Policies
Policies
Use the navigation to the right or click the title of the next section at the bottom-right of each page to move through the content of the Policies as voted upon by the NPEC Board of Commissioners.
Policy 1: Adoption, Amendment, or Repeal of a Policy
Policy 1: Adoption, Amendment, or Repeal of a Policy
- The Commission will give seven (7) days’ notice of its intended action to adopt, amend, or repeal a policy. The notice will include an exact copy of the proposed policy to be adopted, amended, or repealed and the time, date, and place at which the adoption, amendment, or repeal will be considered.
- If a non-substantive grammatical error is found in a considered policy after formal notice, that error may be corrected by a unanimous vote of the Commission.
- The formal notice will be given by publication of the notice in its entirety on the Commission's website.
- Interested persons will be given reasonable opportunity to submit data, views, or arguments in writing, and the Commission will consider such information in reaching its decision.
Approved by Commission Vote on July 29, 2019
Policy 2: Hearing and Review
Policy 2: Hearing and Review
Policy 2: Hearing and Review
- Right to Protest
- Within ten days of the giving of the notice by the executive director, any person aggrieved by a decision of the executive director respecting:
- denial of an authorization to operate, whether on initial application or application for renewal;
- conditions placed on an authorization;
- revocation or suspension of an authorization;
- the imposition of a penalty by the executive director under O.C.G.A. § 20-3-250.21 shall have the right to request a hearing and review of such decision under these procedures. O.C.G.A. § 20-3-250.15.
- The Executive Director shall provide notice to the aggrieved party of the hearing date, time, and location within 30 days of receiving notice from an aggrieved party pursuant to O.C.G.A. § 20-3- 250.15(c).
- Within ten days of the giving of the notice by the executive director, any person aggrieved by a decision of the executive director respecting:
- Hearing Officer
- Pursuant to O.C.G.A. § 20-3-250.15(d), the Commission designates the Chairman of the NPEC Board of Commissioners as the Hearing Officer. The Chairman as Hearing Officer, at his or her discretion, may appoint any number of Commissioners deemed necessary to assist in hearing cases, including hearing cases in his or her absence or conflict of interest in a particular case.
- Pursuant to O.C.G.A. § 20-3-250.15(d), the Commission further designates the Office of State Administrative Hearings (OSAH) as Hearing Officer whenever, at the sole discretion of the Executive Director, a matter involves particularly difficult or complex questions of law or fact. In such cases, the Executive Director shall promptly refer the case to OSAH and provide notice as required by paragraph 1.b. of this Policy.
- Hearings Conducted Before the Chairman.
- Nature of Proceedings before the Chairman as Hearing Officer; Procedure; Burden of Proof
- Hearings shall be only as formal as is necessary to preserve order and be compatible with the principles of justice.
- All parties shall have the right to be represented by legal counsel and to obtain the appearance of witnesses and documentary evidence. The parties shall have the right to respond and present evidence on all issues involved and to cross-examine all witnesses.
- The standard of proof concerning all issues presented in the hearing shall be a preponderance of the evidence.
- In cases commenced as a result of action or notice issued by the Executive Director for penalties under O.C.G.A. § 20-3-250.21, the Executive Director shall have the burden of proof and shall present his or her case first. In all other cases the party commencing the case shall have the burden of proof and shall present its case first.
- A hearing, or a portion thereof, may be conducted by alternate means if the record reflects that all parties have consented and that such procedure will not jeopardize the rights of any party to the hearing. Alternate means, as used here, includes remote telephonic communication methods such as two-way video-conferencing applications.
- Evidence; Official NoticeThe rules of evidence in Hearings conducted before the Chairman as Hearing Officer under this Policy shall be substantially as follows:
- Irrelevant, immaterial, or unduly repetitious evidence shall be excluded;
- The rules of evidence as applied in the trial of civil non-jury cases in the superior courts shall be followed as far as practicable;
- When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible under superior court rules may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons;
- Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of Georgia;
- A party may conduct such cross-examination as required for a full and true disclosure of the facts;
- Official notice may be taken of judicially recognizable facts and generally recognized technical facts or records within the agency's specialized knowledge. The parties shall be notified of any material so noticed and shall be afforded the opportunity to contest such material.
