23-276.3 - Authority of the State Council of Higher Education; delegation of authority to director.

§ 23-276.3. Authority of the State Council of Higher Education; delegation ofauthority to director.

A. The State Council of Higher Education for Virginia shall adopt, pursuantto the Administrative Process Act (§ 2.2-4000 et seq.) such regulations asmay be necessary to implement the provisions of this chapter. The Council'sregulations shall include, but need not be limited to, (i) procedures bywhich a school may apply for Council approval to confer degrees in Virginia;(ii) measures designed to ensure that all postsecondary schools that aresubject to the provisions of this chapter meet minimal academic standards;(iii) protections for students pursuing postsecondary education opportunitiesin schools subject to the provisions of this chapter; and (iv) information toassist persons who rely on postsecondary degrees, diplomas, and certificatesin judging the competence of individuals.

B. The minimal standards established by the Council shall include, but neednot be limited to, faculty preparation and experience, educational programs,physical plants, additional locations, finances, guaranty instruments,advertising and publications, maintenance of student records, personnelqualifications, student services, the method for collecting and refundingtuition and fees, library resources and services, organization andadministration, changes of ownership or control, procedures for studentadmission and graduation, agent or solicitor requirements, consistency of aschool's stated purpose with the proposed offerings, reporting requirements,and any other relevant standards or requirements promulgated by action of theCouncil or an accrediting agency recognized by the United States Departmentof Education.

C. The Council shall prescribe the manner, conditions, and language to beused by a school, person, or agent thereof in disclosing or advertising thatthe school has received certification from the Council to offer postsecondaryprograms in Virginia.

D. In addition to the other requirements of this chapter, the Council mayestablish separate certification criteria for various school classifications.

E. Pursuant to the provisions of this chapter and its implementingregulations, the Council may grant to its director the authority to take, onits behalf, specific actions.

(Code 1950, § 23-268; 1980, c. 658; 1996, cc. 691, 832; 2002, c. 178; 2004,c. 991; 2005, c. 447.)