Alabama State Department of Education (ALSDE)
July 11 & 12, 2013
John S. Bell, Ed. D.
Office of Teaching and Leading
Thomas
R.ofBice
Alabama
Department
Education
Powerpoint Templates
State Superintendent
of Education
Dennis Coe
Director of Supporting Programs
dcoe@alsde.edu
Chris Wilson
Program Administrator, Non-Public Schools
cwilson@alsde.edu
Marvin Taylor
Accountant Manager, Non-Public Schools
mtaylor@alsde.edu
Sabrina May
Program Specialist, Non-Public Schools
smay@alsde.edu
Donna Cannon
Administrative Assistant
dcannon@alsde.edu
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Please:
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Sign-in legibly and provide accurate contact information
Silence mobile devices
Take personal break as needed
Refrain from refreshments in auditorium
Submit questions w/legible contact information on
index cards provided
Restrooms in foyer by auditorium & cafeteria
No Internet availability in auditorium
Training PowerPoint & handouts available online
Expired meter parking = Likely parking ticket
Meeting will end on time
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Welcome/Introductions/Housekeeping
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Today’s Purpose
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Statutory Governance of Non-Public Alabama Schools
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Differences in Non-Public Entities
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Alabama Administrative Code
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Private School Licensure
Application Procedures
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Private School License
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Deferred/Waiver License
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Certificate of Exemption
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Licensure Fee Schedule
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Questions and Answers
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Rules and Regulations for Private Schools and Church
Schools in Alabama Handbook
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Based on Code of Alabama and Alabama Administrative Code
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ALSDE Memorandum – July 9, 2013
Statutory Governance of Non-Public Schools
Application Procedures
Non-Public School Fee Schedule
Federal and State Recognized Accrediting Agencies
Governance of Homeschooled/Private-Tutored Students
Non-Public School Forms
PowerPoint Presentation
Available August 1, 2013
For the most current ALSDE Non-Public School (NPS) rules
and regulations, NPS handbook, documents, forms,
PowerPoint presentations, and all other NPS
information, go to the ALSDE Office of Supporting
Programs, Non-Public Schools at:
https://ap.alsde.edu/index.aspx
Please save to your favorites!
Office of Supporting Programs
Non-Public Schools
Telephone: 334-242-9728
Provide all non-public entities with the
statutory information and guidance
necessary to operate a non-public school
in the state of Alabama
Statutes and Laws Regulating Alabama Non-Public Schools
Code of Alabama (1975)
Alabama Administrative Code
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The Alabama State Board of Education and the Alabama State Department of Education do
not discriminate on the basis of race, color, disability, sex, religion, national origin, or age
in its programs, activities, or employment and provides equal access to the Boy Scouts and
other designated youth groups. The following person is responsible for handling inquiries
regarding the non-discrimination policies: Title IX Coordinator, Alabama State Department
of Education, PO Box 302101, Montgomery, AL 36130-2101, telephone (334) 242-8165.
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AAC = Alabama Administrative Code
ACCESS = Alabama Connecting Classrooms Educators
and Students Statewide
ACSI = Association of Christian Schools International
AIM = ALSDE Identity Management
AISA = Alabama Independent School Association
AL = Alabama
ALSDE = Alabama State Department of Education
ADOR = Alabama Department of Revenue
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Code of AL = Code of Alabama (1975)
ED DIR = ALSDE Online Education Directory
IS = ALSDE Information Systems
LEA = Local Education Agency
NCSA = National Christian School Association
NPS = Non-Public Schools
SAIS = Southern Association of Independent Schools
STI = Software Technology Incorporated
USDOE = United States Department of Education
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Apply and Obtain:
Certificate of Licensure (page 6)
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Valid two (2) years
Certificate of Exemption (page 7)
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Valid three (3) years
Deferred License (page 12)
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Valid *one (1) year
*No more than three (3) consecutive deferred licenses
may be issued to an applicant.
Certificate of Licensure
Upon satisfactory application, a Certificate of Licensure is to be
issued to a private school pursuant to the legal requirements set
forth in the Code of Alabama (1975), as implemented by the
respective regulations in the Alabama Administrative Code, Rule
290-3-5-.01, et seq.
