92 Neb. Admin. Code, ch. 41, § 002

Current through September 17, 2024
Section 92-41-002 - Definitions

As used in this chapter:

002.01 Administrative Staff

Administrative Staff means those persons hired by the resident director to perform administrative duties for the school.

002.02 Authorization to Operate

Authorization to Operate means approval by the Department to operate a private postsecondary career school in this state.

002.03 Board

Board means the State Board of Education.

002.04 Branch Facility

Branch Facility means a facility which:

002.04A is separate from a principal facility;
002.04B offers a full program and full student services;
002.04C is under the supervision of an on-site director or administrator;
002.04D the ownership, management, and control of which are the same as the principal facility, and
002.04D1 which principal facility is responsible for the delivery of all services, or
002.04D2 at which education is offered by a franchisee of a franchisor authorized to operate as a private postsecondary career school pursuant to the Act if the franchisor establishes the course curriculum and guidelines for teaching at the franchisee's facility.
002.05 Calendar Year

Calendar Year means a 12-month period beginning January 1 and ending December 31.

002.06 Certificate of Approval to Recruit

Certificate of Approval to Recruit means approval by the Department for out-of-state schools to recruit students in this state.

002.07 Commission

Commission means the Coordinating Commission for Postsecondary Education.

002.08 Commissioner

Commissioner means the Commissioner of Education.

002.09 Course of Study or Instruction

Course of Study or Instruction means a program of study, training, or instruction consisting of a series of lessons or classes which are coordinated as a curriculum or program of instruction to prepare or qualify individuals or improve or upgrade the skills needed for employment, career opportunities, or any specific occupation.

002.10 Delivery Mode

Delivery Mode means classroom instruction, distance education or both which is delivered in any of the following manners: resident, independent study, practical training, correspondence, or distance learning technology.

002.11 Department

Department means the State Department of Education.

002.12 Distance education

Distance education means instruction offered by any means in which the student and faculty member are in separate physical locations and includes, but is not limited to, online, interactive video, and correspondence courses or programs.

002.13 Education or Educational Services

Education or Educational Services means any class, course, or program of occupational training, instruction, or study.

002.14 Entity

Entity means any individual, company, firm, society, group, association, partnership, corporation, trust, or other person.

002.15 Fiscal Year

Fiscal Year means a period of time consisting of 12 consecutive months as defined by the accounting practices of the individual school.

002.16 Grant

Grant with respect to educational credentials, means award, sell, confer, bestow, or give.

002.17 Nationally Accredited

Nationally Accredited means accreditation of institutions and programs that have been approved by an accrediting body or bodies of national scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.

002.18 Offer

Offer shall include, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform a described act.

002.19 Out-of-State School

Out-of-State School means any private postsecondary career school which has its place of instruction or its principal location outside the boundaries of this state and which offers or conducts courses of instruction or subjects on the premises of the school, provides distance education or offers or provides Nebraska students with courses of instruction or subjects through activities engaged in or conducted outside the boundaries of Nebraska.

002.20 Principal Facility or Main School

Principal Facility or Main School means a private postsecondary career school located and authorized to operate in the State of Nebraska.

002.21 Private Postsecondary Career School

Private Postsecondary Career School means any organization or business enterprise which is not specifically exempt under the Act, and which offers a course of study or instruction for which tuition is charged, even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.

002.22 Program

Program means the complete body of prescribed subjects or studies for the purpose of training, preparing, or improving the person for an occupation.

002.23 Quarter Credit Hour

Quarter Credit Hour means a minimum of 10 classroom periods of not less than 50 minutes each and which assumes outside reading and/or preparation; or 20 clock laboratory hours where classroom theory is applied; or 30 hours of external program-related work experience or any proportional combination of the above totaling at least 100 percent when added together as a percentage of each category.

002.24 Regionally Accredited

Regionally Accredited means accreditation of institutions and programs that have been approved by an accreditation body of regional scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.

002.25 Resident Director

Resident Director means an individual entrusted with the direction and operation of a school. He or she shall have administrative responsibilities for the educational programs and policy making authority in curriculum, appointment of instructional staff, and scheduling of classes.

002.26 Resident School

Resident School means any school offering courses of instruction to its students on the school's premises.

002.27 Semester Credit Hour

Semester Credit Hour means a minimum of 15 classroom periods of not less than 50 minutes each and which assumes outside reading and/or preparation; or 30 laboratory clock hours where classroom theory is applied; or 45 hours of external program-related work experience; or a proportional combination of the above totaling at least 100 percent when added together as a percentage of each category.

002.28 Separate Classroom

Separate Classroom means a supplemental training space:

002.28A which is located near the main school for the purpose of expanding the educational offerings or for training an overflow of students who cannot be accommodated at the main school;
002.28B which is close enough to the main school to assure immediate supervision and administration of all essential student services by the main school and ready access by students to the student services available, and
002.28C in which the only required onsite service is teaching.
002.29 Short-term training

Short-term training means classes, courses, or programs of instruction or study that are offered for the purpose of training, preparing, or improving a person for an occupation when (a) the total hours of instruction required for completion is sixteen clock hours or less and (b) no final course grade is given to persons enrolled.

002.30 Significant Program Change

Significant Program Change means

(a) the name of the program;
(b) a change in academic measurement from clock hours to credit hours or vice versa, or a change from quarter to semester credit hours or vice versa; or,
(c) any change of twenty-five (25) percent or more in credit awarded, curriculum content (courses offered), or program length of a currently approved program if such changes occur between any two (2) applications for renewal of authorization to operate.
002.31 Unearned Tuition

Unearned Tuition means money paid by an individual to a school for classes which will be held in a future attendance period or for classes which are no longer available due to termination of operation of the school.

002.32 The Act

The Act means the Private Postsecondary Career School Act.

002.33 Repealed

92 Neb. Admin. Code, ch. 41, § 002

Amended effective 11/8/2016.