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 VI - Certification Requirements › Section 8VAC40-31-180 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  certification to operate attests that the school is in compliance with Chapter
				  21.1 (§ 23-276.1 et seq.) of Title 23 of the Code of Virginia and with
				  this chapter.
B. To apply for
				  certification, the following information must be submitted:
1. A completed certification application
				  package provided by council staff.
2. A statement regarding the school's
				  accreditation status, if applicable.
a.
				  Career-technical schools must provide a statement that the courses of study
				  offered conform to state, federal, trade, or manufacturing standards of
				  training for the occupational fields in which such standards have been
				  established or that courses conform to recognized training practices in those
				  fields.
b. Out-of-state
				  institutions and career-technical schools requesting initial certification must
				  be accredited by an accrediting organization recognized by the U.S. Department
				  of Education (USDOE) and must provide evidence that there has been no
				  determination of limitation, suspension, revocation, or termination by the
				  USDOE, an accrediting body, or a state regulatory body against the school
				  within the past five years.
c.
				  Unaccredited in-state institutions that offer courses for degree credit and
				  existing unaccredited out-of-state career-technical schools must submit a plan
				  of action for securing accreditation from an organization recognized by the
				  USDOE, including the name of the accrediting organization and timeframe. In
				  order to remain eligible for certification, the postsecondary school must
				  secure, at a minimum, candidacy status or equivalent within three years of its
				  initial date of certification, and initial accreditation no later than six
				  years after initial certification. Changes to the plan of action timeframe for
				  accreditation will be granted only at the discretion of the council.
d. Unaccredited in-state institutions that
				  undergo a change of ownership during the time period covered by the plan of
				  action for securing accreditation, and that wish to remain eligible for
				  certification under new ownership, will remain on the plan of action timeframe
				  established by the former ownership. This plan of action timeframe begins from
				  the initial date of certification under the former ownership and encompasses
				  the accreditation dates established in the plan of action put into place by the
				  former ownership. No additional time will be granted for obtaining the minimum
				  level of accreditation required of the plan of action due to the change in
				  ownership. Changes to the plan of action timeframe for accreditation will not
				  be granted except at the discretion of the council.
3. A transacted surety instrument form, with
				  the State Council of Higher Education for Virginia named as the
				  obligee.
4. A three-year projected
				  budget that indicates that the school is capable of maintaining operational
				  continuity for up to three years. The budget should demonstrate:
a. That the individual, partnership, or
				  corporation that owns the school is solvent and has the financial capacity to
				  support the operation; and
b. A
				  positive net worth, accompanied by a reasonable debt to equity ratio.
5. A completed checklist, signed
				  and dated, acknowledging full compliance with certification criteria, along
				  with a notarized attestation statement signed by the chief executive officer or
				  equivalent.
6. A company check in
				  the correct, nonrefundable amount made payable to the Treasurer of
				  Virginia.
7. A copy of the school's
				  certificate, if incorporated, from the State Corporation Commission providing
				  authorization to transact business within the Commonwealth.
8. For schools whose main campus is not in
				  Virginia, a copy of the school's authorization to operate from the state agency
				  in which its main campus is domiciled. No institution found to be operating
				  illegally in another state shall be certified to operate in Virginia. An
				  institution that has lost its legal authority to operate in another state shall
				  be required to submit written documentation that describes the circumstances
				  under which its authority was lost and to submit written documentation of the
				  steps taken to remedy these circumstances before making application for
				  certification in Virginia.
9. A
				  complete listing of all sites, along with their addresses, phone numbers (if
				  applicable), and programs offered at the site.
10. For new postsecondary school applicants,
				  a signed and notarized statement provided by the president or CEO, that attests
				  to any previous involvement in the operation of a postsecondary school or any
				  previous involvement by any administrator, owner, controlling shareholder, or
				  member of the school's governing board in the operation of a postsecondary
				  school. At a minimum, this statement shall include the name(s) of previous
				  schools, the dates of the involvement, the positions held within the school,
				  the location, the status (open/closed, and accredited/nonaccredited) of the
				  school, any known violation of federal or state financial aid rules by the
				  school, any known violations of the policies of an accreditor of the school,
				  any bankruptcy filings by the school, and conviction or civil penalty levied by
				  any legal entity in connection with this or any other educational entity in
				  which he was employed or invested.
11. A complete list of all diploma,
				  certificate, or degree program offerings during the valid period of the
				  certification. This list shall consist of the number of hours required for
				  completion of each program, the Classification of Instructional Programs (CIP)
				  Code where applicable, and the type of program and degree.
a. New and unaccredited schools must also
				  include their estimated annual enrollment projections and number of students
				  per program; and
b. Schools that
				  are renewing certificates to operate shall include from the previous year the
				  following information:
(1) The number of
				  degrees, certificates, or diplomas conferred for each program offered by the
				  school at its Virginia facility.
(2) The number of students graduating and the
				  number enrolled at its Virginia facility.
c. Unaccredited institutions of higher
				  education and career-technical schools shall include, from follow-up surveys of
				  graduates, the number of students reporting placement in jobs relating to their
				  field of study within six months; and one year of graduation.