                                 CODE OF VIRGINIA

EXEMPTIONS (§ 23.1-226)

A. The provisions of this article shall not apply to any public institution of
higher education as that term is defined in &#xA7; 23.1-100 or any entity
authorized to issue bonds pursuant to Chapter 11 (&#xA7; 23.1-1100 et seq.).

B. The following activities or programs offered by postsecondary schools that
are otherwise subject to this article are exempt from its provisions:

   1. 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&#8217;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. A nursing education program or curriculum regulated by the Board of
   Nursing;

   3. 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;

   4. 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;

   5. Any course or program offered through approved multistate compacts,
   including the Southern Regional Education Board&#8217;s Electronic Campus;

   6. 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;

   7. 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;

   8. 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

   9. 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.

C. 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&#8217;s decision pursuant to Article
3 (&#xA7; 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. Notwithstanding the exemptions provided in this section, exempted
postsecondary schools are subject to the provisions of subsection B of &#xA7;
23.1-221 and a postsecondary school may seek Council approval for an otherwise
exempt activity or program.

HISTORY: Code 1950, § 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832;
1999, cc. 458, 499; 2002, c. 178, § 23-276.2; 2003, c. 461; 2004, cc. 671, 991;
2005, c. 447; 2016, c. 588; 2019, c. 599.