AGO 2002-03.

Case DateJuly 02, 2002
CourtIndiana
Indiana Attorney General Opinions 2002. AGO 2002-03. July 2, 2002Advisory Opinion 2002-3Mr. Phillip H. Roush CommissionerProprietary Education Committee302 W. Washington Street, Indianapolis, IN 46204-2767 RE: Jurisdiction of the Committee over computer software/hardware training programs. Dear Mr. Roush: This letter responds to your request for an answer to the following question: Are organizations that offer instructional services for a fee in a variety of the popular software and mainframe operation programs exempt from the jurisdiction of the Proprietary Education Committee by virtue of offering instruction that may be used for self-motivational or avocational purposes? BRIEF ANSWER The types of computer software/hardware training programs your office presented to our office for review meet the statutory definition of a post-secondary proprietary educational institution. The governing statute provides that no person shall do business as a post-secondary proprietary educational i.nstitution in the state of Indiana without accreditation. In order to gain accreditation, a person must file an application and be approved by the Proprietary Education Committee. The only exceptions to the requirement for accreditation for individuals doing business in Indiana by offering to the public instructional or educational services or training in any of the technical, professional, mechanical, business, or industrial occupations for a fee are found at Indiana Code section(s) 20-1-19-1(1)(A) through (E). The programs presented to our office for review did not fall under any of the listed exceptions. Your office additionally, specifically asked whether any of the programs presented to our office would be exempt from jurisdiction under Indiana Code section 20-1-19-1(1)(D)(iii). This subsection provides that any organization that offers exclusively instruction that is self-improvement, motivational, or avocational in intent is not deemed a post-secondary proprietary educational institution for purposes of the chapter. It is our opinion that the programs presented to our office for review did not offer exclusively instruction that was clearly self-improvement, motivational, or avocational in intent. Therefore, the software/hardware computer training programs presented to our office for review should fall under the jurisdiction of the Proprietary Education Committee. ANALYSIS Ind. Code § 20-1-19-1 provides in pertinent part: Post-secondary proprietary educational institution means any person doing business in Indiana by offering to the public for a tuition, fee or charge, instructional or educational services or training in any technical, professional, mechanical, business, or industrial occupation, either in the recipients home, at a designated location, or by mail. Ind. Code § 20-1-19-5 provides...

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