Virginia: A Step By Step Guide To Obtain State Approval For A Private Post Secondary Institution

Licensing Agency

State Council of Higher Education for Virginia (SCHEV) – Private Postsecondary Education (PPE) unit

Agency Contact

State Council of Higher Education for Virginia – Private Postsecondary Education Unit
Director: Sandra Freeman – Phone: 804-225-3862
Mailing Address: 101 N. 14th Street, 10th Floor, James Monroe Building, Richmond, VA 23219

Degree-Granting Institutions

Process – Virginia law requires any private postsecondary institution offering degree programs or college credit in the state to secure a Certificate to Operate from SCHEV before advertising or enrolling students. The approval process involves two phases and multiple steps:

• Confirm Need for Certification – Determine if the school must be certified or qualifies for an exemption. Most for-profit and non-profit colleges with a physical presence in Virginia require SCHEV certification. (Certain entities – like purely religious schools or training programs offered only to company employees – may be exempt; see State Exemptions below.) If not exempt, proceed with the certification steps.
  
  
• Attend New School Orientation – Register for SCHEV’s mandatory orientation session (held virtually about every six weeks). At least one owner or senior administrator must attend. The orientation fee is $150 per person, paid via the online event registration portal. SCHEV will not accept an application from any institution that has not completed this orientation. The session familiarizes applicants with Virginia’s laws, regulations, and expectations for new institutions.
  
  
• Submit Intent and Background Forms – After orientation, complete the “Intent to Operate a Postsecondary School” form (with a coversheet) and submit it to SCHEV. Wait for official acknowledgment; SCHEV staff review the intent submission and typically respond within about 45 days with approval to proceed or feedback on any issues. Next, submit the required “Name Acknowledgment” form (to reserve/approve the institution’s name in Virginia) and Background Check Profile forms for owners and key administrators. SCHEV will review and issue an approval letter (usually within 21 business days) confirming the school’s approved name and clearing personnel to move forward. Only after receiving these approvals should the school prepare the full application. (If any disqualifying information or name conflicts arise, they must be resolved at this stage.)
  
  
• Prepare Application Materials – Assemble a comprehensive certification application package demonstrating that the institution meets all state standards. SCHEV provides detailed instructions and templates for this step. Key components to prepare include:
  • Organizational documentation – Proof of business entity status (articles of incorporation, State Corporation Commission certificate, any assumed name filings) and governance structure (list of owners, board members, with profiles).
  • Program details – An inventory of each proposed degree program with descriptions, curricula, and credit hours. Include course outlines and degree requirements for every program. If the school is unaccredited, also prepare an Accreditation Plan outlining steps to achieve accreditation within six years of opening.
  • Academic catalog & policies – A draft institutional catalog or student handbook explaining admission requirements, academic policies (grading, attendance, conduct), student services, and program descriptions. Ensure compliance with SCHEV’s disclosure requirements (e.g. refund policy, transfer credit policy).
  • Faculty and staff qualifications – Documentation of credentials for instructors and academic administrators (résumés, transcripts, and SCHEV’s qualification forms) to show they meet minimum degree and experience standards.
  • Financial stability evidence – Recent audited financial statements for existing institutions or personal financials for new startups, plus a projected budget (3-year) demonstrating the school’s viability. New schools must also obtain a surety bond or irrevocable letter of credit in an amount sufficient to cover unearned student tuition (typically a minimum of around $20,000). This surety instrument, made payable to SCHEV, protects students in case of school closure.
  • Facilities and equipment – Information about the instructional site: campus address, floor plan or square footage, and a Certificate of Occupancy from the local authority to prove the facility is approved for educational use. List major equipment, labs, or training resources available, especially if programs are technical.
  • Additional required documents – Completed SCHEV application forms (signed with original signatures), a Status of Good Standing report if the institution operates in other states, a sample Enrollment Agreement (the contract to be signed by students), a Truth-in-Lending statement (if tuition will be paid in installments), samples of any advertising or promotional materials, a library resources plan (describing on-site and online library access suitable for the programs), and if offering distance education, a distance learning addendum outlining how online education will be delivered. Use SCHEV’s provided checklists to ensure every item is included and in the correct order. Note: All forms must be typed (no handwritten entries), and the package should be organized in a binder with tabbed sections as specified by SCHEV guidelines.
  
