23-276.1 - Definitions.
§ 23-276.1. Definitions.
As used in this chapter:
"Academic-Vocational" refers to a noncollege degree school that offersdegree and nondegree credit courses.
"Agent" means a person who is employed by any institution of highereducation or noncollege degree school, whether such institution or school islocated within or outside the Commonwealth, to act as an agent, solicitor,procurer, broker or independent contractor to procure students or enrolleesfor any such institution or school by solicitation in any form at any placein the Commonwealth other than the office or principal location of suchinstitution or school.
"Certificate" or "diploma" means an award that is given for successfulcompletion of a curriculum comprised of courses that may also be taken fordegree credit and shall apply only to those awards given for courseworkoffered by institutions of higher education and academic-vocationalnoncollege degree schools.
"College" means any institution of higher education that offers associateor baccalaureate level degree programs.
"Continuing or professional education" means those classes, courses, andprograms, designed specifically for individuals who have completed a degreein a professional field, that (i) are intended to fulfill the continuingeducation requirements for licensure or certification in said profession;(ii) have been approved by a legislatively or judicially established board oragency responsible for regulating the practice of the profession; and (iii)are offered exclusively to an individual practicing in the profession.
"Council" means the State Council of Higher Education for Virginia.
"Degree" means any earned award at the associate, baccalaureate, graduate,first professional or specialist levels that represents satisfactorycompletion of the requirements of a program or course of study or instructionbeyond the secondary school level.
"Degree credit course" means any earned credits awarded for successfulcompletion of the requirements of a course of study or instruction beyond thesecondary school level, which may be used toward completion of a certificateor diploma, or an associate, baccalaureate, graduate, first professional orspecialist level degree.
"Fraudulent academic credential" means a diploma, certification, academictranscript, or other document issued by a person or an entity that is not aninstitution of higher education that provides evidence of or demonstratescompletion of course work or academic credit that results in the issuance ofan associate or more advanced degree.
"In-state institution" means an institution of higher education that isformed, chartered, or established within Virginia. An out-of-stateinstitution shall be deemed an in-state institution for the purposes ofcertification as a degree-granting institution if (i) it has no instructionalcampus in the jurisdiction in which it was formed, chartered, established, orincorporated and (ii) it produces clear and convincing evidence that its mainor principal campus is located in Virginia.
"Institution of higher education" or "institution" means any person orentity, other than a Virginia state-supported institution of higher educationnamed in § 23-9.5 or any public institution of higher education establishedin statute as an authority and declared a governmental instrumentalitypursuant to § 23-14, that has received approval from the Council to (i) usethe term "college" or "university," or words of like meaning, in its nameor in any manner in connection with its academic affairs or business; (ii)enroll students; or (iii) offer approved courses for degree credit orprograms of study leading to a degree or to offer degrees either at a site inVirginia or via telecommunications equipment located within Virginia.
"Multistate compact" means any agreement involving two or more states tooffer jointly postsecondary educational opportunities, pursuant to policiesand procedures set forth by such agreement and approved by the Council.
"Noncollege degree school" means any postsecondary school that offerscourses or programs of study that do not lead to an associate or higher leveldegree. Such schools may be academic-vocational or vocational.
"Nondegree credit course" means any earned credits awarded for successfulcompletion of the requirements of a course of study or instruction beyond thesecondary school level, which may be used toward completion of a certificateor diploma, but may not be used to earn an associate or higher level degree.
"Out-of-state institution" means an institution of higher education that isformed, chartered, established, or incorporated outside the Commonwealth.
"Postsecondary school" or "school" means any entity offering formalinstructional programs with a curriculum designed primarily for students whohave completed the requirements for a high school diploma or its equivalent.Such schools include programs of academic, vocational, and continuingprofessional education, and exclude avocational and adult basic educationprograms. For the purposes of this chapter, a "postsecondary school" shallbe classified as either an institution of higher education as defined in thissection or a noncollege degree school, as defined in this section.
"Program" means a curriculum or course of study in a discipline orinterdisciplinary area that leads to a degree, certificate, or diploma.
"Program area" means a general group of disciplines in which one or moredegree programs, certificates, or diplomas may be offered.
"Proprietary" means a privately owned and managed, profit-makinginstitution of higher education or noncollege degree school.
"Site" means a location in Virginia where a postsecondary school (i) offersone or more courses on an established schedule and (ii) enrolls two or morepersons who are not members of the same household. A site may be a branch ofsuch postsecondary school, and shall not be required to possessadministrative capability.
"University" means any institution offering programs leading to degrees ordegree credit beyond the baccalaureate level.
"Vocational" refers to a noncollege degree school that offers onlynondegree credit courses, and shall not include instructional programs thatare intended solely for recreation, enjoyment, personal interest, or as ahobby, or courses or programs of instruction that prepare individuals toteach such pursuits.
(Code 1950, § 23-265; 1980, c. 658; 1996, cc. 691, 832; 1999, cc. 458, 499;2002, c. 178; 2004, cc. 671, 991; 2005, c. 447; 2007, cc. 82, 115; 2008, c.856; 2010, cc. 67, 263.)