2011 New Mexico Statutes
Chapter 21: State and Private Education Institutions
Article 23: Post-Secondary Educational Institution Act, 21-23-1 through 21-23-15
Section 21-23-4: Exceptions.
A. The Post-Secondary Educational Institution Act [21-23-1 NMSA 1978] does not apply to or affect:
(1) a post-secondary educational institution supported in whole or in part by state or local taxation;
(2) an occupational, trade or professional school operating pursuant to any New Mexico occupational licensing law;
(3) a course of instruction provided by an employer to its own employees for training purposes;
(4) institutions that exclusively offer education that is solely avocational or recreational in nature;
(5) a course of instruction or study sponsored by a recognized fraternal, trade, business or professional organization or labor union for the instruction of its members;
(6) a regionally accredited college or university that is a private institution that provides an academic education comparable to that provided by public colleges or universities;
(7) proprietary schools as defined in Section 21-24-2 NMSA 1978;
(8) chartered, nonprofit religious institutions whose sole purpose is to train students in religious disciplines to prepare them to assume a vocational objective relating primarily to religion;
(9) institutions that exclusively offer instruction at any level from pre-school through the twelfth grade;
(10) an institution funded in full or in part by an Indian tribe or pueblo in the state of New Mexico; and
(11) an organization that provides only brief courses of instruction designed to teach specific skills that may be applicable in a work setting but are not sufficient in themselves to be a program of training in employment.
B. An institution, school or program described in this section shall not be entitled to an exemption unless it presents satisfactory evidence to the commission that it qualifies.
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