Massachusetts Department of Higher Education

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
_____    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
_X___    Religious institutions
_____    Tribally-controlled institutions
_____    Federal Institutions
_X___   Municipal institutions

• 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

Independent and out-of-state institutions seeking to offer college courses without leading to a degree are subject to MBHE approval.

• 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

At this time, the Massachusetts Board of Higher Education’s (BHE) definition of physical presence does not include 100% distance education or experiential learning activities, such as internships, externships, clinical, or practice within the Commonwealth. However, if an institution also engages in the one of the following activities, BHE approval is required:

1. Occupying, regardless of ownership, an actual physical location for instructional purposes, whether synchronous or asynchronous instruction;
2.  Maintaining an administrative office to facilitate instruction in the Commonwealth, or for purposes of providing information to prospective students or the general public about the institution, or enrolling students or providing services to enrolled students;
3. Providing office space to instructional or non-instructional staff;
4. Establishing an institutional mailing address, street address or phone number in the Commonwealth.

However, Massachusetts’ requirements are in the process of changing:

• In October 2017, the BHE voted in favor of Massachusetts joining SARA, an interstate reciprocity agreement for state authorization. Now that Massachusetts has become a SARA state, if an institution is authorized to operate under SARA by the institution’s home state, any online programs that the institution offers will be governed by the terms of the SARA Operations and Policy Manual.
• Contemporaneously, the BHE is also reviewing and amending its degree-granting authority regulations, and it is likely that the revised regulations will impose certain requirements for authorization for non-SARA institutions offering purely distance education. The BHE currently anticipates that amended regulations may be in place in 2024. Once the revised regulations have been promulgated, if an institution is not authorized to operate under SARA, the institution will no longer be able to offer 100% online programs without obtaining BHE approval/authorization. 

Yes

Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:
_X__ Public, out-of-state degree granting institutions
____ Private, in-state, not-for-profit degree granting institutions
_X__ Private, out-of-state, not-for-profit degree granting institutions
____ Private, in-state, for-profit degree granting institutions
_X__ 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

Out-of-state institutions seeking approval in Massachusetts must be accredited by the New England Commission of Higher Education (NECHE), or a regional and/or a national accreditation agency recognized by the United States Department of Education.

New Massachusetts-based institutions seeking approval to grant degrees in Massachusetts are not required to be accredited or to seek accreditation, though most elect to do so after a few years of operation.

At this time, the Massachusetts Board of Higher Education’s (BHE) definition of physical presence does not include 100% distance education or experiential learning activities, such as internships, externships, clinical, or practical within the Commonwealth. However, if an institution also engages in the one of the following activities, BHE approval is required:

1. Occupying, regardless of ownership, an actual physical location for instructional purposes, whether synchronous or asynchronous instruction;
2. Maintaining an administrative office to facilitate instruction in the Commonwealth, or for purposes of providing information to prospective students or the general public about the institution, or enrolling students or providing services to enrolled students;
3. Providing office space to instructional or non-instructional staff;
4. Establishing an institutional mailing address, street address or phone number in the Commonwealth 

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Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

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Massachusetts’ requirements are in the process of changing:

• In October 2017, the BHE voted in favor of Massachusetts joining SARA, an interstate reciprocity agreement for state authorization. Now that Massachusetts has become a SARA state, if an institution is authorized to operate under SARA by the institution’s home state, any online programs that the institution offers will be governed by the terms of the SARA Operations and Policy Manual.
• Contemporaneously, the BHE is also reviewing and amending its degree-granting authority regulations, and it is likely that the revised regulations will impose certain requirements for authorization for non-SARA institutions offering purely distance education. The BHE currently anticipates that amended regulations may be in place in 2024. Once the revised regulations have been promulgated, if an institution is not authorized to operate under SARA, the institution will no longer be able to offer 100% online programs without obtaining BHE approval/authorization. 