- Continuance and Postponements
- The Hearing Officer may on his or her own motion continue or postpone a hearing.
- Matters set for hearing may be continued or postponed within the sound discretion of the Hearing Officer upon timely motion by either party.
- Transcripts of Hearings
- Any party may request that the hearing be conducted before a court reporter.
- The request shall be in writing, and it shall include a statement by the requesting party that he or she shall procure the court reporting services for the hearing at his or her own cost and on his or her own initiative. The request shall identify the court reporter or court reporting service to be used at the hearing.
- Regardless of who makes the arrangements or requests that a transcript be made, the original transcript of the proceedings shall be submitted to the Hearing Officer prior to the close of the hearing record if the transcript is to be made part of the record.
- Nature of Proceedings before the Chairman as Hearing Officer; Procedure; Burden of Proof
- Orders of the Chairman as Hearing Officer
- After the hearing, the Chairman as Hearing Officer shall make an Order and shall promptly furnish a copy of the Order to the appellant and the Executive Director. Such Order shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
- The Order of the Chairman as Hearing Officer shall automatically become the Final Order of the Commission ten (10) days after service of the Order.
- Hearings Before the Office of State Administrative Hearings
- For cases referred to OSAH pursuant to paragraph 2.b. of this Policy, the decision of the OSAH Hearing Officer shall constitute an initial decision of the Commission.
- An initial decision will become the final decision of the Commission following the conclusion of the next meeting of the Commission that falls more than thirty (30) days from the date of the issuance of the final decision, unless a majority of the Commission votes to issue a final decision different than the initial decision or votes to extend the review period of the initial decision to the next Commission meeting following the vote to extend the review period.
- In reaching a Final Decision, the Commission may review any finding of fact, conclusion of law, or order contained in the Initial Decision. The Commission may review the complete record, including the transcript of the hearing and submitted exhibits. The Commission may also, at its sole discretion, request additional evidence from the parties. If the Commission requests further evidence, the Commission shall set forth a schedule and provide instructions regarding how the parties shall submit additional evidence.
- The Commission shall serve its final decision on all parties no later than thirty (30) days from the issuance of the final decision, or, if applicable, the initial decision becoming the final decision of the Commission.
- Right to Judicial Review
- All decisions of the Commission under this Policy shall be deemed final subject to the right of judicial review provided for by Code Section 20-3-250.16.
Approved by Commission Vote on November 28, 2022
Policy 3: Petition for Promulgation, Amendment, or Repeal of a Policy
Policy 3: Petition for Promulgation, Amendment, or Repeal of a Policy
1. Any interested person may petition the Commission requesting the promulgation, amendment, or repeal of a policy.
2. Form of Petition. Each petition for promulgation, amendment, or repeal of a policy shall be filed with the Commission in writing and shall include:
(a) The name and postal address of the petitioner.
(b) The full text of the policy desired to be promulgated or of the policy requested to be amended or repealed.
(c) A paragraphed statement of the reason for the requested action, including all pertinent facts as to the petitioner's interest in the matter.
(d) Citations of legal authorities, if any, which authorize, support, or require the action requested by petitioner.
3. Upon receipt of the petition, the Executive Director shall inquire into the matter. Acting for the Commission, the Executive Director shall, within 30 days after receipt of the petition, either deny the petition in writing stating the reasons for the denial or initiate policy making proceedings.
Approved by Commission Vote on October 28, 2019
Policy 4: Minimum Standards for Educational Institutions
Policy 4: Minimum Standards for Educational Institutions
The Commission under authority granted in O.C.G.A. 20-3-250.5(b)(2), has adopted Minimum Standards under which authorized institutions must be maintained and operated, or, in the case of an applicant for authorization, demonstrate under which it can be maintained and operated in compliance with the Minimum Standards. The Minimum Standards can be found on the Commission’s website at https://gnpec.georgia.gov.
