§ 85-1643 — Private Postsecondary Career Schools Cash Fund; created; use; fees; schedule; no refund

(1) The Private Postsecondary Career Schools Cash Fund is created. All fees collected pursuant to the Private Postsecondary Career School Act shall be remitted to the State Treasurer for credit to the fund. The fund shall be used only for the purpose of administering the act, except that transfers may be made from the fund to the Education Future Fund at the direction of the Legislature. No fees shall be subject to refund.
(2) Except as provided in subsection (4) of this section, fees collected pursuant to the act shall be the following:
(a) Initial application for authorization to operate, two hundred dollars plus twenty dollars per program of study offered;
(b) Renewal application for authorization to operate, one hundred dollars plus twenty dollars per program of study offered, except that the board may establish a variable fee schedule based upon the prior school year's gross tuition revenue as provided by the school pursuant to section 85-1656 ;
(c) Approval to operate a branch facility, one hundred dollars;
(d) Late submission of application, fifty dollars;
(e) Initial agent's permit, fifty dollars;
(f) Agent's permit renewal, twenty dollars;
(g) Accreditation or reaccreditation, one hundred dollars;
(h) Initial authorization to award an associate degree, one hundred dollars;
(i) Significant program change, fifty dollars;
(j) Change of name or location, twenty-five dollars; and
(k) Additional new program, one hundred dollars.
(3) Fees for out-of-state schools may include, but shall not exceed the following:
(a) Certificate of approval to recruit, five hundred dollars annually;
(b) Initial agent's permit, one hundred dollars; and
(c) Agent's permit renewal, forty dollars.
(4)(a) Prior to July 1, 2026, the board shall consult with the advisory council established pursuant to section 85-1607 regarding any increase in fees under the act. The board shall establish fees sufficient to cover the total cost of administration, except that such fees shall not exceed one hundred ten percent of the previous year's total cost. Such fees shall be set out in the rules and regulations adopted and promulgated by the board.
(b) Total cost of administration shall be determined by an annual audit of:
(i) Salaries and benefits or portions thereof for those department employees who administer the act;
(ii) Operating costs such as rent, utilities, and supplies;
(iii) Capital costs such as office equipment, computer hardware, and computer software;
(iv) Costs for travel by employees of the department, including car rental, gas, and mileage charges; and
(v) Other reasonable and necessary costs as determined by the board.

Legislative History

Source: Laws 1977, LB 486, § 46; Laws 1982, LB 928, § 72; Laws 1982, LB 370, § 9; Laws 1990, LB 488, § 42; R.S.1943, (1994), § 79-2846; Laws 1995, LB 4, § 43; Laws 1999, LB 489, § 6; Laws 2003, LB 685, § 35; Laws 2011, LB637, § 32; Laws 2025, LB264, § 207; Laws 2025, LB346, § 64. Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB264, section 207, with LB346, section 64, to reflect all amendments. Note: Changes made by LB264 became operative May 22, 2025. Changes made by LB346 became operative September 3, 2025.