  
• Submit Application – Once all materials are prepared, submit the complete application package to SCHEV’s Private Postsecondary Education office by mail or courier. (Currently, initial certification applications are not submitted via an online portal; an original hard-copy binder is required.) Include original signed documents (photocopies are not accepted) and the required fee payments (company check or cashier’s check). It is crucial to submit a thorough and well-organized package—if anything is missing or deficient, SCHEV will request corrections, which can delay the process. After submission, SCHEV will send an acknowledgment of receipt and may follow up for any clarifications. Be mindful of timing: from the point of submitting the full application, the institution has 180 days to satisfy all requirements, or the application may be withdrawn (with forfeiture of a portion of the fee as an administrative cost).
  
  
• Fees Payment – Pay all requisite fees as directed, made out to the Treasurer of Virginia. The initial application (certification) fee for a new degree-granting institution is $10,000. This fee is nonrefundable once processing begins (except in the case of a withdrawn application, where SCHEV will refund the fee minus a $2,000 administrative charge). The orientation fee would have been paid earlier, and there is no separate “licensing fee” based on revenue at the initial stage for degree institutions (however, see Annual renewal fees below). If the school is out-of-state and not a SARA member offering distance education, an additional $10,000 fee applies for processing the authorization. All checks must be corporate (no personal checks) and accompany the application. SCHEV will not begin final evaluation until fees are received in full.
  
  
• Review & Evaluation – SCHEV’s academic compliance staff will conduct a thorough review of the submitted application against Virginia’s regulations (8VAC40-31). First, a completeness check is done—if any components are missing or inadequate, SCHEV will notify the applicant to provide revisions or additional information. Once the package is deemed complete and compliant on paper, SCHEV arranges a site visit to the Virginia location. The site visit is typically conducted by SCHEV staff (and may include external subject-matter experts if needed) to verify the information in the application. During the visit, evaluators will inspect classrooms and facilities, review records, and interview key personnel to ensure the institution is prepared to meet educational and operational standards (such as faculty on board, curriculum materials, adequate equipment, and student support services). Any deficiencies identified (either during document review or on-site) must be corrected by the school. SCHEV may impose stipulations or conditions that the institution needs to satisfy before final approval (for example, increasing a surety bond amount, hiring additional qualified faculty, or revising a policy to meet standards). Throughout this evaluation phase, expect active communication with SCHEV staff to address any compliance gaps.
  
  
• Additional Review – For degree-granting institutions, the final approval step involves the governing Council. Once SCHEV staff are satisfied that all regulatory requirements have been met, the application is forwarded to the State Council of Higher Education for Virginia (the Council) for consideration at its next meeting. The Council convenes approximately six times per year (typically in January, March, May, July, September, and October). The timing of an institution’s final approval will depend on when its review is completed relative to the Council’s schedule – the school’s application will be placed on the agenda of the earliest feasible meeting. At the Council meeting, SCHEV senior staff present the application and their recommendations. In most cases where staff has verified full compliance, the Council will vote to grant certification. (Only the Council has authority to deny an application; if there were significant issues, the school would be informed ahead of a meeting.) Note: If a proposed program falls under another state regulatory body’s oversight (for example, a nursing degree program), the institution must separately seek that board’s approval after receiving SCHEV certification. SCHEV’s approval is a prerequisite for other Virginia boards in cases like nursing education. However, there is no separate higher-education commission in Virginia beyond SCHEV – the Council’s certification is the key approval needed to operate.
  
  
• Licensure Decision – Once all steps are successfully completed, SCHEV grants the Certificate to Operate. After the Council (for degrees) approves, SCHEV will issue a formal certificate document, usually sent via email and mail within a week. The initial certificate is valid for one year (or until the assigned renewal date in the annual cycle) and will explicitly list the institution’s approved name, campus location, and the degree programs authorized. New schools are often considered to be on provisional certification status during their early years of operation. (For example, unaccredited institutions must attain accreditation within six years; this requirement is a condition tied to their continued certification.) If the Council or SCHEV were to deny certification, the institution would receive written reasons for the decision and has the right to appeal under the Administrative Process Act. Once approved, though, the school may begin enrolling students and offering instruction, subject to ongoing compliance.
  
