CHAPTER 118

FORMERLY

HOUSE BILL NO. 423

AN ACT TO AMEND CHAPTER 1, TITLE 14, DELAWARE CODE TO PROVIDE FOR A LICENSING OF NON-DELAWARE INSTITUTIONS OF HIGHER EDUCATION THAT OFFER COURSES, PROGRAMS OF COURSES, OR DEGREES WITHIN THE STATE OF DELAWARE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend S121, Chapter 1, Title 14, Delaware Code by adding thereto a new subsection (13) to read as follows:

"(13) The determination of criteria to be met and procedures to be followed by institutions of postsecondary education that offer courses, programs of courses, or degrees within the State of Delaware but that are not institutions either incorporated in Delaware or located in Delaware, except for purpose of offering the particular courses, programs of courses or degrees referred to above. The administration of the authority herein granted shall be carried out according to Rules and Regulations of the Board as authorized in 5122 of this Title."

Section 2. Amend §122 (b) (4), Chapter 1, Title 14, Delaware Code by striking said subsection (4) in its entirety and inserting in lieu thereof a new subsection (4) to read as follows:

"(4)(a) Governing the issuance of certificates and diplomas from the public schools of the State, and

(b) Determining the minimum requirements for the presentation of any course or program of courses and for the issuing of academic, normal school, collegiate, professional, or university degrees of any level by such institutions as are not otherwise authorized by Delaware law to determine such requirements:"

Section 3. Amend §122 (b) (7), Chapter 1, Title 14, Delaware Code by striking subsection (7) in its entirety and inserting in lieu thereof a new subsection (7) to read as follows:

"(7)(a) Governing the qualifications and certification of teachers in all of the public schools of the State.

(b) Providing that no individual public or private educational association, corporation or institution shall offer a course, or courses for the training of school teachers to be certified by the State Board of Education without having first procured the assent of the Board for the offering of such training courses.

(c) Providing for the licensing of any institution of higher education, public or private, which is not incorporated in the State of Delaware or which is not established according to Delaware state law, whether the main office of that institution is located within the State of Delaware or in any state of the United States or any nation of the world, if that institution offers any course, or program of courses, or degree at a location within the State of Delaware or by correspondence, to residents of the State. Regulations on this subject shall include provisions for the identification and licensing of any agent of such an institution who contacts persons within the State of Delaware in person or by correspondence for the purpose of soliciting enrollment by a permanent or temporary resident of the State of Delaware in any such course, program of courses or degree.

Approved July 5, 1979.