Ala. Admin. Code r. 290-030-050-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 290-030-050-.04 - Licensing A Private School

No private school except those enumerated in Code of Ala. 1975, § 16-46-3 with supporting documentation as prescribed by Alabama Administrative Code r. 290-030-050-.03, shall operate within the State of Alabama unless a license is first secured from the Alabama State Department of Education.

(1) General License Rules.

(a) Application for a Private School License shall be made on forms supplied by the Alabama State Department of Education and shall be accompanied by the items required in Alabama Administrative Code r. 290-030-050-.04(2)(c).

(b) Any license applied for shall be granted, deferred, or denied within thirty (30) days of the receipt by the Department of all materials required for consideration of application. The school shall be notified by the Department of an incomplete application.

(c) Each private school license shall be valid for one year from the date of issue and shall be publicly displayed on the premises where the school operates in the State of Alabama.

(d) Any license issued may be placed on probation, suspension or revocation if the holder of the license solicits or enrolls students or administers instruction through fraud, deception, or misrepresentation. Any license conditioned by an expired surety bond shall be suspended for thirty (30) days from the date of expiration and thereafter may be revoked unless the surety bond is restored. The license shall be suspended/revoked by the Department and the private school shall be notified once the bonding company notifies the State Department of Education of bond cancellation.

(e) Any license shall be denied, deferred, suspended, or revoked if information or materials specified by Alabama Administrative Code Chapter 290-030-050 is not provided. Similar action shall be taken against schools found in violation of Code of Ala. 1975, Title 16, Chapter 46 or for failure to comply with Alabama Administrative Code Chapter 290-030-050.

(f) Each school which undergoes a transfer of ownership shall notify the Department in order that a review by the Department may be conducted to determine compliance with Code of Ala. 1975, Title 16, Chapter 46 and Alabama Administrative Code Chapter 290-030-050. A license shall not be transferred to new ownership. Financial stability of the new ownership must be established as specified in Alabama Administrative Code r. 290-030-050-.04(4)(a). The new owner is required to apply to the Department for a new private school license.

(g) No private school shall seek reimbursement from any student for any charges on any enrollment contract if such school was not the holder of a license as required by Code of Ala. 1975, § § 16-46-4(3) and 16-46-6(a), at the time that such school or its representative entered the contract.

(h) No licensed private school, no public school, and no college or university subject to the State Board of Education shall accept credits from a school which was not exempted, entitled to an exemption, or licensed as required under the provisions of Code of Ala. 1975, Title 16, Chapter 46 when educational credentials were conferred.

(i) Each school or course/program domiciled outside the State of Alabama shall designate a State Agent who is a resident of Alabama to service all complaints against the school. The resident agent is required to have an agent's permit which is issued by the Department.

(j) Private schools which cease operation shall, within ten (10) calendar days of closing:

1. Notify the State Superintendent of Education of the action by letter and/or facsimile;

2. Submit a list to the State Superintendent of Education containing the name, home address, telephone number, and course/program of each student enrolled in the school on the date the school closed; and

3. Submit a written plan to the State Superintendent of Education explaining in detail:

(i) how the school will arrange for the continued education of students currently enrolled;

(ii) how tuition refunds will be handled;

(iii) how other contractual agreements with students will be resolved; and

(iv) where student records will be stored.

(k) Each school shall comply with all local, state, and federal laws and regulations.

(2) License Application Procedures.

(a) Initial License Procedure.

1. A private school requesting to operate in Alabama will be supplied copies of Code of Ala. 1975, Title 16, Chapter 46, Alabama Administrative Code Chapter 290-030-050, and required forms for submitting applications to the State Department of Education, Private Schools Section, Gordon Persons Building, 50 North Ripley Street, Montgomery, Alabama 36130-3901.

2. Each private school domiciled in the State of Alabama will be visited with or without prior notification by an official of the Alabama State Department of Education to determine compliance with Code of Ala. 1975, Title 16, Chapter 46 and Alabama Administrative Code Chapter 290-030-050.

3. Upon application for a license, each private school domiciled outside the State of Alabama will be requested to present a copy of the Certificate of Existence granted by the Alabama Secretary of State's office indicating authority to do business or incorporation in Alabama and its proposed instructional course/program for review by the Department.

4. Application forms noted in Alabama Administrative Code r. 290-030-050-.04(2)(c) shall be completed. All materials and forms requested by the Department shall be completed and received before a satisfactory review can be conducted. The Department shall notify the school of an incomplete application and approval thereof shall be deferred until the application is complete.

(b) Renewal License Procedure.

