(a)

1. (1) Arkansas Code § 6-51-601 et seq. requires that most persons or organizations offering training that leads to or enhances occupational qualifications be licensed by the State Board of Private Career Education.
2. (2) There are twelve (12) specific exemptions listed in Arkansas Code § 6-51-603.
3. (3) The exemption form shall be submitted to the State Board of Private Career Education with the appropriate attachments.
4. (4) Additional information may be requested by the State Board of Private Career Education staff as deemed necessary.

(b)

1. (1) In order for a school to be granted an exemption, it must be shown that the school clearly and completely meets the provisions of one (1) or more of the specific exemptions.
2. (2) When an exemption is granted, the organization shall not refer to the State Board of Private Career Education in any material or manner.

3. (3) The following criteria shall be used to determine whether these provisions are clearly and completely met and thus the training is exempt from licensure under Arkansas Code § 6-51-603:

   1. (A)

(i) Private institutions exclusively offering instruction at any or all levels from preschool through twelfth grade.

1. (ii) Proof. To establish exemption under this section, a notarized affidavit and documentation showing that the school offers only a curriculum that is typical of that taught in an Arkansas public school for preschool through twelfth grade;

   1. (B)

      1. (i) Schools established by laws of Arkansas, governed by Arkansas boards and permitted to operate for the sole purpose of providing specific training normally required to qualify persons for occupational licensure by state boards or commissions, which determine education and other standards for licensure and operation of such schools.
      2. (ii) Proof. To establish exemption under this section, the following evidence shall be submitted:

(b) (b) Names of programs;

1. (c) (c) A copy of certificate, license, letter, or other document showing approval of the school under another law of the state;

   1. (d) (d) A copy of regulations from another law of the state establishing requirements for operation; and

(e) (e) Name, address, and phone number of the office enforcing the state law by which the school is regulated and approved;

1. (C)

   1. (i) State colleges and universities coordinated by the Arkansas Higher Education Coordinating Board.

      1. (ii)

(b) (b) The State Board of Private Career Education staff will request from the college or university any additional information needed;

1. (D)

   1. (i) Programs of study offered by institutions or individuals for personal improvement, avocational or recreational, if designated through media or other sources, as not for the purpose of enhancing an occupational objective.

      1. (ii) Proof. To establish exemption under this section, the following evidence shall be submitted:

(b) (b) Objective of course and an explanation of how the subjects are generally considered to be avocational or for recreational purposes;

1. (c)
2. (1) (c)(1) Types of students.

3. (2) (2) Examples: children ages seven through twelve (7-12), homemakers, general public, etc.; and

   1. (d)
4. (1) (d)(1) Copies of advertisements including yellow page ads.

5. (2) (2) If there will be no advertising, so state;

   1. (E)

      1. (i) Schools operated solely to provide programs of study in:

(b) (b) Divinity;

1. (c) (c) Religious education; and

   1. (d) (d) Ministerial training.

      1. (ii) Proof. To establish exemption under this section, the following evidence shall be submitted:

(a)

1. (1) (a)(1) A notarized affidavit stating the name of the organization, religion or denomination, and explain how it owns, controls, operates, and conducts the school.
2. (2) (2) Submit the bylaws and articles of incorporation if the institution is incorporated; and

(b) (b) A copy of the current school catalog that includes not less than:

1. (1) (1) A list of the programs of study to be offered including length in clock or credit hours, cost, and program objective; and

2. (2) (2) A description for each course in each program;

   1. (F)

      1. (i) A training program offered or sponsored by an employer for training and preparation of its own employees and for which no tuition fee is charged the employee.
      2. (ii) Proof. To establish exemption under this section, the following evidence shall be submitted:

(b)

1. (1) (b)(1) A notarized affidavit from the organization stating that no students other than employees will be solicited or enrolled.

