[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.204]

[Page 185-186]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, 
 
                   Subpart C_Administrative Employees
 
Sec. 541.204  Educational establishments.

    (a) The term ``employee employed in a bona fide administrative 
capacity'' in section 13(a)(1) of the Act also includes employees:
    (1) Compensated for services on a salary or fee basis at a rate of 
not less than $455 per week (or $380 per week, if employed in American 
Samoa by employers other than the Federal Government) exclusive of 
board, lodging or other facilities, or on a salary basis which is at 
least equal to the entrance salary for teachers in the educational 
establishment by which employed; and
    (2) Whose primary duty is performing administrative functions 
directly related to academic instruction or training in an educational 
establishment or department or subdivision thereof.
    (b) The term ``educational establishment'' means an elementary or 
secondary school system, an institution of higher education or other 
educational institution. Sections 3(v) and 3(w) of the Act define 
elementary and secondary schools as those day or residential schools 
that 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 
also include nursery school programs in elementary education and junior 
college curriculums in secondary education. The term ``other educational 
establishment'' includes special

[[Page 186]]

schools for mentally or physically disabled or gifted children, 
regardless of any classification of such schools as elementary, 
secondary or higher. Factors relevant in determining whether post-
secondary career programs are educational institutions include whether 
the school is licensed by a state agency responsible for the state's 
educational system or accredited by a nationally recognized accrediting 
organization for career schools. Also, for purposes of the exemption, no 
distinction is drawn between public and private schools, or between 
those operated for profit and those that are not for profit.
    (c) The phrase ``performing administrative functions directly 
related to academic instruction or training'' means work related to the 
academic operations and functions in a school rather than to 
administration along the lines of general business operations. Such 
academic administrative functions include operations directly in the 
field of education. Jobs relating to areas outside the educational field 
are not within the definition of academic administration.
    (1) Employees engaged in academic administrative functions include: 
the superintendent or other head of an elementary or secondary school 
system, and any assistants, responsible for administration of such 
matters as curriculum, quality and methods of instructing, measuring and 
testing the learning potential and achievement of students, establishing 
and maintaining academic and grading standards, and other aspects of the 
teaching program; the principal and any vice-principals responsible for 
the operation of an elementary or secondary school; department heads in 
institutions of higher education responsible for the administration of 
the mathematics department, the English department, the foreign language 
department, etc.; academic counselors who perform work such as 
administering school testing programs, assisting students with academic 
problems and advising students concerning degree requirements; and other 
employees with similar responsibilities.
    (2) Jobs relating to building management and maintenance, jobs 
relating to the health of the students, and academic staff such as 
social workers, psychologists, lunch room managers or dietitians do not 
perform academic administrative functions. Although such work is not 
considered academic administration, such employees may qualify for 
exemption under Sec. 541.200 or under other sections of this part, 
provided the requirements for such exemptions are met.