An Act To Ensure the Integrity of For-profit Colleges
Maine Legislature, Session 129, LD 0103
Committee Amendment CA_A_S83 (Senate)
Amends: 20-A MRSA §10706-A

COMMITTEE AMENDMENT" A "to S.P. 30, L.D. 103, Bill, "An Act To Ensure 
the Integrity of For-profit Colleges" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Ensure the Integrity of For-profit Colleges and Universities' 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 20-A MRSA §10706-A is enacted to read: 
§10706-A. For-profit college and university review 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Adequate educational standards" means educational offerings and spending 
priorities that the state board finds meet the metrics established under subsection 3. 
B. "Employed" means a person has obtained permanent employment and: 
(1) The position is paid. If the position is an entry-level position, the salary must 
be at least 80% of the entry-level salary for the position as listed by the 
Department of Labor, Bureau of Labor Standards in its most recent report on 
industry employment and wages; 
(2) The position requires at least 32 hours of work per week; 
(3) The person has worked in the position for at least 30 days; and 
(4) The position is not affiliated with a for-profit college or university from 
which the person graduated, its parent company or a subsidiary or affiliate of its 
parent company. 
C. "Employment in the field of study" means employment in a job: 
(1) That is included on a list of job titles for which a graduate of a program of 
study is qualified, as published by the for-profit college or university, and in the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/~" to S.P. 30, L.D. 103 
most recent national relational database as a job related to that program of study. 
If the job title is not in the national relational database, the job may be considered 
as employment in the field of study if the employer's description of the job 
matches the job description, tasks and work activities for a job that is included in 
the most recent national relational database as related to the program of study; or 
(2) 
That requires the graduate to use the core skills listed in the school's 
published program of study taken by the graduate and the employer's written job 
description provides that the job requires education beyond a high school 
diploma. that applicants with a postsecondary credential are preferred or that the 
position is a supervisory or managerial position. 
D. "For-profit college or university" means a postsecondary institution that: 
(1) Is regulated by the department; 
(2) Is eligible to participate in federal student aid programs; and 
(3) Is operated by a private, for-profit business. 
E. "National relational database" means the relational database developed by the 
United States Department of Education, Institute of Education Sciences, National 
Center for Education Statistics and the United States Department of Labor, Bureau of 
Labor Statistics relating the United States Department of Education classification of 
instructional program code identified for a particular program of study to a standard 
occupational classification. 
2. Reporting. A for-profit college or university shall report annually by July 1st to 
the commissioner the following information in accordance with rules established by the 
commissioner that ensure the information is provided in a manner that allows evaluation 
in accordance with the metrics established under subsection 3: 
A. The amount of funds, disaggregated by campus, spent on each of the following as 
compared with total spending by the for-profit college or university: 
(1) Educational instruction; 
(2) Advertising; and 
(3) Executive salaries; 
B. 
The percentage of those who graduated in the previous calendar year, 
disaggregated by campus and program, who have employment in the field of study; 
C. 
The percentage of those who graduated in the previous calendar year, 
disaggregated by campus and program, who are employed; 
D. As reported to the United States Department of Education, the percentage of 
graduates who graduated in the previous 3 calendar years who received federal 
student loans and: 
(1) The percentage of those who received such loans who have defaulted; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 30, L.D. 103 
(2) 
The percentage of those who received such loans whose loan balances 
declined in the 3 years after repayment first became due, excluding those 
graduates for whom repayment was deferred as a result of military service; and 
E. The design and implementation of student support services. including the process 
by which student complaints are handled in a timely and effective manner and 
information on the number and nature of complaints received and the responses to 
those complaints. 
3. 
Evaluation. The commissioner shall by rule establish metrics to determine 
adequate educational standards that must be met by for-profit colleges and universities. 
O 
The metrics must include at least the following annual evaluation criteria. 
A. 
The commissioner shall evaluate spending priorities by using information 
supplied pursuant to subsection 2. paragraph A. 
If the commissioner finds a 
for-profit college or university spends less than 50% of its total spending on 
instruction or more than 15% of its total spending on advertising. the commissioner 
must find that the for-profit college or university fails to meet adequate educational 
standards. 
B. The commissioner shall determine whether a for-profit college or university has 
received necessary accreditations to allow graduates to meet professional licensing or 
other career standards related to the educational programs for which degrees or 
certificates are granted by the for-profit college or university. If the commissioner 
finds a for-profit college or university has not received these necessary accreditations, 
the commissioner must find that the for-profit college or university fails to meet 
adequate educational standards. 
C. 
The commissioner shall evaluate the design and implementation of student 
support services. including whether the complaint process by which student 
complaints are handled is transparent. includes an appropriate official to receive 
complaints and provides appropriate and timely responses to complaints. If the 
commissioner finds that a for-profit college or university does not have adequate or 
appropriate student support services. the commissioner must find that the for-profit 
college or university fails to meet adequate educational standards. 
4. Rules. The commissioner shall adopt rules necessary to implement this section. 
The rules must include definitions of "educational instruction." "advertising" and 
"executive salaries." Rules adopted under this subsection are routine technical rules as 
defined in Title 5. chapter 375. subchapter 2-A. 
5. Termination of degree-granting authority. The commissioner, after completing 
the evaluation under subsection 3, shall terminate the degree-granting authority of a 
for-profit college or university that the commissioner finds does not meet adequate 
educational standards.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 30, L.D. 103 
SUMMARY 
This amendment, which is the majority report, clatifies that the bill applies to 
for-profit universities as well as colleges and expands the definition of "for-profit college 
or university" to include a postsecondary institution that is regulated by the Department 
of Education or the State Board of Education, is eligible to participate in federal student 
aid programs and is operated by a private, for-profit business. The amendment requires 
the Commissioner of Education, instead of the State Board of Education, to review a 
for-profit college or university and adds a requirement that student support services, 
including the process by which student complaints are handled, be reviewed by the 
Commissioner of Education to determine whether adequate educational standards are 
being met by a for-profit college or university .. 
FISCAL ~~OTE REQUIRED 
(See attached) 
,.....u 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/04/19 feac.. 
LD 103 
LR 136(02) 
An Act To Ensure the Integrity of For-profit Colleges 
Fiscal Note for Bill as Amended by Committee Amendment 'Y~' (_j, ~) 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education to implement the requirements of this legislation can be absorbed 
within existing budgeted resources. 
LR0136(02) - Fiscal Note - Page 1 of 1