Current through Register Vol. 42, No. 5, February 29, 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.
(4)
State Authorization for Non-Resident Institutions. The
Commission's review or exemption from review of postsecondary programs of
instruction offered by Non-Resident Institutions is a component of the state
authorization process conducted by the ACCS Private School Licensure Division
under the authority granted to it under Code of Ala. 1975, §§
16-46-1, et seq.
(a) All Non-Resident Institutions seeking
authorization by obtaining a Private School License must complete the
Commission's program review or exemption process.
(b) If the ACCS Private School Licensure
Division grants a Certification of Exemption to a Non-Resident Institution, the
institution does not need to apply to the Commission for program review or
formal exemption from review.
(c)
Non-Resident Institutions who are NC-SARA members and do not maintain a
physical presence in Alabama are not required to obtain a Private School
License or Certificate of Exemption and are therefore not required to seek
program review or exemption by the Commission.
(5)
Requests for Formal Exemption from
Program Review.
(a) As a component of
its Private School Licensure application, a Non-Resident Institution may
request a letter of exemption from the Commission's program review process, if
the institution meets any of the following criteria:
1. It is accredited by a regional, national,
or specialized/programmatic accrediting body that is recognized by the US
Department of Education or by the Council for Higher Education Accreditation.
Documentation concerning accreditation is required.
2. It offers only non-degree programs or
non-credit courses.
3. It was
originally incorporated in Alabama and is now owned by an entity headquartered
in another state. These institutions must have been in continuous operation in
Alabama since their inception, with no more than a one-year interruption of
operations due to a change in ownership. Legal documentation of Alabama origin
must be submitted to the Commission.
(b) An institution seeking formal exemption
from Commission program review must submit an application and proper
documentation to the Commission. The Commission will then determine if the
institution meets any of the criteria for exemption from review and will inform
the Alabama Community College System concerning the disposition of the
application.
(c) Formal exemption
from program review by the Commission does not exempt Non-Resident Institutions
from the ACCS Private School Licensure requirements as established in the Code
of Ala. 1975, §§
16-46-1, et
seq.
(6)
Program
Review and Approval Required for Non-Exempt Institutions.
(a) Any Non-Resident Institution seeking
Private School Licensure that is not exempt from Commission review must undergo
a review of its programs of instruction and receive approval from the Executive
Director on behalf of the Commission.
(b) As a prerequisite to program approval, an
unaccredited Non-Resident Institution seeking a Private School License must
undergo an external review of its programs of study by one or more outside
consultants chosen by the Commission.
1. The
unaccredited institution shall underwrite all costs related to the external
review.
2. The program review
process for unaccredited institutions shall not exceed six months following
receipt of data and information required by the Commission.
(c) The following considerations
will be made as to whether programs of instruction can be approved:
1. In general, program proposals must meet
academic standards used by the Commission proposals for new off-campus
offerings by in-state public institutions and in doing so be in full compliance
with the Southern Association of Colleges and Schools Commission on Colleges
(SACSCOC) guidelines or those of other regional, national, or specialized/
programmatic accrediting bodies recognized by the US Department of Education or
the Council for Higher Education Accreditation.
2. Since the use of state appropriated
funding is not involved, the question of unnecessary duplication is not an
issue when proposals of non-Alabama institutions are reviewed.
(d) In the absence of unavoidable
delays, the Commission will report its approval or disapproval of proposed
courses or program(s) of instruction to the System and to the applying
institution within sixty (60) working days following receipt of the required
data and information forms from the applying institution.
(e) By statute, the Commission is authorized
to promulgate a schedule of fees commensurate with the cost of Commission
activities related to the programmatic review, not to exceed fifteen thousand
dollars ($15,000) and may exercise this authority as the Commission determines
necessary with six (6) months' advance notice.
(f) The Commission reserves the right to
conduct a site visit to the proposed location for an evaluation of a course or
program of instruction before or subsequent to concluding its review of a
pending application. There is no charge to the institution for mileage or per
diem payments to Commission staff for such visits. However, in the event that
the Commission appoints other education or external specialists as on-site
visit consultants, the institution will pay the consultants a consulting fee
determined by the Commission, as well as expenses.
(7)
Changes to Approved Program
Offerings by Licensed NonResident Institutions. If a currently licensed
Non-Resident Institution seeks to change its approved program offerings,
whether by adding new programs or by relocating or modifying previously
approved programs, the Commission will review these changes in a cycle to
coincide with the license renewal process established by the ACCS Private
School Licensure Division.
(8)
Period of Approval or Exemption. In keeping with the review cycle
for ACCS Private School Licensure, program approval or formal exemption from
program review is valid for two years, after which the institution may seek
renewal.
(9)
Appeals.
Any person or institution aggrieved by the action of the Commission in its
administration of this rule may, by written petition filed with the Commission
within thirty (30) days after notice of the aggrieving action, request a
rehearing by the Commission. The Commission shall schedule the requested
rehearing to be held no less than twenty (20) nor more than thirty (30) days
after receipt of the petition. The aggrieved party may present written and oral
evidence supporting its petition and may be represented by counsel, if desired.
The decision of the Commission following the rehearing shall be
final.
Author: Robin E. McGill
Statutory Authority:
Code of Ala.
1975, §§
16-5-1, et
seq.
