Code of Massachusetts Regulations
610 CMR - BOARD OF HIGHER EDUCATION
Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education
Section 2.07 - Regulations, Application Procedures, Review Process, and Review Criteria for Massachusetts-Based Institutions that are New, or that are not Accredited or are Accredited With Sanction by the New England Association of Schools and Colleges and Out-of-State Institutions

Universal Citation: 610 MA Code of Regs 610.2

Current through Register 1531, September 27, 2024

(1) Application Procedures. When a new institution is being proposed and initial authorization and approval are being sought, or when an existing Massachusetts-based institution not accredited or accredited with sanction by the New England Association of Schools and Colleges seeks additional degree-granting authority, or when an out-of-state institution seeks new or additional authority to operate in Massachusetts, the applicant is required to provide two copies to Board staff and one copy to each member of the visiting committee of the following required information:

(a) New Institution. When a new institution is being proposed and initial authority and approval are being sought, the following information must be provided with a timetable indicating when each of the items, as appropriate, is to be implemented:

1. the petition itself, including the certificate of organization and any amendments and foreign corporation certificates.

2. a list of members of the corporation.

3. the constitution and bylaws of the corporation.

4. a statement of mission and educational objectives.

5. course descriptions and syllabi for all proposed programs of study.

6. plans for any additional future program offerings necessary to achieve the stated goals of the institution.

7. assets and existing financial support already in hand and pledged, and support for the development, growth, and maintenance of the institution.

8. information regarding tuition, fees, and other student charges, as well as plans for student financial aid.

9. plans for the acquisition of physical plant and equipment.

10. description of current library holdings and plans for future development of library and information resources.

11. curriculum vitae of all faculty already retained by the institution, including those pledged to the institution effective as of specified dates.

12. enrollment plans including annual anticipated enrollment for the period from initiation of the program(s) until the first degrees are awarded.

13. proposed operating budget for the period from initiation of the program(s) until the first degrees are awarded.

14. proposed requirements for admission and for graduation.

15. description of the proposed academic and student services which the institution plans to provide.

16. other information pertinent to the plans of the incorporators.

(b) Existing Institution. The following information shall be provided:

1. The petition itself, including a copy of the existing charter with all amendments, and including reference (if known) to previous petitions of similar intent which may have been filed with the Legislature, with the Secretary of State, or with the Board. The petition will contain:

a. a detailed description of the proposed degree program(s) including statement (s) of purpose, description of administration and governance, the curriculum or curricula, course descriptions and syllabi, methods of evaluating student work, and graduation requirements.

b. an estimate of the projected enrollment in the proposed program(s) for the first year of program operation through the year of initial graduation.

c. the curriculum vitae of all faculty, full-time and part-time, who will teach in the proposed program(s), and position descriptions for any additional faculty needed.

d. a description of the instructional equipment, materials, and space required to implement the proposed program(s).

e. a description of library resources needed to support the proposed program(s).

f. an analysis of the projected impact of the proposed program(s) upon the institution's human, physical, and fiscal resources.

2. A statement of current educational objectives of the institution, and a description of the effect of the proposed petition on those educational objectives.

3. A certified audit showing the financial structure of the institution, with balance sheets and operating statements for the last two fiscal years, as well as information regarding the tax status of the institution.

4. The present admissions procedures and entrance requirements, and any changes in requirements anticipated if the petition is granted. Profiles of admitted students, if available, reflecting distribution by secondary school class rank and by test performance, as appropriate to the level of program(s) to be offered if the petition is granted.

5. The total enrollment of the institution for the current academic year. The number of full-time, part-time, and evening students is to be shown separately, together with a tabulation of the number of students in each (graduating) class. If the institution operates a summer school, the number of students in the last session is to be provided.

6. A list of tuition charges for all students, together with any additional fees or charges.

7. Copies of the most recent catalog and/or bulletin shall be provided.

8. A list of any accrediting associations (regional or national) or any State Departments of Education which have accredited or approved the institution or any of its programs. Any suspensions, revocations, or investigative actions by accrediting associations during the last five years, with an explanation of the cause(s) and the resolution(s), if any, is to be described.

