Virginia State Council of Higher Education
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1: Important Agency Information to Note
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2: Types of Educational Providers Authorized
__*__ Public, in-state degree granting institutions
__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
_**__ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions
____ Institution _____ Program ___X__ Both
* SCHEV serves as coordinating body for public in-state institutions; ** SCHEV grants exemptions to religious institutions
Note: non-profit and for-profit institutions of higher education that are accredited and have operated under regulatory oversight of SCHEV for 20 years can be released from SCHEV oversight and no longer are required to certify after 20 years. See Code of Virginia § 23.1-219 (D)
3: Accreditation
Yes
Accreditation Required for:
__X__ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
_____ Non-degree, not-for profit institutions
_____ Non-degree, for-profit institutions
_____ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions
Accrediting agency must be recognized by US Department of Education for Title IV purposes.
Degree granting institutions operating in other states must be accredited to open locations in Virginia; new Virginia based degree granting schools have 6 years from time of initial approval to achieve full accreditation by an accrediting agency recognized by the US Department of Education.
4: Exemptions
Yes. Religious institutions are exempt from certification. Institutions that offer specific programs outlined in Code and regulation are also exempt.
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5: Authorization of Distance Education
Yes. § 23.1-219 (F) of the Code of Virginia states that “any degree-granting postsecondary school providing distance learning to residents of the Commonwealth from a location outside of the Commonwealth shall be certified to operate in the Commonwealth or shall be a participant in a reciprocity agreement to which the Commonwealth belongs.” For more information about the law’s requirements, visit https://law.lis.virginia.gov/vacodefull/title23.1/chapter2/article3/.
No. Physical presence is no longer required since the new legislation became effective on July 1, 2022.
No
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6: Physical Presence Policy
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7: Student Complaints - SARA Participating Institutions
All student complaints against all postsecondary institutions in Virginia are responded to by SCHEV, including out-of-state institutions operating in Virginia.
All student complaints against all postsecondary institutions in Virginia are responded to by SCHEV, including out-of-state institutions operating in Virginia.
All complaints are received via the portal at this link:
Complaint Information Page http://www.schev.edu/index/students-and-parents/resources/student-complaints
We do not provide the name of a specific person that responds to complaints. The complaints are received via an online portal.
All complaints are received via the portal at this link:
Complaint Information Page http://www.schev.edu/index/students-and-parents/resources/student-complaints
All complaints are received via the portal at this link:
Complaint Information Page http://www.schev.edu/index/students-and-parents/resources/student-complaints
8: Student Complaints - Non-SARA Participating Institutions
All student complaints against all postsecondary institutions in Virginia are responded to by SCHEV, including out-of-state institutions operating in Virginia.
All are responded to by SCHEV.
No. If a school with no physical presence in Virginia enrolls distance education students, those complaints are handled by the home state of the school.
We do not provide the name of a specific person that responds to complaints. The complaints are received via an online portal. See clarifying comments.
All complaints are received via the portal at this link:
Complaint Information Page http://www.schev.edu/index/students-and-parents/resources/student-complaints
9: Surety Bonds
Yes
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For first five years of operation only. Schools can receive a waiver after the first five years if they meet the minimum regulatory requirement. See Virginia Administrative Code 8VAC40-31-160 (I) for details.
10: Tuition Refund Policy
Yes. For classes of certified schools.
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11: Student Tuition Recovery Fund
Not anymore. Prior to 2006, non-degree schools were regulated by the Virginia Department of Education. These schools were transferred to SCHEV for regulatory purposes. There was a tuition recovery fund that these schools contributed to and the balance in the fund was transferred to SCHEV. The new regulation that was finalized in 2006 eliminated the tuition guaranty fund contributions. Over the years we have used the remaining funds to cover refunds for students that have not been covered by any other sources. There is still a small balance in the account. When that is depleted, there will be no funds to cover any claims not covered by other sources (such as surety instruments or letters of credit).
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12: Reporting
All schools must report enrollment and Graduation data whether in-state or out-of-state. Career-technical non-degree schools also submit placement data.
Every year at re-certification time.
No
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13: Enforcement
§ 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.
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14: Application Process
To apply for a Certificate to Operate:
1. Attend a New School Orientation Session.
2. Submit an Intent to Operate a Postsecondary School form and wait to receive an approval from SCHEV
3. Submit a complete certification application package with all required documents.
4. Submit all required fees.
5. Undergo a site visit at the Virginia location from which instruction will be offered or the administrative functions of the school will take place.
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15: Fees Associated with Authorization
A. All fees collected by council staff will be deposited in the State Treasury.
B. All fees are nonrefundable with the exception of withdrawal of an application in which case all fees will be refunded minus a nonrefundable administrative fee noted in subsection D of this section.
C. Fees must be paid with a company check and made payable to the Treasurer of Virginia.
D. The annual fee is based on the annual gross tuition received by each administrative branch of institutions certified to operate in Virginia. For out-of-state institutions certified to operate in Virginia, annual gross tuition means income generated from students enrolled at Virginia locations. The flat fee schedule is as follows:
|
New school orientation session, per person |
$150 |
|
Initial fee for all new institutions of higher education |
$10,000 |
|
Initial fee for all new non-degree postsecondary schools |
$2,500 |
| Annual fee for all unaccredited institutions of higher education |
$10,000 |
|
Initial fee for out-of-state online institutions of higher education that are not members of NC-SARA |
$10,000 |
|
Renewal fee for out-of-state online institutions of higher education that are not members of NC-SARA |
$10,000 |
|
Renewal fee for all postsecondary schools with an annual gross tuition collected less than $50,000, as recorded on most recent financial statement |
$250 |
|
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $50,000 but less than $100,000, as recorded on most recent financial statement |
$1,200 |
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $100,000 but less than $500,000, as recorded on most recent financial statement |
$3,000 |
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Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $500,000 but less than $1,000,000, as recorded on most recent financial statement |
$6,000 |
|
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $1,000,000, but less than $5,000,000, as recorded on most recent financial statement |
$7,500 |
|
Renewal fee for all postsecondary schools with an annual gross tuition collected greater than or equal to $5 million, as recorded on most recent financial statement |
$10,000 |
|
Returned check fee |
$35 |
|
Initial or renewed exemption application or request for name acknowledgment or agent registration |
$350 |
|
Nonrefundable administrative fee (withdrawal of application) |
$500 non-degree $2,000 institutions of higher education |
|
Request for change in degree level authorization |
$1,000 |
|
Request duplicate certificate to operate due to school name or address change |
$100 |
|
Request duplicate agent permit, to replace lost, stolen, or misplaced permit |
$100 |
|
Application fee for each additional instructional location |
$300 |
|
Application fee for each additional program, modification to an existing program, or program deletion |
$100 |
See above
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16: Records Retention
SCHEV sends instructions on closures including information regarding student transcripts. The school may transfer the transcripts to SCHEV or, with SCHEV’s permission, may transfer them to another location (such as another school) provided they give us information on how students may retrieve their transcripts.
Many closed school records are maintained by SCHEV. Students can see where their closed school records are stored by going on the SCHEV website (www.schev.edu ) and looking at the closed school link: https://ppe.schev.edu/sites/default/files/PDF/TranscriptRequestForm.pdf.
If SCHEV has the records, they complete a form and mail it to the SCHEV office with a $10 fee. A specific person is not identified for this purpose.
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17: Additional Information
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