Massachusetts

The Massachusetts Degree Granting Regulations for Independent Institutions of Higher Education (610 CMR 2.00) shall apply and shall be limited to the following situations:

(1) Certificates of organization referred to the Board by the Secretary of State proposing incorporation of a college, junior college, university, or other educational institution with power to grant degrees;

(2) Proposed articles of amendment to the charter of an existing educational institution referred to the Board by the Secretary of State which will give the educational institution power to grant certain academic degrees, either earned or honorary;

(3) Proposed articles of amendment to the charter of an existing educational institution referred to the Board by the Secretary of State changing its name to a name which will include the term “college”, “junior college” or “university”;

(4) Actions by the Board implementing the requirement of M.G.L. c. 69, s. 31A that no educational institution chartered, located, offering courses, or otherwise doing business within the Commonwealth may award degrees within the Commonwealth unless authorized to do so by the Commonwealth; nor shall any educational institution chartered, incorporated, or organized in another state conduct within the Commonwealth any courses available to residents of the Commonwealth leading to the award of a degree unless the educational institution has received the approval of the Commonwealth for such courses.

(5) Actions by the Board implementing the requirements of M.G.L. c. 69, s. 30A that any institution of higher education not in compliance with Board’s regulations may have its degree-granting authority revoked or suspended, after the procedures described in 610 CMR 2.10(2) have been followed.

Any answers on the need to be licensed would be specific to the actual situation and would be formulated after a staff review of the actual in place constellation of facts at the time of such review. The answer depends to a great deal on how Massachusetts consumers are affected e.g., would the institution target Massachusetts residents in a systematic and continuous way as part of an overall effort to serve the education market in Massachusetts? Is the Institution trying to reach into another jurisdiction? What is the specific degree of interactivity?

The Board of Higher Education’s general policy is to require an institution to be licensed if an education institution chartered, incorporated, or organized in another state, conducts within the Commonwealth any courses available to residents of the Commonwealth leading to the award of a degree.education institution chartered, incorporated, or organized in another state, conducts within the Commonwealth any courses available to residents of the Commonwealth leading to the award of a degree.education institution chartered, incorporated, or organized in another state, conducts within the Commonwealth any courses available to residents of the Commonwealth leading to the award of a degree.