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ALABAMA STATUTES AND CODES

Section 16-46-1 Definitions.

Section 16-46-1

Definitions.

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them by this section:

(1) COURSE. Any course, or portion of a plan or program of instruction, whether conducted in person, by mail, or by any other method.

(2) SCHOOL. Any person, group of people, institution, establishment, agency, or organization offering or administering a plan, course, or program of instruction whether conducted in person, by mail, or by any other method.

(3) PRIVATE SCHOOL. Operation of either profit or nonprofit entity as opposed to publicly owned or operated schools.

(4) AGENT or REPRESENTATIVE. Salesperson who presents materials, sells courses, or solicits students for enrollment therefor in this state outside the boundaries of the school facilities.

(5) LICENSE. A private school license identifying the name and location of the school and establishing the courses which may be offered thereunder.

(6) PERMIT. A pocket card issued to a representative providing identification as an authorized agent of a school.

(7) ECONOMIC FRAUD. The sale of courses or programs of study which an institution is unable or unwilling to provide as advertised or described because of inadequate financial stability, facilities, instructional staff, or commitment to honor written or verbal contracts made with students. Included is the solicitation of students for enrollment through intentional deception or misrepresentation of fact and the use of advertising which is known to be false, inaccurate, or misleading. Failure to properly administer student cancellation and refund policies according to appropriate regulations or agreements made with students shall also constitute economic fraud.

(8) ACADEMIC FRAUD. Courses offered are insufficient in quality, content, or administration to achieve the stated or implied educational objective. Persons offering such courses who know or reasonably should know that said courses cannot achieve the stated or implied educational objective shall be considered to be involved in academic fraud.

(9) RESIDENT PRIVATE SCHOOL. A school which is domiciled within Alabama and has established for a period of three years permanent administrative and management facilities in this state.

(10) PRINCIPAL BASE OF OPERATIONS. A school which has established a main campus in Alabama. Administrative and managerial support and physical plant facilities are maintained continuously in this location. Franchises chartered independently of parent corporations may be accorded this status provided they comply with the residency requirements.

(11) CHURCH SCHOOL. A school operated by a local church, group of churches, denomination, and/or association of churches on a nonprofit basis.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §§2, 3; Acts 1980, No. 80-272, p. 349, §1.)

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