Entities Seeking Exemption

According to § 23.1-226 of the Code of Virginia and 8VAC40-31-60(A) and 8VAC40-31-50 of the Virginia Administrative Code

1. A professional or occupational training program offered by a non-college degree school qualifies for exemption if it has been approved by a Virginia regulatory board (under Title 54.1 of the Code of Virginia) or another state or federal governmental agency with regulatory oversight authority applicable to Virginia.
2. A course or program provided or approved by a professional body, fraternal organization, civic club, or benevolent order qualifies if its principal purpose is continuing or professional education and no degree credit is awarded.
3. Any course or program offered through an approved multistate compact in which Virginia is a member qualifies for exemption.
4. A course offered and delivered by a postsecondary school solely on a contractual basis qualifies for exemption where no individual is charged tuition and there is no advertising for open enrollment.
5. Any course of instruction offered by a trade association or a nonprofit affiliate of a trade association on subjects relating to the trade, business, or profession represented by the association qualifies for exemption.
6. Tutorial instruction delivered and designed to (i) supplement regular classes for students enrolled in any public or private school, (ii) prepare an individual for an examination for professional practice or higher education, or (iii) prepare an individual for an examination to demonstrate proficiency or to maintain proficiency in an occupational field.
7. Any course or program of instruction on Scrum, Kanban, or other Agile-based methods or frameworks qualifies for exemption, provided that the course does not exceed the number of instructional hours required by the certifying body.
8. Any course or program conducted on a not-for-profit basis by a firm or organization for the training of its own employees qualifies for exemption, provided that such instruction is offered at no charge to employees and with no advertising for open enrollment.
9. Schools of fine arts or other avocational courses that are conducted solely to further artistic appreciation, talent or for personal development or information.
10. Privately held institutions of higher education that were formed, chartered or established in Virginia that have maintained a main or branch campus for at least 20 continuous years under the same ownership and maintained full accreditation by an accrediting body recognized by the U.S. Department of Education.
11. Any postsecondary school whose primary purpose is to provide religious or theological education qualifies for exemption. Schools applying under this category follow a separate application process.


Certification Exemption Forms