Responses Last Confirmed:

Maine Department of Education

Agency Contact

Michael T. Perry
207.441.1718
Michael.T.Perry@maine.gov

Additional Contact

Secretary of State Contact

Shenna Bellows, Secretary of State
207-626-8400
sos.office@maine.gov
Topic

1: Important Agency Information to Note

b.
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

c.
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

d.
Clarifying comments:

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

a.
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

b.
Clarifying comments:

No response provided

Topic

3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

a.
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

b.
If yes, please check all that apply as appropriate.

No response provided

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

c.
Clarifying comments:

No response provided

Topic

4: Physical Presence Policy

a.
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.”

b.
Web link for physical presence definition.
c.
Does a clinical/internship trigger the requirement for authorization with your agency?

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

No response provided

d.
Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No response provided

e.
Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No response provided

f.
Does having an administrative site in your state trigger the requirement for authorization with your agency?

No response provided

g.
Does having a recruiter in your state trigger the requirement for authorization with your agency?

No response provided

h.
Clarifying comments:

No response provided

Topic

5: Application Process

a.
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

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

a.
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.

b.
If yes, what is the fee or fee schedule?

No response provided

c.
Web link for fee information.

No response provided

d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

a.
Does your agency require a Surety Bond for authorized out-of-state institutions?

No

b.
Web link for surety bonds.

No response provided

c.
Clarifying comments:

No response provided

Topic

8: Student Tuition Recovery Fund

a.
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

9: Tuition Refund Policy

a.
Does your agency have a Tuition Refund Policy Requirement?

Yes

b.
If yes, for what types of institutions?

All institutions of higher education.

c.
Web link for tuition refund policy.

Requirements vary by type; institutions should refer to the authorization process for their particular type of institution.

d.
Clarifying comments:

No response provided

Topic

10: Reporting

a.
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

b.
How frequently do institutions report data?

Yearly

c.
Is this information shared publicly?

No

e.
Clarifying comments:

No response provided

Topic

11: Enforcement

a.
What are possible consequences of institutional non-compliance?

No response provided

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

12: Student Complaints - Non-SARA Participating Institutions

a.
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.

b.
Web link for the non-SARA complaint form.

A letter must be submitted with proper information.

c.
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?

No response provided

d.
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.

e.
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: Michael.T.Perry@maine.gov
Phone:
URL:

f.
Clarifying comments:

No response provided

Topic

13: Records Retention

a.
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 keeps the records in cases where the institution is fully closing rather than being acquired.

b.
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: Michael T. Perry
Title: Director, Office of Higher Education & Educator Support Services
Address: 23 State House Station, Augusta, ME 04333-0023
Email: Michael.T.Perry@maine.gov
Phone:
URL:

c.
Clarifying comments:

No response provided

Topic

14: Additional Information

a.
Is there anything else about the state authorization process in your state that institutions and others ought to know about?

None.

b.
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.