Claim for Exemption
A private post-secondary educational institution with Physical Presence in our State believing it meets the criteria of “Exemption” set out by the Private Post-Secondary Educational Institution Act (Section 21-23-4 NMSA 1978) may submit a Claim for Exemption if the institution is subject to at least one of the following conditions:
- a post-secondary educational institution that is established by name as an educational institution by the state through a charter, constitutional provision or other action and is supported in whole or in part by state or local taxation;
- an occupational, trade or professional school operating pursuant to any New Mexico occupational licensing law;
- a course of instruction provided by an employer to its own employees for training purposes;
- institutions that exclusively offer education that is solely avocational or recreational in nature;
- a course of instruction or study sponsored by a recognized fraternal, trade, business or professional organization or labor union for the instruction of its members;
- chartered, nonprofit religious institutions whose sole purpose is to train students in religious disciplines to prepare them to assume a vocational objective relating primarily to religion;
- institutions that exclusively offer instruction at any level from preschool through the twelfth grade;
- an institution funded in full or in part by an Indian tribe or pueblo in the state of New Mexico;
- an organization that provides only brief courses of instruction designed to teach specific skills that may be applicable in a work setting but are not sufficient in themselves to be a program of training in employment.
Please read more on these regulations: 5.100.5 NMAC
Pursuant to the Interstate Distance Education Act, if an institution provides Distance Education to New Mexico residents, the institution may submit a Claim for Exemption if at least one of the following conditions applies to the institution:
- the Institution is authorized to operate as a member institution under NC-SARA*.
- the Institution has a physical presence in New Mexico exclusively offering distance education to students located only in New Mexico
- the department has entered into a reciprocal agreement pursuant to Subsection B of Section 21-23B-3 NMSA 1978.
- the Institution offers distance education courses on a military base or vessel if enrollment in such courses is limited to active and reserve military personnel and their spouse or dependents.
- the Institution has contractual arrangements in New Mexico for course offerings through consortium agreements (for example an agreement between two or more institutions to partner and provide program offerings) and has notified the department of the agreement.
- the Institution is only offering distance education courses as a means of continuing education units and the units meet the criteria set out by the professional organization or authority requiring the continuing education
- the Institution is offering supervised field experience pursuant to the parameters established in 220.127.116.11 NMAC.
- the institution is a chartered, nonprofit religious institution whose sole purpose is to train students in non-degree or degree granting religious or non-secular courses to prepare them to assume a vocational objective relating primarily to religion.
Please read more on these regulations: 5.99.1 NMAC
*Institutions that are NC-SARA authorized should email the NC-SARA approval letter to firstname.lastname@example.org. NC-SARA approved institutions do not have to submit a Claim for Exemption, emailing a copy of the approval letter is sufficient and no other actions are necessary.
Pursuant to 18.104.22.168 (E) Non-accredited private post-secondary educational institutions that offer a degree program shall not be granted exemption, unless the institution is exclusively offering non-secular religious courses.