9. A copy of the institution's affirmative action program, policy, and plan, together with a copy of the most recent EE06 form filed with the federal Office of Civil Rights.

10. If applicable, approval or authorization given to a program or programs by the Veterans Approval Agency.

11. Any other pertinent information.

(2) Review Process. After receipt of an application, the following procedures apply:

(a) Within 45 business days, Board staff determines whether or not the application is complete and notifies the institution.

(b) Within 30 business days of notification to the institution that the application is complete, a visiting committee will be appointed.

(c) The visiting committee will evaluate the institution's application and submit a report to Board staff. The report should be submitted within 30 business days of the evaluation.

(d) The visiting committee's final report will be submitted to the institution with a response required by the institution within 30 business days of receipt of the report. The institution may request an extension, if needed, to respond adequately to the visiting committee report.

(e) If Board staff determines that the institutional response needs to be reviewed by the visiting committee or any of its members, then that response will be forwarded to the evaluator(s) for review and response.

(f) Within 20 business days of receipt of the institution's response to the visiting committee report, a date will be set for a public hearing, unless the institution requests an extension.

(g) Within 30 business days following the public hearing, the staff of the Board will evaluate materials submitted to the Board by the institution, the written report of the visiting committee, the written response from the institution, evidence submitted at the hearing, and any additional information submitted by the institution, including a request for a delay.

(h) On the basis of that evaluation, Board staff will make a specific recommendation to the Board, and the Board shall take action, by formal vote, to either approve or disapprove the request.

(3) Review Criteria. In determining whether an institution should be granted authority to award degrees, its overall ability to provide an appropriate learning environment for all students will be considered as well as its compliance with each criterion. The following criteria constitute the basis for the Board staff and visiting committee's review concerning degree approval. The Board, acting upon recommendations and information provided by the visiting committee and Board staff, shall determine the applicant's qualifications for initial or additional degree-granting authority, based upon the following.

(a) Mission, Planning and Evaluation. The institution shall have a clearly articulated mission and purpose, focused upon its identity, educational goals, and the students it wishes to serve. The mission shall be included in appropriate publications. The institution should engage in planning in order to enhance and further its goals and should evaluate its effectiveness, especially in meeting the educational needs of students. A range of constituencies within the institution, including administration, faculty and students, shall participate in planning and assessment.

(b) Organization and Governance.

1. The governing board of the institution shall have final responsibility for and control over the institution. The board shall organize and govern itself in accordance with a set of bylaws. The bylaws shall provide specific regulation of membership, term of office, responsibilities, definitions of conflict of interest, and provisions concerning prohibitions or limitations on financial dealings between trustees and the institution.

2. The education and experience of governing board members, administrators, supervisors, counselors, agents, and faculty members shall be appropriate to establish and maintain educational programs of a quality consistent with the institution's stated objectives and mission.

3. The governing board shall appoint the chief executive officer of the institution, and shall provide direction for the institution in terms of general policies, purposes, and objectives. The chief academic administrator must be qualified by level and area of academic preparation, as well as through appropriate experience, to direct the academic affairs of the institution.

4. There must be sufficient distinction among the roles, functions and identities of the governing board of the institution and of the administration and faculty to ensure the appropriate separation and independence of board, administration and faculty. Faculty members shall have opportunities to participate in governance and curricular development through, for example, service on such bodies as the faculty senate and institutional policy-making committees.

