Maine: A Step By Step Guide To Obtain State Approval For A Private Post Secondary Institution

Licensing Agency

Maine Department of Education – Office of Higher Education & Educator Support Services
(Coordinates state authorization of post-secondary institutions, under oversight of the Maine State Board of Education)

Degree-Granting Institutions

Process

Maine law requires any post-secondary institution wishing to confer academic degrees (Associate and above) in Maine to undergo a thorough authorization process, culminating in an act of the Legislature. The steps for in-state degree-granting approval are as follows:

• Determine Exemption Status – First, verify whether the institution might be exempt from state degree authorization under Maine law (e.g. purely religious colleges – see State Exemptions below). Most new degree-granting institutions will not qualify for exemption and must proceed with full authorization.
  
  
• Letter of Intent – At least 6 months before the Maine Legislature’s next session, the institution’s officials must notify the Maine Commissioner of Education in writing of their intent to seek authorization to confer degrees. This initiates the review process in time for legislative consideration.
  
  
• State Guidance – The Commissioner will provide the applicants with the required procedures, standards, and materials to guide the authorization process. This includes the rules and evaluation criteria adopted by the State Board of Education that the school must meet.
  
  
• Submit Institutional Report – The core of Maine’s approval process is a comprehensive institutional report prepared by the applicant school. This in-depth report must cover all aspects of the proposed institution, including:
  • Mission and Objectives – the purpose and educational goals of the institution.
  • Organization and Governance – ownership, governing board, administrative structure.
  • Academic Programs – description of degree programs, curricula, and courses to be offered.
  • Degree Requirements – credit hours and standards for each degree to be conferred.
  • Admissions Policies – criteria for student admission into programs.
  • Faculty – qualifications of instructors, faculty hiring criteria, and academic credentials.
  • Student Services – plans for advising, career services, and other student support.
  • Library and Learning Resources – availability of library collections, online resources, laboratories, or other academic resources.
  • Physical Facilities – campus locations, buildings, classrooms, technology and equipment to be used.
  • Financial Resources – evidence of financial stability and funding to operate the institution.
  (Any additional areas relevant to the institution’s operations should be addressed to give a clear picture of the school). Along with this narrative report, the school will compile supporting documents (such as draft catalogs, course descriptions, faculty résumés, facility plans, and budget/financial statements) to substantiate each area.
  
  
• Formation of Review Committee – Once the application materials and institutional report are received, the Commissioner convenes a Review Committee to evaluate the proposal. By rule, this committee consists of at least five members drawn from Maine’s higher education community (including at least one member of the Maine Higher Education Council, who serves as Chair). The Review Committee examines the submitted report in detail, and will conduct on-site visits to any proposed Maine campus facilities as needed. All expenses of the review process (e.g. travel for site visits, evaluation costs) are borne by the applicant institution.
  
  
• Evaluation & Report – The Review Committee assesses whether the proposed college meets Maine’s standards (see DOE Rule Ch. 170) in areas such as curriculum rigor, faculty qualifications, governance, financial sustainability, etc. It then prepares a formal report of findings and includes a recommendation on whether degree-granting authority should be approved. Before finalizing the report, the committee provides a draft to the applicant for review, giving the institution an opportunity to correct any factual errors.
  
  
• State Board Review – The Commissioner transmits the committee’s final evaluation report to the Maine State Board of Education for action. The State Board will typically receive the report in a December meeting and vote on a formal recommendation at its next scheduled meeting. The Board considers the committee’s findings and the school’s overall readiness to operate. If the Board is not satisfied, it may decline to recommend the authorization (effectively halting the process). If the Board votes to recommend approval, the process moves to the legislative stage.
  
