Iowa Code § 261B.11

Current through March 29, 2024

Section 261B.11 - Exceptions

1. This chapter does not apply to the following types of schools and courses of instruction:

a. Schools and educational programs conducted by firms, corporations, or persons solely for the training of their own employees.

b. Apprentice or other training programs provided by labor unions solely to members or applicants for membership.

c. Courses of instruction of an avocational or recreational nature that do not lead to an occupational objective.

d. Seminars, refresher courses, and programs of instruction sponsored by professional, business, or farming organizations or associations for the members and employees of members of these organizations or associations.

e. Courses of instruction conducted by a public school district or a combination of public school districts.

f. A community college established under chapter 260C or an institution of higher learning under the control of the board of regents.

g. Schools or courses of instruction or courses of training that are offered by a vendor solely to the purchaser or prospective purchaser of the vendor's product when the objective of the school or course is to enable the purchaser or the purchaser's employees to gain skills and knowledge to enable the purchaser to use the product.

h. Schools and educational programs conducted by religious organizations solely for the religious instruction of leadership practitioners of that religious organization.

i. Postsecondary educational institutions licensed by the state of Iowa under chapter 157 to operate as schools of barbering and cosmetology arts and sciences in the state.

j. Higher education institutions that meet the criteria established under section 256.183, subsection 1.

k. Postsecondary educational institutions offering programs limited to nondegree specialty career and technical training programs.

l. Higher education institutions located in Iowa that are affiliated with health care systems located in Iowa, and which offer health professions programs that are accredited by an accrediting agency recognized by the United States department of education.

m. Higher education institutions located in Iowa whose massage therapy curriculum is approved under administrative rules of the department of inspections, appeals, and licensing and whose instructors are licensed massage therapists under chapter 152C.

2. A school that claims an exemption from registration under subsection 1 must apply for approval of the exemption and demonstrate to the commission that it qualifies for the exemption and meets consumer protection standards established by the commission. The commission may approve the school's exemption claim for a period not to exceed two years, or may for good cause deny the exemption claim. A school must reapply to renew an exemption approved pursuant to this section.

a. A school approved for an exemption under this section must file evidence of financial responsibility under section 714.18 or demonstrate to the commission that the school qualifies for an exemption under section 714.18 or 714.19.

b. A for-profit school that offers a course of instruction leading to a recognized educational credential, such as an academic or professional degree, diploma, or license, must submit to the commission a tuition refund policy that meets the conditions of section 714.23.

3. A school that is denied an exemption claim by the commission, or that no longer qualifies for a claimed exemption, shall apply for registration or cease operating in Iowa.

Iowa Code § 261B.11

84 Acts, ch 1098, §11; 96 Acts, ch 1158, §13; 97 Acts, ch 13, §2; 2005 Acts, ch 78, §1; 2009 Acts, ch 12, §13; 2012 Acts, ch 1077, §8; 2013 Acts, ch 90, § 66; 2015 Acts, ch 140, §49, 53, 54; 2016 Acts, ch 1075, §1, 2; 2016 Acts, ch 1108, § 60; 2016 Acts, ch 1132, §17, 19, 21; 2022 Acts, ch 1012, §2 - 4; 2023 Acts, ch 19, § 1650; 2023 Acts, ch 99, § 45

Amended by 2024 Iowa, ch Chapter 1043,s 79, eff. 7/1/2024.

Amended by 2023 Iowa, ch 99, s 45, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 1650, eff. 7/1/2023.

Amended by 2022 Iowa, ch 1012, s 4, eff. 7/1/2022.

Amended by 2022 Iowa, ch 1012, s 3, eff. 7/1/2022.

Amended by 2022 Iowa, ch 1012, s 2, eff. 7/1/2022.

Amended by 2016 Iowa, ch 1108, s 60, eff. 5/26/2016.

Amended by 2016 Iowa, ch 1075, s 2, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1075, s 1, eff. 7/1/2016.

Amended by 2015 Iowa, ch 140, s 49, eff. 7/2/2015.

Amended by 2013 Iowa, ch 90, s 66, eff. 7/1/2013.

84 Acts, ch 1098, §11; 96 Acts, ch 1158, §13; 97 Acts, ch 13, §2; 2005 Acts, ch 78, §1; 2009 Acts, ch 12, §13; 2012 Acts, ch 1077, §8

Referred to in §261B.3, 261B.11B, 261B.13

*"Schools of barbering and cosmetology arts and sciences" probably intended; corrective legislation is pending

Subsection 1, paragraph i amended

Subsection 1, paragraph m amended