15-18.1-01. Definitions

15-18.1-01. Definitions

As used in this chapter:

1. "Accredited" means approved by an accrediting body recognized by the United States

department of education.

2. "Authorization to operate" or like term means approval of the board or North Dakota

university system office, as applicable, to operate or to contract to operate a

postsecondary educational institution in this state.

3. "Board" means the state board of higher education.

4. "Distance education" is education using one or more types of technology to deliver

instruction to a student who is separated from the instructor and to support regular and

substantive interaction between the student and the instructor synchronously or

asynchronously.

5. "Education" or "educational services" or like term includes any class, course, or

program of training, instruction, or study.

6. "Educational credentials" means a postsecondary credential leading to a diploma;

certificate; or an associate, bachelor, master, or doctorate degree. This term does not

include a postsecondary credential leading to an honorary degree or other unearned

degree.

7. "Person" means an individual, organization, government, political subdivision, or

government agency or instrumentality. The term does not include environmental

elements, artificial intelligence, an animal, or an inanimate object.

8. "Physical presence" means a presence established by:

a. Maintaining a physical location in the state where students receive instruction or

providing instruction to students at a designated location and time in the state;

b. Maintaining an administrative office in the state for students receiving in-person

instruction or distance education;

c. Maintaining a mailing address in the state and a local telephone number;

d. Providing office space in the state for instructional or noninstructional staff; and

e. Providing student support services at a physical location in the state, whether

operated by or on behalf of the institution.

9. "Postsecondary educational institution" means an agency or political subdivision of the

state, individual, partnership, company, firm, society, trust, association, corporation, or

any combination that:

a. Is, owns, or operates a postsecondary educational institution.

b. Provides a postsecondary course of instruction leading to a degree.

c. Uses in its name the term "college", "academy", "institute", or "university" or a

similar term to imply the person is primarily engaged in the education of students

at the postsecondary level, and charges for its services.

10. "To grant" includes awarding, selling, conferring, bestowing, or giving.

11. "To offer" includes, in addition to its usual meanings, advertising, publicizing, soliciting,

or encouraging any individual, directly or indirectly, in any form, to perform the act

described.