  
• Continuous Compliance – Certified institutions must maintain compliance with all SCHEV regulations at all times. Key ongoing obligations include: operating only within the scope of the approved programs and location (any changes require prior SCHEV approval); adhering to all student protection rules (clear disclosures in enrollment agreements, fair refund policies as per 8VAC40-31, proper maintenance of academic records, etc.); and maintaining financial and administrative standards (such as keeping the required surety instrument active for at least five years or until waived, submitting annual financial reports, and retaining qualified faculty and staff). If the institution intends to introduce a new degree program or a new branch location, it must apply to SCHEV for an amendment to its certificate (with additional fees and documentation) before launching the new program/location. Similarly, changes in ownership or school name, or closure of a program or site, all require notifying and obtaining approval from SCHEV. SCHEV may conduct periodic audits or site inspections of schools (post-approval audits) to ensure ongoing compliance. Institutions that fail to meet the standards can face actions such as being placed on conditional certification, or having their certificate suspended or revoked by the Council. Violations of Virginia’s certification laws can also carry legal penalties (each operation without certification or willful violation is a Class 1 misdemeanor). In short, after initial licensure, schools should treat compliance as a continuous process, with robust internal checks to uphold state standards and protect students.
  
  
• Renewal – Virginia requires annual renewal (recertification) of all private postsecondary school certifications. Certificates to Operate expire on a set annual schedule, and SCHEV will send a renewal notice and instructions to the school’s contact person roughly 120 days before expiration. The renewal application is typically completed through SCHEV’s online PPE portal and requires updating key information: current enrollment numbers, any program changes, latest audited financial statement, proof of ongoing surety coverage, and any other updates to previously submitted materials. The school must also pay an annual renewal fee (see Fees & Timelines below) which is based on its gross tuition revenue in Virginia. Deadlines for submission vary by institution type (for example, in-state degree institutions generally renew by mid-August for an October 1 expiration, etc.), but in all cases, the school must file the recertification application and fees by the assigned due date. Late renewal is subject to a hefty penalty (commonly $100 per business day up to $1,000 for the first ten days past due). If an institution fails to renew in time, its certificate can lapse, and SCHEV may direct the school to cease enrollments until compliance is restored. Upon timely renewal approval, SCHEV issues an updated certificate with a new validity year. The renewal process is an opportunity for SCHEV to ensure the school remains in good standing (e.g. if a school’s financial composite score has deteriorated or it hasn’t made accreditation progress, SCHEV could impose conditions or require corrective action during renewal). Schools should treat renewal not just as a routine paperwork exercise but as a reaffirmation of their compliance status each year.

Checklist of Required Items 

A complete initial application for certification must include the following elements (in proper format as instructed by SCHEV):

• New School Orientation certificate (proof of attendance at orientation for at least one principal).
  
  
• Intent to Operate forms (the completed Intent Cover Sheet and Intent to Operate form, with SCHEV’s response letters attached).
  
  
• Name approval letter from SCHEV and submitted Name Acknowledgment Form.
  
  
• Background Check forms for all owners/principals (and any required supplemental info regarding prior school involvement).
  
  
• Certification Application form (filled out in entirety and signed by the chief executive).
  
  
• Program information – inventory of degrees/certificates to be offered, with syllabi or curriculum outlines for each.
  
  
• Institutional Catalog or Student Handbook (draft) detailing academic policies, program descriptions, faculty listing, and student services.
  
  
• Policy documents – copies of key institutional policies (admissions requirements, grievance policy, refund policy, attendance, etc.) if not fully detailed in the catalog.
  
  
• Faculty/Staff qualifications – completed qualification forms or CVs/transcripts for instructors, program heads, and administrators, showing they meet minimum education and experience criteria.
  
  
• Facilities documentation – evidence of ownership or lease for the campus site, and a Certificate of Occupancy from local authorities indicating the site is approved for educational use.
  
  
• Financial documentation – audited financial statements (or personal financials for new entities if applicable), plus a projected budget for at least three years of operations in Virginia.
  
