Responses Last Confirmed:

Alabama Commission on Higher Education and Alabama Community College System, Private School Licensure Division

Agency Contact

Ron Leonard - NC-SARA Contact
334-242-2211
ron.leonard@ache.edu

Additional Contact

Robin McGill - Contact for State Authorization
334-242-2104
Temetra Berry - Compliance Specialist
334-293-4650

Secretary of State Contact

Wes Allen
334-242-5899
Wes.Allen@sos.alabama.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

Under provisions of Ala. Code §16-5-10 (14) (1975), the Alabama Commission on Higher Education has jurisdiction over non-resident institutions defined as postsecondary institutions or corporations offering educational programs in Alabama with main campuses or headquarters located outside the state.

Alabama is the only state within the United States where jurisdiction over private school licensure and programmatic review for degree granting institutions is divided between two (2) state agencies, the Alabama Community College System and the Commission.

To facilitate these dual agency assignments of responsibility, a Memorandum of Agreement between the Alabama Community College System and the Commission provided for the integration of programmatic review of non-resident institutions with the licensure process.

In addition, both the Commission and the Alabama Community College System serve as clearinghouses for information about private/proprietary institutions that offer their programs to Alabama residents.

The Commission is also the NC-SARA State Portal Entity for Alabama.

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

____   Public, in-state degree granting institutions
____   Public, out-of-state degree granting institutions        
_X__   Private, in-state, not-for-profit degree granting institutions 
_X__   Private, out-of-state, not-for-profit degree granting institutions    
_X__   Private, in-state, for-profit degree granting institutions
_X__   Private, out-of-state, for-profit degree granting institutions
____   Public, in-state, non-degree granting institutions
____   Public, out-of-state, non-degree granting institutions
_X__   Non-degree, not-for profit institutions
_X__   Non-degree, for-profit institutions
_X__   Religious institutions
_____  Tribally-controlled institutions
_____  Federal Institutions
_____  Municipal institutions

* The Commission accepts NRI applications from out-of-state public degree and non-degree institutions to determine exemption from programmatic review.

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution   _____ Program   __X__ Both

c.
Clarifying comments:

No response provided

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

The Private School Licensure Division of the Alabama Community College System does require accreditation of most institutions:

“All privately licensed degree granting, post-secondary educational institutions must be accredited by an accrediting agency recognized by the United States Department of Education (USDE), the Council for Higher Education Accreditation (CHEA), be a candidate for accreditation or in process of application for accreditation as determined and monitored by the Alabama Community College System. This requirement became effective beginning October 1, 2008, for any degree granting institutions applying for initial or renewal licensure.” (GUIDELINES FOR POLICY (accs.edu))

b.
If yes, please check all that apply as appropriate.

Accreditation agency must be recognized by the US Department of Education or CHEA

Accreditation Required for:
_____ Public, out-of-state degree granting institutions
_X___ Private, in-state, not-for-profit degree granting institutions
_X___ Private, out-of-state, not-for-profit degree granting institutions
_X___ Private, in-state, for-profit degree granting institutions
_X___ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
_____ Non-degree, not-for profit institutions
_____ Non-degree, for-profit institutions
_____ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

c.
Clarifying comments:

No response provided

Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

Yes.

b.
If yes, for what types of institutions? Which types of programs?

Please see link below for exemptions from licensure

d.
Clarifying comments:

No response provided

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

Yes

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

No response provided

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

Yes

d.
Clarifying comments:

Licensure is required for any institution that is locally advertising or recruiting in the state.

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

Alabama does not use a physical presence standard.

b.
Web link for physical presence definition.

No response provided

c.
Clarifying comments:

No response provided

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

An individual student's complaint may be reported to the individual institution or the SARA SPE. All complaints made to the SPE will first be referred to the individual institution for consideration. Each institution as a condition of membership in SARA must have consumer protection policies and procedures that are compliant with SARA standards. If a complaint is not resolved to a student's satisfaction at the institutional level, the student may file a complaint with the state SARA SPE. The complaint must be in writing and shall set forth the grounds for the complaint, explain any steps taken to exhaust the institutional grievance process, include any relevant documents, and contain other information that may be required by the SARA SPE. The SARA SPE will evaluate the complaint and determine whether it meets the criteria for consideration. If the complaint does qualify, the SARA SPE will appropriately determine the facts of the case and decide on a final resolution of the complaint in accordance with applicable policies.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

The entire process is handled by the Commission.

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving SARA complaints?

Contact Name: Ron Leonard
Title: Director of Special Initiatives
Agency: Alabama Commission on Higher Education
Address: P. O. Box 302000, Montgomery, AL 36130-2000
Email: ron.leonard@ache.edu
Phone:(334) 242.2211
URL: ache.edu

e.
Clarifying comments:

No response provided

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?
b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

No

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

No response provided

d.
Who is the contact person at your agency for receiving complaints?

Contact Name: Tivoli Nash
Title: Director for Private School Licensure
Agency: Alabama Community College System
Address: P.O. Box 302130, Montgomery, AL 36130-2130
Email:  tivoli.nash@accs.edu
Phone: 334-293-4650
URL: Private School Licensure - Alabama Community College System (accs.edu)

f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

Yes

c.
Clarifying comments:

No response provided

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?

No

b.
If yes, for what types of institutions?

No response provided

c.
Web link for tuition refund policy.

No response provided

d.
Clarifying comments:

No response provided

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

N/A

b.
If yes, for what types of institutions?

No response provided

c.
Web link for student tuition recovery fund.

No response provided

d.
Clarifying comments:

No response provided

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

N/A

b.
How frequently do institutions report data?

No response provided

c.
Is this information published or shared publicly?

No response provided

d.
Web link for reporting.

No response provided

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a.
What are possible consequences of institutional non-compliance?

Non-compliance may result in the institution’s license/authorization being suspended or revoked.

b.
Web link for enforcement information.

No response provided

c.
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.
c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes

d.
Clarifying comments:

No response provided

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

Schools are required to provide transcripts to the Division, a third party company or an agreement with another institution within 30 days of closure.

b.
From what agency do students request their transcripts/records from a closed school?
c.
Clarifying comments:

No response provided

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

No response provided