North Carolina § 115D-88 - Exemptions.

§ 115D-88. Exemptions.

It is the purpose of this Article to include all private schools operated for profit: Provided, that the following schools shall be exempt from the provisions of this Article: Nonprofit schools conducted by (i) charities that are exempt from taxation under section 501(c)(3) of the Internal Revenue Code where no fee or tuition is charged to the student or (ii) religious institutions. Schools maintained or classes conducted by employers for their own employees where no fee or tuition is charged to the student. Courses of instruction given by any fraternal society, civic club, or benevolent order, which courses are not operated for profit. Any school for which there is another legally existing licensing or approving board or agency in this State. Classes or schools that are equipment-specific to purchasers, users, classes, or schools offering training or instruction to acquaint purchasers or users with equipment capabilities. Repealed by Session Laws 2011-21, s. 2, effective July 1, 2011. Classes or schools that the State Board, acting by and through the State Board of Proprietary Schools determines are avocational, recreational, self-improvement, or continuing education for already trained and occupationally qualified individuals. Any established university, professional, or liberal arts college, public or private school regulated or recognized pursuant to Chapter 115C of the General Statutes or by any other State Agency, or any State institution which has heretofore offered, or which may hereinafter offer one or more courses covered in this Article: Provided, that the tuition fees and charges, if any, made by such university, college, high school, or State institution shall be collected by their regular officers in accordance with the rules prescribed by the board of trustees or governing body of such university, college, high school, or State institution; but provisions of the Article shall apply to all proprietary schools as defined in this Article, and operated within the State of North Carolina as such institutions, except schools for which there are other legally existing licensing boards or agencies. Any institution that is exempt from licensure pursuant to G.S. 116-15(c). History (1955, c. 1372, art. 30, ss. 1, 2; 1957, c. 1000; 1961, c. 1175, s. 2; 1981, c. 423, s. 1; 1983, c. 768, s. 10; 1987, c. 442, s. 2; 1989 (Reg. Sess., 1990), c. 877, s. 2; 2011-21, s. 2; 2011-308, s. 2.) Editor's Note. - This section was formerly G.S. 115C-569. It was recodified by Session Laws 1987, c. 442, s. 2, effective July 1, 1987. Effect of Amendments. - Session Laws 2011-21, s. 2, effective July 1, 2011, rewrote subdivision (1), which read: "Nonprofit schools conducted by bona fide eleemosynary or religious institutions"; deleted subdivision (4b), which read: "Classes or schools that are taught or coached in homes or elsewhere to five or fewer students"; substituted "proprietary schools" for "business schools, proprietary trade schools, proprietary technical schools, or correspondence schools" in the last sentence of subdivision (5); and added subdivision (6). Session Laws 2011-308, s. 2, effective January 1, 2012, substituted "State Board of Proprietary Schools" for "President of the Community College System" in subdivision (4c). Opinions of Attorney General Massage and Bodywork Therapy Schools. - The State Board of Community Colleges has neither the legal authority nor responsibility to license massage and bodywork therapy schools pursuant to Article 8 of Chapter 115D , G.S. 115D-87 et seq., even if massage and bodywork therapy schools do not want to be exempt from Article 8 of Chapter 115D , and even though the North Carolina Board of Massage and Bodywork Therapy has only the authority to approve rather than license massage and bodywork therapy schools. See opinion of Attorney General to Charles P. Wilkins, Counsel, North Carolina Board of Massage and Bodywork Therapy, 2000 N.C. AG LEXIS 27 (3/15/2000).