A. The provisions of this chapter shall not apply to the publicstate-supported institutions named in § 23-9.5 or any public institution ofhigher education established in statute as an authority and declared agovernmental instrumentality pursuant to § 23-14.
B. In addition, the following activities or programs offered by schools thatare otherwise subject to this chapter shall be exempt from its provisions:
1. The awarding of an honorary degree conferred and regarded as (i)commemorative in recognition of an individual's contributions to society and(ii) not representative of the satisfactory completion of all or any part ofthe requirements of a program or course of study; such degree shall clearlystate on its face that it is honorary in nature;
2. A nursing education program or curriculum regulated by the Board ofNursing;
3. A professional or occupational training program subject to the approval of(i) a regulatory board pursuant to Title 54.1 or (ii) other state or federalgovernmental agency;
4. Those courses or programs of instruction given by or approved by anyprofessional body, fraternal organization, civic club or benevolent orderthat are principally for continuing or professional education or similarpurpose and for which no degree credit is awarded;
5. Those courses or programs offered through approved multistate compacts,including, but not limited to, the Southern Regional Education Board'sElectronic Campus;
6. Those courses offered and delivered by a postsecondary school that isaccredited by an entity recognized by the U.S. Department of Education foraccrediting purposes, if such courses are provided, solely on a contractualbasis for which no individual is charged tuition and for which there is noadvertising for open enrollment;
7. Any school, institute or course of instruction offered by any tradeassociation or any nonprofit affiliate of a trade association on subjectsrelated to the trade, business or profession represented by such association;
8. Any public or private high school accredited or recognized by the Board ofEducation that has offered or may offer one or more courses cited in thischapter, if any tuition, fees and charges made by the school are collected asmay be permitted by Title 22.1, in the case of a public school, or pursuantto regulations prescribed by the relevant governing body of such privateschool; or
9. Tutorial instruction delivered and designed to supplement regular classesfor students enrolled in any public or private school or to prepare anindividual for an examination for professional practice or higher education.
C. The Council shall exempt from the provisions of this chapter any schoolwhose primary purpose is to provide religious or theological education.Postsecondary schools shall apply for exemptions to confer diplomas,certificates, or degrees related to religion and theology. Exemptions may begranted for a maximum of five years, unless the school has been granted astanding exemption prior to July 1, 2002.
Each school seeking an exemption or continuation of an exemption shall filesuch information as may be required by the Council. If the Council does notgrant a postsecondary school an exemption, the school shall be notified inwriting with the reasons for the exemption denial. The affected school shallhave the right to appeal the Council's decision pursuant to Article 3 (§2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in eachinstance, determine the applicability of the exemption as provided in thissection.
D. Notwithstanding the exemptions provided in this section, exempted schoolsshall be subject to the provisions of subsection B of § 23-276.6 and apostsecondary school may seek Council approval for an otherwise exemptactivity or program.
(Code 1950, § 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832; 1999,cc. 458, 499; 2002, c. 178; 2003, c. 461; 2004, cc. 671, 991; 2005, c. 447.)
A. The provisions of this chapter shall not apply to the publicstate-supported institutions named in § 23-9.5 or any public institution ofhigher education established in statute as an authority and declared agovernmental instrumentality pursuant to § 23-14.
B. In addition, the following activities or programs offered by schools thatare otherwise subject to this chapter shall be exempt from its provisions:
1. The awarding of an honorary degree conferred and regarded as (i)commemorative in recognition of an individual's contributions to society and(ii) not representative of the satisfactory completion of all or any part ofthe requirements of a program or course of study; such degree shall clearlystate on its face that it is honorary in nature;
2. A nursing education program or curriculum regulated by the Board ofNursing;
3. A professional or occupational training program subject to the approval of(i) a regulatory board pursuant to Title 54.1 or (ii) other state or federalgovernmental agency;
4. Those courses or programs of instruction given by or approved by anyprofessional body, fraternal organization, civic club or benevolent orderthat are principally for continuing or professional education or similarpurpose and for which no degree credit is awarded;
5. Those courses or programs offered through approved multistate compacts,including, but not limited to, the Southern Regional Education Board'sElectronic Campus;
6. Those courses offered and delivered by a postsecondary school that isaccredited by an entity recognized by the U.S. Department of Education foraccrediting purposes, if such courses are provided, solely on a contractualbasis for which no individual is charged tuition and for which there is noadvertising for open enrollment;
7. Any school, institute or course of instruction offered by any tradeassociation or any nonprofit affiliate of a trade association on subjectsrelated to the trade, business or profession represented by such association;
8. Any public or private high school accredited or recognized by the Board ofEducation that has offered or may offer one or more courses cited in thischapter, if any tuition, fees and charges made by the school are collected asmay be permitted by Title 22.1, in the case of a public school, or pursuantto regulations prescribed by the relevant governing body of such privateschool; or
9. Tutorial instruction delivered and designed to supplement regular classesfor students enrolled in any public or private school or to prepare anindividual for an examination for professional practice or higher education.
