A NATIONAL SURVEY WAS CONDUCTED TO IDENTIFY THE RELATIONSHIPS OF SUBSTANTIVE (WRITTEN) AND COMMON LAW TO THE ORGANIZATION AND OPERATION OF NONPUBLIC U.S. COLLEGES AND UNIVERSITIES. A MULTIPHASED PROCEDURE WAS EMPLOYED. INITIALLY, LITERATURE WAS REVIEWED TO TRACE THE HISTORICAL-LEGAL DEVELOPMENT OF NONPUBLIC HIGHER EDUCATION IN THE UNITED STATES. THE CONSTITUTIONS AND STATUTES OF THE 50 STATES WERE SEARCHED. THE RESULTING DATA WERE COMPILED AND ANALYZED TO DETERMINE THE EXTENT TO WHICH EACH STATE MADE PROVISION FOR THE ORGANIZATION AND OPERATION OF NONPUBLIC INSTITUTIONS. FURTHER, THE CHARTERS OF A STRATIFIED SAMPLE OF NONPUBLIC INSTITUTIONS OF HIGHER LEARNING WERE COLLECTED AND ANALYZED UNDER FOUR CHRONOLOGICAL PERIODS CORRESPONDING TO DATES OF FOUNDING. THE PURPOSE OF THIS ANALYSIS WAS TO DETERMINE WHETHER THE POWERS GRANTED IN THE CHARTERS JUSTIFIED THE ASSUMPTION THAT THE STATE EXERTED INCREASED CONTROL OVER NONPUBLIC COLLEGES AND UNIVERSITIES FROM 1636 TO 1965. THE POWERS CONTAINED IN THESE CHARTERS WERE CLASSIFIED UNDER SEVERAL ACTIVITY AREAS TO SHOW THE TYPE OF POWER GRANTED TO NONPUBLIC INSTITUTIONS BY THE STATES. AS A FINAL ACTIVITY, PRINCIPLES OF COMMON LAW APPLICABLE TO NONPUBLIC HIGHER EDUCATION WERE EXAMINED BY REVIEWING AND SUMMARIZING RELEVANT COURT CASES. THE SURVEY FINDINGS OF THE LEGAL STATUS OF NONPUBLIC EDUCATION SHOWED SIGNIFICANT DIFFERENCES AMONG THE 50 STATES. (GC)