reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-215. Authority of the Council; regulations; standards for postsecondary schools; delegation of authority to director

A. The Council shall adopt, pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), such regulations as may be necessary to implement the provisions of this article, including (i) procedures by which a postsecondary school may apply for Council approval to confer degrees in the Commonwealth; (ii) measures designed to ensure that all postsecondary schools that are subject to the provisions of this article meet the minimal standards established pursuant to subsection B; (iii) protections for students pursuing postsecondary education opportunities in postsecondary schools subject to the provisions of this article; and (iv) information to assist persons who rely on postsecondary degrees or certificates to judge the competence of individuals in receipt of such degrees or certificates.
B. The Council shall establish minimal standards for postsecondary schools that include standards for faculty preparation and experience, educational programs, physical plants, additional locations, finances, guaranty instruments, advertising and publications, maintenance of student records, personnel qualifications, student services, the method for collecting and refunding tuition and fees, library resources and services, organization and administration, changes of ownership or control, procedures for student admission and graduation, agent or solicitor requirements, consistency of a postsecondary school's stated purpose with the proposed offerings, reporting requirements, and any other relevant standards or requirements adopted by an accrediting agency recognized by the U.S. Department of Education.
C. The Council shall prescribe the manner, conditions, and language to be used by a postsecondary school or agent of such school to disclose or advertise that the postsecondary school has received certification from the Council to offer postsecondary programs in the Commonwealth.
D. The Council may establish separate certification criteria for various postsecondary school classifications.
E. The Council may grant to its director the authority to take specific actions on its behalf in furtherance of the provisions of this article.
Code 1950, § 23-268; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, § 23-276.3; 2004, c. 991; 2005, c. 447; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-216. Career College Advisory Board established

A. The Council shall establish and seek the advice of the Career College Advisory Board, which shall assist the Council in the performance of its duties and provide advisory services in academic and administrative matters relating to proprietary private postsecondary schools, excluding vocational non-college degree schools. The Career College Advisory Board shall be composed of college and university representatives and such other members as the Council may select and shall be broadly representative of proprietary private postsecondary schools, excluding vocational non-college degree schools.
B. The Career College Advisory Board shall meet at least twice each year and advise the Council and proprietary private postsecondary schools, excluding vocational non-college degree schools, regarding such matters as may come before the Career College Advisory Board. The Council may employ such qualified personnel as may be required to assist the Career College Advisory Board in the performance of its duties.
2004, c. 991, § 23-276.13; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-217. Certification required

A. No person shall open, operate, or conduct any postsecondary school in the Commonwealth without certification to operate such postsecondary school issued by the Council. The Council shall certify those postsecondary schools in compliance with Council regulations issued pursuant to this article.
B. Postsecondary schools shall seek such certification from the Council immediately after receipt of a valid business license issued by the relevant official of the locality in which it seeks to operate.
2004, c. 991, § 23-276.14; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-218. List of postsecondary schools holding valid certification

A. The Council shall maintain a list of postsecondary schools holding valid certification under the provisions of this article and shall make such list available to the public.
B. Upon confirmation of any notification or discovery of any postsecondary school operating without its certification or approval, the Council shall notify in writing the relevant local Commissioner of the Revenue or other official serving such equivalent functions of the postsecondary school's violation of such certification or approval requirement and shall recommend revocation of the postsecondary school's business license.
2004, c. 991, § 23-276.15; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-220. Approval procedures

A. Prior to Council approval for a postsecondary school to use the term "college" or "university" or abbreviations or words of similar meaning in its name or in any manner in connection with its academic affairs or business, offer courses or programs for degree credit, enroll students in any courses or programs, or confer or award degrees, each postsecondary school shall be evaluated by the Council in accordance with the regulations adopted pursuant to § 23.1-215.
B. Upon finding that the applicant has fully complied with the regulations adopted pursuant to § 23.1-215, the Council shall approve the application.
C. The Council may defer a decision on an application upon determining that additional information is needed.
D. The Council shall not take into account duplication of effort by public institutions of higher education and private institutions of higher education or other questions of need when considering an application.
Code 1950, § 23-269; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178, § 23-276.5; 2003, c. 461; 2004, c. 991; 2005, c. 447; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-222. Emergency actions

