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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XII EDUCATION
  • CHAPTER 69 POWERS AND DUTIES OF THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
  • Section 30 Approval of organization certificate or charter amendments; periodic inspections

Section 30. The state secretary, before approving a certificate of organization in connection with the proposed incorporation of a college, junior college, university or other educational institution with power to grant degrees, or articles of amendment to the charter of an existing educational institution which will give it such power, or changing its name to a name which will include the term “college”, “junior college”, or “university”, shall refer such certificate or articles to the board of higher education. Said council shall immediately make an investigation as to the applicants for incorporation of such an institution and as to the purposes thereof and any other material facts relative thereto. Said council may approve such certificate or articles for a junior college the name of which does not include the word “junior” provided the charter of such educational institution requires that such name when used on its official documents and publications be accompanied by a descriptive phrase which in the judgment of said council will effectively distinguish such institution from a senior college. In the case of a proposed amendment to the charter of an existing educational institution which will give it power to grant degrees, or change its name as aforesaid, said council shall make an investigation of the institution, its faculty, equipment, courses of study, financial organization, leadership, and other material facts relative thereto. In acting upon any such certificate or articles referred to it hereunder, said council shall give a public hearing, notice of which shall, at the expense of the applicants, be published once a week for three successive weeks in two newspapers, one of which is published in the county where the institution has or is to have its principal office or place of business, the last publication to be at least three days before the date set for the hearing. Said council after making its investigation hereunder and subject to the provisions of section thirty-one, shall make a determination approving or disapproving the certificate of organization or articles of amendment referred to it hereunder and shall forthwith report its findings to the state secretary. If said council disapproves a certificate of organization or articles of amendment referred to it under this section, it shall submit with its report a written statement setting forth in detail the reasons for its disapproval of such certificate or articles. If it appears from the report so submitted to him that said council does not approve of such certificate or articles, he shall refuse to endorse his approval thereon, otherwise he shall endorse his approval thereon unless he finds that the provisions of law relative to the organization of the corporation or the amendment to its charter have not been complied with. If such certificate or articles are not approved hereunder, the applicant or applicants may appeal to the superior court, which shall hear the case and determine whether or not the certificate or articles shall be approved. For the purpose of determining evidence of improvement and growth, the board of higher education, through its agents, shall make periodic inspections of every such educational institution within the twelve years next following its approval of the certificate of organization of such institution or its approval of the articles of amendment referred to it under this section.