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Every recruiter or admissions representative who sells courses or signs up students away from an Alabama private school's premises needs an agent permit, and the Alabama Community College System requires a $2,500 surety bond for each one. The bond is small, is written on the Division's own form with the school as principal, and is usually issued the same day, so it rarely holds up a permit. Order it as soon as the agent is hired.
Alabama requires a $2,500 surety bond for each agent who solicits students or sells courses on behalf of a licensed private postsecondary institution, under Code of Ala. 16-46-6 and the Alabama Community College System Guidelines for Private School License effective October 1, 2024. The bond is written on the Private School Agents Bond form, payable to the Alabama Community College System as Trustee, with the school as principal and the agent named as its representative. It is separate from the school's own $20,000 or $50,000 performance bond.
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The Private School Agents Bond form issued by the Alabama Community College System names the school, whether a corporation, partnership or individual owner, as the principal and then identifies the individual agent as the school's representative. The amount is $2,500 per agent. Code of Ala. 16-46-6 puts the duty on the entity using agents to indemnify any student who suffers a loss from fraud or misrepresentation used by an agent in procuring enrollment, and the Division's guidelines satisfy that duty with $2,500 of surety per agent. A school with three recruiters carries three agent bonds, or blanket coverage sized for three, on top of its own school performance bond.
Under 16-46-6 no person representing a private postsecondary institution may sell a course or solicit students in Alabama for compensation unless an agent permit is first secured from the Division. The guidelines phrase it as representing the school outside the boundaries of its facility. Staff who only handle enrollment on campus are not agents. One complimentary agent permit may be issued to a designated owner, director or managerial person of each licensed school identified as a principal base of operation. The permit fee is $100 for an initial permit and $50 for a renewal, and a permit is valid for two years from the date of issue.
The form conditions the bond on indemnifying students for losses from breach of contract, fraud or misrepresentation in enrollment or the conduct of courses, limited to refunds of tuition and fees due the aggrieved student. Aggregate liability never exceeds $2,500. The surety may cancel on 30 days written notice to the Alabama Community College System and is then relieved of liability for breaches after the cancellation date, so a replacement bond must be in place before an agent keeps working.
The Division may place an agent permit on probation or suspend or revoke it if the holder solicits or enrolls students through fraud, deception or misrepresentation. A paid bond claim is the kind of event that leads to that review, and the school remains liable to the surety for anything the surety pays.
The school. The Alabama Community College System's form names the school as principal and lists the agent as its representative. Code of Ala. 16-46-6 places the duty to indemnify students for an agent's fraud or misrepresentation on the entity using the agent.
A designated owner, director or managerial person at each licensed school's principal base of operation may receive one complimentary agent permit under 16-46-6. Ask the Private School Licensure Division whether the $2,500 bond is required with that complimentary permit before buying it.
The guidelines describe the coverage as $2,500 per agent in blanket surety coverage, and the Division's form has a line for one named agent. A school with several recruiters should ask the Division whether it will accept a single blanket bond sized at $2,500 times the number of agents or wants a separate form for each.
Two years from the date of issue under Code of Ala. 16-46-6. The initial permit fee is $100 and the renewal fee is $50 under the guidelines effective October 1, 2024. The bond stays in force until cancelled on 30 days written notice.
The surety prices it from the school owner's credit. At $2,500 the premium is a small annual charge and most applicants are approved without financial statements.
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