92 Neb. Admin. Code, ch. 42, § 003

Current through September 17, 2024

Section 92-42-003 - Education and Schools Exempted

No entity of whatever kind, alone or in concert with others, shall offer, as or through an agent, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this chapter, enrollment or instruction in or the granting of educational credentials from a private postsecondary career school not exempted from the act, whether such institution is within or outside this state, nor accept contracts or enrollment applications from any person who does not have a current agent's permit, but the board may adopt and promulgate rules and regulations to permit the rendering of legitimate public information services without such permit to operate, in the State of Nebraska, a private postsecondary career school which is not exempt unless the school has a currently valid authorization to operate.

003.01 The following education and schools are exempted from the provisions of the Act and this chapter:

003.01A Schools exclusively offering instruction at any or all levels from preschool through the twelfth grade;

003.01B Education sponsored by a bona fide trade, business, professional, or fraternal organization which is offered solely for that organization's membership or offered without charge;

003.01C Education provided by or funded by an employer and offered solely to its employees for the purpose of improving such persons in such employment;

003.01D Education solely avocational or recreational in nature as determined by the department;

003.01E Educational programs offered by a charitable institution, organization, or agency as long as such education or training is not advertised or promoted as leading toward occupational objectives;

003.01F Public postsecondary schools established, operated, and governed by this state or its political subdivisions or similar entities in other states as determined by the Department;

003.01G Schools or organizations which offer education or instruction and which are licensed and regulated solely by an agency of the federal government with respect to curriculum and qualifications of instructional staff; and

003.01H Any postsecondary institution offering or proposing to offer courses or programs leading to a baccalaureate, graduate, or professional degree, but whose offerings may include associate degree programs, diplomas, and other certificates based on the award of college credit, including any such institutions that were regulated prior to May 5, 2011, as private postsecondary career schools pursuant to the Act; and

003.01I Entities exclusively offering short-term training.

003.01J Distance education programs offered by out-of-state schools authorized in accordance with an interstate reciprocity agreement for the provision of postsecondary distance education across state boundaries entered into and administered pursuant to subdivisions (5) and (6) of Section 85-2405, R.R.S..

003.02 Schools or organizations offering education or instruction that is not part of a degree program leading to an associate, a baccalaureate, a graduate, or a professional degree which are licensed and regulated by agencies of this state other than the department are exempt from the Act, except that such schools or organizations shall not be exempt from the provision of the Act with respect to agents' permits and the Tuition Recovery Cash Fund. Such schools are, thus, not exempt from this chapter.

92 Neb. Admin. Code, ch. 42, § 003

Amended effective 11/8/2016.