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 I - Definitions; Prohibitions; Advertising › Section 8VAC40-31-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Academic credit" means the measure of the total time
					 commitment an average student is expected to devote to learning per week of
					 study. Generally, one unit of credit represents a total of three hours per week
					 of in-class and out-of-class work (Carnegie Unit of Credit). In this context,
					 an hour is defined as 50 minutes. Emerging delivery methodologies may
					 necessitate determining a unit of undergraduate or graduate credit with
					 nontime-based methods. These courses shall use demonstration of competency,
					 demonstration of proficiency, or fulfillment of learning outcomes to ensure
					 these courses are equivalent to traditionally delivered courses.
"Academic-vocational" means a noncollege degree school that
					 offers degree and nondegree credit courses at a site in Virginia or via
					 telecommunications equipment located in Virginia.
"Accreditation" means a process of external quality review
					 used by higher education to scrutinize colleges, universities, and educational
					 programs for quality assurance and quality improvement. This term applies to
					 those accrediting organizations recognized by the United States Department of
					 Education.
"Adjunct faculty" means professional staff members of
					 businesses, industries, and other agencies and organizations who are appointed
					 by institutions and schools on a part-time basis to carry out instructional,
					 research, or public service functions.
"Administrative capability" means a branch (i) maintains or
					 has access to all records and accounts; (ii) has an administrator; (iii) offers
					 courses that consist of a large number of unit subjects that comprise a program
					 of education or a set curriculum large enough to allow pursuit on a continuing
					 basis; and (iv) provides student services, including financial aid, admissions,
					 career placement assistance, or registration.
"Agent" means a person who is employed by any institution
					 of higher education or noncollege degree school, whether such institution or
					 school is located within or outside this Commonwealth, to act as an agent,
					 solicitor, procurer, broker, or independent contractor to procure students or
					 enrollees for any such institution or school by solicitation in any form at any
					 place in this Commonwealth other than the office or principal location of such
					 institution or school.
"Avocational" means instructional programs that are not
					 intended to prepare students for employment but are intended solely for
					 recreation, enjoyment, personal interest, or as a hobby or courses or programs
					 that prepare individuals to teach such pursuits.
"Branch" means an additional location, operated by a school
					 with an approved existing site. A branch campus must have administrative
					 capability exclusive of the main campus and adequate resources to ensure that
					 the objectives of its programs can be met.
"Career-technical school" means a school that does not
					 offer courses for degree credit at a site in Virginia or via telecommunication
					 equipment located in Virginia; same as academic-vocational school.
"Certificate" means the credential awarded by a school upon
					 the successful completion of a program that consists of one or more technical
					 courses, usually completed in less than 26 weeks, normally with a single skill
					 objective.
"Certification" means the process of securing authorization
					 to operate a private or out-of-state postsecondary school or institution of
					 higher education or degree, certificate, or diploma program in the Commonwealth
					 of Virginia.
"Change of ownership" means the change in power within a
					 school. Change of ownership may include the following situations: (i) sale of
					 the school, (ii) merger of two or more schools if one of the schools is
					 nonexempt, or (iii) change from profit to nonprofit or collective.
"CIP code" means the six-digit number assigned to each
					 discipline specialty in the Classification of Instructional Programs (CIP)
					 taxonomy maintained by the National Center for Education Statistics.
"Clock hour" or "contact hour" means a minimum of 50
					 minutes of supervised or directed instruction and appropriate breaks.
"College" means any institution of higher education that
					 offers degree programs.
"Conditional certification" means a status that may be
					 granted by the council to a school certified to operate in Virginia to allow
					 time for the correction of major deficiencies or weaknesses identified in the
					 school's administration that are of such magnitude that, if not corrected, may
					 result in the suspension or revocation of the school's certificate to operate.
					 During a period of conditional certification, a school may not enroll new
					 students or confer any degrees, diplomas, or certificates.
"Council" means the State Council of Higher Education for
					 Virginia.
"Course for degree credit" means a single course whose
					 credits are applicable to the requirements for earning a degree, diploma, or
					 certificate.
"Course registration materials" means any official
					 documents provided to students for the purpose of formal enrollment into the
					 school, a specific program, or a certain course.
"Credit" means (i) the quantitative measurement assigned to
					 a course generally stated in semester hours, quarter hours, or clock hours or
					 (ii) the recognition awarded upon successful completion of coursework.
