Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 44 - PRIVATE POSTSECONDARY CAREER SCHOOLS TUITION RECOVERY CASH FUND
Section 92-44-002 - Definitions
Current through March 20, 2024
As used in this chapter:
002.01 Act
Act shall mean the Private Postsecondary Career School Act.
002.02 Assessment
Assessment shall mean the amount a private postsecondary career school is required to pay into the Tuition 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 school's most recently completed fiscal year as of October 31 of each year.
002.04 Authorization to Operate
Authorization to Operate shall mean approval by the Department or other state agency to operate a private postsecondary career school in this state.
002.05 Board
Board shall mean the State Board of Education.
002.06 Claim
Claim shall mean a written request filed with the Board by a claimant who alleges to be injured by the termination of operation of a private postsecondary career school.
002.07 Claimant
Claimant shall mean an individual who has paid tuition and fees to a private postsecondary career school for classes which were not available due to termination of operation of the school and for which unearned tuition and fees were not refunded. It does not include students who cease to be enrolled in classes which continued to be offered by a school after the student ceases to be enrolled in them.
002.08 Class
Class shall mean any class, course, or program of occupational training, instruction, or study.
002.09 Commissioner
Commissioner shall mean the Commissioner of Education.
002.10 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.
002.11 Delivery Mode
Delivery Mode shall mean 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.
002.12 Department
Department shall mean the State Department of Education.
002.13 Fund
Fund shall mean the Tuition Recovery Cash Fund.
002.14 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 school.
002.15 Gross Tuition Revenue
Gross Tuition Revenue shall mean the total tuition and fees received during the assessment year less tuition and fees refunds, and unearned tuition and fees.
002.16 Private Postsecondary Career School
Private Postsecondary Career School shall mean any organization or business enterprise authorized to operate in the state which is not specifically exempt under the Private Postsecondary Career Schools Act, Sections 85-1601 et. seq., 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.
002.17 Program
Program shall mean the complete body of prescribed subjects or studies for the purpose of training, preparing, or improving the person for an occupation.
002.18 Short-term training
Short-term training shall mean 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.
002.19 Teach-Out Program
Teach-Out Program shall mean training provided by another school to complete classes which were not available due to termination of operation of the school.
002.20 Termination of Operation
Termination of Operation shall mean the act of a private postsecondary career school ceasing to offer all of its educational courses or programs to the public.
002.21 Tuition
Tuition shall mean money charged for instruction.
002.22 Tuition Recovery Cash Fund
Tuition Recovery Cash Fund shall mean a fund established from the assessment of private postsecondary career schools for use in settling claims made by a claimant due to termination of operation of a private postsecondary career school.
002.23 Unearned Tuition and Fees
Unearned Tuition and Fees shall mean money paid by an individual to a school 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 school.
