Current through Register 1536, December 6, 2024
Section 12.01 - Scope and Purpose(1)610 CMR 12.00 governs the entry of the Commonwealth into the State Authorization Reciprocity Agreement (SARA), a higher education interstate reciprocity agreement that permits institutions of higher education in Massachusetts to offer distance education programs in other participating states without needing to obtain degree-granting authorization separately from each state and that, in return, permits duly authorized institutions of higher education in other participating states to offer distance education programs to Massachusetts students without needing to obtain degree-granting authority from the Commonwealth pursuant to 610 CMR 2.00: Degree-granting Regulations for Independent Institutions of Higher Education and consistent with 34 CFR Part 600. 610 CMR 12.00 establishes minimum standards for Massachusetts institutions that voluntarily apply to join SARA and sets forth the requirements for initial institutional applications, renewals, removals, and consumer complaints.(2)610 CMR 12.00 does not affect the existing obligations of in-state institutions to seek and obtain institutional and programmatic reviews and approvals for degree-granting programs from the Board for all programs, including distance and online programs, as set forth in 610 CMR 2.00: Degree-granting Regulations for Independent Institutions of Higher Education.610 CMR 12.00 does not affect the existing jurisdictional exemptions from 610 CMR 2.00 for in-state institutions chartered prior to 1943 that are authorized by the legislature or state constitution to offer degree programs and confer post-secondary degrees in Massachusetts; except that such institutions which seek to offer distance education programs under SARA shall be subject to 610 CMR 12.00 for the purpose of SARA participation. It also does not apply to:(a) out-of-state institutions that are not members of SARA which seek to offer distance education to Massachusetts residents; and(b) out-of-state institutions that are not members of SARA which establish a physical presence in Massachusetts pursuant to the Department's physical presence policy and/or regulations.Adopted by Mass Register Issue 1361, eff. 3/23/2018.Amended by Mass Register Issue 1422, eff. 7/24/2020.