1. Degree Programs.

a. Degree-granting authority, as vested in the institution, shall be appropriate to the mission and purpose of the institution and shall be reasonably specific (for example, "Bachelor of Science in Nursing," Master of Arts in Religious Education," "Associate in Arts in Liberal Arts," "Doctor of Philosophy in Mathematics").

b. Degree requirements for all programs shall be clearly stated, and students shall be held to the accomplishment of a defined amount and quality of work. The institution should present evidence that any students enrolled in transfer programs are qualified for transfer to other institutions of recognized standing, and that its graduates are well prepared for continued study or performance in occupations related to the program of study.

c. Institutions and programs organized on other than the usual semester hour basis must give evidence sufficient in the opinion of the Board that they meet the standards of equivalent educational programs. Graduate and professional programs should be conducted so as to provide for the development of high levels of competence with appropriate scholarship and skills in the area. Programs designed to provide professional training should be related to current practice in the professional field and to licensing requirements, as well as to generally accepted academic standards.

d. All credit courses, programs and degrees offered by an institution shall remain under the direction and control of the central administration of the institution, and shall reflect the institution's goals and academic standards. If an institution advertises and offers for credit courses or programs offered by telecommunications, home study, or other alternate forms of instruction, it shall ensure the same quality of education as in its regular programs.

2. General Education.

a. Each undergraduate degree program shall include a general education requirement, together with a major or concentration requirement in an academic discipline or interdisciplinary area. An associate's degree shall comprise a minimum of 60 credits, and a baccalaureate degree a minimum of 120 credits. All courses offered for credit toward graduation shall be college level. Remedial courses, or courses offered to prepare students for college-level work, may only be offered for institutional credit.

b. General education shall comprise a balance of courses of study drawn from each of the main disciplinary areas: the arts and humanities, including literature and foreign languages; mathematics and the natural and physical sciences; and the social sciences. The following are the minimum general education requirements:

Associate in Applied Science degree: 16 credit hours

Associate in Science degree: 20 credit hours

Associate in Arts degree: 33 credit hours

Baccalaureate degree: 36 credit hours

(d) Faculty. The institution shall have an appropriately qualified faculty in sufficient numbers to meet all requirements of the institution's courses of study. All faculty members shall hold proper credentials, and their preparation and qualifications must be suited to the field and level of their instructional assignments. Those in the conventional academic fields shall hold degrees or present evidence of scholarship or creative achievement appropriate to their positions; those in the professional, technical, or specialized fields shall have equally appropriate education, preparation, experience, and attainments.

1. The following are the minimum expected academic or professional qualifications of the instructional faculty:

a. A two-year institution that offers associate degree programs shall ensure that at least one full-time faculty member teaching in each degree program holds at least a master's degree, or equivalent experience and/or attainment, in an appropriate field.

b. An institution that offers one or more degree programs at the baccalaureate level shall ensure that at least one full-time instructional faculty member teaching in each baccalaureate program shall hold a doctoral or other terminal degree, or equivalent experience and/or attainment, in the appropriate field.

c. An institution that offers one or more programs at the master's or post-master's level shall ensure that at least b of the full-time faculty teaching in the program(s) hold a doctoral or other terminal degree, or equivalent experience and/or attainment, in an appropriate field.

2. Teaching loads and schedules may vary from institution to institution, but normally should not exceed fifteen contact hours per week at the undergraduate level.

3. The institution shall protect the academic freedom of each faculty member. It shall clearly delineate and publish its policies regarding work conditions, administrative procedures, and compensation for faculty; and shall establish fair methods of redressing grievances. Faculty members shall have reasonable contractual security. If they do not hold tenured positions, or if the institution does not grant tenure, they shall receive signed contracts for a stipulated period stating whether their appointment is or is not tenure-track. The nature and role of each type of faculty appointment, full-time, part-time, or adjunct, shall be clearly defined.

4. The institution shall advocate and uphold high professional and ethical standards among its faculty members, in teaching and other related activities. It shall regularly evaluate faculty performance, using a variety of appropriate methods; and shall maintain records on each member of the faculty relating to academic publications, professional activities, and other materials that may be considered in evaluation.

(e) Student Services.

1. All students of an institution shall be governed by the same policies and procedures. The institution shall have an effective mechanism for reviewing student complaints concerning institutional procedures.