Independent and Out-of-State institutions must submit an application to the Board of Higher Education. In addition, the Articles of Amendment/Organization or Foreign Corporation Certificate must also be filed be with the Secretary of the Commonwealth, which are then referred to the Board of Higher Education for investigation of the institution, its faculty, equipment, courses of study, financial organization, leadership, and other relevant facts.

As indicated in 610 CMR 2.07(2), the process requires a review of the application and an evaluation by outside experts who are formed into a visiting committee, a public notice and comment period, and a vote by the Board of Higher Education.

 https://www.mass.edu/foradmin/academic/independentprogramapproval.asp

Prior to submitting an application, an institution is strongly encouraged to consult with DHE staff.

An institution shall pay the following fees:

• For the initial licensure of a Massachusetts-based or Out-of-state institution: $10,000 plus $2,000 for each degree requested at the same time if more than one.
• Annual fee each year for the first five years following initial licensure for institutions new to Massachusetts: $4,000
• For each additional degree at Massachusetts licensed institutions: $4,500 plus $2,000 for each additional degree requested at the same time if more than one.
• Periodic inspection or review (if a separate review from Board’s participation in NECHE review is required): $4,000.
• Other requests requiring public hearings (e.g., award honorary degree(s), change the name of an institution, or retitle an existing, authorized degree): $500.
• Institutional closure: $500.
• At this time, Notice of Intent reviews are conducted without cost to eligible institutions.

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https://www.mass.edu/610CMR  610 CMR 2.06(1)(b)

There are additional costs associated with the site visit related to travel and other accommodations for the reviewers and DHE staff.

No

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No

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Yes. Per 610 CMR 2.07(3)(e)(4), independent and out-of-state institutions authorized by the Board of Higher Education after its establishment in 1943 are required to make public their policies regarding refunds of moneys, which shall be fair and equitable.

All independent and out-of-state institutions authorized by the Board of Higher Education.

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The Department of Higher Education does not require the submission of any information or data from out-of-state institutions at this time unless they have established a physical presence in Massachusetts, in which case they are subject to the requirements in the Board’s statutes and regulations, including periodic review and investigation as needed and annual reporting requirements for proprietary institutions. All institutions located in Massachusetts are subject to the requirements of the Commonwealth’s anti-hazing law; the Financial Assessment and Risk Monitoring (FARM) statute and regulations (see www.mass.edu/farm); and the 2021 Campus Sexual Assault Law and LEA MOU regulations (see www.mass.edu/campussafety). 

Institutions are required to submit annual reports for Hazing, FARM, and Campus Safety. Additionally, proprietary institutions are required to submit annual reports.

With some exceptions, including all information received or created in connection with the FARM initiative, all documents made or received by the DHE are public records and subject to disclosure upon request.

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An investigation of an institution will be carried out when facts are brought to the attention of the Board suggesting a reasonable probability of non-compliance with 610 CMR 2.00; or suggesting a reasonable probability that a degree or degrees are being or will be awarded within the Commonwealth without proper authority; or that a course or courses available to residents of the Commonwealth leading to the award of a degree or degrees are being or will be conducted within the Commonwealth without proper authority. When an investigation is undertaken to inquire into probable noncompliance with standards, the Board will require the institution to provide specific information pertinent to the specific concern. The Board may require the institution to provide some or all of the information described in 610 CMR 2.07 and/or 610 CMR 2.08, if applicable.

