Chapter 188

2004 -- S 2764 SUBSTITUTE A

Enacted 06/25/04

A N A C T

RELATING TO EDUCATION -- PRIVATE SCHOOLS

Introduced By: Senator J. Michael Lenihan

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-40-1 and 16-40-2 of the General Laws in Chapter 16-40

entitled "Private Schools" are hereby amended to read as follows:

16-40-1. Approval of secondary and higher schools by board -- Certification to

secretary of state. -- (a) No academy, college, university, or other institution of secondary or

higher education shall be incorporated or established in this state or be permitted to transact

business within this state unless and until: (1) it is accredited by the New England Association of

Schools and Colleges (NEASC); and (2) suitable provision, approved by the board of regents for

elementary and secondary education or the board of governors for higher education, shall be

made that the academy, college, university, or institution is in compliance with the provisions of

this chapter and with the regulations and standards for approval adopted by the appropriate one of

those boards to implement this chapter.; and (2) for institutions offering an associates degree or

higher, the institution has initiated discussions with the New England Association of Schools and

Colleges (NEASC) regarding potential accreditation.

      (b) The secretary of state, upon the receipt by him or her under the provisions of the

general laws of articles of association purporting to establish an educational institution, shall

transmit the articles of association to the appropriate board and shall not issue the certificate of

incorporation provided by the general laws unless and until the commissioner of elementary and

secondary education or the commissioner of higher education shall file with the secretary of state

a certificate over his or her signature that the appropriate board has approved the application for

incorporation as complying with the requirements of this section.

16-40-2. Authority to grant degrees not presumed. -- Authority to grant academic,

collegiate, professional, or other degrees recognizing learning, scholarship, or achievement shall

not be included in or presumed to be part of the functions of a corporation or of an institution of

education, unless its charter or the articles of association shall specifically indicate that the

institution is nonprofit and specifically indicate the power to grant degrees and the nature of the

degrees to be granted; and no corporation or association shall grant academic, collegiate,

professional, or similar degrees without specific authorization; and for institutions offering an

associates degree or higher, has received full New England Association of Schools and Colleges

(NEASC) accreditation within five (5) years of its incorporation or establishment within this state

or five (5) years of being permitted to transact business within this state.

     SECTION 2. This act shall take effect upon passage.

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LC02570/SUB A/2

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