As used in the Out-of-State Proprietary School Act:

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A. “course” means any course, plan or program of instruction, conducted in person, by mail or by other methods;

B. “student” means any person within this state who is above compulsory school age and eligible for one or more courses of instruction;

C. “agent” means any person who solicits in person and for a fee the enrollment of a student in a course of instruction offered by a proprietary school;

D. “proprietary school” means a nonpublic out-of-state school, academy or similar institution offering within New Mexico a course of instruction or training through correspondence or similar methods or offering within New Mexico a course of instruction or training to be conducted outside New Mexico, but does not include a private out-of-state post-secondary educational institution offering instruction or training within New Mexico, to any student within this state; and

E. “commission” [department] means the commission on higher education [higher education department].