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1 C. L. Dig. 1 (1971)

handle is hein.journals/ceawest1 and id is 1 raw text is: Janul= ~THE COLLEGE LAW_-DIGEST 17 This information service for college and university administrators and their attorneys is published four time a year by the National Association of College and University Attorneys, 625 Grove Street, Evanston, Illinois 60201. It will maintain the material in College Law A Guide for Admin- istrators and the College Law Manual on a current basis. The annual sub- scrivtion fee is $6.00. Thomas E. Blackwell, Editor. Copyright, 1971. National Association of College & University Attorneys. All rights reserved. ACCREDITATION Colorado Colorado Polytechnic College v, State Board for Community Collgeas and Occupational Education, 476 P 2d 38 (1970). The Colorado Polytechnic Col- lege was chartered by the state in 1960 as a nonprofit corporation. It offers courses of interest to returning veterans. It ran into financial difficulty as the result of the enactment of state legislation in 1965. Under the provisions of this act, only a state college or university or a private college or university was authorized to grant academic de- grees. A private college or university was defined in the act as one whose credits are transferable to at least one college or university ac- credited by one of the several accrediting associations. The problems of the college were further complicated by the enactment of the Colorado Pro- prietary School Act of 1966. It requires a proprietary school to obtain a certificate of approval from the State Board for Community Colleges and Occupational Education. The college refused to apply for such a certifi- cate, contending that it is not a proprietary school but rather a degree granting nonprofit educational institutimat the junior college level, even though not accredited by a regional accrediting association. The state board threatened proceeding to prevent further operation of the college. In its action for judicial relief, the college testified that the state board had refused to approve certain of its courses offered to veterans who, by reason of nonapproval, received no federal funds for tuition, and that this loss of tuition income made it difficult to con- tinue its work. The state supreme court held that, although the statute permitting nongovernmental accrediting associations to determine academic standards of excellence was not an unconstitutional delegation of legis- lative power, an arbitrary and unreasonable rejection of credits may render the act of rejection invalid and discriminatory in a particular case. The court upheld the constitutionality of the Proprietary School Act, but it declared that the governor of the state had exceeded his au- thority when he designated the State Board of Community Colleges and Oc- cupational Education as the states approving agency for the approval or nonapproval of courses offered to veterans whose education is being fi- nanced by the federal government. Federal MarioriLe Webster Junior College. Inac. v. The Mliddle States Assg~iation of Colleges and Secondary Schools, 302 F. Supp. 459 (D.C.D.C. 1969)! Re- versed, F. 2d (June 30th., 1970); cert. denied, _ U.S. 39 U.S. Law Week 313(November 10th., 1970). The Supreme Court declined to review the decision of the lower federal court. For a summary of this case, please refer to the October 1970 issue of The College Law Digest, page 43. For a commentary on accreditation, please refer to The Control of Higher Education by Accrediting Organizations in Colleae Law A Guide for Administrators, pages 55-579 published by the American Council on Education, One Dupont Circle, Washington, D.C. 20036,

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