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2023 SESSION
23102889DBe it enacted by the General Assembly of Virginia:
1. That §§ 23.1-100 and 23.1-902 of the Code of Virginia are amended and reenacted as follows:
§ 23.1-100. Definitions.
As used in this title, unless the context requires a different meaning:
"Associate-degree-granting" means that an associate degree is the most advanced degree that is granted, except as otherwise provided in § 23.1-902.
"Associate-degree-granting public institution of higher education" includes Richard Bland College and each comprehensive community college.
"Baccalaureate" means that bachelor's degrees or more advanced degrees, or both, are granted, except as otherwise provided in § 23.1-902.
"Baccalaureate public institution of higher education" includes Christopher Newport University, George Mason University, James Madison University, Longwood University, the University of Mary Washington, Norfolk State University, Old Dominion University, Radford University, the University of Virginia, the University of Virginia's College at Wise as a division of the University of Virginia, Virginia Commonwealth University, Virginia Military Institute, Virginia Polytechnic Institute and State University, Virginia State University, and The College of William and Mary in Virginia.
"Chief executive officer" includes the Chancellor of the Virginia Community College System, the Chancellor of the University of Virginia's College at Wise, the Superintendent of Virginia Military Institute, and the president of each other public institution of higher education.
"Comprehensive community college" means an associate-degree-granting public institution of higher education governed by the State Board that offers instruction in one or more of the following fields:
1. Freshman and sophomore courses in arts and sciences acceptable for transfer to baccalaureate degree programs;
2. Diversified technical curricula, including programs leading to an associate degree;
3. Career and technical education leading directly to employment;
4. Courses in general and continuing education for adults in the fields set out in subdivisions 1, 2, and 3; or
5. Noncredit training and retraining courses and programs of varying lengths to meet the needs of business and industry in the Commonwealth.
"Council" means the State Council of Higher Education for Virginia.
"Governing board" includes the State Board and the board of visitors of each baccalaureate public institution of higher education. "Governing board" does not include local community college boards.
"Local community college board" means the board established to act in an advisory capacity to the State Board and perform such duties with respect to the operation of a single comprehensive community college as may be delegated to it by the State Board.
"Nonprofit private institution of higher education" means any postsecondary school, as that term is defined in § 23.1-213, in the Commonwealth that is exempt from paying federal income taxes under § 501(c)(3) of the Internal Revenue Code and is certified by the Council to offer degrees or exempt from such certification pursuant to Article 3 (§ 23.1-213 et seq.) of Chapter 2.
"Non-Virginia student" means any student who has not established domicile in the Commonwealth pursuant to § 23.1-502.
"Private institution of higher education" includes each nonprofit private institution of higher education and proprietary private institution of higher education in the Commonwealth.
"Proprietary private institution of higher education" means any postsecondary school, as that term is defined in § 23.1-213, in the Commonwealth that is privately owned, privately managed, and obligated to pay federal income taxes in the Commonwealth and is certified by the Council to offer degrees or exempt from such certification pursuant to Article 3 (§ 23.1-213 et seq.) of Chapter 2.
"Public institution of higher education" includes the System as a whole and each associate-degree-granting and baccalaureate public institution of higher education in the Commonwealth.
"State Board" means the State Board for Community Colleges.
"System" means the Virginia Community College System.
"Virginia student" means any student who has established domicile in the Commonwealth pursuant to § 23.1-502.
§ 23.1-902. Education preparation programs offered by institutions of higher education.
A. Education preparation programs offered by public institutions of higher education, including four-year bachelor's degree programs in teacher education offered at comprehensive community colleges, and by private institutions of higher education shall meet the requirements for accreditation and program approval as prescribed by the Board of Education in its regulations.
B. The Board of Education may prescribe in its regulations requirements for admission to approved education preparation programs in the Commonwealth.
C. Any candidate who fails to achieve the minimum score established by the Board of Education may be denied entrance into an education preparation program on the basis of such failure, but any such candidate who gains entrance and enrolls in an education preparation program shall have the opportunity to address all deficiencies.
D. Education preparation programs offered by public institutions of higher education and private institutions of higher education shall ensure that, as a condition of degree completion, each student enrolled in the education preparation program receives instruction on positive behavior interventions and supports; crisis prevention and de-escalation; the use of physical restraint and seclusion, consistent with regulations of the Board of Education; and appropriate alternative methods to reduce and prevent the need for the use of physical restraint and seclusion.