PART 126 OF COMMISSIONER'S REGULATIONS

To quickly go to a section, click on the appropriate title:

Section 126.1 Definitions. As used in this Part:

(a) Acceptable, adequate, appropriate, proper, reasonable, satisfactory, sufficient and suitable shall mean educationally appropriate and/or beneficial to students in the judgment of the commissioner.

(b) Approved means approved by the commissioner based upon a finding of educational appropriateness and/or benefit to students.

(c) Conform means to meet or satisfy in the judgment of the commissioner.

(d) Curriculum means a sequence of courses which together comprise a program of instruction.

(e) Course means a sequence of units of instruction in a given subject area which is a component of a program of instruction or curriculum, or which has an educational or vocational objective of its own.

(f) Diploma or Certificate of Completion means a document evidencing the successful completion of a curriculum or course .

(g) Documentation of entrance requirements means a copy of a student's high school diploma or transcript, GED, original ability to benefit examination answer sheet indicating a passing score, or appropriate student certifications as specified by the approved curriculum or other approved documentation as determined by the commissioner, including but not limited to a college degree.

(h) Grades means letters, numbers or symbols used to indicate the quality of work performed by students.

(i) Instruction means any method or procedure used by the school faculty to impart knowledge or develop skills.

(j) Instructional hour means an instructional unit of time consisting of a minimum of 50 minutes and a maximum of 60 minutes.

(k) Properly or in proper manner means in the manner prescribed by the  commissioner.

(l) Recognized means approved by a regional or national accrediting agency or determined by the department to be equivalent in scope and content to a registered program, unless the context calls for a different meaning.

(m) Standards, unless otherwise indicated by the context, means the criteria established or used by the commissioner to implement this Part.

(n) Technical occupational subject means subject areas taught in licensed private schools that may also be taught in registered business schools/computer training facilities by teachers licensed or holding a permit pursuant to the requirements of section 126.6 of this Part.

(o) Gross tuition means all charges received for instruction by or on behalf of the student, prior to any refund, from all sources, including but not limited to, lending institutions, Federal agencies, State agencies, and any other entity or organization. Gross tuition shall not include income from the sale of books, supplies, services, kits, uniforms or equipment.

(p) School means a licensed private school, registered business school, or a computer training facility as defined in section 5001 of the Education Law.

(q) Department means the New York State Education Department.

(r) Marking period means the period of time established by the school to measure a student's progress in a course or curriculum.

(s) Attendance register means a complete record of student attendance containing the information required by section 126.4(e) of this Part which is maintained by the school as a bound document or computer printout for each course, or each curriculum if there are no courses.

(t) Non-occupational course means a course for personal enrichment or self-improvement with no occupational performance objective and under 40 hours in length.

(u) Unaudited reviewed financial statement means a financial statement reported in accordance with standards established by the American Institute of Certified Public Accountants and conducted by a licensed public accountant or a certified public accountant.

(v) Unaudited compiled financial statement means a financial statement prepared in accordance with the standards established by the American Institute of Certified Public Accountants and in accordance with the requirements of the commissioner.

(w) Audited statement of revenue means a special report prepared by a licensed public accountant or a certified public accountant in accordance with generally accepted auditing standards issued by the American Institute of Certified Public Accountants.

(x) Nonpublicly funded ESL schools means schools that provide instruction in English as a second language; receive no public funding, including but not limited to public funding received as a result of participation in student financial aid general award programs pursuant to Articles 13 and 14 of the Education Law; and operate on a for-profit basis.

(y) Nationally recognized vendor means an independent, industry recognized, educational products provider offering curriculum and instructor qualifications to third party educational service providers via the internet and other appropriate media.

(z) Significant educational change means, for the purposes of section 5002(3)(c)(2) of the Education Law and this Part, sufficient substantive changes in a student's educational program, in terms of curriculum, resources and the quality and quantity of faculty, as to indicate that the program is not substantially equivalent to the initial offering to the student.

(aa) Commissioner means the Commissioner of Education.

(a) Fees or other charges for services or products produced in the course of instruction by students or instructors shall not be collected from the public unless the commissioner approves the collection of such fees or charges for the purpose of facilitating adequate practice in the curriculum or course.

(b) A school shall provide the same instruction, tools, equipment or instructional supplies, and charge the same tuition rates and other fees or charges, to all students or groups of students in like circumstances, unless otherwise approved by the commissioner.

(c) Enrollment of students shall not be sought by:

(1) Assuring or seeming to assure employment in any business, establishment or occupation.

