§ 176a. Postsecondary schools not chartered in Vermont

(a) Applicability. Except as provided in subsection (e) of this section, a postsecondary school that operates primarily outside the State of Vermont, offers or operates a program of college or professional education for credit or a degree, and wishes to operate in Vermont is subject to this section and to subsections 176(g) through (l) of this title.

(b) [Repealed.]

(c) Requirements. A postsecondary school subject to this section shall:

(1) register its name with the Secretary of State pursuant to Title 11, 11A, or 11B;

(2) secure accreditation by any regional, national, or programmatic institutional accrediting agency recognized by the U.S. Department of Education;

(3) apply for and receive a certificate of approval or a certificate of degree-granting authority, or both pursuant to subsection 176(e) of this title prior to offering postsecondary credit-bearing courses or programs, admitting the first student, or conferring or offering to confer a degree to a student enrolled in its Vermont school;

(4) meet any requirements for approval in its state of primary operation for the specific degree or credit-bearing course or program that it intends to offer in Vermont;

(5) register with the Agency pursuant to State Board rule; and

(6) provide written notification to each applicant for admission or enrollment, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable at the discretion of the receiving school.

(d) Renewal. After receiving initial approval, a postsecondary school subject to this section shall register annually with the State Board of Education by providing evidence of accreditation and approval by the state in which it primarily operates and any other documentation the Board requires. The State Board may refuse or revoke registration at any time for good cause.

(e) Exemptions. The following are exempt from the provisions of this section:

(1) Nondegree-granting and noncredit-granting programs of education sponsored by a trade, labor, business, or professional organization that are conducted solely for that organization’s membership or for members of the particular industries or professions served by that organization.

(2) Postsecondary schools currently licensed or approved by a Vermont occupational licensing board.

(3) Nondegree-granting or noncredit-granting postsecondary schools that offer only training in specific trades or vocations.

(4) Religious instruction that does not result in earning credits or a degree.

(5) Programs of education offered solely via correspondence, the Internet, or electronic media, provided that the postsecondary school has no physical presence in Vermont. Evidence of a “physical presence” includes the existence of administrative offices, seminars conducted by a person who is physically present at the seminar location, the provision of direct services to students, and required physical gatherings.

(6) Programs of education offered solely via the Internet or electronic media, provided that the program’s home state has entered into an interstate reciprocity agreement with Vermont and the program:

(A) is a member in good standing of the agreement within the home state; and

(B) has no “physical presence” in Vermont as that term is defined in the agreement. (Added 1989, No. 263 (Adj. Sess.), § 2, eff. June 20, 1990; amended 2001, No. 19, § 2; 2003, No. 107 (Adj. Sess.), § 2; 2011, No. 58, § 20, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 24, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.5.)