General Statutory Provisions
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Private school = include those holding certificate issued by State
Superintendent of Education
No K-12 school, unless exempt, may operate without a license from
the ALSDE
Certificate of Licensure valid two (2) years from date issued
Licensure represents authority to operate educational institution in
AL
Certificate of Licensure continued
Upon satisfactory application, a Certificate of Licensure is to be issued to
a private school pursuant to the legal requirements set forth in the Code
of Alabama (1975), as implemented by the respective regulations in the
Alabama Administrative Code, Rule 290-3-5-.01, et seq.
General Statutory Provisions continued
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Annually, on or before October 10, all private schools (except church
schools) register and report certain data to ALSDE
Licensure may not be advertised as endorsement or
recommendation, but implies compliance with Alabama laws
ALSDE may invoke negative actions if licensee school solicits/enrolls
students or administers instructions via fraud, deception,
misrepresentation
Certificate of Exemption
Upon satisfactory application, a Certificate of Exemption is to be
issued to an exempt school pursuant to the requirements set forth in
the Code of Alabama (1975), as implemented by the respective
regulations in the Alabama Administrative Code,
Rule 290-030-050-.01, et seq.
General Statutory Provisions
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Exemption not be construed as approval or endorsement by the
State of AL
Private schools that are exempt may voluntarily request licensure
Licensed Non-Public Schools
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License valid two (2) years
Accredited by state-recognized accrediting agency
Have allowable credits accepted by state colleges and
universities
Have bonds to cover contractual agreements of parents
Have licensed agents to solicit funds
Have curriculum comparable to ALSDE recognized educational
standards
Have certified teachers teaching courses they are licensed to
teach
Have specific policies to protect parents and students
Meets all local building and zoning codes
Maintains personal data records
Are monitored by SDE for compliance
Exempt Schools
 Certificate valid three (3) years
 May have allowable credits accepted by colleges and universities
 Church schools provide evidence establishing parochial or religious
affiliation, non-profit status, and official catalog listing courses and
programs of study
 May or may not have certified teachers licensed to teach courses
Exempt Schools continued
Exempt schools may be:
 A church/parochial school
 A school operated by a community educational
organization, or group of parents that is organized as
a non-profit educational corporation
 A private school in operation and nationally
accredited continuously since July 1, 1984
Private Tutor
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Courses must be taught
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By persons holding valid AL teaching certificate in
branches of study taught
Three (3) hours/day for 140 days per calendar year
Must
Use English language for instruction
 Report to the local superintendent of education
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Courses
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May or may not be accepted by colleges, universities,
public or non-public schools
Any license shall be denied, deferred, suspended, or revoked if
information or materials specified by Alabama Administrative
Code Chapter 290-030-050 is not provided. Similar action shall be
taken against schools found in violation of Code of Alabama
(1975), Title 16, Chapter 46 or for failure to comply with Alabama
Administrative Code Chapter 290-030-050.
NOTE
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Deferred license valid for one year
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ALSDE may issue up to three (3) consecutive deferred licenses to a
school
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No private school except those enumerated in Code
of Alabama (1975), §16-46-3, with supporting
documentation as prescribed by Alabama
Administrative Code, r. 290-3-5-.03, shall operate
within the state of Alabama unless a license is first
secured from the Alabama State Department of
Education. All private schools seeking licensure
shall submit the following:
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Complete application forms available August 1, 2013 at
https://ap.alsde.edu/index.aspx
as follows:
 License Application (Form PS-1)
 School Performance Surety Bond (Form PS-2)
 School Licensed Agent Surety Bond (Form PS-3)
 School Personnel Data (Form PS-4)
 Agent’s Permit Application (Form PS-5)
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Teacher Certification Assurance (Form PS-6)
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Provide documentation to ALSDE, to include but not limited to:
 *Certificate of Existence
*Out-of-state or online organizations only
 Accreditation Certificate
 School Contact Information
 Statement of School Training Objectives
 Tuition and Refund Policy
 Student Grievance Policy
 Attestation Affidavit – School Facility Local Building Code
Compliance
 Most recent school financial audit
 *License fee
*Note special instructions for out-of-state or online educational
providers (Page 9, #7)
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An application will not be considered complete unless all
items above are received by the Alabama State Department
of Education. The deadline for submitting a completed
application is October 10 of each license period.
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No private school except those enumerated in the Code of
Alabama (1975), §16-46-3, with supporting documentation
as prescribed by the Alabama Administrative Code, r. 290-35-.03, shall operate within the state of Alabama unless a
license is first secured from the Alabama State Department
of Education.
