Ala. Admin. Code r. 810-3-61-.06 - Notice Of Nonpublic School To The Department Of Its Intention To Participate In The Scholarship Program
(1) Scope. Act 2013-64, as amended by Acts
2013-265 and 2015-434, imposes eligibility requirements on nonfailing public
schools and nonpublic schools wishing to receive scholarship grants for
eligible students. Further it limits eligibility for the parent tax credit
pursuant to Section 8 of the Act to nonfailing public schools outside the
resident school district and to nonpublic schools notifying the Department of
their intention to participate in the scholarship program. This rule prescribes
the procedure for a nonpublic school to apply for participation in the
scholarship program.
(2) The
Department will create a web-based portal where nonpublic schools wishing to
participate in the scholarship program may register their intent with the
department. Registration is not required of nonfailing public schools desiring
to participate in the program. The Department presumes that any school that
registers to participate in the scholarship program is exhibiting "good faith"
intent to accept scholarship students. Any misrepresentation, omission of
facts, or fraud in securing scholarship funding will suspend the school from
receiving any further scholarship funds.
(3) A nonpublic school registering with the
department must indicate that it is willing to abide by all statutory and
regulatory requirements of the program, and that it is willing to file and
furnish all forms and information required by the SGO and the Department
including financial and academic information, as well as all other required
information. Academic information reporting requirements pertaining to the
statutory requirements referenced above are limited to those students attending
the nonpublic school who are receiving educational scholarships under the
Alabama Accountability Act. Failing to administer required tests, provide
required tests results or other intentional and substantial failure to comply
with the requirements of the program will bar the qualifying school from
participation in the program. Any qualifying school barred from participating
in the Tax Credit Scholarship Program for non-compliance may be reinstated upon
correcting any reporting deficiencies or required certifications and providing
a statement as to how the problems occurred and have been resolved. Once
received the Department will make a determination as to reinstating any school
which has been disqualified from the program.
(4) A nonpublic school registering with the
department must furnish the name of the accrediting agency by which it is
accredited.
(5) If the nonpublic
school is not accredited by one of the allowed accrediting agencies, then it
must provide the following:
(a) Years in
existence (which must be at least three years).
(b) The address of the school's web site that
describes the school, its instructional programs, and the mandatory tuition and
fees charged by the school (which must be updated prior to the beginning of
each semester).
(c) Average daily
attendance for each of the last two years.
(d) Number of days in the school year (which
must be at least 180 days or the hourly equivalent of 180 days).
(e) Length of the school day (minimum of six
and one-half hours).
(f) The number
of credits required of students in grades 9-12 before graduation (minimum of
24).
(g) The number of such
Carnegie credits required in core subjects (minimum of 16).
(h) A statement as to whether the school
requires the Stanford Achievement Test, or its equivalent of all
students.
(i) A statement as to
whether the school requires all candidates for graduation to take the American
College Test.
(j) A statement as to
whether the school allows special education students to follow an individual
plan of instruction that is different from regular education
students.
(6) If the
nonpublic school is not accredited by one of the allowed accrediting agencies
and has not been in existence for at least three years, the school shall still
qualify to participate in the scholarship program if all the requirements of
paragraphs (b) through (j) above are satisfied in addition to the nonpublic
school operating under the governance of the board of directors equivalent
thereof of an accredited nonpublic school. Governance shall include curriculum
oversight, personnel and facility management, and financial
management.
(7) If, at the end of
the three year governance period the nonpublic school has still not obtained
accreditation status, the nonpublic school shall no longer be considered a
qualifying school and shall not be eligible to receive any scholarship funds
from any SGO until such a time as the nonpublic school obtains proper
accreditation as required by this Act.
(8) The Department will create a web-based
listing of the participating nonpublic schools, and the SGO must ensure that a
nonpublic school is listed before a scholarship award is paid to the nonpublic
school for an eligible student.
(9)
The Department will create a web-based listing of the accredited nonpublic
schools registered for participation in the scholarship program. Parents of
public school students transferring the students to these schools may be
eligible for the parent tax credit pursuant to Section 8 of the Act.
Notes
Authors: Curtis Stewart, Neal Hearn
Statutory Authority: Code of Ala. 1975, ยงยง 40-2A-7(a)(5), 16-16D-1.
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