  
• Surety instrument – a executed surety bond or letter of credit (using SCHEV’s template) in the calculated amount to cover potential student refunds. The bond must list SCHEV as the obligee/beneficiary.
  
  
• Accreditation Plan (for new degree institutions that are not yet institutionally accredited) outlining steps and timeline to achieve recognized accreditation within six years.
  
  
• Good Standing letter from the home state (for any out-of-state institution) confirming the school is authorized and in compliance in its original jurisdiction.
  
  
• Sample enrollment agreement to be used with students, and sample truth-in-lending disclosure (if tuition payment plans are offered).
  
  
• Advertising materials – a sample or mock-up of an advertisement or flyer the school might use, which must include required disclosure that the school is certified by SCHEV (provisional) and the school’s correct name and location.
  
  
• Miscellaneous certifications – any additional forms required by SCHEV, such as prior postsecondary activity acknowledgment (disclosing any history of owners operating other schools), library resources plan, distance education attestation (if applicable), agent for service of process form (if required), etc.
  
  
• Fee payment checks – the non-refundable application fee and any other applicable fees (e.g. out-of-state fee), enclosed or documented.
  
  

Before submission, applicants should cross-check the SCHEV-provided checklist to ensure no item is missing. Missing items or improper formatting are a leading cause of delays.

Fees & Timelines 

The table below summarizes major fees and expected timeframes in the Virginia certification process:
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Note: Unaccredited degree-granting institutions pay a flat $10,000 annual fee each year until they achieve accreditation (in lieu of the tiered tuition-based fee). All fees are payable by company check to “Treasurer of Virginia.” If an application is withdrawn before completion, SCHEV will refund the fees paid minus an administrative charge ($2,000 for degree applications, $500 for non-degree).

Vocational and Career Schools

Non-degree postsecondary schools (career, technical, and vocational institutions offering certificates or diplomas not leading to a college degree) follow the same two-step certification process through SCHEV. These schools must also obtain a Certificate to Operate prior to enrolling students in Virginia. All the general procedures outlined above – orientation, intent filing, application submission, site visit, and annual renewals – apply equally to non-degree institutions. However, there are a few key differences and streamlined requirements for vocational school approval:

• Lower Initial Fees – The application fee for a new non-degree school is $2,500 (significantly lower than the $10,000 for degree-granting institutions). Annual renewal fees are calculated by the same revenue-based formula, but because career schools often have smaller tuition volumes, their yearly fees tend to fall in the lower tiers (e.g. $250 or $1,200). The administrative fee for withdrawing an application is also lower ($500). Overall, the cost barrier to entry is reduced for vocational institutions.
  
  
• Surety Bond Requirement – Like degree institutions, vocational schools must secure a surety instrument for student tuition protection. The requirement and calculation method are similar; however, due to generally lower tuition and shorter program lengths, the bond amount for a career school is often less. In practice, many new non-degree schools obtain a bond of approximately $20,000 (or an amount sufficient to cover the maximum unearned tuition in a term). The bond must be maintained for at least five years of operation unless SCHEV grants a waiver for strong financial stability. Public institutions (even offering non-degree training) are exempt from the bond requirement.
  
  
• Academic Standards and Program Evaluation – SCHEV’s review of career and technical programs emphasizes practical training and job outcomes. During the application and site visit, evaluators focus on whether the curriculum aligns with industry needs, the availability of adequate equipment and facilities for hands-on instruction, and the qualifications of instructors in the trade or skill being taught. There is less emphasis on traditional academic resources like libraries or research facilities (which are critical for degree programs). For example, a coding bootcamp or cosmetology school must demonstrate that it has the tools, lab space, and instructor expertise to properly train students for employment in that field. Job placement services or career counseling for students may also be examined as part of vocational program standards. Overall, the approval process may be somewhat faster for non-degree schools because their submissions are often more concise (fewer programs and simpler organizational structures), but the 180-day completion rule still applies.
  
  
• No Accreditation Required – Virginia does not require vocational or non-college institutions to obtain accreditation as a condition of state licensure. A career school can be certified and operate indefinitely without institutional accreditation, provided it meets SCHEV’s standards each year. (By contrast, a degree-granting college must become accredited within six years.) Many vocational schools do choose to pursue accreditation for federal financial aid eligibility or industry recognition, but it is not mandated for state approval. If a non-degree school later decides to offer degree programs, it would then have to meet the accreditation requirement and possibly undergo a new approval process as an institution of higher education.
  
