Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 43 - PRIVATE POSTSECONDARY CAREER SCHOOLS COMPLAINT AND INVESTIGATION PROCEDURES
Section 92-43-002 - Definitions

Universal Citation: 92 NE Admin Rules and Regs ch 43 ยง 002

Current through March 20, 2024

As used in this chapter:

002.01 ACT

ACT shall mean Private Postsecondary Career School Act.

002.02 Authorization to Operate

Authorization to Operate shall mean approval by the department to operate a private postsecondary career school in this state.

002.03 Board

Board shall mean the State Board of Education.

002.04 Branch Facility

Branch Facility shall mean a facility which:

002.04A is separate from a principal facility;

002.04B Offers a full program and full student services;

002.04C is under the supervision of an onsite director or administrator,

002.04D the ownership, management, and control of which are the same as the principal facility, and
002.04D1 which principal facility is responsible for the delivery of all services, or

002.04D2 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.

002.05 Commissioner

Commissioner shall mean the Commissioner of Education.

002.06 Complainant

Complainant shall mean any individual(s) or organization(s) filing a complaint with the commissioner.

002.07 Course of Study or Instruction

Course of Study or Instruction shall mean 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.

002.08 Department

Department shall mean the State Department of Education.

002.09 Education or Educational Services

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

002.10 Entity

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

002.11 Grant

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

002.12 Home Study School

Home Study School shall mean 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 in-residence training.

002.13 Offer

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

002.14 Out-of-State School

Out-of-State School shall mean any 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, or offers or provides Nebraska students with courses of instruction or subjects through activities engaged in or conducted outside the boundaries of Nebraska.

002.15 Principal Facility or Main School

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

002.16 Private Postsecondary Career School

Private Postsecondary Career School shall mean any organization or business enterprise which is not specifically exempt under the ACT, which offers courses or subjects for which tuition is charged, and at the place of business of which a course of instruction is available through classroom instruction, home study, or both to a person for the purpose of training, preparing, or improving the person for an occupation even though the organization's or business enterprise's principal efforts may not be exclusively educational in nature.

002.17 Resident School

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

002.18 Respondent

Respondent shall mean any individual(s), schools or agent(s), who shall be charged in a complaint or petition with allegedly violating standards as contained in 92 NAC 41 and 92 NAC 42.

002.19 Separate Classroom

Separate Classroom shall mean a supplemental training space

002.19A 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;

002.19B 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

002.19C in which the only required onsite services is teaching.

002.20 Admonishment

A private sanction to an agent or private postsecondary career school that further unprofessional or unethical conduct may result in more serious action, including the suspension or revocation of a permit or authorization to operate. This sanction may be imposed by the commissioner or board.

002.21 Reprimand

A public sanction criticizing or rebuking an agent or a private postsecondary career school for unprofessional or unethical conduct. This sanction may be imposed by the commissioner or board.

002.22 Revocation

A public sanction withdrawing or canceling an authorization to operate or a permit for a certain period of time. This sanction may be imposed by the board.

002.23 Suspension

A public sanction withdrawing or canceling an authorization to operate or a permit for a certain period of time. The authorization to operate or permit is automatically reinstated at the expiration of the suspension period if it has not expired during the period of suspension. This sanction may be imposed by the board.

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