1. Each school will be notified by the Alabama State Department of Education by mail of the requirement for renewal and will supply the necessary forms for renewal action not less than sixty (60) days prior to license expiration date. An annual review of each school licensed under Code of Ala. 1975, Title 16, Chapter 46 may be made at the time of license renewal to determine whether operating conditions equal or exceed the school rules for continued operation. Reviews of schools may be scheduled in advance at the convenience of the school.

2. Materials required for license renewal are identified in Alabama Administrative Code r. 290-030-050-.04(2)(c). All renewal materials and related information requested by the Department must be completed and received before a satisfactory review can be accomplished. All required application materials must be supplied not later than thirty (30) days prior to expiration or the license and/or agent's permit shall be placed on probation. Any private school license or agent's permit conditioned by an expired surety bond shall be suspended for thirty (30) days and thereafter may be revoked unless the surety bond is restored and evidence of restoration is supplied to the Department. An expired license and/or agent's permit may be reinstated upon submission of all application materials and fees required of initial applicants in Alabama Administrative Code r. 290-030-050-.04(2)(a).

(c) License and Permit, Application and Surety Bond Forms.

Form Name Use

1. PS-1 Application for License Initial and Annual

2. PS-2 Private School Performance School Surety

3. Ps-3 Private School Representative's Bond Agent Blanket Surety

4. PS-4 Personal Data Personal Credentials

5. PS-5 Application for Agent's Permit Initial and Annual

6. PS-6 Curriculum Outline Identification of Courses

7. PS-7 Private School Performance Report School Performance Data

8. PS-8 Private School License Authority to Operate

9. PS-9 Certification of Exemption Status of Exemption

10. PS-10 Agent's Permit Agent's Pocket Card.

(3) License Fees (U.S. Currency).

(a) Application materials for initial licensing, shall be accompanied by a fee of two hundred and fifty dollars ($250.00) for each private school covering the principal location or place of operation. Extensions or branch campuses operated by a licensed school shall be licensed initially for a fee of one hundred dollars ($100.00) each. Fees shall be paid by cashier's check or money order made payable to the Alabama State Department of Education.

(b) Application materials for license renewal noted in Alabama Administrative Code r. 290-030-050-.04(2)(c) shall be accompanied by a fee of one hundred dollars ($100.00) for each private school covering the principal location or place of operation and one hundred dollars ($100.00) for each branch of the private school. Fees shall be paid by cashier's check or money order made payable to the Alabama State Department of Education.

(c) All fees collected for issuance or renewal of licenses and permits shall be deposited in the State Treasury to the credit of the Alabama State Department of Education to be expended by voucher approved by the State Superintendent of Education to administer the Code of Ala. 1975, Title 16, Chapter 46.

(4) Financial Stability and School Surety.

(a) Prior to issuance of a license pursuant to Code of Ala. 1975, Title 16, Chapter 46 each private school shall submit to the Alabama State Department of Education evidence that it is financially capable of fulfilling its commitments for education. Financial stability shall be established by a review of each school's financial statement and any other evidence of fiscal responsibility requested by the Department. Financial stability of separate locations shall be provided through the principal base of operations. Unaudited financial statements are acceptable if prepared by a Certified Public Accountant or an accountant who uses an accepted accounting procedure and provides details which assure financial stability. Audited financial statements shall be required when financial stability is questioned by the Department.

(b) Each school not exempted in Code of Ala. 1975, § 16-46-3, shall be required to provide a school surety bond in the amount of ten thousand dollars ($10,000.00 in U.S. Currency) in the form acceptable to the State Department of Education and made payable to the State Department of Education. Where branches or secondary locations are licensed separately, the surety must be conditioned to cover all locations.

1. Acceptable sureties shall be limited to surety bonds obtained for school surety using Form PS-2 or Form PS-3, Alabama Administrative Code r. 290-030-050-.04(2)(c)4., for an agent's surety. Sureties must be continuous and shall be for the purpose of assuring performance of agreements or contracts with students. Refunds due to students shall be calculated on the basis of the cancellation and refund policy described in Alabama Administrative Code r. 290-030-050-.05(9)(b).

(c) Each private school license and agent's permit conditioned by a surety bond under notice of cancellation by the bonding agent shall be suspended and thereafter revoked upon the effective date of said cancellation unless another surety bond is acquired. Each private school license and agent's permit conditioned by surety bond allowed to expire shall be suspended by the Department upon notice to the private school for thirty (30) days and thereafter revoked unless the surety bond is restored.

(d) School surety bonds may be extended annually upon receipt of a continuation certificate issued by the bonding company to the State Department of Education.

Author: Dr. Eddie R. Johnson.

Ala. Admin. Code r. 290-030-050-.04

June 13, 1991 adopted effective July 25, 1991.

Statutory Authority:Code of Ala. 1975, § § 16-46-5 through 7, as amended.