2. The institution shall publish its admissions policies, standards, procedures, and affirmative action policy as it relates to admissions. In particular, the institution shall make known the specific tests or examinations that are required of candidates for admission to the institution and its programs, and provide information concerning the procedures for taking these tests or indicate where such information may be obtained.

3. The institution shall publish, especially to all potential candidates for admission, its policies and procedures for the awarding of financial aid.

4. The institution shall make public its schedule of tuition and fees; its policy regarding refunds of moneys, which shall be fair and equitable; the academic standards and regulations of the institution (including degree requirements); its provision of mandatory health insurance for students in accordance with M.G.L. c. 15A, § 18, and the health care services, if any, it makes available to students; student employment policies; and the behavioral expectations and disciplinary procedures of the institution.

5. The institution shall provide and make known a system of academic counseling for its students, appropriate to the goals and methods of the institution.

6. The institution shall maintain adequate student records, including but not limited to: official transcripts of academic courses taken and grades earned, information concerning the date of admission, period of attendance, honors awarded, diploma, degree, or certificate earned, and appropriate evaluation of the quality of work completed. It should have secure and appropriate methods of maintaining and disposing of records, and of protecting individual privacy and confidentiality.

7. At the request of a student, the institution shall release to the student, or to other educational institutions, businesses, or other organizations official copies of his/her official transcript upon payment of a published transcript fee, provided that the student adheres to the institution's policies regarding moneys owed to the institution and subject to applicable law.

(f) Financial Resources. The institution should present evidence of past, present, and future financial stability, with resources adequate for effective accomplishment of its announced purposes. For new institutions, and for new or modified degree-granting authority for an existing institution, this evidence shall take into account the anticipated student demand for the program and possible competition from other institutions that could affect the program's or the institution's stability. Resource allocation should reflect clear support for the educational program of the institution. The institution shall keep appropriate financial records and reports, which shall be made separate and distinct from those of any affiliated or sponsoring person or entity. These fiscal records and reports shall be maintained in a manner that permits immediate analysis of the fiscal status of the institution, and annual statements shall be audited and certified by an independent certified public accountant authorized to practice in the Commonwealth.

1. No member, director, trustee, or officer of a non-profit institution shall receive income from the institution, except as reasonable compensation for expenses, unless that person is a regular employee of the institution. In instances where a member, director, trustee or officer of the institution who is not a regular employee of the institution receives remuneration for a particular reason, the details of such compensation shall be fully disclosed.

2. If an institution knows that it may close, or if it is planning to merge with another institution, it shall so notify the Board and should follow appropriate procedures as far as possible in advance of the closure or merger, including filing appropriate documents with the Office of the Secretary of State; and it shall arrange, in association with the Board, to safeguard the needs of students by organizing educational transfer opportunities, and ensuring the preservation of student records, as required by M.G.L. c. 69, § 31B.

(g) Public Disclosure An institution shall use its name as contained in its articles of organization or foreign corporation certificate, as amended, together with a complete address, for all advertising and promotional purposes. A two-year college that does not include the term "junior college" in its name must use in all of its publications and documents the Board-approved descriptive phrase distinguishing the institution from a senior college. Only an institution that is approved by the Board in accordance with 610 CMR 2.00 may indicate in catalogs, advertisements, and other publications that the Board has approved the institution to confer degrees in Massachusetts. Institutions in the process of applying for degree-granting authority within the Commonwealth shall not advertise or imply, in the catalog or bulletins or any publication, correspondence, or announcement, that degree-granting authority is either available or soon to be approved.

