West Virginia Code § 21A-1A-21

Institution of higher education
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"Institution of higher education" means an educational institution which:
(1) Admits as regular students only individuals having a certificate of graduation from a high
school, or the recognized equivalent of such a certificate;
(2) Is legally authorized in this state to provide a program of education beyond high school;
(3) Provides an educational program for which it awards a bachelor's or higher degree, or
provides a program which is acceptable for full credit toward such a degree, or provides a
program of postgraduate or postdoctoral studies, or provides a program of training to
prepare students for gainful employment in a recognized occupation; and
(4) Is a public or other nonprofit institution. a
Notwithstanding any of the foregoing provisions of this definition all colleges and
universities in this state are institutions of higher education.

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