Conditions and exceptions stated in the Alabama
Administrative Code, r. 290-3-5-.03, shall not apply to
certain "exempt schools" that meet the criteria for
exempt status enumerated in the Code of Alabama
(1975), §16-46-3. Such "exempt schools" shall retain
their exempt status only as long as the conditions of
exemption remain valid. Schools seeking to be
declared as an “exempt school” shall submit the one of
the following three documents to the Alabama State
Department of Education:
Applicants for “exempt school” status will provide:
 Non-profit articles of incorporation or evidence establishing
parochial or religious affiliation
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Appropriate license/certificate/approval by other state
boards/commissions/agencies requiring school licensure
and/or performance bonding
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Charter or articles of incorporation demonstrating school
was in operation/accredited accrediting agency recognized
by United States Department of Education continuously as of
July 1, 1984.
Applicants for “exempt school” status will submit the
following documents to ALSDE:
 Charter or articles of incorporation with by-laws
establishing non-profit operation
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License Application (Form PS-1)
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Certificate fee
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An application will not be considered complete unless all
items above are received by the department. Any school
seeking exempt status that cannot provide all necessary
documentation must follow procedures for seeking a private
school license. The deadline for submitting a completed
application is October 10 of each license period.
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No private school except those enumerated in the Code of
Alabama (1975), §16-46-3, with supporting documentation
as prescribed by the Alabama Administrative Code, r. 290-35-.03, shall operate within the state of Alabama unless a
license is first secured from the Alabama State Department
of Education.
The Code of Alabama (1975), §16-46-5(k), provides
that any license applied for pursuant to this section
shall be granted, deferred, or denied within 28 days of
the receipt of the application by the Alabama State
Department of Education. Under extenuating
circumstances as approved by the State Superintendent
of Education, schools submitting an incomplete
application as of October 11 may be eligible to obtain
a deferred license. The procedure for obtaining a
deferred license is:
Deferred license applicants will submit:
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Formal written request that includes:
 Areas on license application that documentation cannot be
provided
 Corrective action plan to address unavailable
documentation
 Statement of assurance that any/all deficiencies will be
resolved in *timely manner
* Not to exceed three (3) years from date of issuance of
deferred license
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Performance surety bond (Form PS-2)
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Certificate of Existence
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License Fee
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Each deferred license is valid for one (1) year.
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Applicants may be issued no more than three (3) consecutive
deferred licenses.
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An application will not be considered complete unless all items
above are received by the department.
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The deadline for submitting a completed application is October
10 of each license period.
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No private school except those enumerated in the Code of
Alabama (1975), §16-46-3, with supporting documentation as
prescribed by Alabama Administrative Code, r. 290-3-5-.03,
shall operate within the state of Alabama unless a license is
first secured from the Alabama State Department of Education.
License Fee (Two Year)
Initial Private School K-12
$500
Out-of-State or Online Provider
$2,500 Initial year; thereafter, ½ of 1% of
annual gross income from Alabama
students, not less than $2,500 and not to
exceed $15,000
Renewal Private School K-12
$100 per extension or branch office
Private School K-12
Deferred License (One Year)
$500
Certificate of Exemption (Three Year)
Church Schools/Exempt Schools
$500
State Agent
Initial and Renewal State Agent Permit
$100
Alabama Treatment Center Endorsement Fee
Endorsement Fee (Three Year) for State$0
Important Fee Information
 Fees are due at the time of application or request; provide gross
tuition documentation.
 Fees are nonrefundable.
 Fees should be made payable to the “Alabama State Department
of Education.”
 The Alabama State Department of Education reserves the right to
adjust fees based upon the cost to enforce the requirements of
the Private School/Treatment Center Division.
 No personal checks accepted; please send cashier’s check or
money order if not completed online.
