Sec. 9. As used in this chapter, “postsecondary proprietary educational institution” means a person doing business in Indiana by offering to the public, for a tuition, fee, or charge, instructional or educational services or training in a technical, professional, mechanical, business, or industrial occupation, in the recipient’s home, at a designated location, or by mail. The term does not include the following:

(1) A postsecondary credit bearing proprietary educational institution accredited by the board for proprietary education under IC 21-18.5-6.

(2) A state educational institution or another educational institution established by law and financed in whole or in part by public funds.

(3) A postsecondary proprietary educational institution approved or regulated by any other state regulatory board, agency, or commission.

(4) An elementary or secondary school attended by students in kindergarten or grades 1 through 12 and supported in whole or in part by private tuition payments.

(5) Any educational institution or educational training that:

(A) is maintained or given by an employer or a group of employers, without charge, for employees or for individuals the employer anticipates employing;

(B) is maintained or given by a labor organization, without charge, for its members or apprentices;

(C) offers exclusively instruction that is clearly self-improvement, motivational, or avocational in intent (including instruction in dance, music, or self-defense, and private tutoring); or

(D) is a Montessori or nursery school.

(6) A privately endowed two (2) or four (4) year degree granting institution that is regionally accredited and whose principal campus is located in Indiana.

(7) All educational institutions offering programs requiring approval by the Indiana state board of nursing under IC 25-23-1-7.

As added by P.L.107-2012, SEC.61. Amended by P.L.174-2018, SEC.40.