A. In the event of school closure or revocation of its approval or certification, the postsecondary school shall (i) make arrangements for the transfer of the academic and financial records of all students to the Council within 30 days of the closure or (ii) with the approval of the Council, ensure preservation of the academic and financial records of all students by entering into an agreement with another postsecondary school. An out-of-state postsecondary school that is public or corporately held may retain records at the postsecondary school’s location outside of the Commonwealth but shall provide the Council with the contact information needed for each student to obtain copies of his academic and financial records.

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Terms Used In Virginia Code 23.1-223

  • Council: means the State Council of Higher Education for Virginia. See Virginia Code 23.1-100
  • Out-of-state: means formed, chartered, established, or incorporated outside of the Commonwealth. See Virginia Code 23.1-213
  • Postsecondary school: includes programs of academic, vocational, and continuing professional education, except courses or programs of continuing professional education set forth in subdivision B 4 of § Virginia Code 23.1-213
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245

B. This section shall not be deemed to interfere with students’ rights to have access to and obtain copies of their own records or to authorize disclosure of student records except in compliance with applicable state and federal law, including the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g).

2002, c. 178, § 23-276.8; 2005, c. 447; 2013, c. 229; 2016, c. 588.