Alabama Administrative Code › Title 300 - ALABAMA COMMISSION ON HIGHER EDUCATION › Chapter 300-2-1 - PROGRAM REVIEW › Section 300-2-1-.02 - Review Or Exemption From Review Of Proposed Postsecondary Course Offerings In Alabama By Non-Alabama Institutions Seeking State Authorization

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose
			 and Commission Responsibility
. Per the Code of Ala. 1975, §
								16-5-10(14), it
			 is the responsibility of the Alabama Commission on Higher Education to
			 establish policies and procedures for the review and approval or disapproval of
			 all proposed postsecondary credit courses or programs of instruction offered in
			 the State of Alabama by non-Alabama institutions of higher education. The Code
			 of Ala. 1975, §
								16-5-10(10) authorizes the Commission to make rules and regulations for its meetings,
			 procedures, and execution of the powers and duties delegated to it by this
			 article. These institutions must also be licensed to do business or be exempt
			 from licensing in Alabama by the Private School Licensure Division of the
			 Alabama Community College System (ACCS).
(2)
Scope.
This section shall
			 apply only to Non-Resident Institutions seeking to offer postsecondary programs
			 of instruction to Alabama residents. It does not apply to Alabama-based
			 institutions.
(3)
Definitions
. For purposes of this rule, the following definitions
			 apply:
(a) Accreditation: A formal process
			 conducted by a nongovernmental, independent accrediting agency recognized by
			 the US Department of Education or by the Council for Higher Education
			 Accreditation to ensure the delivery of sound educational programs.
(b) ACCS-Exempted Institutions: Those
			 postsecondary institutions that are granted a Certificate of Exemption from
			 Licensure by the ACCS Private School Licensure Division and for which the
			 System has waived formal licensure application and review.
(c) ACHE-Exempted Institutions: Non-Resident
			 Institutions that are determined to meet one of the criteria for exemption from
			 Commission review and are named in an official letter of exemption from the
			 Commission.
(d) Approved Programs:
			 Programs of study that have been reviewed and found to meet the criteria for
			 approval by the Commission.
(e)
			 Authorization: Formal approval to offer postsecondary programs of instruction
			 to Alabama residents. Authorization is generally secured through one of the
			 following processes:
1. Private School
			 Licensure: A formal process conducted by the ACCS Private School Licensure
			 Division to certify viability and legal authority to offer postsecondary
			 programs of instruction, resulting in a Private School License.
2. Formal Exemption from Licensure: A formal
			 process conducted by the ACCS Private School Licensure Division to verify that
			 a private postsecondary institution has met the criteria for exemption from
			 licensure, resulting in a Certificate of Exemption.
3. Membership in the National Council for
			 State Authorization Reciprocity Agreements (NC-SARA) (applies only to
			 Non-Resident Institutions without a physical presence in Alabama): A
			 streamlined, reciprocity-based process for participating postsecondary
			 institutions to become authorized to offer interstate distance education
			 programs in other NC-SARA member states without individually applying to each
			 state for such authorization, subject to certain limitations. Institutions are
			 approved for NC-SARA membership by their states of domicile, and as a condition
			 of membership, they are required to maintain certain academic and financial
			 standards designed to protect students.
(f) Commission: The Alabama Commission on
			 Higher Education (ACHE).
(g)
			 Distance Education Program: A for-credit postsecondary program for which all
			 instructional requirements can be completed via distance education courses. A
			 distance education program may have in-person requirements that are
			 non-instructional (e.g., orientation, practicum).
(h) Main Campus: The physical boundaries of
			 the location of an institution's principal administrative offices. In the case
			 of an institution eligible for Title IV funds, the campus designated by the
			 U.S. Department of Education's Office of Postsecondary Education identification
			 number (OPEID).
(i) NC-SARA: The
			 National Council for State Authorization Reciprocity Agreements (NC-SARA) is a
			 national association of member institutions and states organized to provide a
			 streamlined, reciprocity-based process for participating postsecondary
			 institutions to become authorized to offer interstate distance education in
			 other NC-SARA member states without individually applying to each state for
			 such authorization, subject to certain limitations.
(j) Non-Alabama Institution: A postsecondary
			 educational institution, public or private, profit or nonprofit, whose main
			 campus or headquarters is located outside the State of Alabama.
(k) Non-Resident Institution: Synonymous term
			 for Non-Alabama Institution.
(l)
			 Physical Presence: Having a geographical site with an address and location
			 within the physical boundaries of the State of Alabama.
(m) Programs of Instruction (Courses): Any
			 course or sequence of courses for which credit toward any postsecondary degree,
			 certificate, or diploma is to be awarded.
(n) SARA (State Authorization Reciprocity
			 Agreements): An interstate distance education compact coordinated through
			 NC-SARA.
(o) System: The Alabama
			 Community College System (ACCS).
(p) Unaccredited Institution: An institution
			 not accredited by an agency recognized by the US Department of Education or
			 Council on Higher Education Accreditation or by an entity determined to be
			 comparable.