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:

  • Institution is authorized to operate as a member institution under SARA*.
  • Institution has a physical presence in New Mexico exclusively offering distance education or on-line courses to students located only in New Mexico, pursuant to criteria set out in NMAC.
  • The department has entered into a reciprocal agreement pursuant to Subsection B of Section 21-23B-3 NMSA 1978.
  • 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 dependents.
  • Institution has contractual arrangements in New Mexico for course offerings through consortium agreements and has notified the department of the agreement.
  • Institution is only offering distance education courses as a means of continuing education units. The continuing education units must 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 NMAC.

Please read more on these regulations: 5.100.5 NMAC

*If your institution is NC-SARA authorized please email the NC-SARA approval letter to You do not have to submit a Claim for Exemption, the letter is sufficient.