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2002 SESSION

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SB 627 Regulation of private & out-of-state institutions of higher educa.

Introduced by: R. Edward Houck | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Regulation of certain private and out-of-state institutions of higher education. Clarifies and strengthens the present regulatory scheme for approval of private and out-of-state institutions to operate and grant degrees in Virginia. This bill (i) defines key terms relating to this approval process; (ii) sets out exemptions for such activities as granting honorary degrees and certain professional training programs that are subject to regulatory boards, schools that are regulated by the Department of Education that offer nondegree programs, other noncredit programs, contract programs, etc.; (iii) establishes the State Council of Higher Education for Virginia's authority to adopt regulations for procedures, minimal academic standards, protections for students, and information to assist third parties who rely on postsecondary credentials; (iv) mandates that approval be obtained from the Council prior to using the term "college" or "university," enrolling students, offering degrees, etc.; (v) grandfathers certain institutions that were in existence prior to July 1, 1980; (vi) clarifies the division of authority between the State Council and the Department of Education, i.e., that any institution that is approved to grant degrees does not offer nondegree credit programs but does offer certificate and diploma programs will only be subject to the authority of the Council; and (vii) clearly notes the Council's authority to grant provisional approval or to modify a previous approval, to refuse, revoke or suspend its approval under certain circumstances, and to issue emergency actions. Student records are protected through requirements for maintenance and orderly transfer in the event of a closure. Violations of these provisions will be punishable as a Class 1 misdemeanor. Further, the Council may institute a proceeding in equity to enjoin any violation of a provision and will be entitled to reasonable attorney's fees and costs upon substantially prevailing on the merits unless special circumstances would render such an award unjust. The old chapter governing private and out-of-state institutions is repealed; the Council's present regulations are continued until new regulations are in place, and the Council is required to promulgate emergency regulations.


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