Approved by Commission Vote on October 28, 2019
Policy 5: Criteria for Approval for Receipt of Tuition Equalization Grant Funds for Proprietary Institutions of Higher Education
Policy 5: Criteria for Approval for Receipt of Tuition Equalization Grant Funds for Proprietary Institutions of Higher Education
No proprietary institution shall qualify for receipt of tuition equalization grant funds unless such institution submits evidence to the NPEC that it meets all the following criteria:
- The institution is a baccalaureate degree granting institution of higher learning.
- The institution is domiciled and incorporated in the State of Georgia.
- The institution has met all the requirements of O.C.G.A. Section 20-3-411(2)(B)(i) by January 1, 2011.
- The institution is accredited by SACSCOC.
- The institution is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity). Institutions holding an exemption under O.C.G.A. Section 20-3-250.3(a)(6) cannot qualify for Tuition Equalization Grant Funds.
- The institution admits as regular students only persons who have a high school diploma, a general education development (GED) certificate, or a degree from an accredited postsecondary institution.
- The students of the institution are eligible to participate in the federal Pell Grant program.
- The institution has been in existence in the State of Georgia for at least ten years.
- Criteria for graduation rates, job placement rates and developmental studies placement rates will correspond to criteria for University System of Georgia institutions as established for the HOPE Scholarship program.
- The institution meets requirements for faculty and all other Minimum Standards Criteria employed by the commission in reviewing an institution for authorization to operate as provided by O.C.G.A. Section 20-3-250.5 and in GNPEC Policy 4: Minimum Standards for Educational Institutions.
- The institution is eligible to participate in all federal education programs as set forth in Title IV of the Higher Education Act of 1965, as amended. If an institution is subsequently removed from participation in any Title IV program, it will no longer be eligible for tuition equalization grant funds.
- The institution has an articulation agreement with at least one other regionally accredited baccalaureate degree granting institution to ensure that a majority of a student's credits may transfer to a regionally accredited baccalaureate degree granting institution or has the generally accepted designation in the Transfer of Credit Practices published by the American Association of Collegiate Registrars and Admissions Officers.
- The only students who will receive tuition equalization grants are students attending classes at one of the following:
- a bona fide campus,
- a satellite campus regularly operated for educational purposes by the institution, or
- a distance learning center which had been approved by NPEC.
- Neither the institution nor any of its agents will refer to tuition equalization grant funds in a false, deceptive, misleading, or unfair manner in any advertising brochure, catalog, or other promotional material.
Approved by Commission Vote on October 28, 2019
Policy 6: Procedures for Biennial Review
Policy 6: Procedures for Biennial Review
In compliance with O.C.G.A. § 20-3-250.5(e), a previously authorized program of instruction at any institution which has received accreditation by a national or regional accrediting agency recognized by the United States Department of Education may be eligible for Biennial review. The Executive Director will also consider administrative longevity, financial stability, enrollment stability, faculty longevity, the institution's record of accurate and timely reporting and the number of student complaints and way complaints are resolved.
Approved by Commission Vote on October 28, 2019
Policy 7: Collection of Tuition and Fees from Students
Policy 7: Collection of Tuition and Fees from Students
- All educational institutions must collect tuition and fees based on segments of the instructional program as described in the enrollment agreement, i.e., quarter, semester or term, as defined by the institution, but in no case more than twelve (12) months. Any cash payments made by students, promissory notes made by an educational institution, student loans or other financial aid funds received by an educational institution must be collected and disbursed in accordance with subsection (2) of this policy.
- Student loans and financial aid:
- Student loans or other financial aid funds received from federal, state, or local governments or administered under the federal student financial assistance programs governed by Title IV of the "Higher Education Act of 1965," 20 U.S.C.A. 1070 et seq., as amended, must be collected and applied in the manner as controlled by the applicable federal, state, or local regulations.
