[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.215]

[Page 209]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE TERMS ``ANY EMPLOYEE EMPLOYED IN A 
 
                        Subpart B_Interpretations
 
Sec. 541.215  Elementary or secondary schools and other educational 
establishments and institutions.

    To be considered for exemption as employed in the capacity of 
academic administrative personnel, the employment must be in connection 
with the operation of an elementary or secondary school system, an 
institution of higher education, or other educational establishment or 
institution. Sections 3(v) and 3(w) of the Act define elementary and 
secondary schools as those day or residential schools which provide 
elementary or secondary education, as determined under State law. Under 
the laws of most States, such education includes the curriculums in 
grades 1 through 12; under many it includes also the introductory 
programs in kindergarten. Such education in some States may include also 
nursery school programs in elementary education and junior college 
curriculums in secondary education. Education above the secondary school 
level is in any event included in the programs of institutions of higher 
education. Special schools for mentally or physically handicapped or 
gifted children are included among the educational establishments in 
which teachers and academic administrative personnel may qualify for the 
administrative exemption, regardless of any classification of such 
schools as elementary, secondary, or higher. Also, for purposes of the 
exemption, no distinction is drawn between public or private schools. 
Accordingly, the classification for other purposes of the school system, 
or educational establishment or institution, is ordinarily not a matter 
requiring consideration in a determination of whether the exemption 
applies. If the work is that of a teacher or academic personnel as 
defined in the regulations, in such an educational system, 
establishment, or institution, and if the other requirement of the 
regulations, are met, the level of instruction involved and the status 
of the school as public or private or operated for profit or not for 
profit will not alter the availability of the exemption.

         Employee Employed in a Bona Fide Professional Capacity