"Credit hour" means a unit by which a school may measure
					 its coursework. The number of credit hours assigned to a traditionally
					 delivered course is usually defined by a combination of the number of hours per
					 week in class, the number of hours per week in a laboratory, or the number of
					 hours devoted to externship multiplied by the number of hours in the term. One
					 unit of credit is usually equivalent to, at a minimum, one hour of classroom
					 study and outside preparation, two hours of laboratory experience, or three
					 hours of internship or practicum, or a combination of the three multiplied by
					 the number of weeks in the term. Emerging delivery methodologies may
					 necessitate determining a unit of undergraduate or graduate credit with
					 nontime-based methods. These courses shall use demonstration of competency,
					 demonstration of proficiency, or fulfillment of learning outcomes to ensure
					 these courses are equivalent to traditionally delivered courses.
"Degree" means any earned award at the associate,
					 baccalaureate, master's, first professional, or doctoral level that represents
					 satisfactory completion of the requirements of a program or course of study or
					 instruction beyond the secondary school level and includes certificates and
					 specialist degrees when such awards represent a level of educational attainment
					 above that of the associate degree level.
"Degree program" means a curriculum or course of study that
					 leads to a degree in a discipline or interdisciplinary specialty and normally
					 is identified by a six-digit CIP code number.
"Diploma" means an award that represents a level of
					 educational attainment at or below the associate degree level and that normally
					 consists of up to (i) 1,500 clock hours, (ii) 90 quarter hours, or (iii) 60
					 semester hours.
"Distance education" means education that uses the
					 Internet, one-way transmission and two-way transmission through open broadcast,
					 closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or
					 wireless communications; audio conferencing; or video cassettes, DVDs, and
					 CD-ROMs to deliver instruction to students who are separated from the
					 instructor and to support regular and substantive interaction between student
					 and instructor.
"Enrollment agreement" means a legally binding document
					 signed by a student and an authorized representative of an institution, prior
					 to the time instruction begins that contains required disclosures, a completed
					 copy of which is given to the student upon execution.
"Existing institution" or "existing postsecondary school"
					 means any postsecondary school that either (i) has been in operation in
					 Virginia for two or more calendar years as of July 1, 2004, and has been
					 certified to operate continuously during that period or (ii) has been approved
					 to operate as a postsecondary school in another state, is accredited by an
					 accrediting agency recognized by the United States Department of Education, and
					 is certified to operate in Virginia.
"Full-time faculty" means a person whose: (i) employment is
					 based upon an official contract, appointment, or agreement with a school; (ii)
					 principal employment is with that school; and (iii) major assignments are in
					 teaching and research. A full-time administrator who teaches classes incidental
					 to administrative duties is not a full-time faculty member.
"Graduate credit hours" means credits hours earned for
					 successful completion of courses beyond the baccalaureate level, generally
					 awarded at the 500 series and above.
"Gross tuition collected" means all fees collected or
					 received on either a cash or accrual accounting method basis for all
					 instructional programs or courses, except for nonrefundable registration and
					 application fees and charges for materials, supplies, and books that have been
					 purchased by, and are the property of, the student.
"In-state institution" means an institution of higher
					 education that is formed, chartered, or established within Virginia. An
					 out-of-state institution shall be deemed an in-state institution for the
					 purposes of certification as a degree-granting institution if (i) the
					 institution has no instructional campus in the jurisdiction in which it was
					 formed, chartered, established, or incorporated and (ii) the institution
					 produces clear and convincing evidence that its main or principal campus is
					 located in Virginia.
"Institution of higher education" or "institution" means
					 any person, firm, corporation, association, agency, institute, trust, or other
					 entity of any nature whatsoever offering education beyond the secondary school
					 level that has received certification from the council and either: (i) offers
					 courses or programs of study or instruction that lead to, or that may
					 reasonably be understood to be applicable to, a degree; (ii) operates a
					 facility as a college or university or other entity of whatever kind that
					 offers degrees or other indicia of level of educational attainment beyond the
					 secondary school level; (iii) uses the term "college" or "university," or words
					 of like meaning, in its name or in any manner in connection with its academic
					 affairs or business; or (iv) offers approved courses of degree credit or
					 programs of study leading to a degree or offers degrees either at a site in
					 Virginia or via telecommunications equipment located within Virginia.
"Instructional faculty" means a person employed by a school
					 who is engaged in instructional, research, or related activities.
"Instructional site" means a location in Virginia where a
					 postsecondary school (i) offers one or more courses on an established schedule
					 and (ii) lacks administrative capability.
"Multistate compact" means any agreement involving two or
					 more states to offer jointly postsecondary educational opportunities, pursuant
					 to policies and procedures set forth by such agreement and approved by
					 council.
"New institution" or "new postsecondary school" means any
					 postsecondary school that seeks certification and has been in operation in
					 Virginia for less than two calendar years as of July 1, 2004, and has neither
					 operated in another state as a postsecondary institution nor has been approved
					 to operate in another state as a postsecondary institution.
