provided, however that any orthodontic school and residency program meeting the requirements of this subparagraph after March 1, 2019, shall be required to maintain and to provide proof of a surety bond or letter of credit annually to the commission in an amount of $450,000.00 for five years after the date from qualification for the exemption provided for in this subsection; and
History. Code 1981, § 20-3-250.3 , enacted by Ga. L. 1990, p. 1166, § 3; Ga. L. 1991, p. 980, § 1; Ga. L. 1991, p. 1165, § 1; Ga. L. 1992, p. 2198, § 1; Ga. L. 1992, p. 2615, § 2; Ga. L. 1994, p. 1282, § 2; Ga. L. 2002, p. 1414, § 2; Ga. L. 2015, p. 83, § 2/HB 353; Ga. L. 2015, p. 103, § 2-1/HB 372; Ga. L. 2018, p. 724, § 1/HB 448; Ga. L. 2019, p. 657, § 1/SB 91; Ga. L. 2021, p. 505, § 1/HB 152; Ga. L. 2022, p. 378, § 2/SB 333.
The 2015 amendments.
The first 2015 amendment, effective July 1, 2015, added “regardless of the age of the student” at the end of paragraph (a)(1); substituted “operated, governed, or licensed” for “operated, and governed” in the middle of paragraph (a)(4); added the proviso at the end of paragraph (a)(10); deleted former paragraph (a)(11), which read: “Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic institute of paper science and technology offering graduate degrees and which is allied with a public research university and accredited by a national or regional accrediting agency recognized by the United States Department of Education;”, redesignated former paragraphs (a)(12) through (a)(15) as present paragraphs (a)(11) through (a)(14), respectively; added the last two provisos in paragraph (a)(11); substituted “$1,000.00” for “$400.00” twice in paragraph (a)(12); and added the last two provisos in paragraph (a)(14). The second 2015 amendment, effective July 1, 2015, deleted “prior to July 1, 1989,” preceding “and is accredited” near the end of paragraph (a)(10).
The 2018 amendment, effective May 7, 2018, in subsection (a), in the introductory paragraph, substituted “institutions shall be” for “institutions are” in the middle, and added “and upon qualification with the commission pursuant to subsection (e) of this Code section” at the end; substituted the present provisions of paragraph (a)(7) for the former provisions, which read: “Subject to the requirements of subsection (c) of Code Section 20-3-250.6, nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools”; inserted “or that if previously exempt under this subsection as a proprietary institution has subsequently changed to operate in a nonprofit status” near the middle of paragraph (a)(14); and added subsection (e).
The 2019 amendment, effective July 1, 2019, rewrote paragraph (a)(13), which read: “Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; and”.
The 2021 amendment, effective July 1, 2021, substituted the present provisions of paragraph (a)(8) for the former provisions, which read: “Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation;”.
The 2022 amendment, effective July 1, 2022, in paragraph (a)(2), inserted “in its sole discretion, not for granting degrees and” and substituted “or developed and licensed by an industry recognized certification provider, so recognized by the commission in its sole discretion, not for granting degrees” for “not granting degrees” at the end; in paragraph (a)(3), inserted “or short courses,” and “in its sole discretion” and substituted “offering such education not for granting degrees” for “, not granting degrees, offering such education exclusively” at the end; and inserted “or through employment experience” in paragraph (a)(9).
Code Commission notes.
Pursuant to Code Section 28-9-5, “ Code Section 20-3-250.27” was substituted for “Code Section 209-3-250.27” in paragraph (a)(15) (now paragraph (a)(14)) in 1994.
Structure Georgia Code
Chapter 3 - Postsecondary Education
Article 7 - Scholarships, Loans, and Grants
Part 1A - Nonpublic Postsecondary Educational Institutions
§ 20-3-250.3. Educational Institutions Exempted From Application of Part
§ 20-3-250.4. Nonpublic Postsecondary Education Commission; Membership
§ 20-3-250.5. Administration; General Powers and Duties
§ 20-3-250.6. Minimum Standards for Educational Institutions
§ 20-3-250.7. Prohibited Activities
§ 20-3-250.8. Application to Operate or Conduct Postsecondary Activities
§ 20-3-250.10. Surety Bonds; Filing; Release of Surety; Suspension Upon Release of Surety
§ 20-3-250.11. Collection of Fees Established by Commission
§ 20-3-250.12. Denial of Application
§ 20-3-250.13. Revocation of Authorization to Operate; Conditional Authorization; Hearing
§ 20-3-250.14. Filing Complaint Against Institution
§ 20-3-250.15. Hearing and Review by Commission of Denial of Authorization to Operate
§ 20-3-250.16. Judicial Review of Final Commission Action
§ 20-3-250.17. Discontinuation of Operations of Nonpublic Postsecondary Educational Institution
§ 20-3-250.18. Initiation of Court Proceedings by Executive Director
§ 20-3-250.20. Funding for Administration of Part
§ 20-3-250.21. Fines for Violations
§ 20-3-250.23. Validity of Certificates of Authorization Previously Issued
§ 20-3-250.24. Compensation and Benefits of Commission Employees
§ 20-3-250.25. Transfer of Records, Files, and Accounts From State Board of Education to Commission
§ 20-3-250.26. No Limitation by This Part on Professional Licensing Board’s Authority