2. (2) (2) Further, stating the employer will bear all the tuition costs and the employee will not be required to reimburse the employer by means of cash, production of work without pay, or any other means; and

   1. (c)
3. (1) (c)(1) Include samples of advertising that will be used by the employer inside the business to recruit participants.

4. (2) (2) If there will be no advertising, so state;

   1. (G)

      1. (i) A program of study sponsored by a recognized trade, business, or professional organization for instruction of the members of the organization with a closed membership and for which no fee is charged the member.
      2. (ii) Proof. To establish exemption under this section, the following evidence shall be submitted:

(b)

1. (1) (b)(1) A letter shall be submitted that includes an explanation as to how the membership is closed.
2. (2) (2) Membership is not closed if any member of the public can join.
3. (3) (3) Such organizations must provide other services and benefits to their members in addition to the educational instruction they offer.

4. (4) (4) In addition, the organizations may be asked to furnish the charter and bylaws;

   1. (c) (c) A notarized affidavit from the organization stating that no students other than members of the organization mentioned in subdivision (b)(3)(G)(ii)(b) of this section will be solicited or enrolled; and

      1. (d)
5. (1) (d)(1) Samples of newspaper and yellow page ads, brochures, and any other means of soliciting or advertising.

6. (2) (2) If there will be no advertising, so state;

   1. (H)

      1. (i) A school or educational institution supported by state or local government taxation.
      2. (ii)

(b) (b) More than fifty percent (50%) of the school funds must be tax dollars from either a state or local source;

1. (I)

   1. (i) Flight instructors licensed under appropriate Federal Aviation Administration regulations.

      1. (ii) Proof. To establish exemption under this section, submit proof of Federal Aviation Administration approval;

   2. (J)

      1. (i) Schools covered by Arkansas Code § 6-61-301(a)(3) and exempted from Arkansas Code § 6-61-301 and § 6-51-101 et seq.
      2. (ii)

(a) (a) Proof. To establish exemption under this section, the college or university shall be one of the following:

1. (1) (1) Arkansas Baptist College;
2. (2) (2) Central Baptist College;
3. (3) (3) Crowley's Ridge College;
4. (4) (4) Harding University;
5. (5) (5) Hendrix College;
6. (6) (6) John Brown University;
7. (7) (7) Lyon College;
8. (8) (8) Ouachita Baptist University;
9. (9) (9) Philander Smith College;
10. (10) (10) Shorter College;
11. (11) (11) University of the Ozarks; or
12. (12) (12) Williams Baptist College.

(b) (b) The State Board of Private Career Education staff will request from the college or university any additional information needed;

1. (K)

   1. (i) Training offered by other Arkansas state agencies, boards, or commissions.

      1. (ii) Proof. To establish exemption under this section, the agency, board, or commission shall submit the following if a question arises regarding training:

(b) (b) Name of person in charge of training; and

1. (c) (c) Arkansas Code title, chapter, and subchapter numbers that created the agency, board, or commission;

   1. (L)

      1. (i) Training offered on military bases where a majority of the students enrolled are:

(b) (b) United States Department of Defense civilian employees or their adult family members;

1. (c) (c) Members of the United States Armed Forces reserve components; and

   1. (d) (d) Retirees.

      1. (ii) These organizations shall remain exempt from the requirement for licensure if required to move off the military installation for a period of not more than ninety (90) days because of a change in security level which would not allow civilian students on the installation.
      2. (iii) The State Board of Private Career Education shall have the authority to review any situations that extend past the ninety-day period and determine whether the exemption status should remain for the school.
      3. (iv) Proof. To establish exemption under this section, the organization offering training on the military base shall submit the following if a question arises regarding training:

(b) (b) A notarized attendance list indicating status of each student as:

1. (1) (1) Active duty personnel;
2. (2) (2) Active duty personnel adult family member;
3. (3) (3) United States Department of Defense civilian employee;
4. (4) (4) United States Department of Defense civilian employee adult family member; or
5. (5) (5) A member of the United States Armed Forces reserve components or retiree.