85-1604 Education and schools; exempt from act.
85-1604. Education and schools; exempt from act.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;(7) Except as provided in subdivision (9) of this section, schools or organizations offering education or instruction which are licensed and regulated by agencies of this state other than the department as of September 2, 1977, 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) Not-for-profit private colleges, universities, and entities (a) which awarded baccalaureate or higher degrees prior to May 27, 2003, which maintain and operate educational programs for which credit is given, and which are in compliance with sections 85-1105 to 85-1111 or (b) which award baccalaureate or higher degrees, which maintain and operate educational programs for which credit is given, which are in compliance with sections 85-1105 to 85-1111, and which are regionally accredited;(10) For-profit colleges, universities, and entities which award baccalaureate or higher degrees, which are in compliance with sections 85-1105 to 85-1111, and which are regionally accredited;(11) Institutions which have previously been regulated as private postsecondary career schools pursuant to the Private Postsecondary Career School Act, which have become regionally accredited, and which have been approved by the commission to offer baccalaureate degrees or higher pursuant to sections 85-1105 to 85-1111. Institutions which have previously been regulated as private postsecondary career schools and which have been approved by the commission to offer baccalaureate degrees pursuant to sections 85-1105 to 85-1111 but which have not become regionally accredited shall remain under the jurisdiction of the State Department of Education and subject to the Private Postsecondary Career School Act; and(12) Entities exclusively offering short-term training. SourceLaws 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.