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2011 SESSION
11104733DBe it enacted by the General Assembly of Virginia:
1. That § 23-38.12 of the Code of Virginia is amended and reenacted as follows:
§ 23-38.12. Program of tuition assistance established.
There is hereby established, from funds provided by law, a
program of tuition assistance in the form of grants, as hereinafter provided,
to or on behalf of bona fide residents of Virginia who attend private,
accredited and nonprofit institutions of collegiate education in the
Commonwealth whose primary purpose is to provide collegiate, graduate, or
professional education and not to provide religious training or theological
education. Eligible institutions not admitted to this program before January
1, 2011 shall also (i) be formed, chartered, established, or incorporated
within the Commonwealth; (ii) have their principal place of business within the
Commonwealth; (iii) conduct their primary educational activity within the
Commonwealth; and (iv) be accredited by an nationally recognized regional
accrediting agency. Individuals who have failed to meet the federal
requirement to register for the Selective Service shall not be eligible to
receive these grants. However, a person who has failed to register for the
Selective Service shall not be denied a right, privilege, or benefit under this
section if: (i) the requirement to so register has terminated or become
inapplicable to the person and (ii) the person shows by a preponderance of the
evidence that the failure to register was not a knowing and willful failure to
register. The State Council of Higher Education shall be assisted in enforcing
this provision by the private institutions of higher education whose students
benefit from this program. Unless otherwise indicated, as used in this
chapter "accredited" means any institution approved to confer degrees
pursuant to Chapter 21.1 (§ 23-276.1 et seq.) of this title.