- Cash payments made by students, promissory notes made by an educational institution, student loans or other financial aid funds received from private entities including, but not limited to banks, financing companies, credit card companies, and other lending sources must be collected or disbursed in the following manner:
- Cash payments made by students, promissory notes made by an educational institution, loans or other financing payments for amounts $5,000 or less may be collected or disbursed as a single disbursement, regardless of the term length.
- For certificate-granting programs cash payments made by students, promissory notes made by an educational institution, loans or other financing payments for amounts greater than $5,000 that reflect a term of six months or less must be collected or have two (2) equal disbursements. The collection or disbursement schedule is as follows: one-half (1/2) of the tuition amount collected or released initially and the remainder collected or released halfway through the term.
- For degree-granting programs cash payments made by students, promissory notes made by an educational institution, loans or other financial payments may be collected or disbursed as a single disbursement for segments of the instructional program as described in the enrollment agreement, i.e., quarter, semester or term, as defined by the institution.
- Cash payments made by students, promissory notes made by an educational institution, loans or other financing payments for amounts greater than $5000 that reflect a term greater than six (6) months up to twelve months must be collected or have three (3) equal disbursements. The collection or disbursement schedule is as follows: one-third (1/3) of the tuition collected or released immediately, the second disbursement collected or released one-third (1/3) of the way through the term, the third disbursement collected or released two-thirds (2/3) through the length of the term.
- No educational institution may enter any contract or agreement with, or receive any money from private entities including, but not limited to banks, financing companies, credit card companies and other private lending sources unless the private entity has a disbursement policy that, at a minimum, meets the requirements of subsection (2)(b) of this policy.
Approved by Commission Vote on October 28, 2019
Policy 8: Student Complaint Process
Policy 8: Student Complaint Process
- Any person/student claiming damage or loss against an institution subject to the regulation of NPEC may file a complaint through the Commission’s website after going through and obtaining a final determination from the institution via its published complaint/grievance process. The Complaint must contain a detailed description of the claim, including dates and names of those involved. Documentation of the institution’s final determination should be included.
- The complaint shall be investigated by the Program Manager (PM). The PM shall attempt to resolve the complaint between the institution and the student. The complaint will be reviewed to determine if any violation of O.C.G.A. § 20-3-250, specifically the Minimum Standards and Criteria Nonpublic Postsecondary Education Commission Institutions, was made. A final determination will be provided to all parties.
Approved by Commission Vote October 28, 2019
Policy 9: Authorization of Massage Therapy Schools
Policy 9: Authorization of Massage Therapy Schools
In addition to meeting the Minimum Standards and Criteria established by the Nonpublic Postsecondary Education Commission for authorization, schools offering Massage Therapy Programs must also meet the requirements established by the Georgia Board of Massage Therapy. Specifically, such schools must meet the following requirements stated in the Rules and Regulations, State of Georgia, Georgia Board of Massage Therapy:
Section 345-8-.01 Curriculum Requirements
Section 345-8-.02 Faculty Requirements
Section 345-8-.03 Additional Requirements
Approved by Commission Vote October 28, 2019
Policy 10: Tuition Guaranty Trust Fund
Policy 10: Tuition Guaranty Trust Fund
In consonance with the authority granted in O.C.G.A. 20-3-250.27, the Nonpublic Postsecondary Education Commission directs the Executive Director to collect fees according to the Schedule of Fees, Tuition Guaranty Trust Fund as established by the Board of Trustees of the Tuition Guaranty Trust Fund, Nonpublic Postsecondary Education Commission as well as make payments for eligible claims.