A. The Council may, by regulation, authorize its director to take immediate action on its behalf in any instance in which a postsecondary school holding certification to operate in the Commonwealth is the subject of an adverse action by the U.S. Department of Education or the postsecondary school's accrediting agency. When such adverse action threatens a disruption of the operation of the postsecondary school and exposes students to a loss of course or degree credit or financial loss, the director may:
1. Suspend new enrollment in specified programs or degree levels or all programs and degree levels that have been approved by the Council;
2. Require the postsecondary school to provide a guaranty instrument in the amount necessary to cover the refund of unearned tuition to all students enrolled at the time of the action; or
3. Take such other actions as may be necessary to protect the rights of currently enrolled or future students.
B. At its next regularly scheduled meeting, the Council shall either ratify the director's action or take such other actions as it deems necessary.
2002, c. 178, § 23-276.7; 2005, c. 447; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-223. Preservation of students' records

A. In the event of school closure or revocation of its approval or certification, the postsecondary school shall (i) make arrangements for the transfer of the academic and financial records of all students to the Council within 30 days of the closure or (ii) with the approval of the Council, ensure preservation of the academic and financial records of all students by entering into an agreement with another postsecondary school. An out-of-state postsecondary school that is public or corporately held may retain records at the postsecondary school's location outside of the Commonwealth but shall provide the Council with the contact information needed for each student to obtain copies of his academic and financial records.
B. This section shall not be deemed to interfere with students' rights to have access to and obtain copies of their own records or to authorize disclosure of student records except in compliance with applicable state and federal law, including the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g).
2002, c. 178, § 23-276.8; 2005, c. 447; 2013, c. 229; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-225. Prohibited acts

A. Without prior Council approval, no person or other entity subject to the provisions of this article shall use in any manner within the Commonwealth the term "college" or "university" or abbreviations or words of similar meaning in its name, in connection with its academic affairs or business, or in any literature, catalog, pamphlet, or descriptive material.
This subsection shall not apply to any person or other entity that (i) used the term "college" or "university" openly and conspicuously in its title within the Commonwealth prior to July 1, 1970; (ii) was granted authority to operate in the Commonwealth by the Council between July 1, 1970, and July 1, 2002, and maintains valid authority to so operate in the Commonwealth on or after July 1, 2002; (iii) was exempted from the provisions of former Chapter 21 (§ 23-265 et seq.) of Title 23, as such law was in effect prior to July 1, 2002; or (iv) was authorized by the Council to use a name while its request for approval to enroll students is pending before the Council.
B. No person or other entity shall sell, barter, or exchange for any consideration, or attempt to sell, barter, or exchange for any consideration, any degree credit, degree, or certificate.
C. No person or other entity shall:
1. Use or attempt to use, in connection with any business, trade, profession, or occupation, any degree credit, degree, or certificate, including any transcript of coursework that it knows or has reason to know has been fraudulently issued, obtained, forged, materially altered, or purchased;
2. Issue or manufacture a fraudulent academic credential;
3. Physically present a fraudulent academic credential, knowing it is fraudulent, in an attempt to obtain employment, promotion, licensure, or admission to an institution of higher education;
4. In any way represent that it is an institution of higher education that is accredited by an accrediting agency recognized by the U.S. Department of Education or has the foreign equivalent of such accreditation if the person or entity is not so accredited; or
5. Represent that credits earned at or granted by any institution of higher education or academic-vocational non-college degree school may be applied for credit toward a degree unless such person is exempted from the provisions of this article or granted certification or approval by the Council in accordance with this article and the Council's regulations.
Code 1950, § 23-272; 1980, c. 658; 2002, c. 178, § 23-276.10; 2004, c. 991; 2008, c. 856; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-227. Laws of the Commonwealth to apply to contracts

The laws of the Commonwealth shall govern any agreement, contract, or instrument of indebtedness executed between a postsecondary school and any person who enrolls in any course or program offered or to be offered by such school in the Commonwealth or any person who is employed or offered employment by such school in the Commonwealth.
Code 1950, § 23-276; 1980, c. 658; 2002, c. 178, § 23-276.11; 2004, c. 991; 2005, c. 447; 2016, c. 588; 2017, c. 314.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-228. Violations; penalties; remedies

