On behalf of the University of Fairfax (UF), I am pleased to submit comments in support of most of the suggested changes to Title 8 of the Virginia Administrative Code. As an interested party, I would like to bring the following items to you for consideration in this regulatory process:

1. Under 8VAC40-31-10, we appreciate the elimination of the definition of “Certificate,” but would appreciate the similar deletion of the definition of “Diploma.” Currently approved and offered Certificate programs may need to change to become Diploma programs without meeting the definition of “Diploma.” Lacking a definition does not exclude an institution’s ability to offer a program but eliminates the expressed requirements to be called one name versus another. Both credentials remain under the definition of “Program of study,” meaning that they will continue to be legitimate offerings within the Commonwealth, albeit lacking expressed definitions.
2. Under 8VAC40-31-30.A, because all catalogs are publicity, advertisements, and promotional materials, they should be included under 8VAC40-31-30.B. In so doing, the entirety of 8VAC40-31-30.A can be similarly stricken, moving all subsequent paragraphs forward (i.e., “B” becomes “A, “C” becomes “B”).
3. Because the definition of “postsecondary education activities” has been stricken in 8VAC40-31-10, the inclusion of the phrase in 8VAC40-31-120.C is unclear. Perhaps all of C (formerly 8VAC40-31-120.E) should be stricken and the onus of all consortia, agreements, and partnerships should rest on the current institution which is Certified by the Council?
4. The information remaining after the revisions to 8VAC40-31-130 are misnamed. The requirement for a site visit is in 8VAC40-31-170.F; therefore it is duplicative and unnecessary in this section. The remaining content about Provisional Certification should be the new title of 8VAC40-31-130 or could move into 8VAC40-31-170.
5. Under 8VAC40-31-140, we implore the Council to strike the entirety of Section A and Section B. “Generally accepted minimums” for degree length, residency requirements, and general education are contrary to the public welfare provisions established by other States in the Union. When other States have no minimum requirements (or have lessened their requirements below these thresholds) and are participants in an interstate reciprocity agreement (pursuant to 8VAC40-31-125), their programs become more competitive than these sections allow Commonwealth-based programs to be. As such, we urge the Council to remove these restrictions from the Regulation.
6. We also urge the Council to consider striking Section C, Section D, and Section E of 8VAC40-31-140, as these sections similarly give bright-line requirements that have no rationale. If the Council agrees, the entirety of 8VAC40-31-140 could be stricken to support Executive Directive 1 (2022) without negatively affecting higher education in the Commonwealth.
7. Changing from “notify” to “seek approval from” in 8VAC40-31-160.N (formerly Q) may inordinately increase the timeline needed to launch new programs. Since institutions already have multiple approvals to seek (accreditors, U.S. Department of Education, labor boards, etc.), it would be best to keep this item as a notification to the Council. If “seek approval from” remains, the Council may need to change the “Notification of Program Modification” form to “Application of Program Modification” (under FORMS 8VAC40-31).
8. The addition of “3. Loss of accreditation” under 8VAC40-31-195 should consider the future scenarios where institutions hold multiple accreditations and relinquish one. The verbiage does not distinguish between a programmatic accreditation and an institutional accreditation, and an institution may close a program and relinquish the programmatic accreditation. With the suggested repeal of 8VAC40-31-193, we urge the Council to consider clarifying this new Regulation. A suggested revision is as follows: “3. Adverse action by an institutional accreditor resulting in a loss of accreditation by that accreditor.”
9. The title of 8VAC40-31-210 should be modified to “Duplication of Effort,” as it is no longer merely about instruction for degree credit.
10. Changing the title of 8VAC40-31-230 to include “and civil enforcement” makes 8VAC40-31-240 duplicative. As such, 8VAC40-31-240 may be stricken. 

Thank you for this opportunity to participate in the regulatory work of the Council. It has been our honor and pleasure to work with the Council.

We appreciate your consideration of our suggested modifications and welcome the opportunity to work collaboratively with the Council in support of our shared commitment to educational quality and institutional effectiveness.