Virginia Administrative Code › Title 8 - EDUCATION › Agency 40 - STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA › Chapter 31 - REGULATIONS GOVERNING CERTIFICATION OF CERTAIN INSTITUTIONS TO CONFER DEGREES, DIPLOMAS AND CERTIFICATES › Part II - Exemptions › Section 8VAC40-31-60 - Schools, programs, degrees, diplomas, and certificates exempt from council action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				  activities or programs offered by schools and not leading to a degree otherwise
				  subject to this chapter shall be exempt from its provisions:
1. Any school subject to the provisions of
				  Chapter 16 (§ 22.1-319 et seq.) of Title 22.1 of the Code of
				  Virginia.
2. Any honorary degree
				  conferred or awarded by a school, as long as the degree (i) does not represent
				  the satisfactory completion of all or any part of the requirements of a program
				  or course of study and (ii) is normally regarded as one that is intended to be
				  commemorative in nature in recognition of an individual's contributions to
				  society. Such degree must state on its face that it is honorary in
				  nature.
3. Any nursing education
				  program offered by a school to the extent that the program is regulated by the
				  Virginia Board of Nursing.
a. The Virginia
				  Board of Nursing is the state agency authorized to license registered nurses
				  and to approve nursing programs with regard to the adequacy of the curricula
				  and resources for preparing students to take the licensing
				  examination.
b. In order to offer a
				  degree in nursing, a school must obtain council certification prior to seeking
				  approval from the Virginia Board of Nursing.
4. Any professional program for professional
				  or occupational training offered by a school to the extent that the program is
				  (i) subject to approval by a regulatory board pursuant to Title 54.1 of the
				  Code of Virginia; or (ii) subject to approval by any other state or federal
				  agency; and (iii) offered by a school that is not seeking degree-granting
				  status such that it would be required to obtain prior council
				  certification.
5. Any course or
				  program of study given by or approved by any professional body, fraternal
				  organization, civic club, or benevolent order principally for continuing or
				  professional education or similar purpose and for which no certificate, degree,
				  or degree credit is awarded.
6. Any
				  course or program of study conducted on a not-for-profit basis by firms or
				  organizations for the training of their own employees only, provided that such
				  instruction is offered at no charge to such employees and with no advertising
				  for open enrollment.
7. Courses or
				  programs offered through approved multistate compacts, including but not
				  limited to the Southern Regional Education Board's Electronic Campus.
8. Those courses offered and delivered by a
				  postsecondary school that is accredited by an entity recognized by the U.S.
				  Department of Education (USDOE) for accrediting purposes, if such courses are
				  provided solely on a contractual basis for which no individual is charged
				  tuition and for which no advertising has been made for open
				  enrollment.
9. Any school,
				  institute or course of instruction offered by any trade association or any
				  nonprofit affiliate of a trade association on subjects related to the trade,
				  business or profession represented by such association.
10. Any public or private high school
				  accredited or recognized by the Virginia Board of Education that has offered or
				  may offer one or more courses cited in this chapter if any tuition, fees and
				  charges made by the school are collected as may be permitted by Title 22.1 of
				  the Code of Virginia, in the case of a public school, or pursuant to
				  regulations prescribed by the relevant governing body of such private
				  school.
11. Tutorial instruction
				  delivered and designed to supplement regular classes for students enrolled in
				  any public or private school or to prepare an individual for an examination for
				  professional practice or higher education.
12. Schools of fine arts or other avocational
				  courses that are conducted solely to further artistic appreciation, talent, or
				  for personal development or information and programs that prepare individuals
				  to teach such pursuits.