The following is a list of notices, by date of publication, for proposed new Department of Higher Education (DHE) regulations or amendments to existing DHE regulations. Click on a link to view the corresponding notice; either the proposed new regulation or, in the case of amendments, a redline reflecting the proposed changes to the existing regulation; and other related documents.
All persons interested in submitting comments on a proposed new regulation or changes to an existing regulation may do so in writing by the date indicated in the notice. Please refer to the full notice for the email and mailing addresses for submitting comments. DHE is not required to respond to comments; however, all comments received by the date indicated in the notice will be reviewed and considered.
The date published is the date the notice appeared in the newspaper and the Massachusetts Register and marks the beginning of the 21-day public-comment period, pursuant to M.G.L. c. 30A, s. 3.
Published on November 21, 2025
At its October 28, 2025 meeting, the Massachusetts Board of Higher Education authorized the Commissioner of Higher Education to solicit public comment on the proposed regulation, 610 CMR 16.00: Degree Granting Regulations for Pilot Proposals on Innovation. The statutorily required 21-day public comment period began on Friday, November 21, 2025, and written comments will be accepted by the Department until 5:00 p.m. on Friday, December 12, 2025. A public hearing will be held virtually by the Department on Friday, December 12, 2025 at 12:00 noon EST via Zoom. For additional information, please visit the attachments below.
Working through Department of Higher Education staff, the Board of Higher Education is responsible for, among other things, the degree-granting program approval process in the Commonwealth to assure prospective students and other interested parties that licensed institutions meet minimal levels of quality while providing an appropriate learning environment for all students. Such determinations are based, in part, on an applicant-IHE’s mission, programs of study, faculty and staff qualifications, leadership and organization, and financial sustainability.
Following extensive discussions with institutional stakeholders, careful reflection on the Board’s formally adopted “Innovation-centered” strategic priority, and significant changes in our external environment, Department staff have prepared a draft regulation intended to help advance the BHE’s consideration of responsible opportunities for programmatic experimentation. To that end, Department staff have drafted Board regulation 610 CMR 16.00, “Degree Granting Regulations for Pilot Proposals on Innovation,” which provides the Board with flexibility to modify or temporarily waive its own regulations or standards in those instances where existing BHE regulations disfavor experimentation as a rapid response to shifting externalities.
Specifically, the proposed regulation establishes a framework for the Board to carefully consider, advance, and evaluate “pilot proposals” – from public and independent institutions of higher education subject to Board jurisdiction – that may be inconsistent with one or more specific BHE regulatory or policy requirement(s) related to degree-granting authority (610 CMR 2.00), but are responsive to significant changes in society, demographics, technology, educational research, and/or expectations regarding post-secondary education. The criteria, requirements, and procedures set forth therein will allow for responsible experimentation and advance innovation within a controlled, monitored environment.
610 CMR 16.00 Notice of Public Hearing
610 CMR 16.00 Proposed Regulation
610 CMR 16.00 Statement of Fiscal Effect and Small Business Impact
Published April 25, 2025
Final 610 CMR 15.00 Regulations
Final Amended 610 CMR 15.00 Statement of Fiscal Effect and Small Business Impact
Published on January 31, 2025
At its January 14, 2025 meeting, the Massachusetts Board of Higher Education authorized the Commissioner of Higher Education to solicit public comment on proposed guidelines to expand opportunities for students with severe disabilities to participate in postsecondary experiences within the Massachusetts public higher education system, per legislation included in the FY2023 state budget. The 21-day public comment period began on Friday, January 31, 2025, and written comments will be accepted until 5:00 p.m. on Friday, February 21, 2025. A public hearing will be held virtually on Friday, February 7, 2025 at 12:00 noon via Zoom. For additional information, please visit the attachments below.
In July of 2022, via the FY2023 General Appropriations Act, legislation was enacted in Massachusetts to expand post-secondary educational and experiential opportunities for students with severe disabilities who were unable to achieve a competency determination under section 1D of chapter 69 (e.g., pass MCAS). The legislation both codified the then-existing Massachusetts Inclusive Concurrent Enrollment Initiative (MAICEI) that had been funded in prior appropriation line items to provide such opportunities to individuals between the ages of 18 and 22 (M.G.L. c. 71B, §17); and also established a foundation for expanding access to postsecondary education opportunities for individuals over the age of 22 by requiring each public institution of higher education in Massachusetts to establish policies and guidelines governing the selection and participation of 22 and over eligible individuals with severe disabilities. The legislation has several components, including amending the Department of Higher Education’s (DHE) enabling legislation (M.G.L. c. 15A, Section 30A), creating a trust fund (M.G.L. c. 29, Section 2VVVVV), and codifying a grant program (M.G.L. c. 71B, section 17) to help fund, support, and administer the collective programs.
In turn, the legislature charged the DHE with promulgating regulations to implement the new law and, more specifically, the associated grant program which facilitates student access and is referenced in section 17 of chapter 71B. The DHE’s proposed regulation seeks to establish minimum guidelines, expectations, and procedures to help public higher education institutions offer inclusive education programming safely and appropriately to eligible students with severe disabilities and help strengthen partnerships with other state agencies. Specifically, the proposed regulation:
610 CMR 15.00 Notice of Public Hearing
610 CMR 15.00 Proposed Regulation
610 CMR 15.00 Statement of Fiscal Effect and Small Business Impact
Past Meeting Materials
Laws and Regulations
BHE AuthorityConnect @MassDHE