C. The Council shall exempt from the provisions of this chapter any schoolwhose primary purpose is to provide religious or theological education.Postsecondary schools shall apply for exemptions to confer diplomas,certificates, or degrees related to religion and theology. Exemptions may begranted for a maximum of five years, unless the school has been granted astanding exemption prior to July 1, 2002.
Each school seeking an exemption or continuation of an exemption shall filesuch information as may be required by the Council. If the Council does notgrant a postsecondary school an exemption, the school shall be notified inwriting with the reasons for the exemption denial. The affected school shallhave the right to appeal the Council's decision pursuant to Article 3 (§2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in eachinstance, determine the applicability of the exemption as provided in thissection.
D. Notwithstanding the exemptions provided in this section, exempted schoolsshall be subject to the provisions of subsection B of § 23-276.6 and apostsecondary school may seek Council approval for an otherwise exemptactivity or program.
(Code 1950, § 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832; 1999,cc. 458, 499; 2002, c. 178; 2003, c. 461; 2004, cc. 671, 991; 2005, c. 447.)
A. The provisions of this chapter shall not apply to the publicstate-supported institutions named in § 23-9.5 or any public institution ofhigher education established in statute as an authority and declared agovernmental instrumentality pursuant to § 23-14.
B. In addition, the following activities or programs offered by schools thatare otherwise subject to this chapter shall be exempt from its provisions:
1. The awarding of an honorary degree conferred and regarded as (i)commemorative in recognition of an individual's contributions to society and(ii) not representative of the satisfactory completion of all or any part ofthe requirements of a program or course of study; such degree shall clearlystate on its face that it is honorary in nature;
2. A nursing education program or curriculum regulated by the Board ofNursing;
3. A professional or occupational training program subject to the approval of(i) a regulatory board pursuant to Title 54.1 or (ii) other state or federalgovernmental agency;
4. Those courses or programs of instruction given by or approved by anyprofessional body, fraternal organization, civic club or benevolent orderthat are principally for continuing or professional education or similarpurpose and for which no degree credit is awarded;
5. Those courses or programs offered through approved multistate compacts,including, but not limited to, the Southern Regional Education Board'sElectronic Campus;
6. Those courses offered and delivered by a postsecondary school that isaccredited by an entity recognized by the U.S. Department of Education foraccrediting purposes, if such courses are provided, solely on a contractualbasis for which no individual is charged tuition and for which there is noadvertising for open enrollment;
7. Any school, institute or course of instruction offered by any tradeassociation or any nonprofit affiliate of a trade association on subjectsrelated to the trade, business or profession represented by such association;
8. Any public or private high school accredited or recognized by the Board ofEducation that has offered or may offer one or more courses cited in thischapter, if any tuition, fees and charges made by the school are collected asmay be permitted by Title 22.1, in the case of a public school, or pursuantto regulations prescribed by the relevant governing body of such privateschool; or
9. Tutorial instruction delivered and designed to supplement regular classesfor students enrolled in any public or private school or to prepare anindividual for an examination for professional practice or higher education.
C. The Council shall exempt from the provisions of this chapter any schoolwhose primary purpose is to provide religious or theological education.Postsecondary schools shall apply for exemptions to confer diplomas,certificates, or degrees related to religion and theology. Exemptions may begranted for a maximum of five years, unless the school has been granted astanding exemption prior to July 1, 2002.
Each school seeking an exemption or continuation of an exemption shall filesuch information as may be required by the Council. If the Council does notgrant a postsecondary school an exemption, the school shall be notified inwriting with the reasons for the exemption denial. The affected school shallhave the right to appeal the Council's decision pursuant to Article 3 (§2.2-4018 et seq.) of Chapter 40 of Title 2.2. The Council shall, in eachinstance, determine the applicability of the exemption as provided in thissection.
D. Notwithstanding the exemptions provided in this section, exempted schoolsshall be subject to the provisions of subsection B of § 23-276.6 and apostsecondary school may seek Council approval for an otherwise exemptactivity or program.
(Code 1950, § 23-266; 1980, c. 658; 1991, c. 590; 1996, cc. 691, 832; 1999,cc. 458, 499; 2002, c. 178; 2003, c. 461; 2004, cc. 671, 991; 2005, c. 447.)
