                                 CODE OF VIRGINIA

COUNCIL CERTIFICATION; REQUIREMENTS AND PROHIBITIONS (§ 23.1-219)

A. Without obtaining the certification of the Council or a determination that
the activity or program is exempt from such certification requirements, no
postsecondary school subject to the provisions of this article shall:

   1. Use the term &#8220;college&#8221; or &#8220;university&#8221; or
   abbreviations or words of similar meaning in its name or in any manner in
   connection with its academic affairs or business;

   2. Enroll students;

   3. Offer degrees, courses for degree credit, programs of study leading to a
   degree, or courses for nondegree credit, either at a site or via a distance
   learning modality; or

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

B. All institutions of higher education and academic-vocational non-college
degree schools subject to the provisions of this article shall be fully
accredited by an accrediting agency recognized by the U.S. Department of
Education.

C. All out-of-state academic-vocational non-college degree schools subject to
the provisions of this article shall disclose their accreditation status in all
written materials advertising or describing such school that are distributed to
prospective or enrolled students or the general public.

D. No postsecondary school shall be required to obtain another certification
from the Council to operate in the Commonwealth if it (i) was formed, chartered,
or established in the Commonwealth or chartered by an Act of Congress; (ii) has
maintained its main campus continuously in the Commonwealth for at least 20
calendar years under its current ownership; (iii) was continuously approved or
authorized to confer or grant academic or professional degrees by the Council,
the Board of Education, or an act of the General Assembly during those 20 years;
and (iv) is fully accredited by an accrediting agency that is recognized by and
has met the criteria for Title IV eligibility of the U.S. Department of
Education. If the Council revokes an institution&#8217;s authorization to confer
or grant academic or professional degrees, the institution is required to seek
recertification annually until it meets the criteria of this subsection.

E. In addition to such other requirements as are established in this article or
the regulations of the Council, any out-of-state institution of higher education
or academic-vocational non-college degree school shall provide verification
that:

   1. The institution or school is fully accredited by an accrediting agency
   recognized by the U.S. Department of Education;

   2. All courses, degrees, or certificates offered at any site are also offered
   at an out-of-state campus of the institution or school;

   3. All credits earned at any site are transferable to an out-of-state campus
   of the institution or school; and

   4. The institution or school has complied with the requirements of either
   Article 17 (&#xA7; 13.1-757 et seq.) of Chapter 9 of Title 13.1 or Article 14
   (&#xA7; 13.1-919 et seq.) of Chapter 10 of Title 13.1.

F. Any degree-granting postsecondary school providing distance learning to
residents of the Commonwealth from a location outside of the Commonwealth shall
be certified to operate in the Commonwealth or shall be a participant in a
reciprocity agreement to which the Commonwealth belongs, in accordance with
Council&#8217;s authority pursuant to &#xA7; 23.1-211, for the purpose of
consumer protection.

G. Any postsecondary school that seeks to conduct distance learning activities
from a site shall apply for Council approval to conduct such activity and shall
comply with this article and the Council&#8217;s regulations in the same manner
as any other postsecondary school subject to this article.

HISTORY: Code 1950, § 23-267; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178,
§ 23-276.4; 2004, c. 991; 2005, c. 447; 2006, c. 814; 2014, c. 629; 2016, c.
588; 2020, c. 380.