Approved by Commission Vote October 28, 2019
Policy 11: Change of Institution Ownership
Policy 11: Change of Institution Ownership
"Owner” is defined in O.C.G.A. § 20-3-250.2 (14). In the event of an ownership change, the following steps must be taken:
- The new owner must within ten (10) business days of the official change of ownership, pay the Change in Ownership Fee as listed on the GNPEC website and notify GNPEC of the change of ownership using the GNPEC Change of Ownership Form located on GNPEC’s website at https://gnpec.georgia.gov.
- If the new owner does not notify GNPEC by submitting the form and the fee within ten (10) days of the official change of ownership, the institution’s authorization to operate shall terminate, and GNPEC will require the new owner to initiate the complete Initial Authorization Application along with the Application Evaluation Fee set forth by the GNPEC Schedule of Fees.
- In accordance with O.C.G.A.§ 20-3-250.8(f) the new owner must submit a complete Renewal of Authorization Application with all required fees (Annual Authorization and TGTF, if applicable) within thirty (30) calendar days of the official change of ownership.
- Alternatively, if the new owner does not submit the Renewal of Authorization application and fees within (30) calendar days, the institution’s authorization to operate shall terminate, and GNPEC will require the new owner to initiate the complete Initial Authorization Application along with the Application Evaluation Fee.
- In accordance with O.C.G.A. § 20-3-250.27(c)(4), following a change of ownership, a postsecondary educational institution may be required to participate in the fund for a period of up to seven years as determined by the Executive Director in his or her sole discretion.
Approved by Commission Vote May 15, 2023
Policy 12: Use of “College” or “University”
Policy 12: Use of “College” or “University”
- In accordance with O.C.G.A. § 20-3-250.7(b), no person, agent, group, or entity of whatever kind shall use the term “college” or “university” unless approved to do so by the commission, unless it falls within one of the statutory exceptions set forth in O.C.G.A. § 20-3-250.7(b).
- Pursuant to Code Section 250.5(b)(5), the commission delegates the task of authorizing use of the term “college” or “university” to the Executive Director.
- In the instance that the requestor is a postsecondary institution, it must be accredited by an accreditor recognized by the United States Department of Education to be permitted to use the term “college” or “university”.
- The Executive Director has the sole discretion to deny a name request whenever he/she determines that the use of the name is likely to be misleading or to cause confusion with the general public.
Approved by Commission Vote May 15, 2023
Policy 13: Tuition Guaranty Trust Fund (TGTF) Claims
Policy 13: Tuition Guaranty Trust Fund (TGTF) Claims
For a student to be eligible for TGTF Funds, all the following conditions must be met.
- The student:
- was enrolled in an institution that was authorized by GNPEC;
- had been enrolled during the term of the institution’s closure; and
- has suffered a financial loss as a result of the institution failing to satisfy its educational obligations.
- claims must be made within six (6) months of the date the institution ceased operations.
- Financial loss may include tuition, registration, general graduation, activity, or other fees that are required to be paid by all students where the institution did not complete the educational obligation or reimburse students (this includes advance payments). Additionally, increased costs resulting from lost transfer credit to a comparable program at another institution may be considered.
- For all claims, an application for loan discharge must be made to the appropriate federal authority for any monies paid with Federal Financial Aid. Applications for discharge/reimbursement of Federal Financial Aid which have been denied may be submitted to GNPEC to request TGTF funds to cover those non-discharged amounts. Any TGTF reimbursement of funds shall be returned to the original source of the funds to assist in satisfying the student’s outstanding loan balance rather than the TGTF funds being remitted to the student who incurred the loan obligation.
- The Board of Commissioners of the Nonpublic Postsecondary Education Commission are responsible for making the final determination of the criteria qualifying “financial loss”.
Procedure for Filing a TGTF Claim
- Student must email a TGTF claim to [email protected] within six (6) months of the official date of an institutional closure. Such initial notification to GNPEC of a potential TGTF claim must include, at a minimum:
- Student name at time of enrollment, name of closed institution and campus, dates(s) of enrollment, valid email address and phone number, nature of request for reimbursement.
