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VERMONT STATUTES AND CODES

§ 176a -   Postsecondary schools not chartered in Vermont

§ 176a. Postsecondary schools not chartered in Vermont

(a) Applicability. All postsecondary schools whose primary operation lies outside the state of Vermont are subject to this section.

(b) Definitions. All words and phrases defined in section 176 of this title shall have the same meanings in this section.

(c) State board approval. Every postsecondary school subject to this section shall:

(1) apply for a certificate of approval from the state board prior to registering its name with the secretary of state pursuant to Title 11, Title 11A, or Title 11B;

(2) apply for and receive a certificate of approval prior to offering postsecondary credit-bearing courses or programs and prior to admitting the first student;

(3) secure a certificate of degree-granting authority from the state board before it confers or offers 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 as a condition of approval to operate in Vermont.

(d) Exemptions. The following are exempt from all the requirements of this section except for the requirements of subdivision (e)(2) of this section:

(1) Programs of education sponsored by a bona fide trade, labor, business or professional organization recognized by the state board if they are:

(A) conducted solely for that organization's membership or for members of the particular industries or professions served by that organization; and

(B) not available to the public on a fee basis.

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

(3) Nondegree-granting or noncredit-granting postsecondary schools which offer only training in the vocations.

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

(e) Other provisions:

(1) All provisions of subsections (e) through ( l ) of 16 V.S.A. § 176 shall apply to all postsecondary schools subject to this section.

(2) All postsecondary schools subject to this section shall notify each applicant for enrollment in writing, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable only at the discretion of the receiving school. (Added 1989, No. 263 (Adj. Sess.), § 2, eff. June 20, 1990; amended 2001, No. 19, § 2; 2003, No. 107 (Adj. Sess.), § 2.)

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