Responses Last Confirmed:

Georgia Nonpublic Education Commission

Agency Contact

Magda Rivers, Deputy Director
770-414-2644
mrivers@gnpec.ga.gov

Additional Contact

Kirk Shook, Executive Director
770-414-3300

Secretary of State Contact

Brad Raffensperger
404-656-2881
soscontact@sos.ga.gov
Topic

1: Important Agency Information to Note

b.
What types of institutions are subject to this agency’s authority?

Indicate the types of institutions that your agency authorizes. 

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

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

c.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?
  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

_____ Institution   

_____ Program   

__X__ Both

d.
Clarifying comments:

No response provided

Topic

2: Authorization of Distance Education

a.
Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

Yes, unless the institution is a SARA Participating institution.

b.
Clarifying comments:

To offer online education to Georgia residents, an institution must be a member of NC-SARA or be authorized by GNPEC. 

Topic

3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

a.
Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

No. However, we now have an updated policy that requires institutions wanting to offer degree programs to seek and become accredited. Unaccredited degrees will no longer be permitted.

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

Accreditation by an accrediting agency recognized by the U.S. Department of Education required for: 
__X__ 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:

Unaccredited institutions are not permitted to use “College” or “University” in their names nor are they permitted to offer degrees. Furthermore, out of state unaccredited institutions are required to hold state approval in their home states. If an institution of this type is unable to obtain documentation of approval (or exemption from approval), an explanatory statement including supporting documentation, if possible, may suffice.

Topic

4: Physical Presence Policy

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

Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of the state.  In addition, the following instances will create physical presence: 

Establish and /or maintain a telephone with a Georgia area code; 

Establish and / or maintain a postal address with a Georgia zip code; 

Market and/or recruit via media that originates in Georgia 

Maintain an Internet URL that originates in Georgia or utilizes an ISP based in Georgia; 

Employ an individual whose job is to recruit within the State of Georgia;

Employ faculty or individuals who are Georgia residents required to interact face-to-face with Georgia students.

Additionally, please note that any online enrollment of a Georgia resident requires GNPEC Authorization or SARA membership.

b.
Web link for physical presence definition.
c.
Does a clinical/internship trigger the requirement for authorization with your agency?

Does a virtual clinical / internship trigger the requirement for authorization with your agency? 

No response provided

d.
Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No response provided

e.
Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No response provided

f.
Does having an administrative site in your state trigger the requirement for authorization with your agency?

No response provided

g.
Does having a recruiter in your state trigger the requirement for authorization with your agency?

No response provided

h.
Clarifying comments:

No response provided

Topic

5: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

Authorization involves an application evaluation process and the remittance of fees and bonding. Please read https://gnpec.georgia.gov/authorization-application for a more detailed outline regarding the process and its components. 

c.
Clarifying comments:

No response provided

Topic

6: Fees Associated with Authorization

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

Please see the GNPEC website for the Schedule of Fees: https://gnpec.georgia.gov/schedule-fees

b.
If yes, what is the fee or fee schedule?

No response provided

c.
Web link for fee information.
d.
Clarifying comments:

No response provided

Topic

7: Surety Bonds

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

The Executive Director is authorized, in his or her sole discretion, to require an applicant to file with the commission a surety bond if a financial assessment includes findings or notes raising concern about such applicant’s institutional internal controls or recommends that such applicant be placed on financial monitoring status.

c.
Clarifying comments:

For the first five years of authorization and the first five years following a change of ownership

Topic

8: Student Tuition Recovery Fund

a.
Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

Yes

b.
If yes, for what types of institutions?

Institutions authorized at the time of closure

d.
Clarifying comments:

Institutions pay into the TGTF for the first seven years of authorization.

Topic

9: Tuition Refund Policy

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

Yes

b.
If yes, for what types of institutions?

All unaccredited authorized institutions must meet the Minimum Standard Refund criteria. While accredited institutions may use their own refund policy, GNPEC has the right to require changes should a sufficient number of complaints arise.

c.
Web link for tuition refund policy.
d.
Clarifying comments:

No response provided

Topic

10: Reporting

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

All authorized institutions must renew authorization annually.  Unaccredited institutions, whether in-state or out-of-state, have additional annual reporting requirements, which can be found here: https://gnpec.georgia.gov/documents/additional-requirements-unaccredited-institutions.

b.
How frequently do institutions report data?

Annually

c.
Is this information shared publicly?

Not at this time

e.
Clarifying comments:

No response provided

Topic

11: Enforcement

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

Institutions may be subject to fines, loss of GNPEC approval, and legal action.

b.
Web link for enforcement information.
c.
Clarifying comments:

No response provided

Topic

12: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

Please see GNPEC Student Complaint Rules and Form on the GNPEC website: https://gnpec.georgia.gov/student-complaints

b.
Web link for the non-SARA complaint form.
c.
How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

No response provided

d.
Is the non-SARA 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.)?

GNPEC handles student complaints of GNPEC authorized institutions as well as select exempted institutions.

e.
Who is the contact person or entity for your state for receiving non-SARA student complaints?

Contact Name- Ms. Pat Neri
Title Program- Program Manager
Agency Address- 2082 E. Exchange Place, Suite 220, Tucker, GA 30084
Email- patn@gnpec.ga.gov
Phone- 770-414-3235
URL- https://gnpec.georgia.gov/student-resources/student-complaints/gnpec-student-complaint-form

f.
Clarifying comments:

Complaints, with supporting documents, must be filed online.

Topic

13: Records Retention

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

Authorized institutions as well as those exempted from authorization that close in Georgia must surrender student records to GNPEC upon demand.

b.
From what agency or entity do students request their transcripts/records from a closed higher education institution?

Students may request records from a closed institution in Georgia from GNPEC by completing a Student Transcript Request Form: https://gnpec.georgia.gov/student-transcript-request

c.
Clarifying comments:

No response provided

Topic

14: Additional Information

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

No response provided

b.
What is your preferred method of communication?

No response provided

 

Please note: There could be additional state agencies with oversight of activities of your institution.