Alabama Administrative Code

Public agencies must develop and implement procedures to ensure that all eligible children have an appropriate IEP based on the child's unique needs and not on the child's disability. This includes children placed in or referred to a private school or facility by the public agenc…

Each public agency must ensure that, to the maximum extent appropriate, children with disabilities ages 3-21, including children in public or private institutions or other care facilities, are educated with children who are nondisabled, and special classes, separate schooling, or…

Public agencies must take steps to ensure that children with disabilities have available the variety of educational programs and services available to nondisabled children in the area served by the agency. (1) Career/Technical Education. Each child with a disability must have an …

(1) Surrogate Parents. Each public agency must ensure that the rights of a child are protected when no parent can be identified. (a) Determination of the Need for a Surrogate Parent. A surrogate parent is needed when no parent can be identified; the public agency, after reasonabl…

When the IEP Team, including the parents, agrees to a change in placement for disciplinary reasons, there is no requirement to implement the following discipline provisions. (1) Authority of School Personnel. (a) School personnel may consider any unique circumstances on a case-by…

Each public agency must develop and implement procedures that will ensure that FAPE is available to children with disabilities from ages 3-21. (1) Residency. For children with disabilities who are not residing with their parents or who are enrolled in a program outside the jurisd…

(1) Case Manager. A special education teacher will be assigned as a case manager for a maximum number of student records to ensure the implementation of special education and related services for these students. The number of records to manage does not represent the number of stu…

(1) Definition. Intellectually gifted children and youth are those who perform or who have demonstrated the potential to perform at high levels in academic or creative fields when compared with others of their age, experience, or environment. These children and youth require serv…

(1) The Alabama Commission on Higher Education was created by Alabama law, Act No. 14, Special Session, 1969, and reenacted by Act 461, Regular Session, 1979, to ensure that the state's system of higher education would provide the citizens of Alabama with the highest possible qua…

(1) The Commission consists of 12 members, 10 appointed by the governor, one by the lieutenant governor, and one by the speaker of the house of representatives. All proposed members must be confirmed by the senate.(a) One person shall be appointed from each United States Congress…

(1) Election of Officers(a) The Commission shall annually elect from its membership a chairman and a vice chairman. (b) Such election will be held at the first regular meeting of the Commission after August 1. (c) Elections shall be presided over by the chairman, or in his or her…

(1) Meetings (a) The Commission shall hold regular meetings as provided by the annual adoption of a calendar of regular meeting dates. (b) Special meetings may be held at any time by call of the chairman or by call of two-thirds of the membership or upon call by the governor.1. F…

(1) Appointment of the Executive Director. The Commission is authorized to appoint a highly qualified person as its Executive Director who shall, with the consent and approval of the Commission, select and supervise the Commission's staff and perform such other duties as may be d…

(1) The number of employees, their compensation, and the other expenditures of the Commission shall be within the limits and in compliance with the appropriations made therefor by the legislature and within budgets that shall be approved from time to time by the Commission. (a) T…

Unless the context clearly indicates otherwise, the definitions recognized by the Commission are as follows throughout these rules: (a) Commission: The Alabama Commission on Higher Education created by Alabama Code Sections 16-5-1, et. seq. (b) Unit of Instruction: An organizatio…

(1) Purpose and Commission Responsibility. Per the Code of Ala. 1975, § 16-5-10(14), it is the responsibility of the Alabama Commission on Higher Education to establish policies and procedures for the review and approval or disapproval of all proposed postsecondary credit courses…

(1) Purpose: The purpose of reviewing new program proposals of public postsecondary institutions is to insure that such proposals meet the criteria established by the Alabama Commission on Higher Education. (2) Commission Responsibility: It is the responsibility of the Alabama Co…

(1) Purpose. The purpose of the operational policy on the approval, disapproval, deferral, and withdrawal of new programs of instruction is to ensure that all proposals for new degree programs are subject to a fair and consistent evaluation and determination. (2) Commission Respo…