- GNPEC will screen such submissions for preliminary eligibility determination. If GNPEC determines that the submission may state a valid basis for a TGTF claim, GNPEC will send the student the TGTF Claim Application form for the student to complete.
- The student must return the TGTF Claim Application form within 30 days of the form being sent to the claimant via email. The following must be included with the submission of the TGTF Claim Application:
- Documentation of financial loss as a result of the institutional closure to include the source(s) of payments, e.g. receipts from institution, loan documents, bank statements.
- Proof of enrollment at the institution, such as a transcript, during the term of the institution’s closure.
- Enrollment Agreement (if available)
- Final student accounts ledger card from the institution.
- If reimbursement is requested for a minor or for someone other than the formerly enrolled student of the institution, such as payments made by a parent or guardian, the source of such payments as well as confirmation by the student of such payment made by the non-student is required.
- GNPEC will make the final determination regarding the use of TGTF funds, following a review of the TGTF Board of Trustees.
- If approved, the student’s information will be submitted for reimbursement processing in compliance with O.C.G.A. § 20-3-250.27(g)(4).
- If denied, GNPEC will contact the student regarding which conditions for use of TGTF funds were not met.
- Decisions of the TGTF Board of Trustees to pay or deny any claim may appeal to GNPEC in accordance with O.C.G.A. § 20-3-250.27(g)(5). Within 30 days after receiving a notice of appeal, the commission shall affirm the decision of the board of trustees, modify and affirm the decision of the board of trustees, or overrule the decision of the board of trustees. Any person aggrieved by the action of the commission shall have the right to judicial review pursuant to the provisions of Code Section 20-3-250.16
Approved by Commission Vote August 29, 2022.
Policy 14: Permitted Programming of Unaccredited Institutions
Policy 14: Permitted Programming of Unaccredited Institutions
- Any institution that offers any degree in Georgia (including but not limited to associate, bachelor’s, master’s, and doctorate degrees) must be accredited by an accrediting agency recognized by the United States Department of Education or its successor. An institution in candidate status or equivalent status with an accreditor recognized by the United States Department of Education or its successor may offer degrees while showing substantial progress toward becoming fully institutionally accredited, in the sole determination of the Executive Director.
- For any unaccredited institution authorized to offer a graduate-level degree in Georgia or which has submitted a materially complete application for authorization, as determined by the Commission in its sole discretion, to offer a graduate-level degree in Georgia prior to July 1, 2020, that institution will have until July 1, 2023 to obtain accreditation with an institutional accrediting agency recognized by the United States Department of Education or its successor or be a candidate for accreditation status with an institutional accrediting agency recognized by the United States Department of Education or its successor and, in the sole determination of GNPEC, showing substantial progress toward becoming fully institutionally accredited by July 1, 2024. In the event that such an institution subject to the above deadline to obtain candidacy status by July 1, 2023 was
delayed in enrolling students as a result of the COVID-19 pandemic, the Commission will extend the deadline for the institution to obtain candidacy status to July 1, 2025, showing substantial progress toward becoming fully institutionally accredited by July 1, 2026. To receive such an extension, the institution must apply in writing to the Executive Director on or before June 15, 2023. A plan for compliance shall be included with the written extension request for the commission to monitor the status of the timeline. The Executive Director may deny, in whole or in part, the plan for compliance or require changes prior to approving the extension. - For any unaccredited institution authorized to offer a degree in Georgia prior to August 29, 2022, that institution will have until July 1, 2025 to obtain accreditation with an institutional accrediting agency recognized by the United States Department of Education or its successor or be a candidate for accreditation status with an institutional accrediting agency recognized by the United States Department of Education or its successor and, in the sole determination of GNPEC, showing substantial progress toward becoming fully institutionally accredited by July 1, 2026.
- An accredited institution will not be permitted to offer any degree program that is not directly included as part of its institutional accreditation or other programmatic accreditation recognized by the United States Department of Education or its successor.
Approved by Commission Vote August 18, 2025.
