Alabama Administrative Code › Title 290 - ALABAMA STATE BOARD OF EDUCATION › Chapter 290-030-050 - PRIVATE SCHOOL LICENSURE IN ALABAMA › Section 290-030-050-.04 - Licensing A Private School

Current through Register Vol. 42, No. 9, June 28, 2024
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.