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      RS 17:3140.1     

  

CHAPTER 24-A. PROPRIETARY SCHOOLS

§3140.1. Definitions

            For the purposes of this Chapter:

            (1) "Academic course" means a subject designed for transfer of credit.

            (2) "Board" means the Board of Regents.

            (3) "Commission" means the Advisory Commission on Proprietary Schools.

            (4) "Notice to the school" means written correspondence sent to the address contained in the application or affidavit.

            (5) "Owner" of a school means, if the school is owned by one or more individuals, each individual; if the school is owned by a partnership, the partnership and each partner; and if the school is owned by a corporation, the corporation, the officers and directors of the corporation, and any stockholder who owns five percent or more of the total aggregate number of shares of all types of stock issued by the corporation that owns the school or of any corporation owning stock, directly or indirectly, of the corporation that owns the school.

            (6) "Proprietary school" or "school":

            (a) Means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state, or which sells or offers for sale any course of instruction in this state, or at which place of business such a course or courses of instruction or study is available through classroom or internet instruction, or both, or by any other means, to a person or persons for the purpose of training or preparing for a field of endeavor in a business, trade, technical, or industrial occupation, except as otherwise provided by law.

            (b) Means, for institutions based out-of-state that provide online instruction within the state of Louisiana, a business enterprise offering online courses that require clinical or practical experiences at a Louisiana site in which students are observed, assisted, or evaluated by supervisors, preceptors, instructors, or other individuals to determine that program requirements have been met.

            (c) Shall not mean:

            (i) A school or educational institution supported entirely or partly by public funds from either a local or state source.

            (ii) A parochial, denominational, or eleemosynary school or institution that provides religious training or theological education. However, any school or institution that also offers training in a secular field of endeavor shall be subject to the provisions of this Chapter.

            (iii) A school or training program which offers instruction primarily in the fields of recreation, health, entertainment, or personal enrichment and which does not purport to prepare or qualify persons for employment as determined by the commission.

            (iv) A course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees when the employer is not primarily engaged in the business of selling or offering courses of instruction or study.

            (v) A course or courses of study or instruction sponsored by a recognized trade, business, or professional organization for the instruction of the members of the organization.

            (vi) Private colleges and universities which award an associate or higher degree and which maintain and operate educational programs for which students earn credits.

            (vii) A nonpublic school which provides a basic academic education comparable to that provided in the public schools of the state.

            (viii) A school offering a program only for children under six years of age.

            (ix) A school which is regulated and licensed under other laws of this state.

            (x) A private tutor, teacher, or individual engaged in giving private tutoring or lessons to five persons or less in nonschool connected activities severed from the regular curriculum of a school as determined by the commission.

            (xi) A day camp.

            (xii) A training program that offers for sale only nonsequential and noncontinuous courses which do not exceed twenty hours of training.

            (xiii) A manufacturer-certified training center that offers, at no additional charge to the person receiving training, manufacturer-authorized training that is included as part of the manufacturer's pricing package to prepare persons for certification conferred by the manufacturer and that uses course equipment and materials which are developed and sold by the manufacturer and course instructors and facilities which are certified by the manufacturer.

            (xiv) A school or business enterprise which offers only instruction to prepare students for tests which are required for entry into a postsecondary program of study.

            (xv) A school or business enterprise which offers yoga teacher training.

            (xvi) A school or business enterprise which provides students with advanced training techniques for police and service dogs.

            (xvii) An educator preparation program that is approved by the State Board of Elementary and Secondary Education.

            (xviii) Any form of contract training.

            (7) "School employee" means all instructors, administrators, solicitors, and clerical and office personnel employed by the school.

            (8) "Solicitor" means a person who solicits business for a proprietary school or who offers to sell or sells in this state any instruction or course of instruction offered by a proprietary school.

            (9) "Teach-out" means the time remaining in a student's course of study.

            (10) "Treasurer" means the state treasurer.

            Acts 2019, No. 437, §1.



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