A. Violations of this article or the Council's implementing regulations are punishable as a Class 1 misdemeanor. Each degree, certificate, program, academic transcript, or course of study offered, conferred, or used in violation of this article or the Council's regulations shall constitute a separate offense.
B. If no criminal prosecution is instituted against such postsecondary school pursuant to subsection A, the Council may recover a civil penalty of at least $200 but not more than $1,000 per separate offense set forth in subsection A. In no event shall the civil penalties against any one person, corporation, or other entity exceed $25,000 per year.
C. The Council may institute a proceeding in equity to enjoin any violation of this article or its implementing regulations and upon substantially prevailing on the merits of the case and unless special circumstances would render such an award unjust, the Council is entitled to an award of reasonable attorney fees and costs in any such action.
Code 1950, § 23-273; 1980, c. 658; 2002, c. 178, § 23-276.12; 2006, c. 48; 2008, c. 856; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-229. Postsecondary school closure procedures

A. Each postsecondary school shall notify the Council of its intention to close at least 30 days prior to the closure. The notice shall be accompanied by a comprehensive plan for closure and a teachout plan that makes provision for presently enrolled students to complete the program of instruction for which they have enrolled, either at such postsecondary school or at another postsecondary school certified by the Council or authorized to operate in the Commonwealth. Each closing postsecondary school shall obtain the Council's approval of the teachout plan prior to implementation.
B. Each closing postsecondary school shall notify the Council, in writing, if there is no comparable program for the purposes of developing a teachout plan within 50 miles of the closing postsecondary school or if the closing postsecondary school is unable to enter a teachout agreement with another postsecondary school. This information shall be provided at the time the closing postsecondary school notifies the Council of its intention to close.
C. Owners or senior administrators of a postsecondary school that closes without providing (i) an adequate teachout plan or refunds of unearned tuition and (ii) appropriate preservation of records shall be denied certification to operate another postsecondary school in the Commonwealth.
2013, c. 229, § 23-276.16; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-230. Enrollment agreements required

A. No postsecondary school that is required to be certified by the Council shall enroll students without entering into an enrollment agreement with each student. Such enrollment agreement shall be signed by the student and an authorized representative of the school and shall contain all disclosures prescribed by the Council.
B. No postsecondary school that is required to be certified by the Council shall condition the enrollment of a student on:
1. Entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or
2. Entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions.
2017, c. 298; 2020, c. 1135.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-231. Definitions

As used in this article, unless the context requires a different meaning:
"Qualified education loan" means any qualified education loan obtained specifically to finance education or other school-related expenses. "Qualified education loan" does not include credit card debt, home equity loan, or revolving debt.
"Qualified education loan borrower" means (i) any current resident of the Commonwealth who has received or agreed to pay a qualified education loan or (ii) any person who shares responsibility with such resident for repaying the qualified education loan.
"Qualified education loan servicer" or "loan servicer" means any person, wherever located, responsible for the servicing of any qualified education loan to any qualified education loan borrower.
"Servicing" means (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan.
2018, cc. 489, 755.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-232. Office of the Qualified Education Loan Ombudsman established; duties