  
• Legislative Authorization – Final approval to confer degrees in Maine must be granted by the Maine Legislature. Upon a positive State Board recommendation, the institution’s officials are responsible for securing a legislative bill sponsor and arranging to have a bill drafted to authorize the institution’s degree-granting authority. The State Board forwards its recommendation to the Legislature’s Joint Standing Committee on Education as part of this process. The proposed legislation will be taken up in the upcoming session; upon enactment (and Governor’s signature), the school is legally authorized to confer the specific degrees outlined in the law. Until the Legislature acts, an institution may not award degrees in Maine. (Note: The State Board may grant a temporary certificate for the school to use the term “college” or “university” in its name during this interim period.)
  
  
• Certificate of Temporary Approval – While awaiting legislative action, a new institution may request a temporary approval from the State Board to use the titles “College” or “University” in its name. This certificate of temporary approval allows the institution to hold itself out as a college for a limited time (generally until the end of the academic year) while the legislature’s decision is pending. The State Board can renew a temporary approval, but not beyond a total of 2 years. This provision ensures a startup institution can function in the short term without violating Maine’s prohibition on unapproved entities using college/university titles.
  
  
• Post-Authorization Compliance – Once legislative authorization is obtained, the institution must operate in compliance with all Maine requirements and the representations made in its application. There is no routine license renewal for a legislatively-authorized degree-granting institution; the authority to confer degrees is ongoing. However, any major institutional changes must be reported to the State Board. In particular, if the college later seeks to offer additional degree programs or degree levels beyond what was originally authorized, it must apply for separate approval from the State Board of Education for those new degrees. Maine law also stipulates that an institution’s degree authority can be terminated by the State Board if certain events occur, such as discontinuance of instruction or loss of accreditation, or if the institution ceases to operate in compliance with standards. Additionally, unauthorized degree operations (offering credit-bearing courses or degrees in Maine without approval) can incur civil penalties up to $5,000 per offense.
  
  
• Out-of-State Institutions – An institution chartered in another state that wants to offer courses or degree programs within Maine (e.g. open a branch campus or hold classes in Maine) must obtain approval from the State Board of Education but does not need a legislative act. The out-of-state approval process is parallel to the above: the school submits an application to the Commissioner, a review committee is convened, and the State Board grants a four-year authorization to operate in Maine if standards are met. (Such approval may be granted for a shorter term if deemed appropriate.) After four years, the out-of-state institution must apply for renewal of its authorization to continue operating. Any substantive program changes or new offerings in Maine by the out-of-state institution require advance approval as well. Out-of-state institutions are not required to go through the Maine Legislature for degree authority as long as they remain authorized in their home state; Maine’s approval covers the operation within Maine’s borders.
  
  
• Online Institutions – If an institution is offering distance education to Maine students with no physical presence in Maine, it generally falls under Maine’s physical presence exemption and may not need separate Maine authorization. Maine defines “physical presence” as having personnel or operations in the state (such as a local office, in-state advertising or recruitment activities, or instructional sites). Schools entirely outside Maine that only enroll Maine residents online (and have no in-state agents or offices) are exempt from direct authorization, as reflected by Maine’s list of exempt institutions lacking physical presence. Maine participates in the State Authorization Reciprocity Agreement (SARA), so out-of-state SARA member colleges can deliver online programs to Maine residents under the SARA framework without additional state licensing. Nonetheless, any online provider uncertain about their status is advised to contact the Maine DOE’s higher education office for confirmation of authorization or exemption requirements.
  
  

Checklist of Required Items

• Formal Intent Application – Written notification to the Commissioner outlining intent and proposed degrees (submitted 6+ months before the legislative session).
• Comprehensive Institutional Report – Detailed business and academic plan covering governance, mission, programs, curriculum, degree requirements, admissions, faculty, student services, resources, facilities, and finances.
• Supporting Documentation – Governing documents, catalogs, course descriptions, faculty résumés, facility plans, financial statements.
• Accreditation Status or Plan – Proof of current accreditation or plan to seek accreditation.
• Evaluation and Review Fees – Agreement to cover all costs of the state’s review (site visit expenses, evaluator honoraria, etc.).
• Bill Drafting and Sponsorship – Arrange legislative sponsorship for degree-authorizing bill following State Board recommendation.
  
