Section 281-7-003 - DEFINITIONS003.01 Authorization to operate Authorization to operate means either an authorization to operate on a continuing basis or a recurrent authorization to operate.
003.02 Authorization to operate on a continuing basis Authorization to operate on a continuing basis means approval by the Commission to operate a postsecondary institution in this state without a renewal requirement.
003.03 Change of ownership Change of ownership means a change in the person, entity or governing body that has an ownership interest in an institution.
003.03(A) Change in ownership includes, but is not limited to, the following transactions: 003.03(A)(i) The sale or transfer to, or acquisition by, a new owner of all, or a substantial portion, of the institution's assets;003.03(A)(ii) Stock transactions including Initial Public Offerings of stock as well as transactions wherein an individual, entity, or group acquires and controls 50 percent or more of the total outstanding shares of stock of the institution, or an individual, entity or group increases or decreases ownership or control of shares to greater or less than 50 percent of the total outstanding shares of the stock of the institution;003.03(A)(iii) Change in corporate form, including, but not limited to, change from Sole Proprietorship to Partnership or Corporation, Limited Partnership to Corporation, Limited Liability Corporation to a Corporation, Not-for-Profit Corporation controlled by members to one controlled by a Board of Directors;003.03(A)(iv) Any of the transactions in items 1 through 3 above involving a parent corporation that owns 90 percent or more of the institution and controls the institution, or in any intermediate subsidiary of a parent corporation where that subsidiary has a controlling relationship to the institution and where the transaction may reasonably affect the control of the institution as determined by the commission or by the U.S. Department of Education.003.03(B) Change in ownership does not include:003.03(B)(i) A transfer of ownership or stock that occurs as a result of the retirement or death of an owner or stockholder if transfer is to a member of the owner's family who has been directly and constantly involved in the management of the institution for a minimum of two years preceding the transfer. For purposes of this section, a member of the owner's family is a parent, sibling, spouse, child or grandchild; spouse's parent or sibling; or sibling's or child's spouse.003.03(B)(ii) The merger or consolidation of an institution with another institution holding a current authorization to operate from the commission.003.04 Commission Commission means the Coordinating Commission for Postsecondary Education.
003.05 Executive director Executive director means the executive director of the commission or his or her designee.
003.06 For-profit postsecondary institution For-profit postsecondary institution means any private postsecondary institution that is not exempt for federal tax purposes under section 501 (c) (3) of the Internal Revenue Code as defined in Neb. Rev. Stat. § 49-801.01.
003.07 Interstate reciprocity agreement Interstate reciprocity agreement means an arrangement among member states, districts, and/or territories that establishes comparable national or regional standards for offering postsecondary distance education courses and programs in member states.
The commission shall enter into such an agreement after consultation with the state department of education if such an agreement would include private postsecondary career schools and with postsecondary institutions upon which the agreement may have an impact.
003.08 Level of authorization to operate Level of authorization to operate means the type of institutional offerings. The three levels shall be:
003.08(A) establish an administrative office,003.08(B) offer less than a complete program, or003.08(C) offer one or more complete programs. 003.08(C)(i) . The commission shall specify the academic degree level at which the institution is authorized by the commission to award credentials. These levels shall be less than associate, associate, baccalaureate, master's, and doctorate, and may be limited by the commission to certain programs or academic disciplines as defined by program title and/or CIP code (Classification of Instructional Programs from the U.S. Department of Education).003.09 Nebraska public postsecondary institution Nebraska public postsecondary institution means any public institution established, operated, and governed by this state or any of its political subdivisions
003.10 New campus New campus means a facility
003.10(A). that meets the following criteria: 003.10(A)(i). Students can complete at least one full program (certificate, diploma, degree) at the location,003.10(A)(ii). The facility is either owned by an institution or under lease for a period of at least 5 years, and003.10(A)(iii). The location has its own faculty, administrative head, academic resources, and student services; or 003.10(B). that is deemed to be a new or branch campus by the institution's accrediting body.003.11 Out-of-state public postsecondary institution Out-of-state public postsecondary institution means any public institution in Nebraska that is established, operated, and governed by another state or any of its political subdivisions and that provides postsecondary education.003.12 Physical presence Physical presence means:
003.12(A) Offering a course for college credit or a degree program in this state that leads to an associate, baccalaureate, graduate, or professional degree, including: 003.12(A)(i) Establishing a physical location in this state where a student may receive synchronous or asynchronous instruction; or 003.12(A)(ii) Offering a course or program that requires students to physically meet in one location for instructional purposes more than once during the course term; or003.12(B). Establishing an administrative office in this state, including: 003.12(B)(i). Maintaining an administrative office in this state for purposes of enrolling students, providing information to students about the institution, or providing student support services;003.12(B)(ii). Providing office space to staff, whether instructional or non- instructional staff; or003.12(B)(iii). Establishing a mailing address in this state.003.13 Postsecondary institution Postsecondary institution means any institution with a physical presence in Nebraska that provides postsecondary education and is exempt from the Private Postsecondary Career School Act.
003.14 Private postsecondary institution Private postsecondary institution means any Nebraska or out-of-state nonpublic postsecondary institution, including any for-profit postsecondary institution or nonprofit Institution.
003.15 Recurrent authorization to operate Recurrent authorization to operate means approval by the commission to operate a postsecondary institution in this state, including establishing a new campus or an administrative office, until a renewal of such authorization is required.
003.15(A). Modification of a recurrent authorization to operate means approval by the commission of an institution holding a recurrent authorization to operate that seeks to conduct activities outside the scope of its existing authorization, including, but not limited to, establishing a new campus and offering programs at a different level of authorization.003.15(B). Renewal of a recurrent authorization to operate means approval by the commission of an institution previously authorized to operate at the time such authorization expires.281 Neb. Admin. Code, ch. 7, § 003