SCHOOL OFFERING COURSES TO RESIDENTS OF OKLAHOMA IN ANY BUSINESS, PROFESSIONAL, TRADE, TECHNICAL, OR INDUSTRIAL OCCUPATION FOR CONSIDERATION OR REMUNERATION." 70 O.S. 21-101(1) (1991). ACCORDING TO YOUR LETTER, THE BUSINESSES OR PERSONS OFFERING THE IN-HOUSE TRAINING ARE OFFERING, AT THE LEAST, COURSES TO RESIDENTS OF OKLAHOMA IN BUSINESS OR PROFESSIONAL OCCUPATIONS FOR CONSIDERATION OR REMUNERATION.
WHETHER THE BUSINESS OR PERSON IS A SCHOOL DEPENDS UPON THE DEFINITION OF SCHOOL. WHAT CONSTITUTES A SCHOOL IS NOT EXPLAINED BY THE CODE, BUT WORDS FOUND IN STATUTES ARE TO BE UNDERSTOOD IN THEIR ORDINARY SENSE EXCEPT WHEN A CONTRARY INTENTION PLAINLY APPEARS. 25 O.S. 1 (1991); HESS V. EXCISE BOARD OF MCCURTAIN COUNTY, 698 P.2D 930 (OKLA.1985).
AN OFFICIAL OPINION OF THE ATTORNEY GENERAL, WHICH YOU ATTACH TO YOUR LETTER, DISCUSSED THE ISSUE OF WHAT CONSTITUTES A SCHOOL UNDER THE CODE. ACCORDING TO THE OPINION, THE MOST WIDELY RECOGNIZED DEFINITION OF SCHOOL INCLUDES: AN INSTITUTION CONSISTING OF A TEACHER AND PUPILS, IRRESPECTIVE OF AGE, GATHERED TOGETHER FOR INSTRUCTION IN ANY BRANCH OF LEARNING. THE THREE ESSENTIAL ELEMENTS OF A SCHOOL ARE (1) THE TEACHER, (2) THE PUPIL OR PUPILS, AND (3) THE PLACE OR INSTITUTION.
A.G. OPIN. NO. 82-009 (CITATIONS OMITTED).
IN THIS OPINION THE ATTORNEY GENERAL CONCLUDED THAT WHETHER AN ENTITY OFFERING SEMINAR PROGRAMS IS A SCHOOL UNDER THE CODE AND IS "THEREBY SUBJECT TO LICENSURE, IS A QUESTION OF FACT" THAT MUST BE DETERMINED ON A CASE BY CASE BASIS. ID. MOREOVER, THE OPINION CONCLUDED THAT THE LENGTH OF THE PROGRAMS AND THE LOCATION OF THE COURSES ARE ONLY FACTORS TO BE CONSIDERED AND DO NOT ULTIMATELY ANSWER THE QUESTION OF WHAT KINDS OF SCHOOLS MUST BE LICENSED. ID.
NO JUSTIFICATION EXISTS TO DEPART FROM THE ANALYSIS FOUND IN THIS OFFICIAL OPINION. WE CANNOT DECIDE AS A MATTER OF LAW WHAT IS A SCHOOL UNDER THE CODE BECAUSE EACH SITUATION IS DIFFERENT. IT IS THE BOARD'S RESPONSIBILITY, TAKING INTO ACCOUNT THE BOARD'S IMPLIED AUTHORITY TO PROTECT STUDENTS FROM UNSCRUPULOUS PRIVATE SCHOOLS, TO DETERMINE THIS QUESTION UTILIZING SEVERAL FACTORS, INCLUDING THE DEFINITION OF SCHOOL DISCUSSED ABOVE. FACTORS ALSO MIGHT INCLUDE THE LENGTH AND TYPE OF COURSES OFFERED TO THE COMPANY'S EMPLOYEES, THE INTEREST OF THE COMPANY IN ENSURING THAT THEIR EMPLOYEES RECEIVE THE BEST POSSIBLE INSTRUCTION FOR THE MONEY, AND THE TERMS OF THE CONTRACT BETWEEN THE PERSON OR BUSINESS OFFERING THE INSTRUCTION AND THE COMPANY SEEKING THE TRAINING FOR ITS EMPLOYEES.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED THAT:
WHETHER THE OKLAHOMA BOARD OF PRIVATE VOCATIONAL SCHOOLS IS AUTHORIZED TO REQUIRE LICENSURE OF A BUSINESS OR PERSON THAT PROVIDES VOCATIONAL TRAINING TO EMPLOYEES OF A COMPANY THAT CONTRACTS FOR AND PAYS THE BUSINESS OR PERSON FOR THE VOCATIONAL TRAINING OF ITS EMPLOYEES DEPENDS UPON WHETHER THE BUSINESS OR PERSON IS CONDUCTING A SCHOOL. WHETHER A PARTICULAR ENTITY IS A SCHOOL IS A QUESTION OF FACT AND CANNOT BE ANSWERED IN AN OPINION OF THIS OFFICE. 74 O.S. 18B(A)(S) (1993). THIS DETERMINATION MUST BE MADE ON A CASE BY CASE BASIS