  

Fees & Timelines

• Timeline: Approximately 12 months or more from intent to final legislative approval; involves DOE review, State Board recommendation, and legislative enactment.
  
  
• Fees: No standard application fee, but the institution must pay all evaluation costs (site visit, expert reviewers). No annual state fee once authorized; out-of-state institutions have a four-year approval term requiring renewal.
  
  

Agency Contact

Maine Department of Education – Office of Higher Education & Educator Support Services
Director: Michael T. Perry – Phone: (207) 441-1718 – Email: highered.doe@maine.gov
Mailing Address: 23 State House Station, Augusta, ME 04333-0023

Vocational and Career Schools

Process

Private non-degree schools must secure a Proprietary School License from the Maine DOE before operating. Key steps:

1. Check Exemption – See if your program is exempt (regulated by another agency, nonprofit, member-only trade association, or already a degree-granting institution).
   
   
2. Obtain Application – Request the proprietary-school application from DOE.
   
   
3. Prepare Documentation – Ownership disclosures, catalog, course syllabi, instructor qualifications, facility details, financials, surety bond, enrollment agreement, advertising samples.
   
   
4. Surety Bond & Fee – Submit a $20,000 bond (or 10 % of prior-year tuition for renewals) and a $100 fee.
   
   
5. DOE Review – Staff review paperwork for compliance with Rule Ch.147; corrections may be requested.
   
   
6. License Issuance – If approved, receive a certificate valid through December 31 of the current year.
   
   
7. Annual Renewal – By December 27, file renewal application, $100 fee, and updated bond proof.
   
   
8. Maintain Compliance – Adhere to refund policies, truthful advertising, instructor qualifications, and record-keeping; notify DOE of changes.
   
   

Checklist of Required Items

• Completed proprietary-school application form
• $100 license fee (check to Treasurer, State of Maine)
• Surety bond ($20,000 initial; renewals = 10 % of prior-year tuition or $20,000, whichever is greater)
• Safety and health inspection certificates for facilities
• Financial statements or start-up budget
• Accreditation documentation (if any)
• Academic calendar
• Curriculum outlines for all programs
• Student record forms and enrollment agreement samples
• Admissions policies and advertising materials
• Graduation, attendance, and progress policies
• Instructor list with qualifications
• Itemized tuition and fee schedule

Fees & Timelines

• Initial/Renewal Fee: $100 per year.
• Surety Bond: $20,000 (initial) or 10 % of prior-year tuition.
• Processing Time: Typically a few weeks; licenses expire December 31 each year; renewals due December 27.
• Late Submission: Risk of operating without a license beginning January 1 if renewal is delayed.

Agency Contact

Maine Department of Education – Office of Higher Education & Educator Support Services
Phone: (207) 441-1718 – Email: highered.doe@maine.gov
Mailing Address: 23 State House Station, Augusta, ME 04333-0023

State Exemptions

Degree-Authorization Exemptions

1. “Grandfathered” Degree Institutions (Pre-1981 Authority)
Private colleges that were already authorized by the Legislature or State Board to grant degrees before September 18 1981 may add new programs at the same academic level without repeating the full legislative approval process.
• The added degree must be in the same tier (e.g., bachelor’s-level if the school already awards bachelor’s).
• The institution files a short form with the State Board detailing the new program, projected enrollment, learning resources, and budget impact.
• If the Board confirms the program fits within the legacy authority and that standards are met, it issues a Program Addition Acknowledgment; no bill is needed.
• Any proposal to move up in degree level (e.g., bachelor’s to master’s) does trigger the full legislative process.

2. Federal Reservation Programs
Education conducted entirely on property under exclusive federal jurisdiction (such as an active-duty military installation in Maine) is exempt.
• Submit a letter identifying the reservation, commanding officer, and a copy of the federal property jurisdiction statement.
• The Commissioner issues a Certification of Federal Reservation Exemption for your files.
• If any portion of instruction shifts into non-federal territory, full state authorization is required.