(1) Purpose: The purpose of reviewing and approving or disapproving off-campus offerings of public postsecondary institutions is to ensure that such offerings meet the criteria and standards established by the Alabama Commission on Higher Education and to ensure that educational …

(1) Purpose. The purpose of reviewing extensions and alterations to existing programs of instruction is to ensure that public postsecondary institutions can make reasonable changes to their program offerings without creating new programs of instruction. (2) Commission Responsibil…

(1) The purpose of the operational policy on inactive status and reinstatement of inactive programs is to insure there is a consistent policy for placing programs on inactive status, for reinstating programs to active status, and for maintaining an accurate academic program inven…

(1) Exceptional Nature of Branch Campus Designation: Establishing a branch campus includes a long-term commitment which should not be entered into lightly. Given the large number of institutions and campuses already offering a variety of educational services in Alabama, branch ap…

(1) The purpose of the guidelines for the review and approval of the consolidation or merger of two-year postsecondary institutions is to insure that such actions are educationally and economically beneficial to the state. (2) It is the responsibility of the Alabama Commission on…

(1) Purpose. This section is intended to ensure consistency around implementation of distance education programs. (2) Commission Responsibility. Programs of instruction offered by Alabama public institutions, including distance education offerings, are subject to Commission appro…

(1) Purpose. The purpose of evaluating changes to instructional role and academic units is to ensure that institutions expand their academic offerings in line with their institutional missions and maintain academic rigor without generating unnecessary duplication of offerings. (2…

(1) Purpose Statement: Through the implementation of Act 96-557, the Alabama Commission on Higher Education will work with institutions to examine academic programs which do not produce minimum levels of graduates as established by the Alabama legislature. The goal of this effort…

(1) The Commission recognizes that liberal arts are essential to quality academic offerings at all universities. At the same time, the Commission believes that if the liberal arts are an important component of the university experience, then liberal arts programs should meet viab…

(1) Background: Act 96-557 provides that in vocational and technical programs, a student who leaves the program for purposes of gainful employment, in the same field of study as the program, having obtained the skills in said program, shall be counted as a graduate. However, the …

(1) General Definitions (a) Average Annual Graduation Rate: The average number of graduates reported on the Integrated Postsecondary Education Data System (IPEDS) completions survey. A five-year average will be calculated for four-year institutions and a three-year average for tw…

(1) In order to fulfill its responsibilities for designing and maintaining a statewide information system and for coordinating all collection requirements for the federal government which require state level coordination, the Commission requests certain information from each inst…

(1) The Commission is vested with the authority to carry out and enforce the provisions of Code of Ala. 1975, §§ 16-5-9 and 16-5-15 and to promulgate policies and procedures consistent with carrying out the required statutory functions. Notes Ala. Admin. Code r. 300-2-3-.02 Filed…

(1) The Commission is vested with the authority to carry out and enforce the provisions of Code of Ala. 1975, §16-64 and to promulgate policies and procedures consistent with carrying out the required statutory functions. (2) The Commission shall develop and maintain a list of co…

Notes Ala. Admin. Code r. 300-2-3-.04 New Rule: Filed September 6, 2007; effective October 11, 2007. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 11/3/2018. Author: Tim Vick Statutory Authority: Code of Ala. 1975, §§ 16-5-1, et_ …

(1) Purpose. It is the responsibility of the Alabama Commission on Higher Education to establish policies and procedures for administering the Academic Common Market (ACM) Program in Alabama. (2) Definition. The Academic Common Market is a consortium of 16 Southern states that be…

Notes Ala. Admin. Code r. 300-2-4-.02 Filed April 10, 1989. Repealed by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 11/3/2018. Authors: Brenda T. Carter; Paul B. Mohr, Sr. Statutory Authority: Code of Ala. 1975, §§ 16-5-1, et seq.

