A. The existence of a private school, for the purpose of requiring a state authorization license to be obtained, shall be determined by the education or training program that is offered or proposed to be offered and such other school attributes as enumerated by the Legislature or the Oklahoma Board of Private Vocational Schools.

B. Training and education programs to be considered for state authorization licensure include:

1. Training or education that pertains to a business, professional, trade or industrial occupation or vocational-technical field that may result in the receipt of a degree, diploma or certificate;

2. Improvement or enhancement of specific or general business skills that may be used in one or more occupations;

3. Preparing a person to instruct subject matter that might otherwise not require private school licensing, such as a recreational, avocational or hobby activity, if the future instructor's training may result in the future teacher receiving remuneration for the training he or she will offer; and

4. Providing a program of prelicensing or exam preparation when not licensed or approved by another state agency.

C. Training or education to be licensed for state authorization by the Board may include a program that is offered through:

1. Traditional classrooms;

2. Short-term programs such as a seminar or workshop that does not qualify for an exemption from licensing and offers to improve or enhance specific or general business skills that may be used in one or more occupations;

3. Correspondence; and

4. Distance education.

D. An entity shall be treated as a school for purposes of licensing regardless of whether the entity:

1. Identifies itself as a school or other similar term;

2. Owns, rents or leases a physical facility or has physical space donated to conduct classes or to host a correspondence or distance education program;

3. Possesses any specific tax status granted by the Internal Revenue Service or a state's taxation authority; or

4. Proposes funding that may or may not be limited to receiving monies or other consideration through the U.S. Department of Education's Title IV or other federal mechanisms, privately paid tuition, student loans, grants, scholarships or receipt of other consideration.

Added by Laws 2014, c. 276, § 8.