. The affected postsecondary school<\/span> has the right to appeal<\/span> the Council<\/span>’s decision pursuant to Article 3 (§ 2.2-4018<\/a> et seq.) of Chapter 40 of Title 2.2. The Council<\/span> shall, in each instance, determine the applicability of the exemption as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the exemptions provided in this section, exempted postsecondary schools<\/span> are subject to the provisions of subsection B of § 23.1-221<\/a> and a postsecondary school<\/span> may seek Council<\/span> approval for an otherwise exempt activity or program<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 23.1-226)\n\nA. The provisions of this article shall not apply to any public institution of\nhigher education as that term is defined in § 23.1-100 or any entity\nauthorized to issue bonds pursuant to Chapter 11 (§ 23.1-1100 et seq.).\n\nB. The following activities or programs offered by postsecondary schools that\nare otherwise subject to this article are exempt from its provisions:\n\n 1. The awarding of any honorary degree conferred that clearly states on its\n face that it is honorary in nature and is regarded as (i) commemorative in\n recognition of an individual’s contributions to society and (ii) not\n representative of the satisfactory completion of any or all of the\n requirements of a program or course of study;\n\n 2. A nursing education program or curriculum regulated by the Board of\n Nursing;\n\n 3. A professional or occupational training program subject to the approval of\n (i) a regulatory board pursuant to Title 54.1 or (ii) another state or federal\n governmental agency;\n\n 4. Any course or program of instruction provided or approved by any\n professional body, fraternal organization, civic club, or benevolent order for\n which the principal purpose is continuing or professional education or a\n similar purpose and for which no degree credit is awarded;\n\n 5. Any course or program offered through approved multistate compacts,\n including the Southern Regional Education Board’s Electronic Campus;\n\n 6. Any course offered and delivered by a postsecondary school solely on a\n contractual basis for which no individual is charged tuition and there is no\n advertising for open enrollment;\n\n 7. Any school, institute, or course of instruction offered by any trade\n association or any nonprofit affiliate of a trade association on subjects\n relating to the trade, business, or profession represented by such\n association;\n\n 8. Any public or private high school accredited or recognized by the Board of\n Education that has offered or may offer one or more courses as provided in\n this article, if the school collects any tuition, fees, or charges as\n permitted by Title 22.1 in the case of a public school or pursuant to\n regulations prescribed by the relevant governing body in the case of a private\n school; or\n\n 9. Tutorial instruction delivered and designed to (i) supplement regular\n classes for students enrolled in any public or private school, (ii) prepare an\n individual for an examination for professional practice or higher education,\n or (iii) prepare an individual for an examination to demonstrate proficiency\n or to maintain proficiency in an occupational field.\n\nC. The Council shall exempt from the provisions of this article any\npostsecondary school whose primary purpose is to provide religious or\ntheological education. Postsecondary schools shall apply for exemptions to\nconfer certificates or degrees relating to religion and theology. Exemptions may\nbe granted for a maximum of five years, unless the postsecondary school has been\ngranted a standing exemption prior to July 1, 2002. Each postsecondary school\nseeking such an exemption or continuation of such an exemption shall file such\ninformation as may be required by the Council. If the Council does not grant a\npostsecondary school an exemption, the postsecondary school shall be notified in\nwriting with the reasons for the exemption denial. The affected postsecondary\nschool has the right to appeal the Council’s decision pursuant to Article\n3 (§ 2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in\neach instance, determine the applicability of the exemption as provided in this\nsection.\n\nD. Notwithstanding the exemptions provided in this section, exempted\npostsecondary schools are subject to the provisions of subsection B of §\n23.1-221 and a postsecondary school may seek Council approval for an otherwise\nexempt activity or program.\n\nHISTORY: Code 1950, \u00a7 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832;\n1999, cc. 458, 499; 2002, c. 178, \u00a7 23-276.2; 2003, c. 461; 2004, cc. 671, 991;\n2005, c. 447; 2016, c. 588; 2019, c. 599.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}