The Out-of-State Proprietary School Act does not apply to:

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A. courses recognized by the public education department for the purpose of complying with the Compulsory School Attendance Law [N.M. Stat. Ann. Chapter 22, Article 12];

B. courses offered by an employer solely for the employer’s employees;

C. courses offered by a nonprofit religious institution relating primarily to religion;

and D. courses offered under a participation agreement pursuant to the provisions of Subsection C of Section 4 [21-23B-4 N.M. Stat. Ann.] of the Interstate Distance Education Act N.M. Stat. Ann. § 21-23B-1 to 21-23B-6.