The definition of "nonpublic educational institution" does not include:

(1) any degree-granting school, institute, college, junior college, university, or entity chartered by the Secretary of State before 1953;

(2) institutions that:

(a) are independent or church-related,

(b) are two or four-year degree granting,

(c) have their primary emphasis on liberal arts,

(d) are accredited by the Southern Association of Colleges and Schools,

(e) are nonprofit, and

(f) have their primary place of business in South Carolina.

(3) institutions offering courses of instruction only at the kindergarten through high school level;

(4) institutions whose sole purpose is religious or theological training;

(5) institutions offering noncredit bearing courses exclusively for avocational purposes, as determined by the commissioner;

(6) institutions directly supported, entirely or partly, by the State of South Carolina;

(7) aviation institutions or instructors that offer flight training with the statement or implication that their primary objective is to train persons for personal or recreational purposes and not for gainful employment;

(8) courses or programs regulated and licensed or approved under an occupational licensing law of the State of South Carolina;

(9) noncredit bearing courses or programs sponsored by employers solely for the training of their employees if:

(a) the training is conducted by an employee of the sponsoring employer or if the sponsoring employer contracts with a provider to conduct the training;

(b) the sponsoring employer bears the expense of providing the training by paying the training provider directly, and this provision does not mean paying the employee after the employee pays; and

(c) the sponsoring employer allows employees to attend the training on company time if the training takes place during regular work hours.

(10) noncredit bearing courses or programs that do not prepare or qualify individuals for employment in any occupation or trade sponsored by recognized trade, business, or professional organizations solely for the instruction of their members;

(11) institutions that offer only noncredit bearing intensive review courses such as those designed to prepare students for certified public accountancy tests, law school aptitude tests, bar examinations, medical college admissions tests, and other license preparation tests;

(12) out-of-state institutions that formally collaborate with public South Carolina institutions in offering distance education coursework in this State and where the South Carolina institution offers the degree;

(13) institutions that offer programs and courses on federal military installations; and

(14) degree-granting institutions accredited by an accrediting agency recognized by the United States Department of Education that conduct occasional or incidental recruiting activities to include activities at high school recruiting fairs or through seasonal recruitment advertising rather than continuing and regular activities that would otherwise establish an actual presence in South Carolina as defined in this chapter.

HISTORY: 1992 Act No. 497, Section 1; 2002 Act No. 284, Section 2; 2007 Act No. 20, Section 2, eff May 15, 2007.

Effect of Amendment

The 2007 amendment added item (14).