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 2.08 - Regulations, Application Procedures, Review Process, and Review Criteria for Massachusetts-Based Institutions Accredited Without Sanction by the New England Association of Schools and Colleges Filing Articles of Amendment for New Earned Degree Authority
Universal Citation: 610 MA Code of Regs 610.2
Current through Register 1531, September 27, 2024
(1) Application Procedures. When an existing Massachusetts-based institution which is accredited without sanction by the New England Association of Schools and Colleges has filed articles of amendment to its charter seeking new earned degree authority, the institution shall provide two copies to Board staff, and one copy to each visiting committee member, if necessary, of the following information:
(a)
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.
(b) The
petition shall contain:
1. a detailed
description of the proposed degree program(s) including statement(s) of
purpose, a description of administration and governance, the curriculum, or
curricula course descriptions and syllabi, methods of evaluating student work,
and graduation requirements;
2. an
estimate of the projected enrollments in the proposed program(s) for the first
year of program operation through the year of initial graduation from the
program;
3. the curriculum vitae of
all faculty, full-time and part-time, who will teach in the proposed
program(s), and/or position descriptions for any additional faculty
needed;
4. a description of the
instructional equipment, materials, and space required to implement the
proposed program(s);
5. a
description of the library resources needed to support the proposed
program(s).
6. an analysis of the
projected impact of the proposed program(s) upon the institution's human,
physical and fiscal resources;
(c) Any anticipated changes in admissions
procedures or entrance requirements, if the petition is granted.
(d) The total number of the institution's
faculty and students for the current year. The number of full-time and
part-time students and faculty should be listed separately.
(e) Copies of the most recent catalog and/or
bulletin.
(f) A list of any
accrediting associations 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, are to be described.
(g) A
copy of the institution's affirmative action program, policy, and plan,
together with a copy of the most recent EEO6 form filed with the federal Office
of Civil Rights.
(h) If applicable,
approval or authorization given to a program or programs by the Veterans
Approval Agency.
(i) Any other
pertinent information.
(2) Review Process.
(a) After receipt of an application, the
following procedures apply:
1. Within 20
business days, Board staff determines whether or not the application is
complete, and notifies the institution.
2. Within 20 business days from notification
that the application is complete, Board staff reviews the completed application
and determines which of the following two evaluation methods apply.
(b)
External
Review When it is determined that an institution seeks authority
to grant a degree at a new level or to grant a degree significantly different
from those for which it is chartered, then:
1.
A visiting committee (see
610
CMR 2.06(2) ) will be
appointed within 30 business days of the determination of the external review
process.
2. 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.
3. 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.
4.
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.
5. 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.
6. 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.
7. 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.
(c)
Internal Review.
When, in the judgment of Board staff, based on information provided by the
institution, it is determined that an institution seeks authority to grant a
degree closely related to degrees granted under its existing charter, then:
1. Within 30 business days, if Board staff is
satisfied that there are no substantial questions of law or fact involved, a
public hearing date will be set. If Board staff analysis reveals substantial
questions of law or fact, then the application will follow the external review
process set forth in 610 CMR 2.08(2)(b).
2. Within 30 business days following the
public hearing, Board staff will evaluate materials submitted to the Board by
the institution, evidence submitted at the public hearing, and any additional
information submitted by the institution, including a request for a
delay.
3. On the basis of that
evaluation, 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.
(a)
General. When an existing Massachusetts-based
institution which is accredited without sanction by the New England Association
of Schools and Colleges is being reviewed by Board as part of its request for a
change in degree-granting authority, the criteria which guide the review are
the standards currently utilized by the New England Association of Schools and
Colleges, supplemented by the criteria below.
(b)
False
Advertising. 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.
(c)
Specificity
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").
(d)
Faculty. 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. When an existing institution proposes
to extend its degree-granting authority, the following are the minimum expected
academic or professional qualifications of the instructional faculty associated
with the proposed new degree program:
1. An
institution proposing to add a new degree at the associate's level shall ensure
that at least one full-time faculty member teaching in the proposed program
holds at least a master's degree, or equivalent experience and/or attainment,
in an appropriate field.
2. An
institution proposing to add a new degree at the baccalaureate level shall
ensure that at least one full-time faculty member teaching in the proposed
program holds a doctoral or other terminal degree, or equivalent experience
and/or attainment, in an appropriate field.
3. An institution proposing to add a new
degree program at the master's or post-master's level shall ensure that at
least two-thirds of the full-time faculty teaching in the proposed program hold
a doctoral or other terminal degree, or equivalent experience and/or
attainment, in an appropriate field.
4. An institution seeking to add a new
program at the doctoral level shall ensure that all faculty teaching in the
program hold a doctoral or other terminal degree, or equivalent experience
and/or attainment, in an appropriate field.
(e)
Leadership. The
governing board of the institution 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.
(f)
Financial
Stability 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)
Additional Criteria Governing Proprietary
Institutions. Refer to
610
CMR 2.07(4) for
criteria.
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