1. Publications. An institution's catalog or bulletin should be regarded as the basic reference document about the institution and its programs for potential and enrolled students. All such information should be provided to students prior to enrollment. Separate catalogs or bulletins may be published for portions of an institution that are separately organized for purposes of courses of study, degrees and student admissions. These documents should therefore be comprehensive, accurate, unambiguous and up-to-date in presentation of the institution's mission, policies, resources, general environment, instructional offerings and other services. As a general guide, the institution's publications available to applicants and students should provide full, accurate and current information for each of the following components:

a. The current academic calendar.

b. Statement of institutional history, plans, educational mission and philosophy.

c. Accreditation(s) - If the accreditation is limited to programs or portions of the institution, the notice shall so specify.

d. Physical and financial resources, physical setting, community resources, cooperative relationships with other educational and cultural institutions.

e. Admissions procedures and criteria, financial aid policies and practices, detailed statements of application fees, admission deadlines, and policies on advanced placement and credit

f. Financial policies for students, including all costs, schedule for payments and refunds on all types of charges for academic and other services. The institution shall show that it has published and adheres to a fair and equitable cancellation and refund policy.

g. Description of auxiliary services, including personal and career counseling, health services, services for veterans, disadvantaged and other special groups, athletics, extracurricular activities and groups, alumni activities, housing, dining, bookstore, and similar topics to the extent that these are provided by the institution.

h. Statement of student rights and responsibilities, constraints on students (for example, statutory hazing prohibitions, cars, parietal rules) including rules for maintenance of order on campus, and general process for resolution of complaints.

i. Description of governance process, including student role.

j. General description of educational program, and background of faculty members (full-time and part-time status, credentials).

k. Course offerings, including semester schedules, credits awarded, class and lab hours, instructor, course content, and, if appropriate, course level and prerequisites. l. Listing of professional administrative staff, trustees, and other advisory board members.

2. False Advertising. The educational institution shall not engage in untrue and misleading advertisements which are otherwise prohibited by the provisions of M.G.L. c. 266, § 91, M.G.L. c. 93A, or any other state or federal law. All advertisements, announcements, and promotional material of any kind which are distributed shall be free from statements that are untrue, deceptive, or misleading with respect to the institution, its personnel, its services, its degree-granting status, its accreditation status, and the transferability of its courses or degree programs. Neither the institution nor its agents shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type that are false, deceptive, misleading or unfair. No advertisement, announcement, or any other material produced by or on behalf of an institution shall in any way indicate that it is recommended, endorsed, or accredited by the Board, except to assert that the Board has authorized the institution to offer the specified course(s) or has granted the institution the authority to offer the specified degree program(s). An institution may not advertise a degree program or credit offerings or enroll students in a degree program or courses for credit before the Board has approved the program or credit offerings if the latter are outside the present degree authorization of the institution.

(h) Physical Resources. All facilities shall comply with the health and safety standards of the community and of the state and federal government. Classrooms shall be sufficient in size, in number, and in equipment to meet all requirements of the institution's course of study. Laboratories shall be equipped appropriate to the level of instruction in the courses offered.

(i) Library and Information Resources. Libraries and information resources shall be professionally staffed, with holdings, electronic retrieval systems, and/or networks sufficient and appropriate to support the curriculum of all degrees and programs offered by the institution, and instructional and research needs. Facilities and services should be convenient and adequate for the requirements of students, faculty and staff.

(j) Discrimination. The institution shall not engage in, nor propose to engage in, illegal discrimination based on race, color, religion, gender, national origin, age, disability, or sexual orientation in admissions, practices, or employment policies.

(k) Other Laws, Rules and Regulations. The institution shall comply with all other applicable local, state, and federal laws, rules, and regulations.

(l) Accreditation. The Board shall determine how much weight accreditation of an institution by accrediting bodies other than the New England Association of Schools and Colleges will carry in a request to offer courses for credit or for degree-granting authority.

