STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Council of Higher Education for Virginia intends to consider amending 8VAC40-31, Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates. The purpose of the proposed action is to conform to a 2020 legislative mandate requiring out-of-state postsecondary schools offering distance education to Virginia citizens to be certified by the State Council of Higher Education for Virginia or be participants in the National State Authorization Reciprocity Agreement (NC-SARA). This action establishes certification requirements for schools that do not participate in a reciprocity agreement, including (i) criteria that must be fulfilled by schools that are not members of NC-SARA in order to be certified to operate; (ii) aspects of the school's current status, such as accreditation, being in good standing in its home state, and providing certain disclosures to the public; and (iii) the school's obligations regarding maintenance of student records and payment of fees. The regulation will not have any effect on institutions that are members in good standing of NCSARA.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 23.1-215 of the Code of Virginia.

Public Comment Deadline: July 7, 2021.

Agency Contact: Beverly Rebar, Senior Associate for Academic and Legislative Affairs, State Council of Higher Education for Virginia, Monroe Building, 101 North 14th Street, 9th Floor, Richmond, VA 23219, telephone (804) 371-0571, or email beverlyrebar@schev.edu.