Policy 15: Program Offerings of Initial Applicants
Policy 15: Program Offerings of Initial Applicants
1. Any institution seeking initial authorization in Georgia that is not institutionally accredited by an accrediting agency recognized by the United States Department of Education is limited to the new program application of two (2) programs as part of its Application Evaluation Fee.
2. Any institution seeking initial authorization in Georgia that is institutionally accredited by an accrediting agency recognized by the United States Department of Education is limited to the new program application of ten (10) programs as part of its Application Evaluation Fee.
3. If an initial applicant seeks approval of more than the allotted programs during the initial authorization application process, the Program Evaluation Fee, in accordance with the then current published Schedule of Fees as adopted by the Commission, will apply to each additional program.
Approved by Commission Vote April 20, 2020
Amended by Commission Vote May 16, 2022
Amended by Commission Vote November 18, 2024
Policy 16: Surety Bond Requirements
Policy 16: Surety Bond Requirements
1. Pursuant to Code Section 20-3-250.8(a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission.
2. In accordance with O.C.G.A. § 20-3-250.10, an initial or renewing applicant for authorization to operate may be required to file with the executive director a good and sufficient surety bond with at least a B+ bond rating by a recognized bond rating agency in such sum as determined by the Commission in accordance with the bond amount schedule. As of July 1, 2022, required bond amounts are as follows:
Gross Tuition Minimum Bond
$ 0.00 -- $ 50,000.00................................. .......... $ 20,000.00
50,001.00 -- 100,000.00........................... ............. 30,000.00
100,001.00 -- 200,000.00.......................... ............. 50,000.00
200,001.00 -- 300,000.00........................... ............ 75,000.00
300,001.00 -- 400,000.00...................................... 100,000.00
400,001.00 -- 500,000.00...................................... 150,000.00
500,001.00 -- 1,000,000.00................................... 250,000.00
1,000,001.00 -- 2,000,000.00 ............................... 350,000.00
2,000,001.00 – 5,000,000.00…………...…..…………500,000.00
5,000,001.00—10,000,000.00…….……...…………...750,000.00
10,000,001.00 and over…………….…...…………..1,000,000.00*
*For every $10,000,000.00 of additional gross tuition reported
by the institution, an additional $1,000,000.00 of bonding shall be required.
For example, for an institution reporting $50 million in gross annual tuition,
a $5 million bond would be required. However, in the event an institution’s
financial situation is indicative of a pending closure and/or poses risk of not
fulfilling the educational obligations to students, as determined in the sole
discretion of the Executive Director, the Executive Director may cause the
institution to obtain and hold a bond higher than the minimum bond amounts
listed above, up to 100% of the reported gross tuition.
The required bond amounts are subject to change from time to time by commission vote.
Pursuant to statute and this Policy, the bond must be provided to GNPEC in substantial conformance with such forms as provided by the commission and incorporated herein by reference.
3. These forms may be updated from time to time by the Commission to reflect revisions to statute and to make administrative revisions.
4. The Executive Director is authorized, in his or her sole discretion, to require an applicant to file with the commission a surety bond if a financial assessment includes findings or notes raising concern about such applicant’s institutional internal controls or recommends that such applicant be placed on financial monitoring status.
5. An institution’s failure to maintain a surety bond as set forth herein will result in suspension and/or termination of its authorization to operate, in accordance with O.C.G.A. § 20-3-250.10 and a determination by the Executive Director in accordance with applicable law and agency policies.
6. In lieu of a bond, the Executive Director may accept an irrevocable bank standby letter of credit from a federally insured financial institution in the amount required to satisfy the bonding requirements set forth by the Commission.
Approved by Commission Vote May 20, 2024.
Amended by Commission Vote November 18, 2024
Policy 17: Use of the State Seal
Policy 17: Use of the State Seal
- In accordance with O.C.G.A. §§ 50-3-8 and 50-3-9, institutions and persons should not use the state seal (inclusive of digital, electronic, or tangible form) for any purposes, including but not limited to, marketing, advertising, and student degrees unless explicit written permission is received from the Office of the Governor.
