Ala. Admin. Code r. 290-030-050-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 290-030-050-.03 - Exemptions

Subject to the conditions and exceptions stated in this rule, Alabama Administrative Code r. 290-030-050-.03 shall not apply to certain "exempt schools" which meet the criteria for exempt status enumerated in Code of Ala. 1975, § 16-46-3. Such "exempt schools" shall retain their exempted status only as long as the conditions of exemption remain valid. Where exempt status is dependent upon accreditation, the due process of the accrediting commission shall be allowed prior to withdrawal of the exemption, and where accreditation is withheld as a result of transfer of ownership, a period of time shall be allowed for the school to regain the grant in accordance with the appropriate accrediting commission regulations.

(1) Notwithstanding its exempt status, each private school which closes shall comply with the requirements for repository of records in accordance with Code of Ala. 1975, § 16-46-3(e).

(2) Each exempted school may request to be licensed without surety bond in accordance with Code of Ala. 1975, § 16-46-3 and Alabama Administrative Code r. 290-030-050-.05 and r. 290-030-050-.06.

(3) Each school which claims an exempt eligibility may file a request for a Certificate of Exemption to legitimize its status. Requests for Certificates of Exemption shall be filed with the Alabama State Department of Education together with the following supporting documentation:

(a) Copy of nonprofit charter of incorporation or documentary evidence establishing parochial or religious affiliation and an official catalog listing only sectarian courses or programs of study.

(b) Policy statement of the firm which limits enrollment in courses offered only to currently employed persons or labor unions and trade association training programs with membership prerequisites for enrollment. United States Department of Labor, Bureau of Apprenticeship Training Approval may establish exemption of apprenticeship and other on-the-job training programs.

(c) Copy of the charter or articles of incorporation with by-laws establishing a nonprofit mode of operation.

(d) Statement on letterhead of professional, business, or trade organization that enrollment in seminars or short courses is limited to members thereof. Each private school offering similar public programs shall provide documentary evidence that a majority of enrolled students over the five years preceding the date of application for exemption have had at least half of their tuition and fees paid by their employers.

(e) Copy of appropriate license, certificate, or approval by the state board, commission, or agency, and/or listing in the current directory of such regulatory agency.

(f) Current copy of the school catalog.

(g) Copy of the accreditation grant from an accrediting commission or agency recognized by the Council on Postsecondary Accreditation, One Dupont Circle, N.W., Suite 305, Washington, D.C. 20036. The status of accreditation shall be validated annually.

(4) A certificate of exemption granted pursuant to Code of Ala. 1975, § 16-46-3 shall not be construed to constitute approval or endorsement by the State of Alabama for any purpose.

Author: Dr. Eddie R. Johnson.

Ala. Admin. Code r. 290-030-050-.03

June 13, 1991 adopted effective July 25, 1991.

Statutory Authority:Code of Ala. 1975, § 16-46-3, as amended.