Responses Last Confirmed:

Maine Department of Education

Agency Contact

Michael T. Perry
207.441.1718
Michael.T.Perry@maine.gov

Additional Contact

Secretary of State Contact

Shenna Bellows, Secretary of State
207-626-8400
sos.office@maine.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

The Maine Department of Education’s Office of Higher Education and Educator Support Services coordinates the degree-granting authorization process, but the rules governing that process and the final vote on requests for degree-granting authorization are the purview by the Maine State Board of Education. Institutions which are approved for degree-granting authorization by the Maine State Board of Education must also seek the passage of a bill through the Maine State Legislature, per 20-A Maine Revised Statutes, Chapter 409.

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

__X__  Public, in-state degree granting institutions
__X__  Public, out-of-state degree granting institutions        
__X__  Private, in-state, not-for-profit degree granting institutions 
__X__  Private, out-of-state, not-for-profit degree granting institutions    
__X__  Private, in-state, for-profit degree granting institutions
__X__  Private, out-of-state, for-profit degree granting institutions
__X__  Public, in-state, non-degree granting institutions
__X__  Public, out-of-state, non-degree granting institutions
__X__  Non-degree, not-for profit institutions
__X__  Non-degree, for-profit institutions
_____  Religious institutions
_____  Tribally-controlled institutions
_____  Federal Institutions
_____  Municipal institutions

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution   _____ Program   __X__ Both

c.
Clarifying comments:

There is a separate process by which an out-of-state institution may seek approval for specific programs rather than seeking full degree-granting authorization; both processes are governed by 05-071 Maine State Board of Education Rule Chapter 149.

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

No

b.
If yes, please check all that apply as appropriate.

No response provided

Accreditation Required for:
____ Public, out-of-state degree granting institutions
____ Private, in-state, not-for-profit degree granting institutions
____ Private, out-of-state, not-for-profit degree granting institutions
____ Private, in-state, for-profit degree granting institutions
____ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
____ Religious institutions
____ Tribally-controlled institutions
____ Federal Institutions
____ Municipal institutions

c.
Clarifying comments:

No response provided

Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

Yes, see 20-A Maine Revised Statutes §10708

b.
If yes, for what types of institutions? Which types of programs?

Tribal institutions; noncredit programs; and religious, nonpublic, educational institutions operated by a religious organization whose offerings are designed to prepare students to assume leadership positions in, or enter into some other vocation closely related to, the particular religious faith of that organization.

d.
Clarifying comments:

Consideration for exemption must be initiated by correspondence indicating self-attestation to the restrictions of 20-A MRS §10708, addressed to the Maine Department of Education’s Director of Higher Education & Educator Support Services.

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

No

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

Yes

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

Yes

d.
Clarifying comments:

No response provided

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

The definition of physical presence in 05-071 Maine State Board of Education Rule Chapter 149 (1)(I): “Physical Presence: Designation applied to any institution offering degrees and academic credits from within Maine to recipients anywhere, and it applies to any person assisting with such an institution. It further applies to any institution offering degrees and academic credits from outside of Maine if there is any person assisting the institution in any way from within Maine. This includes a) maintaining an office or mailing address in the State or b) conducting any part of the instructional program or support activities from within the State. Specifically, this includes: advertising, solicitation of potential students, enrollment of students, providing student services, student mentoring, and instruction of students.”

b.
Web link for physical presence definition.
c.
Clarifying comments:

No response provided

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

They are listed on the website.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

Same process as above and same contact person.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Michael T. Perry
Title: Director, Office of Higher Education & Educator Support Services
Agency: Maine Department of Education
Address: 23 State House Station, Augusta, ME 04333-0023
Email: Michael.T.Perry@maine.gov
Phone:
URL:

e.
Clarifying comments:

No response provided

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

The only complaints we hear are procedural.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

Within the agency.

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

All SARA in-state and out-of-state postsecondary institutions are used.

d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Michael T. Perry
Title: Director, Office of Higher Education & Educator Support Services
Agency: Maine Department of Education
Address: 23 State House Station, Augusta, ME 04333-0023
Email: Michael.T.Perry@maine.gov
Phone:
URL:

e.
Web link for the complaint form.

A letter must be submitted with proper information.

f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

No

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

No response provided

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?

Yes

b.
If yes, for what types of institutions?

All institutions of higher education.

c.
Web link for tuition refund policy.

Requirements vary by type; institutions should refer to the authorization process for their particular type of institution.

d.
Clarifying comments:

No response provided

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

No

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

They are identified on our website

b.
How frequently do institutions report data?

Yearly

c.
Is this information published or shared publicly?

No

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?

No response provided

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

The application process is described in 05-071 Maine State Board of Education Rule Chapter 149: https://www.maine.gov/sos/cec/rules/05/071/071c149.doc

c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

No, but applying institutions may incur costs related to the ensuing State Board of Education review.

b.
If yes, what is the fee or fee schedule?

No response provided

c.
Web link for fee information.

No response provided

d.
Clarifying comments:

No response provided

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

The Department of Education’s Office of Higher Education & Educator Support Services keeps the records in cases where the institution is fully closing rather than being acquired.

b.
From what agency do students request their transcripts/records from a closed school?

Agency Name: Maine Department of Education
Contact Name: Michael T. Perry
Title: Director, Office of Higher Education & Educator Support Services
Address: 23 State House Station, Augusta, ME 04333-0023
Email: Michael.T.Perry@maine.gov
Phone:
URL:

c.
Clarifying comments:

No response provided

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

None.