Regulation of Postsecondary Institutions: Model Legislation. Issuegram 22.

The Education Commission for the States' model state legislation for approval of postsecondary institutions and authorization to grant degrees is discussed with regard to three Supreme Court cases on academic freedom, as well as several recent state court cases on the regulation of teaching in private postsecondary institutions. Constitutional issues raised by the decision to regulate postsecondary institutions include the free speech protections of the first amendment, which includes teaching, and the freedom of religion at church related colleges. In addition, the due process requirements of the fourteenth amendment raise additional issues, including certain liberty interests from state regulatory infringement. It is suggested that states adopting a licensing requirement that focuses on teaching in postsecondary institutions should reexamine their laws in the light of general Supreme Court cases on academic freedom and the recent lower court decision in New Jersey and North Carolina. The ECS model legislation contemplates regulation of programs where the teaching is in-state, and conferral of the degree is out-of-state, along with academic standards, ethical and business practices, health and safety, and fiscal responsibility of postsecondary institutions. (SW)