Maine Revised Statutes Title 20-A Sec. 10708 – Exemptions
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This chapter does not apply to educational institutions which: [PL 1981, c. 693, §§5, 8 (NEW).]
1. Prior to September 18, 1981. Had been authorized by the Legislature or the state board to grant undergraduate or graduate degrees prior to September 18, 1981 and are offering additional or different degrees at the same level;
[PL 2009, c. 274, §12 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 10708
- Academic credit: means credit hours or some equivalent measure which may be awarded and which are applicable toward a degree. See Maine Revised Statutes Title 20-A Sec. 10701
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Educational institution: means any person, partnership, board, association, institution or corporation other than the University of Maine System, the Maine Community College System and the Maine Maritime Academy that offers academic, educational, literary or professional courses or programs. See Maine Revised Statutes Title 20-A Sec. 10701
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
2. Federal reservations. Offer programs or courses that are conducted solely on a federal reservation over which the Federal Government has exclusive jurisdiction. The commissioner shall authorize exempt status under this subsection;
[PL 2005, c. 85, §1 (AMD).]
3. Noncredit courses. Offer courses or programs that are not for academic credit; and
[PL 2005, c. 85, §1 (AMD).]
4. Religious, nonpublic, educational institution. Meet the following criteria.
A. The educational institution must be substantially owned, operated or supported by a bona fide church or religious organization. [PL 2005, c. 85, §2 (NEW).]
B. The educational programs of the educational institution must be primarily designed for, aimed at and attended by persons who seek to learn the particular religious faith or beliefs of the church or religious organization under paragraph A. [PL 2005, c. 85, §2 (NEW).]
C. The programs under paragraph B must be intended to prepare students to assume leadership positions in, or enter into some other vocation closely related to, the particular faith of the church or religious organization under paragraph A. [PL 2005, c. 85, §2 (NEW).]
The exemption under this subsection does not apply to any educational institution that represents to any student or prospective student that the major purpose of its program is to prepare the student for a vocation not closely related to the particular religious faith of the educational institution or to provide the student with a general educational program substantially equivalent to the educational programs offered by schools or departments or branches of schools that are not exempt from this section. Any educational institution receiving an exemption under this subsection must inform all applicants of its exempt status in writing and must prominently display the following statement on all written materials, including, but not limited to, any electronic materials, made available to potential applicants or to the general public: “Pursuant to the Maine Revised Statutes, Title 20?A, section 10708, subsection 4, this institution is not required to obtain authorization from either the State Board of Education or the Maine State Legislature in order to: (1) use the name “junior college,” “college” or “university,” (2) offer courses or programs for academic credit or (3) confer degrees.”
[PL 2005, c. 85, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 2005, c. 85, §§1,2 (AMD). PL 2009, c. 274, §12 (AMD).