As used in this part, the term:
(1) "Agent" means any natural person owning any interest in,
employed by, or representing for remuneration a nonpublic
postsecondary educational institution within or outside this state
and who, by solicitation in any form made in this state, enrolls
or seeks to enroll a resident of this state for education offered
by such institution, or who offers to award educational
credentials, for remuneration, on behalf of any such institution,
or who holds himself or herself out to residents of this state as
representing a nonpublic postsecondary educational institution for
any such purpose.
(2) "Agent's permit" means a nontransferable written authorization
issued to a natural person by the executive director which allows
that person to solicit or enroll any resident of this state for
education in a nonpublic postsecondary educational institution.
(3) "Authorization to operate," or like term, means authorization
by the commission to operate or to contract to operate a nonpublic
postsecondary educational institution in this state or to conduct
nonpublic postsecondary activities.
(3.1) "Board of trustees" or "board" means the Board of Trustees of the Tuition Guaranty Trust Fund provided for in Code Section 20-3-250.27.
(4) "Certificate" means a diploma or similar document indicating
satisfactory completion of training in a course or program of
study, not leading to a postsecondary degree, which is offered by
a nonpublic postsecondary educational institution.
(5) "Commission" means the Nonpublic Postsecondary Education Commission provided for in Code Section 20-3-250.4.
(6) "Course" means any plan or program of instruction or study,
whether conducted in person, by mail, or by any other method.
(7) "Date of notice" means the date the notice is mailed by the
(8) "Education" or "educational services," or like term, means,
but is not limited to, any class, course, or program of training,
instruction, study, or testing.
(9) "Educational credentials" means certificates, degrees,
transcripts, reports, documents or letters of designation, marks,
appellations, series of letters, numbers, or words which signify,
purport, or are generally taken to signify enrollment, attendance,
progress, or satisfactory completion of the requirements or
prerequisites for education at a nonpublic postsecondary
(10) "Entity" means, but is not limited to, any company, firm,
society, association, partnership, corporation, or trust.
(11) "Executive director" means the executive director of the
Nonpublic Postsecondary Education Commission.
(11.1) "Gross tuition" means the total amount collected by a
postsecondary educational institution during the most recently
completed 12 month fiscal year, reduced only by the amount of
refunds paid during the fiscal year, for tuition, application
fees, registration fees, and those other fees deemed appropriate
by rule or regulation of the commission; provided, however, that
for a postsecondary educational institution located outside of
this state which is authorized only for the purpose of advertising
and recruiting in this state, or is authorized only for the
purpose of offering instruction by correspondence or any
telecommunications or electronic media technology, or a
combination of these purposes, "gross tuition" means only the
amount of such tuition and fees collected from residents of this
(12) "Nonpublic" means a private postsecondary educational
institution not established, operated, or governed by the State of
Georgia, or any public or private postsecondary educational
institution legally operating in another state or nation that
conducts postsecondary activities in Georgia or offers
postsecondary instruction leading to a postsecondary degree or
certificate granted to Georgia residents from a location outside
(13) "Notice to the postsecondary educational institutions" means
written correspondence sent to the address of record for legal
service contained in the application for a certificate of
authorization as provided for in this part.
(14) "Owner" of a postsecondary educational institution means:
(A) In the case of a postsecondary educational institution owned
by an individual, that individual;
(B) In the case of a postsecondary educational institution owned
by a partnership, all full, silent, and limited partners; and
(C) In the case of a postsecondary educational institution owned
by a corporation, the corporation and each shareholder owning
shares of issued and outstanding stock aggregating at least 10
percent of the total of the issued and outstanding shares.
(15) "Person" means any individual, firm, partnership,
association, corporation, or other private entity.
(16) "Postsecondary degree" means a credential conferring on the
recipient thereof the title of "Associate," "Bachelor," "Master,"
or "Doctor," or an equivalent title, signifying educational
attainment based on:
(B) A substitute for study in the form of equivalent experience
or achievement testing; or
(C) A combination of the foregoing, provided that "postsecondary
degree" shall not include any honorary degree or other so-called
(17) "Postsecondary activity" means awarding a postsecondary
degree or certificate or conducting or offering study, experience,
or testing for an individual, or certifying prior successful
completion by an individual of study, experience, or testing under
the representation that the individual successfully completing the
study, experience, or testing will be awarded therefor, at least
in part, a postsecondary degree or certificate.
(18) "Postsecondary educational institution" means a postsecondary
degree-granting or certificate-granting nonpublic college or
university or a proprietary school, offering instruction or
educational services primarily to persons who have completed or
terminated their secondary education or who are beyond the age of
compulsory high school attendance, or any sole proprietorship,
group, partnership, venture, society, company, corporation,
school, or consortium of colleges, universities, or other
institutions that engages in, purports to engage in, or intends to
engage in any type of postsecondary activity.
(19) "Proprietary school" or "school" means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state or solicits business within this state and which is not specifically exempted by Code Section 20-3-250.3, and:
(A) Which offers or maintains a course or courses of instruction
or study; and
(B) At which place of business such a course or courses of
instruction or study are available through classroom
instruction, correspondence, or any telecommunications or
electronic media technology, or any combination thereof, to a
person or persons for the purpose of training such person for
work in a business, trade, or technical or industrial
(20) "School employee" means any person, other than any "owner" as
defined in paragraph (14) of this Code section, who directly or
indirectly receives compensation from a postsecondary educational
institution for services rendered.
(21) "Student" means any person who contracts to pay for and be
the recipient of any course defined in paragraph (6) of this Code
(22) "Support" or "supported" means the primary source or having
as the primary source from which a postsecondary educational
institution derives revenue to perform its operation.
(23) "Telecommunications or electronic media technology" means a
delivery mode which utilizes but is not limited to television,
video cassette or disc, film, radio, computer, or other supportive
devices which build upon the audio-video format.
(24) "To grant" means awarding, selling, conferring, bestowing, or
(25) "To offer" means, in addition to its usual meanings,
advertising, publicizing, soliciting, or encouraging any person,
directly or indirectly, in any form, to perform the act described.
(26) "To operate" an educational institution, or like term, means
to establish, keep, or maintain any facility or location in this
state where, from which, or through which education is offered or
given or educational credentials are offered or granted and
includes contracting with any person, group, or entity to perform
any such act and to conduct postsecondary activities within this
state or from a location outside of this state by correspondence
or by any telecommunications or electronic media technology.
(27) "Tuition guaranty fund" or "fund" means the Tuition Guaranty Trust Fund provided for in Code Section 20-3-250.27.