ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR LETTER REQUESTING AN OFFICIAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION:
UNDER ARTICLE XXI OF THE OKLAHOMA SCHOOL CODE ("CODE"), SPECIFICALLY 70 O.S. 21-101 THROUGH 21-112, IS THE OKLAHOMA BOARD OF PRIVATE VOCATIONAL SCHOOLS ("BOARD") AUTHORIZED TO REQUIRE LICENSURE OF A BUSINESS OR PERSON THAT PROVIDES VOCATIONAL TRAINING TO EMPLOYEES OF A COMPANY THAT CONTRACTS WITH AND PAYS THE BUSINESS OR PERSON FOR THE VOCATIONAL TRAINING?
BECAUSE THIS QUESTION CAN BE READILY ANSWERED BY REFERENCE TO OKLAHOMA STATUTES AND A PRIOR OFFICIAL OPINION OF THE ATTORNEY GENERAL, THIS OFFICE HAS DECIDED TO ANSWER YOUR REQUEST THROUGH THIS INFORMAL LETTER. THEREFORE, THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL BUT RATHER MY CONCLUSIONS THAT HAVE BEEN REACHED AFTER CAREFUL RESEARCH AND ANALYSIS OF THE QUESTION YOU HAVE RAISED.
ACCORDING TO YOUR LETTER, THE BOARD HAS RECENTLY FOUND A NUMBER OF PERSONS AND BUSINESSES GIVING VOCATIONAL TRAINING TO EMPLOYEES OF COMPANIES THAT CONTRACT DIRECTLY WITH THE PERSONS AND BUSINESSES TO PROVIDE THE TRAINING TO ITS EMPLOYEES. OSTENSIBLY, THE TRAINING IS PAID FOR BY THE COMPANY AND NOT THE EMPLOYEES. THE TRAINING IS TYPICALLY CONDUCTED AT THE CONTRACTING COMPANY'S PLACE OF BUSINESS, BUT IT MAY BE CONDUCTED AT A LOCATION PROVIDED BY THE PERSON OR BUSINESS OFFERING THE TRAINING. YOUR LETTER DID NOT ADDRESS WHETHER THE PERSONS OR BUSINESSES THAT OFFER IN-HOUSE TRAINING ALSO OFFER VOCATIONAL TRAINING TO THE GENERAL PUBLIC.
THE PERSONS OR BUSINESSES PROVIDING THE TRAINING HAVE APPEARED BEFORE THE BOARD AND ARGUED THAT THEY SHOULD NOT BE REQUIRED TO BE LICENSED BECAUSE THEY ARE NOT A PRIVATE SCHOOL AS DEFINED BY OKLAHOMA LAW. INSTEAD, THEY CONSIDER THEMSELVES A BUSINESS PROVIDING THE SERVICE OF EMPLOYEE TRAINING TO ANOTHER BUSINESS.
THE NUMBER OF PERSONS OR BUSINESSES CONTRACTING WITH COMPANIES TO PROVIDE TRAINING TO EMPLOYEES HAS BEEN INCREASING IN RECENT YEARS. CONSEQUENTLY, THE BOARD, SOME OF THE MEMBERS OF WHICH OWN PRIVATE SCHOOLS THAT DIRECTLY COMPETE WITH THE PERSONS OR BUSINESSES OFFERING IN-HOUSE TRAINING, HAS BECOME CONCERNED THAT THESE PERSONS OR BUSINESSES ARE UNREGULATED BY THE BOARD AND MAY NOT MEET THE SAME STANDARDS AS SCHOOLS REGULATED BY THE BOARD ARE REQUIRED TO MEET TO BE LICENSED.
ACCORDING TO THE CODE, IT SHALL BE UNLAWFUL:
"TO ESTABLISH, CONDUCT, OPERATE OR MAINTAIN A PRIVATE SCHOOL OR TO SOLICIT OR CANVASS FOR SCHOLARSHIPS OR TUITION FROM A RESIDENT OF OKLAHOMA UNLESS A LICENSE TO OPERATE SUCH SCHOOL HAS BEEN ISSUED BY THE BOARD AND IS IN EFFECT. THE BOARD SHALL ISSUE A PRIVATE SCHOOL LICENSE UPON DETERMINATION THAT SUCH SCHOOL MEETS THE STANDARDS FIXED BY THE BOARD." 70 O.S. 21-103(A) (1991) (EMPHASIS ADDED). THE ANSWER TO YOUR QUESTION OF WHETHER THE BOARD CAN REQUIRE LICENSURE OF THESE PERSONS OR BUSINESSES OFFERING IN-HOUSE TRAINING TURNS ON WHETHER THE PERSONS OR BUSINESSES OFFERING IN-HOUSE TRAINING ARE OPERATING A PRIVATE SCHOOL AS DEFINED BY THE CODE.
THE CODE DEFINES PRIVATE SCHOOL AS:
"ANY PRIVATELY OWNED BUSINESS SCHOOL, FLIGHT SCHOOL, TRADE SCHOOL, OR OTHER