AGO 1996-139.

• Case Date: February 23, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-139. 1996-139February 23, 1996Honorable Ed Richardson State Superintendent of Education State of Alabama P. O. Box 302101 Montgomery, AL 36130-2101 Education, Department of - Private Schools - Licenses and Permits - ExemptionsA private proprietary school which has a physical presence in the state, but conducts education programs outside the borders of the state, serving non-Alabama residents is required to be licensed under the Private School Licensure Law. Alabama Code, __ 16-46-1, et seq. (1975). A private proprietary school which has a physical presence in Alabama and does not solicit Alabama residents as students or provide educational services to Alabama residents is required to be licensed under the Private School Licensure Law.Dear Dr. Richardson: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTIONS 1. Can a private proprietary school which has a physical presence in the State of Alabama conduct education programs outside the borders of the state, serving non-Alabama residents without being first licensed under Alabama Code, _ 16-46-1 (1975)? 2. Can a private proprietary school which has a physical presence in Alabama and which does not solicit Alabama residents as students or provide educational services to Alabama residents conduct educational programs without first being licensed under the Private School Licensure Law? FACTS AND ANALYSIS The facts of your request reveal that the Department has received requests from private schools for exemptions from licensure under the Private School Licensure Law, Alabama Code, __ 16-46-1, et seq. (1975). The requests are premised upon a situation which arose in the early 1980s regarding the Dr. Clayton's School of Naturopathy. The school maintained an office in the state but agreed not to solicit or enroll Alabama residents. Based upon these circumstances, the Department was instructed to treat the school as exempt from licensure. It appears the Department's concern remains the schools operated by Dr. Clayton. Information provided by the Department indicates Dr. Clayton has more than one school in the state, all being correspondence schools offering various types of degrees. Some of the schools include the American Institute of Computer Science, Chadwick University...