A. The Council shall create within the agency the Office of the Qualified Education Loan Ombudsman. The Office of the Qualified Education Loan Ombudsman shall provide timely assistance to any qualified education loan borrower of any qualified education loan in the Commonwealth. All state agencies shall assist and cooperate with the Office of the Qualified Education Loan Ombudsman in the performance of its duties under this article.
B. The Office of the Qualified Education Loan Ombudsman shall:
1. Receive, review, and attempt to resolve any complaints from qualified education loan borrowers, including attempts to resolve such complaints in collaboration with institutions of higher education, qualified education loan servicers, and any other participants in qualified education loan lending;
2. Compile and analyze data on qualified education loan borrower complaints as described in subdivision 1;
3. Assist qualified education loan borrowers to understand their rights and responsibilities under the terms of qualified education loans;
4. Provide information to the public, state agencies, legislators, and other persons regarding the problems and concerns of qualified education loan borrowers and make recommendations for resolving those problems and concerns;
5. Analyze and monitor the development and implementation of federal and state laws and policies relating to qualified education loan borrowers and recommend any changes the Office of the Qualified Education Loan Ombudsman deems necessary;
6. Review the complete qualified education loan history of any qualified education loan borrower who has provided written consent for such review;
7. Disseminate information concerning the availability of the Office of the Qualified Education Loan Ombudsman to assist qualified education loan borrowers and potential qualified education loan borrowers, as well as public institutions of higher education, qualified education loan servicers, and any other participant in qualified education loan lending, with any qualified education loan servicing concerns; and
8. Take any other actions necessary to fulfill the duties of the Office of the Qualified Education Loan Ombudsman as set forth in this article.
2018, cc. 489, 755.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-233. Qualified education loan borrower education course

On or before December 1, 2019, the Office of the Qualified Education Loan Ombudsman, in consultation with the Council, shall establish and maintain a qualified education loan borrower education course that shall include educational presentations and materials regarding qualified education loans. Topics covered by the course shall include, but shall not be limited to, key loan terms, documentation requirements, monthly payment obligations, income-driven repayment options, loan forgiveness programs, and disclosure requirements. The course shall be web-based and available to the public at any time. The Office of the Qualified Education Loan Ombudsman may also establish in-person classes.
2018, cc. 489, 755.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-233.1. Qualified education loans; certain providers; contact information and summary

Any provider of private education loans, as defined in 12 C.F.R. § 1026.46(b)(5), shall disclose to any student attending an institution of higher education in the Commonwealth, prior to issuing a qualified education loan to such student, the contact information for the Office of the Qualified Education Loan Ombudsman and a summary of the student loan information applicable to private education loans that may be found on the Council's website. Any such disclosure may be made in conjunction with or incorporated into another disclosure to such student prior to issuing the qualified education loan. The summary shall be developed by the Office of the Qualified Education Loan Ombudsman in consultation with relevant stakeholders.
2020, c. 436.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 2 - State Council of Higher Education for Virginia › § 23.1-234. Reports

On or before January 1, 2019, and annually thereafter, the Council shall submit a report to the House Committees on Labor and Commerce and on Education and the Senate Committees on Commerce and Labor and Education and Health. The report shall address (i) the implementation of this article and (ii) the overall effectiveness of the Office of the Qualified Education Loan Ombudsman.
2018, cc. 489, 755.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 3 - The Virginia Higher Education Opportunity Act of 2011 › § 23.1-300. Definitions

As used in this chapter, unless the context requires a different meaning:
"College degree" means an undergraduate degree from an accredited associate-degree-granting or baccalaureate (i) public institution of higher education or (ii) private institution of higher education.
"Cost of education" means the operating funds necessary during a fiscal year to provide educational and general services, other than research and public service, to students attending an institution in that fiscal year.
"Educational and general fees" means fees over and above tuition charged for certain educational and general services.
"Educational and general services" means services associated with instruction, academic support, student services, institutional support, research, public service, or operation and maintenance of physical plant, with adjustments based on particular state policies relating to specific institutional conditions. "Educational and general services" does not include services associated with programs and administrative services that are required to be self-supporting or are otherwise supported by funds other than general funds, such as food services, university-owned or university-leased dormitories or other living facilities, athletics programs, or other self-supporting programs.
"Enrollment" or "student enrollment" means the number of full-time equivalent students.
"Fiscal year" means the period from July 1 of one calendar year to June 30 of the next calendar year.
"Peer institutions" means those institutions determined by the Council, in consultation with a public institution of higher education, the Secretary of Education or his designee, the Director of the Department of Planning and Budget or his designee, and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations or their designees, to be most similar to such public institution of higher education and provide a fair comparison in determining appropriate and competitive faculty salaries for such public institution of higher education.
"Public institution of higher education" does not include each comprehensive community college.
"STEM" means science, technology, engineering, and mathematics.
"Student" means a full-time or part-time undergraduate, graduate, or professional student attending a public institution of higher education and enrolled in a degree program.
2011, cc. 828, 869, § 23-38.87:11; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 3 - The Virginia Higher Education Opportunity Act of 2011 › § 23.1-302. Public institutions of higher education; funding

