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A degree granting proprietary school in Alabama posts a $50,000 Private School Performance Bond before the Alabama Community College System will issue its license. The bond runs continuously, so it is bought once and renewed rather than rewritten each cycle, and the premium is a yearly charge rather than $50,000 held by the state. Order it early, because the license application is reviewed with the bond attached.
Alabama requires a $50,000 continuous surety bond, on Form PS-2 and payable to the Alabama Community College System Private School Licensure Division, from every degree granting private postsecondary institution licensed under Code of Ala. 16-46. Non degree granting schools post $20,000 instead. Church schools, accredited institutions that meet the grandfather dates in 16-46-3 and a handful of other categories are exempt from licensure and from the bond.
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The Alabama Community College System, through its Private School Licensure Division, sets two bond amounts in its Guidelines for Private School License effective October 1, 2024. A degree granting institution posts a school performance surety bond of $50,000. A non degree granting institution posts $20,000. The bond must be written on Form PS-2 and made payable to the Private School Licensure Division. Code of Ala. 16-46-5 is the underlying statute, and it describes the surety as a penal sum of not more than $20,000 with the actual figure set by the agency under 16-46-7, so the $50,000 figure comes from the Division's current guidelines rather than from the statute itself. Confirm the amount with the Division before the bond is issued.
Under 16-46-5 the surety is continuous and is conditioned to indemnify any student who suffers a loss from fraud or misrepresentation used in procuring enrollment or administering a course, and to assure faithful performance of the school's agreements with students. Aggregate liability never exceeds the penal sum no matter how many years the bond stays in force. The surety may cancel on 30 days written notice to the Division and is then off the hook for breaches after the cancellation date, which means the school must replace the bond before that date to keep its license.
Code of Ala. 16-46-3 exempts, among others, schools operated by a church or religious organization on a nonprofit basis, in house employee training, apprenticeship programs approved by the United States Department of Labor, schools already approved by another state regulatory body, resident schools in continuous operation for at least 20 years that held accreditation on April 29, 1980, and accredited proprietary institutions that had operated in Alabama for at least five years as of July 1, 2004. An exempt school may still ask to be licensed without posting a bond.
Every degree granting institution must be accredited by an agency recognized by the United States Department of Education or the Council for Higher Education Accreditation, or be a candidate or applicant for that accreditation. Accreditation alone does not remove the bond. The bond is waived only for schools that qualify for an exemption under 16-46-3.
The license fee is one half of one percent of the school's actual gross annual income, with a minimum of $2,750 for a degree granting school and a maximum of $17,500. A license is valid for two years from the date of issue. The Division sends renewal notice at least 60 days before expiration, and renewal materials filed after the expiration date draw a late fee of $75 per day. Degree granting schools file audited financial statements with the application.
Code of Ala. 16-46-5 sets a ceiling and leaves the actual sum to the agency under 16-46-7. The Alabama Community College System's Guidelines for Private School License effective October 1, 2024 require $50,000 from a degree granting institution and $20,000 from a non degree granting one. Confirm the current figure with the Private School Licensure Division before the bond is written.
No. Accreditation is a licensing requirement for every degree granting school, not a bond waiver. The bond is waived only for schools that qualify for an exemption under Code of Ala. 16-46-3, such as a church operated nonprofit school or an accredited institution that meets the April 29, 1980 or July 1, 2004 grandfather dates.
No. Agents who solicit students off campus need a separate agent permit under Code of Ala. 16-46-6, and the Division requires a separate $2,500 per agent surety bond on the Private School Agents Bond form. One complimentary agent permit goes to a designated owner or administrator at the principal base of operation.
The bond is continuous and does not expire on its own. The license is valid for two years from the date of issue. Renewal materials filed after expiration carry a late fee of $75 per day.
The surety prices the bond from the owner's credit and the school's financial statements. The premium is an annual charge for the guarantee, not a deposit of the $50,000.
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