Agency Contact
Michael T. Perry
-
highered.doe@maine.gov
Secretary of State Contact
Shenna Bellows, Secretary of State
207-626-8400
sos.office@maine.gov
Topic 1: Important Agency Information to Note
Provide important web links:
- Home Page web link https://www.maine.gov/doe/learning/highered/online and
https://www.maine.gov/doe/learning/highered/degrees
and https://www.maine.gov/doe/learning/highered/degrees/authorization
and https://www.maine.gov/doe/learning/highered/forprofit - Statutes and Regulations Page web link https://www.maine.gov/sos/cec/rules/05/chaps05.htm
- Authorization Information Page web link https://www.maine.gov/doe/learning/highered/online and
https://www.maine.gov/doe/learning/highered/degrees
and https://www.maine.gov/doe/learning/highered/degrees/authorization
and https://www.maine.gov/doe/learning/highered/forprofit - Application Information Page web link https://www.maine.gov/doe/learning/highered/online and
https://www.maine.gov/doe/learning/highered/degrees
and https://www.maine.gov/doe/learning/highered/degrees/authorization
and https://www.maine.gov/doe/learning/highered/forprofit - Renewal Information Page web link no link provided
What types of institutions are subject to this agency’s authority? Indicate the types of institutions that your agency authorizes.
- Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law. If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
- Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).
__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
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?
- For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.
____ Institution
_____ Program
_X__ Both
Clarifying comments:
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. Please note that initial authorization for a degree-granting institution also requires the passage of a legislative document by the Maine State Legislature in specific cases spelled out in Rule Chapter 409.
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 2: Authorization of Distance Education
Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?
- Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
- Meaning as example, a solely online program that does not have any internships and practicums
No
Clarifying comments
No response provided
Topic 3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education
Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?
No
If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education 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
Clarifying comments:
No response provided
Topic 4: Physical Presence Policy
If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.
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.”
Web link for physical presence definition.
Does a clinical/internship trigger the requirement for authorization with your agency?
No response provided
Does a virtual clinical / internship trigger the requirement for authorization with your agency?
No response provided
Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?
No response provided
Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?
No response provided
Does having an administrative site in your state trigger the requirement for authorization with your agency?
No response provided
Does having a recruiter in your state trigger the requirement for authorization with your agency?
No response provided
Clarifying comments:
No response provided
Topic 5: Application Process
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
Web link for application.
Clarifying comments:
No response provided
Topic 6: Fees Associated with Authorization
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.
If yes, what is the fee or fee schedule?
No response provided
Web link for fee information.
No response provided
Clarifying comments:
No response provided
Topic 7: Surety Bonds
Does your agency require a Surety Bond for authorized out-of-state institutions?
No
Web link for surety bonds.
No response provided
Clarifying comments:
No response provided
Topic 8: Student Tuition Recovery Fund
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?
No
If yes, for what types of institutions?
No response provided
Web link for student tuition recovery fund.
No response provided
Clarifying comments:
No response provided
Topic 9: Tuition Refund Policy
Does your agency have a Tuition Refund Policy Requirement?
Yes
If yes, for what types of institutions?
All institutions of higher education.
Web link for tuition refund policy.
Requirements vary by type; institutions should refer to the authorization process for their particular type of institution.
Clarifying comments:
No response provided
Topic 10: Reporting
What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?
They are identified on our website
How frequently do institutions report data?
Yearly
Is this information shared publicly?
No, but would potentially be subject to public inquiries under Maine’s Freedom of Access Act (FOAA).
Web link for reporting.
Clarifying comments:
No response provided
Topic 11: Enforcement
What are possible consequences of institutional non-compliance?
No response provided
Web link for enforcement information.
No response provided
Clarifying comments:
No response provided
Topic 12: Student Complaints - Non-SARA Participating Institutions
Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))
The only complaints we hear are procedural.
Web link for the non-SARA complaint form.
A letter must be submitted to highered.doe@maine.gov, including a timeline of events, supporting documentation, and evidence that the institutional complaint process has been exhausted.
How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?
Referral to the SEA governing the out-of-state institution
Is the non-SARA 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.
Who is the contact person or entity for your state for receiving non-SARA student 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: highered.doe@maine.gov
Phone:
URL:
Clarifying comments:
No response provided
Topic 13: Records Retention
When a higher education institution 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 retains student records in cases where the institution is fully closing rather than being acquired.
From what agency or entity do students request their transcripts/records from a closed higher education institution?
Agency Name: Maine Department of Education
Contact Name: Brenda Vique
Title: Office Manager, Office of Higher Education & Educator Support Services
Address: 23 State House Station, Augusta, ME 04333-0023
Email: highered.doe@maine.gov
Phone:
URL:
Clarifying comments:
No response provided
Topic 14: Additional Information
Is there anything else about the state authorization process in your state that institutions and others ought to know about?
None.
What is your preferred method of communication?
No response provided
Please note: There could be additional state agencies with oversight of activities of your institution.

