92 Neb. Admin. Code, ch. 42, § 002

Current through September 17, 2024
Section 92-42-002 - Definitions

As used in this chapter:

002.01 Act

Act shall mean the Private Postsecondary Career School Act.

002.02 Administrative Staff

Administrative Staff shall mean those persons hired by the resident director to perform administrative duties for the school.

002.03 Agent

Agent shall mean any person who owns any interest in, is employed by, or regularly represents for remuneration a private postsecondary career school located within or outside this state who

002.03A by solicitation made in this state enrolls or seeks to enroll a resident of this state for education offered by such school,
002.03B offers to award educational credentials for remuneration on behalf of any such school, or
002.03C holds himself or herself out to residents of this state as representing such a school.
002.04 Agent's Permit

Agent's Permit shall mean a nontransferable, written authorization issued to a natural person by the department which allows that person to solicit or enroll any resident of this state for education in a private postsecondary career school.

002.05 Authorization to Operate

Authorization to Operate means approval by the Department to operate a private postsecondary career school in this state.

002.06 Board

Board means the State Board of Education.

002.07 Branch Facility

Branch Facility means a facility which:

002.07A is separate from a principal facility;
002.07B offers a full program and full student services;
002.07C is under the supervision of an onsite director or administrator,
002.07D the ownership, management, and control of which are the same as the principal facility, and
002.07D1 which principal facility is responsible for the delivery of all services, or
002.07D2 at which education is offered by a franchisee of a franchisor authorized to operate as a private postsecondary career school pursuant to the act if the franchisor establishes the course curriculum and guidelines for teaching at the franchisee's facility.
002.08 Calendar Year

Calendar Year means a 12-month period beginning January 1 and ending December 31.

002.09 Certificate of Approval to Recruit

Certificate of Approval to Recruit means annual approval by the Department for out-of-state schools to recruit students in this state.

002.10 Commissioner

Commissioner means the Commissioner of Education.

002.11 Course of Study or Instruction

Course of Study or Instruction means a program of study, training, or instruction consisting of a series of lessons or classes which are coordinated as a curriculum or program of instruction to prepare or qualify individuals or improve or upgrade the skills needed for employment, career opportunities, or any specific occupation.

002.12 Delivery mode

Delivery mode means classroom instruction, distance education, or both which is delivered in any of the following manners: resident, independent study, practical training, correspondence or distance learning technology.

002.13 Department

Department means the State Department of Education.

002.14 Distance

Education means instruction offered by any means in which the student and faculty member are in separate physical locations and includes, but is not limited to, online, interactive video, and correspondence courses or programs.

002.15 Education or Educational Services

Education or Educational Services means any class, course, or program of occupational training, instruction, or study.

002.16 Entity

Entity means any individual, company, firm, society, group, association, partnership, corporation, trust, or other person.

002.17 Fiscal Year

Fiscal Year means a period of time consisting of 12 consecutive months as defined by the accounting practices of the individual school.

002.18 Grant

Grant with respect to educational credentials, means award, sell, confer, bestow, or give.

002.19 Home Study School

Home Study School means a school which provides correspondence lesson materials prepared in a sequential and logical order for study and completion by a student on his or her own, with completed lessons returned by the student to the school for evaluation and subsequent return to the student, including those schools which offer instruction by home study in combination with inresidence training.

002.20 Nationally Accredited

Nationally Accredited means accreditation of institutions and programs that have been approved by an accrediting body or bodies of national scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.

002.21 Offer

Offer includes, in addition to its usual meaning, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform a described act.

002.22 Out-of-State School

Out-of-State School means any private postsecondary career school which has its place of instruction or its principal location outside the boundaries of this state and which offers or conducts courses of instruction or subjects on the premises of the school, provides distance education, or offers or provides Nebraska students with courses of instruction or subjects through activities engaged in or conducted outside the boundaries of Nebraska.

002.23 Principal Facility or Main School

Principal Facility or Main School means a private postsecondary career school located and authorized to operate in the State of Nebraska.

002.24 Private Postsecondary Career School

Private Postsecondary Career School means any organization or business enterprise which is not specifically exempt under the Act and which offers a course of study or instruction for which tuition is charged, even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.

002.25 Program

Program means the complete body of prescribed subjects or studies for the purpose of training, preparing, or improving the person for an occupation.

002.26 Regionally Accredited

Regionally Accredited means accreditation of institutions and programs that have been approved by an accreditation body of regional scope, which have been recognized by the U.S. Department of Education (USDE), based on prescribed accreditation criteria and standards and a peer evaluation process or a performance-based review process.

002.27 Resident Director

Resident Director means an individual entrusted with the direction and operation of a school. He or she shall have administrative responsibilities for the educational programs and policy making authority in curriculum, appointment of instructional staff, and scheduling of classes.

002.28 Resident School

Resident School means any school offering courses of instruction to its students on the school's premises.

002.29 Separate Classroom

Separate Classroom means a supplemental training space

002.29A which is located near the main school for the purpose of expanding the educational offerings or for training an overflow of students who cannot be accommodated at the main school;
002.29B which is close enough to the main school to assure immediate supervision and administration of all essential student services by the main school and ready access by students to the student services available, and
002.29C in which the only required on-site services is teaching.
002.30 Short-term training

Short-term training means classes, courses, or programs of instruction or study that are offered for the purpose of training, preparing, or improving a person for an occupation when (a) the total hours of instruction required for completion is sixteen clock hours or less and (b) no final course grade is given to persons enrolled.

002.31 Tuition Recovery Cash Fund

Tuition Recovery Cash Fund means a fund established pursuant to Section 85-1654 R.R.S. from the assessment of private postsecondary career schools for use in settling claims made by a claimant injured due to termination of operation of a private postsecondary career school for tuition and fees paid to the school for which classes were not offered and no refunds made.

002.32 Unearned Tuition and Fees

Unearned Tuition and Fees means money paid by an individual to a school for classes which will be held in a future attendance period or for classes which are no longer available due to termination of operation of the school.

92 Neb. Admin. Code, ch. 42, § 002

Amended effective 11/8/2016.