Each public institution of higher education shall receive funds from the state general fund or sources other than the state general fund, or both, for each fiscal year of each biennium for:
1. Basic operations and instruction, as provided in § 23.1-303;
2. Each Virginia undergraduate student actually enrolled at the institution, as provided in § 23.1-304;
3. Need-based financial aid, as provided in § 23.1-306; and
4. Support for targeted financial incentives that encourage and reward progress toward the policy objectives specified in this chapter, as provided in § 23.1-305.
2011, cc. 828, 869, § 23-38.87:12; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 3 - The Virginia Higher Education Opportunity Act of 2011 › § 23.1-304. Per student enrollment-based funding at public institutions of higher education

A. To incentivize undergraduate Virginia student enrollment growth at the Commonwealth's public institutions of higher education in furtherance of the increased degree conferral purpose of this chapter, the Governor shall recommend and the General Assembly shall determine and appropriate to such institutions a per student amount that follows each Virginia undergraduate student to the public institution of higher education in which the student enrolls. Recommendations regarding such Virginia undergraduate student enrollment growth incentive shall be developed and reviewed as provided in subdivision B 1 of § 23.1-309.
B. The Governor shall consider and may recommend and the General Assembly shall consider and may provide additional general fund appropriations to address the unfunded enrollment growth that occurred between the 2005-2006 fiscal year and July 1, 2011.
C. To assist the General Assembly in determining the per student amount provided for in subsection A and its relation to the per student amount provided to nonprofit private institutions of higher education pursuant to the Tuition Assistance Grant Act (§ 23.1-628 et seq.), each nonprofit private institution of higher education eligible to participate in the Tuition Assistance Grant Program shall submit to the Council its Virginia student enrollment projections for that fiscal year and its actual Virginia student enrollment for the prior fiscal year in a manner determined by the Council. The student admissions policies for such private institutions and their specific programs shall remain the sole responsibility of the governing boards of such individual institutions.
2011, cc. 828, 869, § 23-38.87:14; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 3 - The Virginia Higher Education Opportunity Act of 2011 › § 23.1-305. Public institutions of higher education; targeted economic and innovation incentives

A. The Governor shall consider and may recommend and the General Assembly shall consider and may fund targeted economic and innovation incentives to achieve the objective and purposes of this chapter. Such incentives may include incentives based on the economic opportunity metrics developed pursuant to subdivision B 4 of § 23.1-309 and incentives for:
1. Increased enrollment of Virginia students, in addition to the per student funding provided by § 23.1-304;
2. Increased degree completion for Virginia residents who have partial credit completion for a degree;
3. Increased degree completion in a timely or expedited manner;
4. Improved retention and graduation rates;
5. Increased degree production in STEM or other high-need areas such as the health care-related professions;
6. Increased research, including regional and public-private collaboration;
7. Optimal year-round utilization of resources and other efficiency reforms designed to reduce total institutional cost;
8. Technology-enhanced instruction, including course redesign, online instruction, and resource sharing among institutions; and
9. Enhanced comprehensive community college transfer programs and grants and other enhanced degree path programs.
B. The Governor and the General Assembly shall consider maintenance of effort initiatives for individual institutions with unique missions and demonstrable performance in specific incentive areas identified pursuant to subsection A.
C. The criteria for measuring whether the incentive areas in subsection A have been met, and the benefits or consequences for meeting or not meeting such incentive areas, shall be developed and reviewed as provided in subdivisions B 3 and 4 of § 23.1-309.
2011, cc. 828, 869, § 23-38.87:16; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 3 - The Virginia Higher Education Opportunity Act of 2011 › § 23.1-310. Assessment and certification of institutions by the Council

