Budget Amendment ID: FY2018-S3-184

EDU 184

State Reciprocity Agreements

Messrs. Moore, deMacedo, Pacheco and Brownsberger, Ms. Flanagan, Ms. O'Connor Ives and Mr. Tarr moved that the proposed new text be amended in section 2, by inserting after section ____ the following 2 sections:-

"SECTION ___. 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 specific law to the contrary, the board of higher education shall have the authority to enter into interstate reciprocity agreements that authorize any accredited, degree-granting institution of higher education located in Massachusetts to voluntarily participate in such reciprocity agreements and to provide distance education programs to students in other states in accordance with the provisions of such agreements. 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. Nothing in this section shall be construed to prohibit accredited, degree-granting institutions of higher education located in Massachusetts that have been authorized to grant degrees by the board of higher education but do not participate in any such interstate reciprocity agreement from offering postsecondary distance education programs in other states if duly authorized to do so by such other states.  Provided further, and for purposes of online distance education programs only, that an accredited, degree-granting institution of higher education chartered, incorporated, or organized in another state that is a party to the interstate reciprocity agreement entered into by the board shall be deemed to have been authorized by the board of higher education to conduct within the commonwealth courses leading to the award of a degree consistent with Section 31A of Chapter 69 as long as said institution of higher education is approved to participate in and meets all of the requirements of said interstate reciprocity agreement. Provided further, that nothing in this section shall be construed to affect the authority of the Attorney General to enforce statutes or promulgate and enforce regulations 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.  Before the board of higher education enters into any interstate reciprocity agreement, the Department of Higher Education and the Attorney General shall execute any memoranda of understanding deemed necessary to coordinate the enforcement of relevant requirements, statutes, and regulations, including those related to consumer fraud and unfair or deceptive business practices."

SECTION ___. Section 31A of Chapter 69 of the General Laws, as appearing in the 2014 Official Edition, is hereby stricken and replaced with the following:

No educational institution chartered, located, offering courses, or otherwise doing business within the commonwealth, shall award degrees within the commonwealth unless authorized or approved 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 such educational institution has received the authorization of the commonwealth for such courses; provided further that said authorization may be granted by the board of higher education through the board of higher education’s participation in interstate reciprocity agreements as provided for in Section 9 of Chapter 15A.  The board of higher education shall be responsible for the implementation of the provisions of this section."