Amendment #418 to H4200

Distance Education Reciprocity Agreement

Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough, Gifford of Wareham, Frost of Auburn and Smola of Warren moves to amend the bill by adding the following new section:-

“SECTION X. Section 9 of chapter 15A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following new paragraph:-

Notwithstanding the provisions of any general or special law to the contrary, the board of higher education shall have the authority to enter into an interstate reciprocity agreement known as the national State Authorization Reciprocity Agreement (SARA) that authorizes any accredited, degree-granting institution of higher education located in Massachusetts to voluntarily participate in SARA and to provide distance education programs to students in other states in accordance with the terms of SARA. The authority granted by this paragraph applies only to distance learning programs and does not affect other approvals of institutions of higher education or programs required under Massachusetts law, nor does it affect any exemptions for institutions of higher education or programs. The board is further authorized to establish and implement procedures to address complaints received from out-of-state students in connection with or related to any distance education program offered through SARA by any Massachusetts-based institution of higher education. Nothing in this section shall be construed to prohibit accredited, degree-granting institutions of higher education located in Massachusetts that do not participate in any interstate reciprocity agreement entered into by the board of higher education from offering postsecondary distance education programs. Provided further, that nothing in this section shall be construed to affect the authority of the attorney general to enforce laws prohibiting consumer fraud and unfair or deceptive business practices, including, but not limited to chapter 93A, and to enforce the federal Consumer Financial Protection Act of 2010, as authorized by 12 U.S.C. 5552.”.

Additional co-sponsor(s) added to Amendment #418 to H4200

Distance Education Reciprocity Agreement