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Accrediting Council for Continuing Education and Training
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Accrediting Council for Independent Colleges and Schools
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Commission of Career Schools and Colleges
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Council on Occupational Education
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Distance Education and Training Council, Accrediting Commission
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Middle States Commission on Higher Education
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Middle States Commission on Secondary Schools
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New England Association of Schools and Colleges, Commission
on Institutions of Higher Education
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New York State Board of Regents, and the Commissioner of
Education
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North Central Association of Colleges and Schools, The Higher
Learning Commission
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Northwest Commission on Colleges and Universities
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Southern Association of Colleges and Schools, Commission on
Colleges
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Transnational Association of Christian Colleges and Schools,
Accreditation Commission
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Western Association of Schools and Colleges, Accrediting
Commission for Community and Junior Colleges
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Western Association of Schools and Colleges, Accrediting
Commission for Senior Colleges and Universities
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Alabama Independent School Association (AISA)
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National Christian School Association (NCSA)
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Association of Christian Schools International (ACSI)
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Southern Association of Independent Schools (SAIS)
For a student to be “homeschooled” in Alabama, the
following criteria must be met:
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Student must be enrolled in “homeschool” setting authorized by
entity holding a current AL Certificate of Exemption of Private
School License
OR
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Student must be instructed by a private tutor
Requirements for authorized non-public entities are found in
the Rules and Regulations for Private Schools and Church
Schools in Alabama Non-Public Schools Handbook
Private Tutor Requirements
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Must hold ALSDE issued certificate in branches of study
required to be taught in Alabama public schools
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Instruction must be a minimum of three (3) hours/day
for 140 days each calendar year between 8 a.m.– 4 p.m.
Ala. Code §16-28-5, §16-28-7, §16-28-8, §16-28-11, §16-28-23
Reporting Requirements
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Following must be filed with local education agency superintendent
where student resides:
 Statement of student(s) instructed
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Subjects taught
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Instruction time and frequency
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Register of daily work hours of instruction
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Student registry, enrollment, attendance, absence (Report, Page 21)
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Local superintendent, church school administrator, and parent
signatures on appropriate forms and documents
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Notification to local superintendent if/when a student withdraws
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The ALSDE will rely upon the “parent” organization
to help local boards of education ensure
compliance with the compulsory attendance laws.
Upon a report filed by the LEA, issues of reported
non-compliance will be investigated by the ALSDE.
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Appendix A: Non-Public School Forms
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Form PS-1: License Application for NPS
Form PS-2: NPS Performance Bond
Form PS-3: NPS Agent Bond
Form PS-4: Application for Licensure
 Administrators and Instructors Personnel Data
Form PS-5: Application for Agent Permit
 Form PS-6– Statement of Assurances for Certified
Teachers
 New NPS Site Information
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Appendix B: Alabama Administrative Code
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Statewide distance learning initiative providing high-quality
classroom courses and teachers via technology
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Fall 2006
 Full implementation ensured that Alabama students, especially
those in smaller, rural schools, would have the ability to take
advanced level courses and electives that might not otherwise
be available to them
Website
www.accessdl.state.al.us
Program Administrator
Larry Raines
lraines@alsde.edu
January 2014 - Tentative NPS Availability
Registration required for schools and students electing to take
ACCESS courses
 ACCESS Costs
 $315 - 0.5 Credit Equivalent
 $250 - Support Center Costs
 $150 – Teacher Pay
 $100 - Administrative Costs
 Training for Administrators, Counselors, and Facilitators
 $65 - Resources
 Learning Management System, Registration System,
Individual Course Resources
 Fee Collection
 Electronically collected via ALSDE agent from school, not
students
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Course Drop Date – Determines total costs for school
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Fees are Non-Refundable
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Courses available for Grades 9-12
 Advanced Placement courses require textbook
supplied by school
 Course List and Catalog available via ACCESS
website at http://accessdl.state.al.us
Note: Schools electing to participate must fully implement the Stateapproved student information system. (INow)
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Purpose – to establish a platform by which non-public
schools can provide suggestions and request assistance
from the ALSDE
Who – One Representative from each of the various
state non-public associations and the Administrator of
Non-Public Entities from the ALSDE
What – discuss present and future needs, (professional
development, teacher licensure, etc.)
Why – to improve the relationship between non-public
schools and the ALSDE and to provide a better quality
education for all Alabama students
Where - TBA
dc
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Website opens August 1
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AIM and/or ED DIR?
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Training?
STI ???
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All CURRENT/UPDATED NPS materials
Training
ACCESS??
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Will contain a list of all non public educational
entities legally operating in the state of Alabama.
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Will be identified as holding a License, Deferred
License, or Certificate of Exemption.
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Will identify all non-public entities authorized to
issue a diploma and credit in the state of Alabama.
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Entities not holding a License, Deferred License, or
Certificate of Exemption will not have credits or
diplomas recognized by any state K-12, 2 year, or 4
year institution.
No licensed private school, no public school, and no
college or university subject to the State Board of
Education shall accept credits from a school which
was not exempted, entitled to an exemption, or
licensed as required under the provisions of Code of
Ala. 1975, Title 16, Chapter 46 when educational
credentials were conferred.