In accordance with the provisions of M.G.L. c. 69, § 30A, if the Board has reason to believe that an institution does not comply with its regulations it shall conduct a preliminary inquiry of the matter. If this inquiry indicates a reason to believe that the institution does not comply with 610 CMR 2.00, the Commissioner of Higher Education may, if appropriate, review the alleged violations with the institution and approve a corrective course of action by the institution. Where the Commissioner does not determine it to be appropriate to review the alleged violations with the institution, or if the preliminary inquiry does not result in a satisfactory resolution of the concern, the Board may conduct an adjudicatory hearing pursuant to M.G.L. c. 69, § 30A to determine whether to revoke or suspend the institution's degree-granting authority. The Board may revoke or suspend the institution's degree-granting at the expiration of the time to file an appeal pursuant to M.G.L. c. 30A (30 days) if the institution elects not to file an appeal, or upon a final decision of an appeal by the court. The Board shall notify the Secretary of State and the institution of any revocation or suspension.

http://www.mass.edu/610cmr (610 CMR 2.10)

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The following information regarding the Massachusetts Department of Higher Education’s Complaint Policy and Process is excerpted from https://www.mass.edu/forstufam/complaints/complaints.asp:

The Board of Higher Education attempts to provide an avenue for the informal resolution of complaints and concerns regarding institutions of higher education. The BHE’s complaint policy can be found at https://www.mass.edu/forstufam/documents/Final DHE Complaint Policy.pdf.

Process

To initiate a complaint about a college or university operating in Massachusetts, a complaint form must be completed.

After a complaint is submitted to the Board of Higher Education, the complaint is referred to the institution it concerns for explanation, response, and resolution, if possible. The institution generally has 30 days from its receipt of the complaint from the Board to provide a response to the complainant and the Board. If the forthcoming clarification and response concerning a Massachusetts institution do not satisfy the Board, the matter shall be referred to the Consumer Protection Division and/or the Public Charities Division of the Attorney General's Office. If the institution is outside of Massachusetts, DHE will attempt to coordinate with similar authorities where the complainant resides.

An institution’s own Board of Trustees has the authority and responsibility to establish and enforce policies necessary for the management of the institution. The Board of Higher Education cannot require any institution to take any specific action in a matter and cannot provide complainants with legal advice.

https://www.mass.edu/forstufam/complaints/complaintform.asp

Per the Department of Higher Education’s management of the complaint process for out of state institutions operating in Massachusetts required by Title IV of the Higher Education Act (34 CFR § 600.9(a)(1)).

This process is managed internally within the Department of Higher Education; unless the nature of a complaint rises to the level of needing intervention from the Attorney General’s Office or a referral to another state, local, or federal agency. The Department does not oversee occupational/career (i.e., non-degree-granting) institutions. Any complaints against one of those institutions would be handled according to the procedures established by the Massachusetts Division of Occupational Licensure’s Office of Private Occupational School Education. The Department also does not oversee institutions that were chartered prior to the creation of the Board of Higher Education in 1943 (with a few limited exceptions, where “pre-1943” institutions have made amendments to their articles of organization that brought them under Board purview). Complaints against these institutions should be made directly to the Massachusetts Attorney General’s Office and in accordance with that office’s procedures.

• Contact Name: Tiamekia Cezaire
• Title: Paralegal & Regulatory Affairs Specialist
• Agency: Massachusetts Department of Higher Education
• Address: One Ashburton Place, Room 1401, Boston, MA 02108
• Email: tcezaire@dhe.mass.edu
• Phone: (617) 994-6963
• URL:

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Massachusetts law requires closing institutions to notify the Board of Higher Education of its intention to close as far as possible and well in advance by contacting the Department of Higher Education. The closing institution is required to provide to the Department specific information regarding how and where student records will be maintained, including the name, address, and contact information of the successor records custodian.

The majority of closed school transcripts and records are placed with another institution of higher education which has a registrar function that can service transcript requests. The Department of Higher Education maintains information about the location of transcripts for closed institutions. For information regarding transcripts from a closed degree-granting college or university, students should contact the appropriate entity listed as the record holder for the closed institution.

Contact web site: https://www.mass.edu/forstufam/diplomas/closedinst.asp

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The DHE strongly recommends that institutions contact DHE staff for further information, guidance and clarification if they have any questions or are unsure about the process.

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Please note: There could be additional state agencies with oversight of activities of your institution.