- Requests for the use of the state seal must be in writing and must explain the proposed use of the seal and submitted to the Office of the Governor for review.
- If written permission is granted by the Office of the Governor, the institution must provide such documentation to the Nonpublic Postsecondary Education Commission if it intends to use the State Seal for any reason.
- The commission has the authority to require any unauthorized usage of the state seal to be removed immediately and reserves all rights and remedies to enforce such authority, including but not limited to, referring the matter to the Office of Attorney General.
Policy 18: Whistleblower Policy and Procedure
Policy 18: Whistleblower Policy and Procedure
The purpose of this policy is to establish a procedure for employees to report on violations of the Georgia Nonpublic Postsecondary Education Commission (GNPEC) policies and procedures or suspected violations of law. The policy applies to all GNPEC employees in accordance with O.C.G.A. § 45-1-4.
GNPEC is administratively attached to the Georgia Student Finance Commission (GSFC); therefore, GNPEC has adopted the framework of GSFC’s Whistleblower policy and procedure through which concerns or complaints involving GNPEC’s accounting, internal accounting controls, auditing matters, violations of GNPEC’s policies and procedures, as well as complaints regarding possible violations of law may be reported as set forth herein. The primary responsibility to receive such concerns or complaints will be with the GNPEC General Counsel and the secondary responsibility will be with GSFC Human Resources ([email protected]).
It is GNPEC’s policy to comply with all applicable laws that protect employees against unlawful discrimination or retaliation as a result of their lawfully reporting information regarding, or their participation in investigations involving corporate fraud or other violations by GNPEC staff or its agents of federal or state law. This policy prevents any employee from being subject to disciplinary or retaliatory action by GNPEC or any of its employees or agents as a result of (1) the employee disclosing or submitting information to a government or law enforcement agency, GNPEC’s General Counsel, or other party with responsibility under this policy, where the employee has a reasonable belief that a violation or possible violation of federal or state law has occurred or is occurring, and/or (2) an employee providing information or assistance in an investigation or proceeding regarding any concern or complaint. This policy will be communicated to staff by the Executive Director.
Specifically, relevant concerns or complaints submitted through this process that involve concerns by employees regarding questionable auditing practices, internal accounting controls, violations of GNPEC’s policies and procedures, or possible violations of law pertaining to GNPEC should be presented in writing to GNPEC’s General Counsel. Attached to this notice is a form that employees may use to submit concerns regarding such questionable practices. All such submissions by employees will be thoroughly reviewed and investigated. If the employee submits his or her name with the concern or complaint, he or she will receive a response upon completion of the investigation. Alternatively, a complaint may be filed directly with the Office of the Inspector General (OIG) by email ([email protected]) or by writing to the Inspector General at 2 Martin Luther King, Jr. Drive, SW, 1102 West Tower, Atlanta, GA 30334.
GEORGIA NONPUBLIC POSTSECONDARY EDUCATION COMMISSION EMPLOYEE SUBMISSION REGARDING QUESTIONABLE ACCOUNTING, AUDITING, OR OTHER MATTERS
To: GNPEC General Counsel
Email: [email protected]
Telephone: (770) 724-9019
Concerns regarding questionable auditing practices, internal accounting controls, violations of the Agency’s policies and procedures, or possible violations of law:
____________________________________________________________
____________________________________________________________
____________________________________________________________
If additional space is required, please continue using the other side of this sheet or attach an additional page. To enable the GNPEC General Counsel to communicate with you, you are encouraged to provide your name, address, and a telephone number where you can be reached during the day or evening. You have the right, however, to make the above submission on an anonymous basis.
Employee Name (optional) ____________________________________________________________
Address (optional) ____________________________________________________________
City, State, Zip (optional) ____________________________________________________________
Daytime or evening telephone number (optional) ____________________________________________________________
Approved by Commission Vote January 24, 2022.