Vol. 33 Iss. 13 - February 20, 2017

Chapter 20
Final Regulation

REGISTRAR'S NOTICE: The State Council of Higher Education for Virginia is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Council of Higher Education for Virginia will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 8VAC40-20. Regulations for the Senior Citizen Higher Education Program (amending 8VAC40-20-10, 8VAC40-20-60).

Statutory Authority: §§ 23.1-203 and 23.1-640 of the Code of Virginia.

Effective Date: February 20, 2017.

Agency Contact: Melissa Wyatt, Senior Associate for Financial Aid, State Council of Higher Education for Virginia, 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804) 225-4113, FAX (804) 225-2604, or email


The amendments update citations to reflect the recodification of Title 23 to Title 23.1 of the Code of Virginia and conform an introductory clause to Virginia Administrative Code style.

8VAC40-20-10. Definitions.

Section 23-38.55 of the Senior Citizens Higher Education Act defines several words and terms. Unless otherwise noted, they shall have the following meanings ascribed to them: The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Course" means any course of study offered in any state institution of higher education including the regular curriculum of any department, or school, or subdivision of any such institution or any special course given for any purpose, including but not limited to, adult education.

"Full-time equivalent student (FTES)" means the statistic used for budgetary purposes by the Commonwealth. It is derived by calculating total credit hours generated by students at a particular level and dividing that number by the number of credit hours generally considered a full-time load at that level.

"Senior citizen" means any person who, before the beginning of any term, semester or quarter in which such person claims entitlement to the benefits of this chapter, (i) has reached 60 years of age, and (ii) has had his legal domicile in this Commonwealth for one year.

"Senior Citizens Higher Education Act" is set forth in Chapter 4.5 (§ 23-38.54 et seq.) of Title 23 Article 7 (§ 23.1-639 et seq.) of Chapter 6 of Title 23.1 of the Code of Virginia.

8VAC40-20-60. Notification to senior citizens.

As required in § 23-38.59 § 23.1-641 of the Code of Virginia, each state-supported institution shall prominently include in its catalogue a statement of the benefits available to senior citizens under this program.

VA.R. Doc. No. R17-4846; Filed January 30, 2017, 10:03 a.m.