(a) It is the policy of the Government of the United States Virgin Islands to encourage the establishment of nonpublic schools within the Territory when such schools will enhance the educational opportunities of students; provided, that such schools meet baseline requirements for safety, health, general welfare, financial responsibility, and scholastic standards. No nonpublic school shall operate in the Territory of the Virgin Islands which has not first obtained a certificate of operation as provided in this section. It is recognized that the criteria for operation of a nonpublic school need not be as high as those criteria which qualify a school for a certificate of accreditation.
(b) Except as provided in section 262 of this title, the Virgin Islands Department of Education shall receive and review all applications to operate nonpublic schools within the Territory of the Virgin Islands. The Department shall issue a certificate of operation upon finding that the applicant satisfies the rules and regulations promulgated by the Board that all of the following will be met:
(1) the quality and content of the educational courses proposed are sufficient to reasonably and adequately achieve the stated objective for which the courses are offered, even though the standard achieved may not be high enough to qualify for accreditation;
(2) the school has adequate space, equipment, instructional material and instruction personnel to provide training of the quality needed to attain the objectives of the courses offered;
(3) the actual enrollment does not exceed that number which the faculty, facilities, and equipment can reasonably handle;
(4) the instructors hold credentials of specific competence to teach in the courses offered, and their character and academic experience is professional and exemplary;
(5) the administrators, owners, and directors are of good and moral reputation and demonstrate professional character;
(6) the school complies with all local and federal regulations such as fire, building and sanitation codes;
(7) the school maintains written records of students' previous education and training with appropriate recognition where applicable;
(8) the school maintains adequate records to show student attendance, progress, and grades;
(9) the school is financially stable with sufficient resources to refund tuition, fees, and other charges when reasonably requested in a timely manner; and
(10) a written copy of the course outline, schedule of tuition, fees, and charges, regulations pertaining to tardiness, absence, grading, rules of operation and conduct are given to students upon enrollment.
(c) Each school issued a Certificate of Operation by the Board of Education shall also file its articles of incorporation as required by Title 13, chapter 1 or chapter 3, Virgin Islands Code, for profit or nonprofit corporations, respectively. Each school is required to obtain federal tax exempt status prior to acquiring a Certificate of Operation.
(d) Once a school has filed its articles of incorporation, it shall obtain a business license from the Department of Licensing and Consumer Affairs as required by Title 27, section 302, Virgin Islands Code.
(e) If, at any time, the Commissioner of Education determines that a school holding a certificate of operation has significantly deviated from the standards and assurances required under subsection (b) of this section by which the certification of operation was awarded, the Commissioner may place the school on probation for a specific period of time. During the period of probation, the school shall be subject to special scrutiny by the Commissioner. If, after specifying the deficiencies and allowing reasonable time for the school to comply with requirements of operation, the Commissioner finds the school is still deficient, the Commissioner may revoke, upon the approval of the Board, the certificate of operation, or continue the probationary period, or declare the school in compliance with the criteria for operation. However, the school or institution may appeal the decision of the Commissioner to the Board within 30 working days.
(f) The Board of Education shall make a decision on the appeal within 60 days of the filing of the appeal. If the Board of Education revokes a school's Certificate of Operation, it shall inform the Department of Licensing and Consumer Affairs that the school is no longer sanctioned to operate in the United States Virgin Islands.