| (3) | A postsecondary school is exempt from Sections 13-34-201 through 13-34-205 if:
| (a) | the postsecondary school:
| (i) | is an active participant institution in SARA that provides distance education to an individual in Utah in accordance with SARA; and |
| (ii) | does not maintain a physical presence in the state; |
|
| (b) | a bona fide church or religious organization that is exempt from property taxation by this state owns, controls, operates, or maintains the postsecondary school; |
| (c) | is a business organization, trade or professional association, fraternal society, or labor organization that:
| (i) | sponsors or conducts postsecondary education primarily for its employees, independent contractors, or members; and |
| (ii) | does not advertise as a school; or |
|
| (d) | exclusively offers one or more of the following:
| (i) | postsecondary education:
| (A) |
| (I) | that is avocational, nonvocational, or recreational; |
| (II) | for which the postsecondary school does not represent vocational objectives; and |
| (III) | for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; |
|
| (B) |
| (I) | that is a prerequisite to obtain or maintain a license or certification issued by a government agency; and |
| (II) | through a postsecondary school that a Utah or federal government agency regulates and licenses, registers, or otherwise approves to provide the education; or |
|
| (C) |
| (I) | for which the postsecondary school charges a student less than an amount established by division rule in any 12-month period; and |
| (II) | for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; |
|
|
| (ii) | preparation for an individual to teach courses or instruction described in Subsection (3)(d)(i)(A); |
| (iii) | courses in English as a second language or other language courses; |
| (iv) | instruction to advance personal development or a general professional skill:
| (A) | that is not independently sufficient to prepare an individual for specific employment; and |
| (B) | for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; |
|
| (v) | instruction designed to prepare an individual to run for political office, for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; |
| (vi) | professional review programs, including certified public accountant or bar examination review and preparation courses; or |
| (vii) | instruction to an apprentice:
| (A) | as part of an apprenticeship; and |
|
|
|
