§ 85-1604 — Education and schools; exempt from act

Nebraska § 85-1604

• Jurisdiction: Nebraska
• Ch. 85: State University, State Colleges, and Postsecondary Education

Text

The following education
and schools are exempted from the Private Postsecondary Career School Act:
(1) Schools exclusively offering instruction at any or all
levels from preschool through the twelfth grade;
(2) 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;
(3) Education provided by or funded by an employer and offered
solely to its employees for the purpose of improving such persons in such
employment;
(4) Education solely avocational or recreational in nature
as determined by the department;
(5) 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;
(6) 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;
(7) 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, except that such schools or organizations
shall not be exempt from the act with respect to agents' permits and the Tuition
Recovery Cash Fund;
(8) 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;
(9) 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 Private Postsecondary Career School Act;
(10) Entities exclusively offering short-term training; and
(11) 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 .

Legislative History

Source: Laws 1977, LB 486, § 4; Laws 1980, LB 774, § 1; Laws 1982, LB 370, § 2; Laws 1990, LB 488, § 4; Laws 1993, LB 348, § 57; R.S.1943, (1994), § 79-2804; Laws 1995, LB 4, § 4; Laws 2003, LB 685, § 31; Laws 2011, LB637, § 30; Laws 2013, LB410, § 19; Laws 2014, LB967, § 26.