Nebraska Administrative Code
Topic - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION
Title 281 - COORDINATING COMMISSION FOR POSTSECONDARY EDUCATION
Chapter 8 - GUARANTY RECOVERY CASH FUND
Section 281-8-002 - DEFINITIONS
Current through September 17, 2024
As used in this chapter:
002.01 Act
Act shall mean the Postsecondary Institution Act.
002.02 Assessment
Assessment shall mean the amount a for-profit postsecondary institution is required to pay into the Guaranty Recovery Cash Fund based on one-tenth of one percent (.001) of the assessment year's gross tuition revenue.
002.03 Assessment year
Assessment year shall mean the institution's most recently completed fiscal year.
002.04 Authorization to operate
Authorization to operate shall mean either an authorization to operate on a continuing basis or a recurrent authorization to operate as approved by the Commission.
002.05 Branch facility
Branch facility means a facility in Nebraska (a) which is separate from a principal facility, (b) which offers a full program and full student services, (c) which is under the supervision of an onsite director or administrator, and (d)(i) the ownership, management, and control of which are the same as the principal facility, which principal facility is responsible for the delivery of all services, or (ii) at which education is offered by a franchisee of a franchisor authorized to operate as a postsecondary institution by the act.
002.06 Claim
Claim shall mean a written request for refund or reimbursement filed with the Commission by (a) a student who alleges to be injured by the termination of operations of a for-profit postsecondary institution, or (b) by the University of Nebraska to recover expenses incurred in the course of complying with its duties under 85-173 and 85-174 in the event of the termination of operations of a for-profit postsecondary institution, or (c) by the Commission, on behalf of the State of Nebraska, for reimbursement of distributed but unreturned Nebraska Opportunity Grant awards in the event of the termination of operations of a for-profit postsecondary institution.
002.07 Claimant
Claimant shall mean (a) a student who files a claim for reimbursement as a result of alleged injury by the termination of operations of a for-profit postsecondary institution, or (b) the University of Nebraska if filing a claim for reimbursement of expenses incurred in the course of complying with its duties under 85-173 and 85-174 in the event of the termination of operations of a for-profit postsecondary institution, or (c) by the Commission, on behalf of the State of Nebraska, for reimbursement of distributed but unreturned Nebraska Opportunity Grant awards in the event of the termination of operations of a for-profit postsecondary institution.
002.08 Class
Class shall mean a course that, if successfully completed, can be applied toward the number of courses required for achieving a postsecondary degree, diploma, certificate, or other formal award.
002.09 Commission
Commission shall mean the Coordinating Commission for Postsecondary Education.
002.10 Executive Director shall mean the Executive Director of the Commission or his or her designee.
002.11 Fee
Fee shall mean a fixed charge for, but not limited to, registration fee, lab fees and the cost of materials, or equipment, if they are portrayed as fees by the institution.
002.12 For-profit postsecondary institution
For-profit postsecondary institution shall mean 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.
002.13 Fund
Fund shall mean the Guaranty Recovery Cash Fund.
002.14 Gross tuition revenue
Gross tuition revenue shall mean the total tuition and fees received during the assessment year, less tuition and fees refunds, received by a principal facility or branch facility located in this state.
002.15 Guaranty Recovery Cash Fund
Guaranty Recovery Cash Fund shall mean a fund established from the assessment of for-profit postsecondary institutions for use in settling claims due to termination of operations of a for-profit postsecondary institution.
002.16 Maximum fund level
Maximum fund level shall mean the amount specified in Neb. Rev. Stat. § 85-2423(1).
002.17 Minimum fund level
Minimum fund level shall mean the amount specified in Neb. Rev. Stat. § 85-2423(1).
002.18 Postsecondary institution
Postsecondary institution shall mean any institution with a physical presence in Nebraska that provides postsecondary education and is exempt from the Private Postsecondary Career School Act.
002.19 Principal facility
Principal facility shall mean the primary physical presence in Nebraska of a postsecondary institution.
002.20 Recurrent authorization to operate
Recurrent authorization to operate shall mean 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.
002.21 Student injured by the termination of operations by a for-profit postsecondary institution
Student injured by the termination of operations by a for-profit postsecondary institution shall mean (i) a student who has paid tuition and fees to the institution for which classes were offered but not finished due to termination of operations, (ii) a student who has paid tuition and fees to the institution for which classes were not offered and no refunds were made, or (iii) a student who ceased to be enrolled in classes at an institution while the institution was in operation and to whom a refund of unearned tuition and fees became due from the institution after the institution terminated operations and no refunds were made within the institution's required time period following the student's withdrawal from the institution.
002.22 Termination of operations
Termination of operations shall mean the act of a for-profit postsecondary institution ceasing to offer all of its educational classes to the public.
002.23 Tuition
Tuition shall mean money charged for instruction.
002.24 Unearned tuition and fees
Unearned tuition and fees shall mean money paid by an individual to an institution for classes which will be held in a future attendance period and for classes which are no longer available due to termination of operation of the institution.
