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2011 SESSION
Be 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 a 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) (a) the
requirement to so register has terminated or become inapplicable to the person
and (ii) (b) 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.
For the purposes of this section, the "principal place of business" of a nonprofit institution of collegiate education means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the institution as a whole primarily exercise that function, considering the following factors: (1) the state in which the primary executive and administrative offices of the institution are located; (2) the state in which the principal office of the chief executive officer of the institution is located; (3) the state in which the board of trustees, or similar governing person or persons, of the institution conducts a majority of its meetings; and (4) the state from which the overall operations of the institution are directed.