(4) Additional Criteria Governing Proprietary Institutions. The Board requires proprietary institutions that are incorporated or propose to incorporate for profit-making purposes under the provision of M.G.L. c. 156B as educational institutions titled "college", or "junior college", or "university" and/or with power to grant a degree or degrees to meet, in addition to the criteria identified in 610 CMR 2.07 or 610 CMR 2.08, as applicable, the following:

(a) In order to obtain degree-granting authority, a local proprietary educational institution shall have a board of trustees with a minimum of seven members. At least three members and in no case less than one-third of the board's membership should have no other affiliation with the institution and should be qualified and experienced men and women who are residents of Massachusetts and from such fields as education, labor, business, government, law, medicine and science. Members of the board should be appointed by the chief executive officer of the corporation. The requirement that a local educational institution establish a board of trustees is designed to encompass the following situations:

1. A national educational organization with a Massachusetts-based educational subsidiary: a board of trustees must be established for the local educational organization independent of the national organization.

2. A Massachusetts-based educational organization: a board of trustees must be established.

3. A national business corporation with a Massachusetts-based educational subsidiary: a board of trustees must be established for the local educational organization independent of the national organization.

4. A local business corporation with a local educational subsidiary: an independent board of trustees must be established for the local educational institution.

(b) Each year the proprietary institution is required to submit a report in two copies to the Board, reviewing the status of the institution's degree-granting programs. This report, to be titled "annual report," should evaluate the general quality of curricula, the faculty and the student body. It should provide statistical information on the number of students completing the requirements for the degree, job placement and/or transfer statistics, the financial status of the institution, operating costs and revenues. It should provide evidence that both degree authority and tuition and refund policies are clearly stated in the publicity of the institution. Finally, the report should certify whether, in fact, the institution's degree-granting programs are maintained and operated within the provisions and spirit of the criteria and guidelines set forth for proprietary institutions with degree-granting authority.

(c) Each proprietary institution shall be subject to review on these standards by the Board every five years, following procedures described in 610 CMR 2.09. All costs of these reviews shall be borne by the proprietary institution.

(d) The above requirements are additional to the procedures and criteria described elsewhere in 610 CMR 2.00 which apply fully to proprietary institutions.

(5) Additional Criteria For Out-of-State Institutions Operating in Massachusetts. An institution chartered, incorporated, or organized in another state that seeks to offer courses in Massachusetts leading to the awarding of a degree shall meet, in addition to the criteria identified in 610 CMR 2.07(1) through (4), the following:

(a) The institution shall file a Foreign Corporation Certificate with the Secretary of State, who shall forward that Certificate to the Board, which will evaluate the institution and the courses to be offered, using procedures and criteria described in 610 CMR 2.06, 610 CMR 2.07, in addition to procedures and criteria described elsewhere in 610 CMR 2.00. Such courses may be offered only with the approval of the Board.

(b) The institution must have the requisite degree-granting authority in the state of charter origin.

(c) The institution should be accredited by the New England Association of Schools and Colleges, or by a regional and/or national accrediting agency recognized as such by the United States Secretary of Education. The accreditation held by the institution must apply to all instruction for degree programs which the institution seeks approval to offer in Massachusetts.

(d) The institution shall have a resident agent in Massachusetts upon whom all lawful processes in any action or proceedings against the institution may be served as well as a professional staff member serving either full-time or part-time, who serves as a liaison between the students in Massachusetts and the central administration on the home campus. The institution may designate one person for both these roles.

(e) The institution shall have an administrator on the home campus appointed as administrator of the Massachusetts program.

(f) The program of study and the qualifications of the faculty provided in Massachusetts must be of at least the same level and quality as equivalent programs offered by the institution at its home campus, and must be subject to the same process of institutional review and quality control.

(g) The program of study and the qualifications of the faculty must be of comparable quality to similar approved programs offered in Massachusetts by Massachusetts-based institutions.

(h) Successful completion of the course (s) must provide credit towards a degree at the parent institution.

(i) The institution shall publish a brochure or catalog for the Massachusetts program that provides information regarding: accreditation, calendars, admissions procedures, description of courses of study, matriculation procedures, qualifications of the faculty, evaluation procedures, tuition and refund policies. (N.B. If the institution seeks degree-granting authority within the Commonwealth of Massachusetts, then the procedures and criteria described elsewhere in 610 CMR 2.00 shall be in force.)

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