Correspondence Schools

Discussion in 'Off-Topic Discussions' started by Bruce, Apr 28, 2002.

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  1. Bruce

    Bruce Moderator

    While doing some legal research, I happened upon this chapter in the Massachusetts General Laws that deals with what we now call Distance Learning.

    It appears that these laws were written sometime in the 1970's, but it does pretty much slam the door on degree mills in MA.


    Bruce
     
  2. Peter French

    Peter French member

    I am an Antipodean and not 100% used to US legalese, but it looks like it slams the door - PERIOD!

    Consider the following, and please correct me if I have misread it ...


    The term correspondence school, as used in this chapter, shall mean any school maintained for the purpose of providing instruction by correspondence in any field of study for a tuition charge or profit, but shall not, unless the contrary is indicated by the context,

    A - include a correspondence school having no place of business in the commonwealth

    So if for example, Caterpillar decide to centralise their training for a speciifc management level or function in at Broadmeadows in Australia, and conduct it without f2f or live facility into US, they are in breach? Same goes for any DE for a non-US land based establishment e.g. USQ, CQU, ECU etc? It therefore affects industry training and formal post graduate education? Carlyle Education can get Australian permission to deliver AQF courses off shore, for example, to people who may wish to come here and need to pre-credential as a Financial Consultant [we are one the small band approved to deliver this nationally], but we couldn't do it into this State?


    B - or such schools maintained or conducted by employers for their own employees with no fee or tuition being charged,

    Ford etc again caught?

    C- or owned and operated by established religious institutions,

    So the Church of Calathumpia can't do their version of a gebuine ordaining degree mill in US, as they are not US based? I suppose that this at least gives the ULC and friends less competition...

    D - or operated by the commonwealth or any political subdivision thereof.

    ...meaning precisely what?

    Surely I MUST be wrong?

    Peter French
     
  3. David Appleyard

    David Appleyard New Member

    CHAPTER 75C. PRIVATE CORRESPONDENCE SCHOOLS.

    Chapter 75C: Section 1. Correspondence school defined.

    Section 1. The term correspondence school, as used in this chapter, shall mean any school maintained for the purpose of providing instruction by correspondence in any field of study for a tuition charge or profit, but shall not, unless the contrary is indicated by the context, include a correspondence school having no place of business in the commonwealth, or such schools maintained or conducted by employers for their own employees with no fee or tuition being charged, or owned and operated by established religious institutions, or operated by the commonwealth or any political subdivision thereof.


    Nothing included in this Chapter prohibits any form of DL from providing instruction to residents of the Commonwealth. The exclusions note:

    1. Correspondence schools having no place of business in the Commonwealth, so Montana or Hawaii would be exempted.

    2. Employee education, provided there is no tuition being charged.

    3. Religious coursework is also exempted (church vs. state)

    4. Operated by Commonwealth or any political subdivision thereof, this permitting state colleges (land grant institutions) the ability to offer correspondence courses. In following Chapters, private institutions (within the state) are permitted to seek approval for their correspondence courses.

    What this Statute does provide is the restriction of "Mills" operating within the state. Outside the state? Anything goes!
     
  4. Peter French

    Peter French member

    The legislation seeks to control 'correspondence schools' by licensing them. In order to license them, it has to define them. In order to define them, it more or less decribes what are NOT correspondence schools and EXCLUDES[i/] these from the process of registration. I do not see that it EXEMPTS these from registration.

    This therefore is their definition of a 'mill' in Bruce parlance.

    An institution not US [Commonwealth] based delivering into this particular State is 'excluded' from registration. This then catches the Ford/Caterpillar example as they will not be charging their staffand will be delivering from Australia/Germany, and a foreign university without any physical representation in US.

    Am I confused, or are you confused?

    Respectfully,

    Peter French
     
  5. David Appleyard

    David Appleyard New Member

    Peter:

    It's the use of the term Commonwealth that may be causing you some confusion. Some states in the US use this term (Massachuesetts, Virginia and Kentucky). In the form used in the Chapter regarding correspondence schools and their delivery, it refers to the Commonwealth of Massachuesetts, not the UK or Australia. Under the Chapter, any school operating outside of the state is exempt from this Statute.

    So, any school operating outside of the State, whether "less-than-wonderful", DETC, RA, employer-sponsored or religion-based is not required to register.

    I hope this is the clarrification you were looking for.
     

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