3. Non-Credit Offerings
Organizations that only teach seminars, workshops, or courses that carry zero academic credit are outside Chapter 409.
• The moment a course awards even one transferable credit hour, the exemption vanishes and authorization is required.
• Advertise these offerings clearly as noncredit.
• If certificates of completion are issued, they must not be labeled “diploma,” “associate,” “bachelor,” etc.

4. Religious Degree Institutions
A nonprofit college owned, controlled, and operated by a bona fide church or religious denomination may operate without state degree authorization if:
• Programs are primarily religious, aimed at ministry or internal church vocations.
• Degree titles reflect the religious nature (e.g., Bachelor of Biblical Studies, Master of Divinity).
• No representation is made that degrees are equivalent to secular, state-authorized degrees for professional licensure or employment.
• The school provides every applicant written disclosure in at least 12-point type:
“[Institution] is a religious institution exempt from state authorization under Title 20-A §10708(4). Credits and degrees may not transfer to or be accepted by non-religious institutions.”
• A copy of that disclosure plus organizing documents and a statement of faith should be filed with the Commissioner annually to maintain exempt status.
• Offering secular programs (business, counseling, etc.) voids this exemption.

Proprietary-School Licensure Exemptions

1. Programs Regulated by Other State Agencies
Education already under the exclusive jurisdiction of another Maine licensing board does not also need a proprietary license:
• Real-estate pre-licensing courses approved by the Real Estate Commission.
• Commercial driver training schools licensed by the Secretary of State.
• Barbering and cosmetology schools regulated by the Office of Professional and Occupational Regulation.
• Emergency-medical-services training accredited by Maine EMS.
► Submit a copy of the other-agency license or approval letter to DOE to keep on file.

2. Nonprofit Educational Providers
A Maine-incorporated nonprofit organization (IRS 501(c)(3)) that offers tuition-based or tuition-free instruction is exempt unless it:
• Markets itself primarily as a job-placement or vocational school, or
• Plans to grant academic credit or any degree.
► File your nonprofit charter and mission statement; DOE will confirm exemption and assign you a tracking number.

3. Trade & Professional Association Training
Instruction delivered solely to members or employees of a professional, business, or trade association is exempt.
• No public solicitation is allowed; enrollment must be limited to bona fide members/ employees.
• Tuition may be charged, but advertising must clarify membership-only eligibility.
• If classes open to the public, or if certification is marketed as generally recognized outside the association, licensure is required.

4. Degree-Granting Institutions Already Authorized
Any in-state or out-of-state college that holds legal degree authority (via legislative act or State Board approval) does not need a separate proprietary license to run non-degree certificate programs.
• However, those non-degree programs must be listed in the college catalog and follow the consumer-protection standards in State Board rules.
• Adding a clock-hour trade program unrelated to the mission may trigger DOE review to confirm it aligns with institutional accreditation.

Key Points for All Exempt Providers

• Documentation: Keep clear records proving why the exemption applies (nonprofit status letter, church charter, military property letter, board licenses, etc.).
• Consumer Disclosures: Exempt status does not allow deceptive marketing. Institutions must state credentials accurately and avoid suggesting they hold state approval if they do not.
• Accreditation Claims: Do not claim or imply recognized accreditation if you have none; Maine treats such misrepresentation as a deceptive trade practice.
• Changes in Scope: Expanding offerings, charging tuition where none was charged before, or opening programs to the general public can nullify an exemption. Consult DOE before altering operations.
• Voluntary Licensure: An exempt school may apply voluntarily—common when federal Title IV or veteran-training eligibility is desired. Once licensed, all rules apply.
  
  

Operating in Maine without the required authorization—or falsely claiming an exemption—exposes an institution to civil fines, restitution orders, and injunctions. When in doubt, seek a formal determination from the Department of Education’s Office of Higher Education.

For personalized guidance on navigating the authorization process for your private post secondary institution in Maine, reach out to Expert Education Consultants (EEC) at +19252089037 or email sandra@experteduconsult.com

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