As used in the Out-of-State Proprietary School Act:

A. "course" means any course, plan or program of instruction, conducted in person, by mail or by other methods;

B. "student" means any person within this state who is above compulsory school age and eligible for one or more courses of instruction;

C. "agent" means any person who solicits in person and for a fee the enrollment of a student in a course of instruction offered by a proprietary school;

D. "proprietary school" means a nonpublic out-of-state school, academy or similar institution offering within New Mexico a course of instruction or training through correspondence or similar methods or offering within New Mexico a course of instruction or training to be conducted outside New Mexico, but does not include a private out-of-state post-secondary educational institution offering instruction or training within New Mexico, to any student within this state; and

E. "commission" [department] means the commission on higher education [higher education department].

History: 1953 Comp., § 73-41-2, enacted by Laws 1971, ch. 304, § 2; 1994, ch. 108, § 21.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

For designation of the commission on higher education as the higher education department, see 9-25-4.1 NMSA 1978.

The 1994 amendment, effective July 1, 1994, substituted the language beginning "solicits" for "represents in any manner a course of instruction offered by correspondence or in behalf of a proprietary school" at the end of Subsection C; inserted "within New Mexico", deleted "or courses" following "course", and substituted the language beginning "similar" for "in person" in Subsection D; and added Subsection E and made a related stylistic change.