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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

22 Pa. Code § 40.51. Approval of an independent junior college, college, university or foreign corporation.


§ 40.51. Approval of an independent junior college, college, university or foreign corporation.

 (a)  The applicant will receive approval to operate in this Commonwealth when, in the opinion of the Secretary, it has met the prescribed conditions. To be approved the applicant shall conform to generally accepted academic practices and to the regulations of the Board and applicable statutes. The articles of incorporation and the bylaws are subject to change if directed by the Secretary in order for the applicant to receive approval. In this Commonwealth, university approval is not a prerequisite to granting graduate degrees, either at the master’s or doctoral level. For university approval, exceptions to the minimum three-unit structure may be granted for exceptional educational reasons—such as, avoidance of program duplication at the doctoral level or universities established for limited or special purposes—when the need for the exception is documented by the institution. Reference should be made to §  31.2 (relating to definitions).

 (b)  If the institution fails to maintain standards prescribed by this chapter and Chapter 31 (relating to general provisions), the court shall, upon the recommendation of the Department, revoke the degree-granting privilege of the institution as provided in section 312C of the Nonprofit Corporation Law (15 P. S. §  7312C). The recommendation will be made only after the institution has been informed in writing of its inadequacies and has been given reasonable time in which to restore itself to the level of the required minimum standards.


   The provisions of this §  40.51 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § §  20-2002-A and 24-2421).


   The provisions of this §  40.51 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial pages (108482) to (108483).

Cross References

   This section cited in 22 Pa. Code §  31.52 (relating to accreditation); and 22 Pa. Code §  31.53 (relating to visitation).

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