  
• Slightly Different Documentation – The application forms and checklists for non-degree schools are tailored to their context. For instance, instead of a full college catalog, a student handbook and detailed program brochures may suffice to cover school policies and program outlines. Instructor qualification forms replace faculty credential forms (recognizing that vocational instructors may be licensed or experienced in a trade without holding advanced degrees). Non-degree schools must submit a school catalog checklist (for vocational) and a sample enrollment agreement, but they might not need to provide a research library plan or accreditation plan. SCHEV’s “Certification Application for Non-degree Schools” packet consolidates requirements appropriate to career education. Despite these tweaks, the core submission – evidence of legal compliance, qualified staff, sound finances, and educational quality – remains the same.
  
  
• Approval Authority – Final approval for non-degree institutions is typically granted by SCHEV’s Director of Private Postsecondary Education under delegated authority, once staff review and the site visit are satisfactorily completed. The application is not usually escalated to a full Council vote unless there are extraordinary circumstances or denial considerations. This delegation can streamline the final steps: as soon as SCHEV staff conclude that all standards are met, the Director can sign off on issuing the Certificate to Operate (often without waiting for a specific meeting date). The certificate for a career school is issued for one year and must be renewed annually like any other.
  
  

In all other respects – such as annual compliance, change notifications, and renewal procedures – vocational and career schools must adhere to the same rules described for degree institutions. They are subject to yearly recertification, must update SCHEV on any changes, and are monitored for compliance. Virginia’s goal is to ensure that even non-degree postsecondary programs provide quality training and protect students from fraud or subpar practices.

State Exemptions

Not every educational entity falls under SCHEV’s private postsecondary certification requirements. Virginia law (Code of Virginia §23.1-226 and related regulations) enumerates specific types of schools and training that are exempt from needing state certification. If an institution or program qualifies for one of these exemptions, it may operate without a Certificate to Operate (though some must still notify or obtain acknowledgement from SCHEV). Below is a full list of institution types and educational programs that are exempt from Virginia’s certification rules:

1. Public Institutions of Higher Education – All public colleges and universities in Virginia, as defined by state law, are exempt from SCHEV certification. (They are chartered by the state separately and overseen through other mechanisms.)
   
   
2. In-State Private Postsecondary Schools Already Regulated by the Department of Education – For example, private K-12 schools for students with disabilities (licensed under Title 22.1, Chapter 16 by the Board of Education) do not require SCHEV oversight for any postsecondary-style courses they might offer as part of their programs.
   
   
3. Schools Whose Primary Purpose is Religious or Theological Education – Institutions offering religious training and issuing only religious degrees or diplomas (e.g. Bible colleges or seminaries) can be granted a religious exemption by SCHEV. These schools must apply for a Certification of Religious Exemption from SCHEV, but once approved they do not need a standard Certificate to Operate. (Religious exemptions are typically granted for up to five years at a time and are renewable. The school must demonstrate its programs are solely for religious education and include a disclaimer on any diplomas that they are religious in nature.)
   
   
4. Programs Accredited by Specialized Boards or Agencies – Any educational program or course that is overseen and approved by another Virginia state board or a federal agency is exempt. For instance, a nursing education program that is regulated by the Virginia Board of Nursing does not need separate SCHEV certification for the nursing program itself. (However, if the school offers other programs beyond the Board of Nursing’s purview, those would fall under SCHEV.) Likewise, occupational or professional schools that require approval by boards under Title 54.1 of the Code of Virginia (such as cosmetology, barber, real estate, or trucking schools) are exempt from SCHEV as long as they stick solely to those board-approved training courses and do not confer degrees.
   
   
5. Professional Development and Continuing Education – Courses or programs delivered by professional associations, businesses, fraternal organizations, or benevolent organizations purely for continuing education or professional development are exempt provided no degree or degree credit is awarded. For example, a certified public accountant (CPA) society offering continuing education seminars to its members, or a civic club hosting leadership training workshops, would not need SCHEV approval. These are considered avocational or professional enrichment and not part of a degree curriculum.
   