The Council shall annually assess the degree to which each institution has satisfied any goals or criteria developed by the Higher Education Advisory Committee pursuant to § 23.1-309 and no later than October 1 of each fiscal year provide a certified written report of the results of such annual assessment to the Governor and the Chairmen of the House Committees on Appropriations and Education and the Senate Committees on Finance and Appropriations and on Education and Health. In order to assist the Council in its assessment, each public institution of higher education, and each nonprofit private institution of higher education eligible for and seeking to qualify for state general funds, shall furnish periodic reports, including copies of institutional financial aid audit reports and audited financial statements, and such other pertinent information, including student-level data, as may be required by the Council.
2011, cc. 828, 869, § 23-38.87:21; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-400. Student organizations; rights and recognition

A. To the extent allowed by state and federal law, a religious or political student organization may determine that ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines, and resolving the organization's disputes are in furtherance of the organization's religious or political mission and that only persons committed to that mission should conduct such activities.
B. No public institution of higher education that has granted recognition of and access to any student organization or group shall discriminate against any such student organization or group that exercises its rights pursuant to subsection A.
2013, cc. 696, 701, § 23-9.2:12; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-401. Restrictions on student speech; limitations

No public institution of higher education shall impose restrictions on the time, place, and manner of student speech that (i) occurs in the outdoor areas of the institution's campus and (ii) is protected by the First Amendment to the United States Constitution unless the restrictions (a) are reasonable, (b) are justified without reference to the content of the regulated speech, (c) are narrowly tailored to serve a significant governmental interest, and (d) leave open ample alternative channels for communication of the information.
2014, c. 559, § 23-9.2:13; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-401.1. Constitutionally protected speech; policies, materials, and reports; report

A. Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.
B. Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech.
C. Each public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.
D. Each public institution of higher education shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution's compliance with the provisions of this section that includes:
1. A copy of the institution's policies as described in subsection B and materials on such policies as described in subsection C;
2. Certification that the institution has complied with subsection C; and
3. A copy of any complaint filed in a court of law since December 1 of the preceding year to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution.
E. Each public institution of higher education shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a court of law to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served.
2018, c. 751.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-401.2. Student journalists; freedom of speech and the press

A. As used in this section:
"Institution-sponsored student media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body. "Institution-sponsored student media" does not include any media intended for distribution or transmission solely in the course in which the media is produced.
"Student journalist" means a student enrolled at a public institution of higher education who gathers, compiles, writes, edits, photographs, records, or prepares information for inclusion in institution-sponsored student media.
"Student media adviser" means an employee of a public institution of higher education who is appointed, designated, or employed to supervise or provide instruction relating to institution-sponsored student media.
B. Except as provided in subsection C, a student journalist has the right to exercise freedom of speech and the press in institution-sponsored student media, including determining the news and opinion content of institution-sponsored student media, regardless of whether the media is supported financially by the governing board of the institution, supported through the use of campus facilities, or produced in conjunction with a course in which the student is enrolled.
C. No student journalist has the right to exercise freedom of speech or the press in institution-sponsored student media when such media:
1. Is libelous or slanderous;
2. Constitutes an unwarranted invasion of privacy;
3. Violates federal or state law; or
4. So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of institution policy, or the material and substantial disruption of the orderly operation of the institution.
D. No student media adviser shall be dismissed, suspended, disciplined, reassigned, or transferred for (i) taking reasonable and appropriate action to protect a student journalist who engages in conduct that is protected by subsection B or (ii) refusing to infringe on conduct by a student journalist that is protected by subsection B, the First Amendment to the United States Constitution, or the Constitution of Virginia.
2020, c. 947.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-402. Collection and dissemination of information concerning religious preferences and affiliations

A. Notwithstanding any provision of law to the contrary, any public institution of higher education may collect and disseminate information concerning the religious preferences and affiliations of its students, provided that no such institution shall (i) require any student to indicate his religious preference or affiliation or (ii) disseminate such information without the student's consent.
B. No consent given pursuant to this section shall be construed to allow any public institution of higher education to disseminate to federal government authorities information concerning the religious preferences and affiliations of its students for the purpose of compiling a list, registry, or database of individuals based on religious affiliation, national origin, or ethnicity, unless such dissemination is specifically required by state or federal law.
1977, c. 506, § 23-2.1; 2016, c. 588; 2019, c. 774.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-403. Access to campus and student directory provided to certain persons and groups

