Authority: §§ 22.1-319 through 22.1-335, Code of Virginia.

The Board of Education may establish a fee schedule for the issuance of certificates to operate proprietary schools, the proceeds of which shall be used to defray all the expenses incurred by the Department of Education in regulating proprietary schools. When establishing the fee schedule the Board shall not increase fees for those schools which provide academic instruction primarily to school-age children with disabilities.

1. The Department of Education shall develop a revised fee schedule for new licenses and certificates, renewal of licenses and certificates, and miscellaneous fees to support the operation of proprietary school programs in the Department. In developing the fee schedule, the Department shall ensure that the fees assessed to proprietary schools are equitable. The fees shall be set in a manner that provides sufficient revenue to defray all of the expenses incurred by the Department for the operation of the proprietary school program and for regulating proprietary schools.

2. Notwithstanding the provisions of 8VAC20-350-510, the Department of Education shall implement the revised fee schedule, pursuant to paragraph 1. above, effective January 1, 2002. This fee schedule shall be approved by the Board of Education prior to implementation, and the Board shall make this fee schedule available for public comment for a minimum of 30 days prior to its adoption. The fee schedule developed pursuant to this provision shall not be subject to the Administrative Process Act.