Do I Qualify for an Exemption?
Arkansas Code Title 6, Chapter 51, Subchapter 601 et. al. requires that persons or organizations offering training that leads to or enhances occupational qualifications be licensed by the State Board of Private Career Education. There are twelve (12) specific exemptions listed in Subchapter 603.
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. 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 6-51-603:
If you believe your school meets the provisions of one (1) or more of the above exemptions, complete the Exemption Form and submit it to us at the following address:
Arkansas State Board of Private Career Education
101 East Capitol Avenue, Suite 300
Little Rock, AR 72201
1. Private Institutions exclusively offering instruction at any or all levels from preschool through twelfth grade.
2. 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.
3. State colleges and universities coordinated by the State Board of Higher Education.
4. 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.
5. Schools operated solely to provide programs of study in theology, divinity, religious education, and ministerial training.
6. 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.
7. 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.
8. A school or educational institution supported by state or local government taxation.
9. Flight instructors licensed under appropriate Federal Aviation Administration regulations and offering only training for a private pilot's license.
10. Schools covered by Arkansas Code 6-61-301 (a)(3) and exempted from 6-61-101 et. seq.
11. Training offered by other Arkansas state agencies, boards or commissions.
12. (a) Training offered on military bases where a majority of the students enrolled are active duty personnel or their adult family members, United States Department of Defense civilian employees or their adult family members, members of the United States Armed Forces reserve components, and retirees.
(b) 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.
(c) The board 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.
13. Certified nurse aide or certified nursing assistant training programs:
(a) Whose underlying majority ownership has ownership of five (5) or more nursing facilities licensed by the Office of Long-Term Care; and
(b) That are under the regulatory oversight of the office; and
14. Schools located outside the state that:
(a) Offer education or training outside the state; and
(b) Do not participate in distance education.