Any public institution of higher education that provides access to its campus and student directory to persons or groups for occupational, professional, or educational recruitment shall provide access on the same basis to official recruiting representatives of the Armed Forces of the United States and the Commonwealth.
1982, c. 258, § 23-2.1:1; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-404. Retention of student birth certificates authorized

Any public institution of higher education that requests that an applicant who has been accepted for admission present a certified copy of his birth certificate as a condition of enrollment may retain a copy of the birth certificate in the student's record.
2007, c. 49, § 23-2.1:2; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-406. Reporting of certain students issued student visas

A. Each associate-degree-granting and baccalaureate (i) public institution of higher education and (ii) private institution of higher education and the governing board, president, or director of any flight school in the Commonwealth shall notify the Attorney General whenever (a) an applicant who has been accepted for admission to such institution pursuant to a student visa fails to enroll or (b) a student who has been attending such institution pursuant to a student visa withdraws from such institution or violates the terms of his visa. Such notification shall contain all available information from U.S. Citizenship and Immigration Services Form I-20 and shall be submitted no later than 30 days after discovery of the event for which notification is required.
B. The Attorney General shall notify U.S. Citizenship and Immigration Services and all other appropriate national, state, and local agencies of any such failure to enroll, withdrawal, or student visa violation.
C. This section is effective until superseded by federal action.
2002, c. 367, § 23-2.2; 2016, c. 588.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-407. Reporting of enrollment information to Sex Offender and Crimes Against Minors Registry

A. Each associate-degree-granting and baccalaureate (i) public institution of higher education and (ii) private institution of higher education shall electronically transmit the complete name, social security number or other identifying number, date of birth, and gender of each applicant accepted to attend the institution to the Department of State Police, in a format approved by the Department of State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Sex Offender Registry File. Such data shall be transmitted (a) before an accepted applicant becomes a student in attendance pursuant to 20 U.S.C. § 1232g(a)(6) or (b) in the case of institutions with a rolling or instantaneous admissions policy, in accordance with guidelines developed by the Department of State Police in consultation with the Council.
B. Whenever it appears from the records of the Department of State Police that an accepted applicant has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the Department of State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the institution of higher education is located.
2006, cc. 857, 914, § 23-2.2:1; 2016, c. 588; 2020, c. 829.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-407.1. Admissions applications; criminal history

A. No public institution of higher education shall (i) utilize an institution-specific admissions application that contains questions about the criminal history of the applicant or (ii) deny admission to any applicant solely on the basis of any criminal history information provided by the applicant on any third-party admissions application accepted by the institution.
B. Notwithstanding the provisions of subsection A, any public institution of higher education that requires each student to enroll in the Reserve Officers' Training Corps (ROTC) as a condition of enrollment may inquire into the criminal history of any applicant prior to the applicant's receiving a conditional offer of acceptance to determine his eligibility to accept a commission in the Armed Forces of the United States.
C. Nothing in this section shall be construed to prohibit a public institution of higher education from inquiring into the criminal history of any individual who has been admitted to but has yet to enroll at the institution. Any public institution of higher education may withdraw an offer of admission to any individual whom the institution subsequently determines to have a criminal history that poses a threat to the institution's community.
D. Notwithstanding the provisions of subsection A, a law school of a public institution of higher education that is accredited by the American Bar Association may inquire into the criminal history of any applicant to determine whether the applicant appears capable of being admitted to the bar. Any such law school shall inform applicants that the existence of a criminal history will not, by itself, disqualify an applicant for admission.
2021, Sp. Sess. I, c. 440.
2023 Code of Virginia › Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions › Chapter 4 - General Provisions › § 23.1-408. Annual reporting of the use of student fees

Each public institution of higher education shall publish annually a descriptive report detailing (i) the amount and distribution of student activity fees assessed each semester or during an academic year and (ii) the name of each organization that receives funding of $100 or more from student activity fees and the nature of such organization's activity. Each such institution shall post such annual descriptive report on its website to facilitate its access by and availability to enrolled students and their parents.
2005, c. 532, § 23-2.3; 2016, c. 588.