173.616. Schools and courses that are exempt from sections 173.600 to 173.618.
Schools and courses that are exempt from sections 173.600 to 173.618.
173.616. 1. The following schools, training programs, and courses ofinstruction shall be exempt from the provisions of sections 173.600 to173.618:
(1) A public institution;
(2) Any college or university represented directly or indirectly onthe advisory committee of the coordinating board for higher education asprovided in subsection 3 of section 173.005;
(3) An institution that is certified by the board as an "approvedprivate institution" under subdivision (2) of section 173.205*;
(4) A not-for-profit religious school that is accredited by theAmerican Association of Bible Colleges, the Association of TheologicalSchools in the United States and Canada, or a regional accreditingassociation, such as the North Central Association, which is recognized bythe Council on Postsecondary Accreditation and the United States Departmentof Education; and
(5) Beginning July 1, 2008, all out-of-state public institutions ofhigher education, as such term is defined in subdivision (11) of subsection2 of section 173.005.
2. The coordinating board shall exempt the following schools,training programs and courses of instruction from the provisions ofsections 173.600 to 173.618:
(1) A not-for-profit school owned, controlled and operated by a bonafide religious or denominational organization which offers no programs ordegrees and grants no degrees or certificates other than those specificallydesignated as theological, bible, divinity or other religious designation;
(2) A not-for-profit school owned, controlled and operated by a bonafide eleemosynary organization which provides instruction with no financialcharge to its students and at which no part of the instructional cost isdefrayed by or through programs of governmental student financial aid,including grants and loans, provided directly to or for individualstudents;
(3) A school which offers instruction only in subject areas which areprimarily for avocational or recreational purposes as distinct from coursesto teach employable, marketable knowledge or skills, which does notadvertise occupational objectives and which does not grant degrees;
(4) A course of instruction, study or training program sponsored byan employer for the training and preparation of its own employees;
(5) A course of study or instruction conducted by a trade, businessor professional organization with a closed membership where participationin the course is limited to bona fide members of the trade, business orprofessional organization, or a course of instruction for persons inpreparation for an examination given by a state board or commission wherethe state board or commission approves that course and school;
(6) A school or person whose clientele are primarily students agedsixteen or under.
3. A school which is otherwise licensed and approved under andpursuant to any other licensing law of this state shall be exempt fromsections 173.600 to 173.618, but a state certificate of incorporation shallnot constitute licensing for the purpose of sections 173.600 to 173.618.
4. Any school, training program or course of instruction exemptedherein may elect by majority action of its governing body or by action ofits director to apply for approval of the school, training program orcourse of instruction under the provisions of sections 173.600 to 173.618.Upon application to and approval by the coordinating board, such schooltraining program or course of instruction may become exempt from theprovisions of sections 173.600 to 173.618 at any subsequent time, exceptthe board shall not approve an application for exemption if the approvedschool is then in any status of noncompliance with certification standardsand a reversion to exempt status shall not relieve the school of anyliability for indemnification or any penalty for noncompliance withcertification standards during the period of the school's approved status.
(L. 1983 H.B. 560 § 2, A.L. 1991 H.B. 51, et al., A.L. 2007 S.B. 389)*Section 173.205 was repealed by S.B. 389, 2007.