   
6. Trade Association Programs – Similarly, any course or training offered by a trade association (or its nonprofit affiliate) to members in topics related to that trade or industry is exempt. For instance, a state trucking association may run a safety certification course for truck drivers – such programs, limited to a specific trade group’s membership, do not fall under SCHEV oversight.
   
   
7. Multi-State Reciprocity Courses – Educational offerings provided under approved multi-state agreements or compacts are exempt. Virginia is a member of the National Council for State Authorization Reciprocity Agreements (NC-SARA), which means that out-of-state institutions that are approved SARA participants can offer distance-learning to Virginia residents without obtaining separate SCHEV certification. Additionally, older regional initiatives like the Southern Regional Education Board’s Electronic Campus are included in this exemption category. In short, if an out-of-state online university is operating under SARA reciprocity or a similar multistate arrangement, it does not need Virginia’s authorization (as long as it has no physical presence in Virginia).
   
   
8. Corporate Training for Employees – Instruction offered by companies or organizations exclusively for the training of their own employees is exempt, so long as the training is provided at no charge to the individual employees and is not advertised to the general public. This covers in-house corporate training programs, technical training departments within a business, or government agencies providing professional development to staff. For example, if a software company runs a coding bootcamp for its new hires internally (and does not charge tuition or open it to non-employees), SCHEV does not regulate that activity.
   
   
9. Contract Training by Accredited Schools – Likewise, if an accredited college or university (whether in-state or out-of-state) delivers a course or program under contract for a specific client, it is exempt provided that no individual tuition is charged to participants and there is no public advertising for enrollment. For instance, an accredited university might be hired by a corporation to teach a custom course to that corporation’s employees; such a contracted program wouldn’t trigger SCHEV certification requirements, as it’s not open to the public and the students themselves aren’t paying tuition.
   
   
10. Dual Enrollment / High School Courses – Courses offered by a public or private high school in Virginia that also count for postsecondary credit are exempt from SCHEV oversight, as long as the high school is recognized by the Virginia Board of Education and is charging any tuition or fees in accordance with K-12 education rules. This acknowledges programs like dual-enrollment classes where high school students earn college credits through arrangements with colleges – the high school’s offering of those courses (even if students pay a fee) doesn’t require the high school to be certified as a postsecondary institution.
    
    
11. Tutoring and Test Preparation – Tutorial instruction or exam preparatory courses are exempt. This includes services that supplement K-12 schooling (e.g. tutoring in math or SAT prep courses) or prep for professional exams (like bar exam review courses, GRE/GMAT prep, etc.), as well as courses aimed at personal development that are not part of an academic degree. The key factor is these do not grant any degree credit. They are short-term educational services to help an individual prepare for an exam or improve in an area, and they fall outside SCHEV’s jurisdiction.
    
    
12. Avocational and Fine Arts Schools – Schools or programs focused on avocational education, meaning for personal enrichment, recreation, or pursuit of a hobby or fine art, are exempt. Examples are schools of art, music, dance, drama, or crafts that offer courses purely for enjoyment or skill development, not for job preparation. Even if such schools charge tuition, as long as they are not claiming to prepare students for employment in a vocation and are not awarding diplomas or degrees, they do not require certification. (If a school advertises that its program will lead to employment, it would be deemed vocational rather than avocational and would not be exempt.)
    
    

All the above categories represent situations where the Commonwealth does not require a SCHEV Certificate to Operate. However, exemption is not automatic – a school that believes it qualifies must typically apply for a recognition of exemption from SCHEV (except for public institutions). For instance, a religious institution needs to file for religious-exempt status, and a corporation offering employee training might send an exemption request to ensure its program is acknowledged as exempt. SCHEV will review exemption applications and issue a letter of exemption if approved. Exempt institutions are still subject to certain basic provisions (such as truth-in-advertising standards and the requirement to seek approval for any non-exempt programs they might add). Schools should consult SCHEV’s guidelines on exemptions to verify eligibility and the proper procedures to follow.

For personalized guidance on navigating the authorization process for your private post secondary institution in Virginia, reach out to Expert Education Consultants (EEC) at +19252089037 or email sandra@experteduconsult.com