"Noncollege degree school" means any postsecondary school
					 that offers courses or programs of study that do not lead to an associate or
					 higher level degree at a site in Virginia or via telecommunications equipment
					 located within Virginia. Such schools may be academic-career-technical or
					 career-technical.
"Out-of-state institution" means an institution of higher
					 education that is formed, chartered, established, or incorporated outside
					 Virginia.
"Part-time faculty" means a person whose (i) annual
					 employment is based upon an official contract, appointment, or agreement with a
					 school and (ii) courseload of teaching assignments is of lesser quantity than
					 that expected of a full-time faculty member or is of lesser quantity than the
					 school's definition of a full load of courses.
"Postsecondary education" means the provision of formal
					 instructional programs with a curriculum designed primarily for students who
					 have completed the requirements for a high school diploma or equivalent or who
					 are beyond the age of compulsory high school attendance. It includes programs
					 of an academic, career-technical, and continuing professional education
					 purpose, and excludes avocational and adult basic education programs.
"Postsecondary education activities" means researching,
					 funding, designing, or conducting instructional programs, classes, or research
					 opportunities, designed primarily for students who have completed the
					 requirements for a high school diploma or its equivalent or who are beyond the
					 age of compulsory high school attendance.
"Postsecondary school" or "school" means any entity
					 offering formal instructional programs with a curriculum designed primarily for
					 students who have completed the requirements for a high school diploma or its
					 equivalent or who are beyond the age of compulsory high school attendance, and
					 for which tuition or a fee is charged. Such schools include programs of
					 academic, career-technical, and continuing professional education, and exclude
					 avocational and adult basic education programs. For the purposes of this
					 chapter, a "postsecondary school" shall be classified as either an institution
					 of higher education as defined in this section or a noncollege degree school,
					 as defined in this section.
"Private postsecondary career school" means any for-profit
					 or nonprofit postsecondary career entity maintaining a physical presence in
					 Virginia providing education or training for tuition or a fee that (i) augments
					 a person's occupational skills; (ii) provides a certification; or (iii)
					 fulfills a training or education requirement in one's employment, career,
					 trade, profession, or occupation. Any entity that offers programs beyond the
					 secondary school level, including programs using alternate modes of delivery,
					 shall be included in this definition so long as tuition and fees from such
					 programs constitute any part of its revenue.
"Program" means a curriculum or course of study in a
					 discipline or interdisciplinary area that leads to a degree, certificate, or
					 diploma.
"Program area" means a general group of disciplines in
					 which one or more degree programs, certificates, or diplomas may be
					 offered.
"Program of study" means a curriculum of two or more
					 courses that is intended or understood to lead to a degree, diploma, or
					 certificate. It may include all or some of the courses required for completion
					 of a degree program.
"Provisional certification" means a preliminary approval
					 status granted by the council to a new school applicant that has demonstrated
					 substantial compliance with the provisions of this chapter. Such a status may
					 include any conditions imposed by the council to ensure compliance with the
					 provisions of this chapter. The provisionally certified school must demonstrate
					 compliance with all conditions within one calendar year of the initial grant of
					 provisional certification.
"Surety instrument" means a surety bond or a clean
					 irrevocable letter of credit issued by a surety company or banking institution
					 authorized to transact business in Virginia adequate to provide refunds to
					 students for the unearned non-Title IV portion of tuition and fees for any
					 given semester, quarter or term and to cover the administrative cost associated
					 with filing a claim against the instrument.
"Teach-out agreement" means the process whereby a closed or
					 closing school undertakes to fulfill its educational and contractual
					 obligations to currently enrolled students.
"Telecommunications activity" means any course offered by a
					 postsecondary school or consortium of postsecondary schools where the primary
					 mode of instructional delivery is by television, videocassette or disc, film,
					 radio, computer, or other telecommunications devices.
"Unearned tuition" means the portion of tuition charges
					 billed to the student but not yet earned by the institution; the unearned
					 tuition represents future educational services to be rendered to presently
					 enrolled students.
"University" means any institution offering programs
					 leading to degrees or degree credit beyond the baccalaureate level.
"Vocational" means a noncollege degree school that offers
					 only noncollege credit courses. Such schools have programs of instruction
					 offering a sequence of courses that are directly related to the preparation of
					 individuals for paid or unpaid employment in current or emerging occupations
					 requiring other than a baccalaureate or advanced degree. Vocational education
					 shall not include instructional programs intended solely for recreation,
					 enjoyment, personal interest, or as a hobby, or courses or programs that
					 prepare individuals to teach such pursuits.
Statutory Authority: § 23.1-215 of the Code of
						Virginia.