(1) The purpose of determining Alabama residency for the Academic Common Market is to provide an equitable opportunity for persons who are not native to the state, but who meet certain other criteria, to participate in these programs. (2) It is the responsibility of the Alabama C…

(1) The purpose of administering the Network of Alabama Academic Libraries (NAAL) is to implement the major recommendations of the report entitled "Cooperative Resource Sharing Among Universities Supporting Graduate Study in Alabama." The report was prepared in 1982 by the Commis…

Title II, Part A of the Elementary and Secondary Education Act of 1965 (ESEA) (the Act), amended in the August us F. Hawkins-Robert T. Stafford Elementary and Secondary Improvement Amendments of 1988 ( P.L. 100-297 ) and reauthorized in No Child Left Behind Act of 2001 (P.L. 107-…

The Commission on Higher Education is designated the State Agency for Higher Education (SAHE) responsible for administering Alabama's higher education programs and activities (P.L. 107-110, Section 2132). The Executive Director of the Commission is designated the certifying repre…

Any person or institution aggrieved by the actions of the Commission in its administration of these rules may, by written petition filed with the Commission within (30) days after notice of the action complained of, request a rehearing by the Commission. The Commission shall sche…

(1) The purpose of the Alabama Endowment Trust Fund for Eminent Scholars is to establish a trust fund that will provide the opportunity to 14 authorized public universities to receive grants from such a trust fund in order to create endowments for selected eminent scholars to occ…

(1) By law, Act No. 85-759, ACHE is required to administer the Alabama Endowment Trust Fund for Eminent Scholars. (2) Alabama legislature allocates funds to ACHE for the Endowment Trust Fund for Eminent Scholars. (3) Authorized universities requesting challenge grants must submit…

(1) Authorized Universities: Any of the 14 universities authorized by said statute to which ACHE is to administer the Alabama Endowment Trust Fund for Eminent Scholars. The 14 universities are: (a) Alabama A & M University (b) Alabama State University (c) Auburn University (d) Au…

(1) Distribution procedures like round-distribution schedules are based on the following interpretation of the law: that every university is given the opportunity to receive at least one grant before another university receives more than one. (2) ACHE will serve a public notice t…

(1) Institutions shall report the achievements of the Eminent Scholars Program that demonstrate the accomplishments provided by the Eminent Scholars. (2) Reports should be completed annually and submitted to the Commission on Higher Education's office by the end of each calendar …

(Repealed 11/12/02) Author: Alabama Commission on Higher Education Notes Ala. Admin. Code r. 300-4-1-.01 Filed September 30, 1982. Amended: Filed May 18, 1984; July 5, 1984. Repealed: Filed October 8, 2002; effective November 12, 2002. Statutory Authority: Code of Ala. 1975, §§ 1…

(Repealed 11/12/02) Author: Alabama Commission on Higher Education Notes Ala. Admin. Code r. 300-4-1-.02 Filed September 30, 1982. Amended: Filed July 15, 1983; July 5, 1984. Repealed: Filed October 8, 2002; effective November 12, 2002. Statutory Authority: Code of Ala. 1975, §§ …

(Repealed 11/12/02) Author: Alabama Commission on Higher Education Notes Ala. Admin. Code r. 300-4-1-.03 Filed September 30, 1982. Amended: Filed May 18, 1984. Repealed: Filed October 8, 2002; effective November 12, 2002. Statutory Authority: Code of Ala. 1975, §§ 16-33B-1, et se…

(Repealed 11/12/02) Author: Alabama Commission on Higher Education Notes Ala. Admin. Code r. 300-4-1-.04 Filed September 30, 1982. Amended: Filed January 18, 1983. Repealed: Filed October 8, 2002; effective November 12, 2002. Statutory Authority: Code of Ala. 1975, §§ 16-33B-1, e…

(Repealed 11/12/02) Author: Alabama Commission on Higher Education Notes Ala. Admin. Code r. 300-4-1-.05 Filed September 30, 1982. Amended: Filed January 18, 1983; July 15, 1983; July 5, 1984. Repealed: Filed October 8, 2002; effective November 12, 2002. Statutory Authority: Code…