001.01 Any postsecondary institution
intending to operate in the State of Nebraska by establishing a physical
presence in this state must receive an authorization to operate from the
Commission.
001.02 Unless otherwise
specified in an interstate reciprocity agreement, the provisions of this
chapter shall not apply to:
001.02(A). Any
institution or organization which offers education or instruction and which is
licensed and regulated solely by an agency of the federal government with
respect to curriculum and qualifications of instructional staff;
001.02(B). Any private postsecondary career
school as defined in the Private Postsecondary Career School Act, except for
purposes of interstate reciprocity agreements for the provision of
postsecondary distance education across state boundaries entered into and
administered pursuant to subsections (5) and (6) of section
85-2405;
001.02(C). Institutions solely offering a
short course or seminar if instruction for the short course or seminar takes no
more than twenty classroom hours and the institution offers no more than two
courses as defined by the commission in a calendar year;
001.02(D). Institutions offering courses or
programs on a military installation solely for military personnel or civilians
employed on such installation;
001.02(E). An educational experience arranged
for an individual student, such as a clinical, practicum, residency, or
internship;
001.02(F). Institutions
offering courses exclusively online or through the United States mail or
similar delivery service which do not require the physical meeting of a student
with instructional staff; or
001.02(G). Institutions offering a course or
program that requires students to physically meet in one location for
instructional purposes not more than once during the course term.
001.03 The following institutions
shall be deemed to have an authorization to operate on a continuing basis:
001.03(A) All out-of-state public
postsecondary institutions with a physical presence that for at least twenty
academic years have continuously offered one or more four-year I undergraduate
programs in Nebraska in compliance with state and federal law;
001.03(B) All private postsecondary
institutions with a physical presence that for at least twenty academic years,
under the same ownership, have continuously offered one or more four-year
undergraduate programs in Nebraska in compliance with state and federal law;
and
001.03(C) All Nebraska public
postsecondary institutions.
001.04 An institution with a recurrent
authorization to operate may request authorization to operate on a continuing
basis if it has, for at least twenty academic years under the same ownership,
continuously offered one or more graduate or four-year undergraduate programs
with a physical presence in Nebraska in compliance with state and federal law.
The request shall take the form of a letter to the commission. The commission
will review the request, which shall include any further information as
required by the commission.