(2) Including in advertising or promotional material representations with respect to potential earnings in entry level employment or employment with experience, unless such representations can be documented for the graduates of the school. All such advertising or promotional material shall include the number and percent of graduates employed at the advertised salary level listed by year of graduation and may be presented in conjunction with State and national labor statistics.

(3) Including in advertising or promotional material representations of job placement rates, unless such representations can be documented with the data required under section 126.10 of this Part.

(4) Misrepresentations of the cost of instruction or of the education, experience or abilities required for successful completion of the course and the utilization thereof.

(5) Use of such phrases as "university," "college," or "professional school," or other terminology which connotes an institution which confers the associate or higher degrees, except where the school has been authorized by the Regents to confer such degrees and has been authorized to use the word "college" in its corporate name pursuant to section 3.29(c) of this Title.

(d) Each school shall submit to the commissioner for approval all scholarship and grant programs offered by the school. In approving such programs, the commissioner shall consider the following factors: the name of the scholarship program; the number and amount of scholarships; period of time covered by the scholarship; the eligibility and application criteria; academic and award criteria; source of scholarship funds; the manner in which scholarships are paid; provisions for awarding scholarships to alternate candidates; standards for continued scholarship eligibility; and the names and affiliation of all award committee members. Each school shall assure that all scholarship recipients meet department-mandated entrance requirements.

(a) Advertising conducted by or on behalf of a school shall not be false, misleading, deceptive or fraudulent and shall be consistent with the provisions of article 22-A of the General Business Law.

(b) Statements and representations in all forms of advertising and promotion shall be fairly and clearly presented, accurate, and restricted to facts which can be substantiated. All forms of advertising and promotion by or on behalf of a school, shall identify the school for which the advertising or promotion was undertaken, and shall be available for inspection at the school by the commissioner, in accordance with section 126.11 (a) (3) of this Part.

(c) Endorsements, commendations or recommendations from any person or persons, firm, corporation or other organization shall be used only with the identification and qualifications of such person, persons, firm, corporation or other organization (e.g., graduate, employer) and with their written consent. Such consent shall be on file with the school, and shall be available for examination. No consideration for any such endorsement, commendation or recommendation shall be offered or paid by a school. The date of any such endorsement, commendation or recommendation shall be included in the advertising matter unless it is less than two years old.

(d) Illustrations in all advertising matter shall relate solely to the school or shall be clearly designated otherwise.

(e) Services or articles produced in the process of instruction shall not be advertised for sale in connection with the school unless such practice is approved by the commissioner.

(f)  Pursuant to section 5002(7)(b) of the Education Law, beginning on January 1, 2000 all schools shall include in their advertising, promotional material or letterhead the phrase, "Licensed by the New York State Education Department" or "Registered by the New York State Education Department," as appropriate. Such statement shall also be accompanied by the symbol issued by the commissioner to indicate such status.

(a) Schools shall conduct only those curricula or courses which have been approved by the commissioner, and shall conduct such curricula or courses in accordance with section 5002(4) and (5) of the Education Law and this Part; except for those programs which have been deemed exempt from the requirements of article 101 and this Part as provided for in section 5001(2-b) of the Education Law. The commissioner shall approve the appropriate student-to-teacher ratio for each course or curricula. Schools shall ensure that student enrollment on the attendance register does not exceed the approved ratio after the first week of instruction. Pursuant to section 5002(4)(c) of the Education Law, for all courses or curricula reviewed by an expert not employed by the department, schools shall reimburse the department for the reasonable cost of such services according to the following schedule:

(1) for courses or curricula up to 100 clock hours, the reimbursement shall be $200;

(2) for courses or curricula between 101 and 400 clock hours, the reimbursement shall be $300;

(3) for courses or curricula between 401 and 700 clock hours, the reimbursement shall be $400;

(4) for courses or curricula between 701 and 1000 clock hours, the reimbursement shall be $500;

(5) for courses or curricula between 1001 and 1400 clock hours, the reimbursement shall be $600; 

(6) for courses or curricula between 1401 and 1800 clock hours, the reimbursement shall be $700;

(7) for courses or curricula above 1800 clock hours, the reimbursement shall be $800.

(b) The director of the school shall cause to be prepared data concerning curricula or courses of study and methods of instruction in sufficient detail to clearly indicate the nature of the proposed instruction. He shall submit such data to the commissioner in such form as said commissioner shall direct, accompanied by a request for approval.

(c) Data submitted for approval of curricula or courses or revisions thereof given on school premises shall include the following information:

(1) the name and the educational or occupational objective of the curriculum or course;

(2) the minimum entrance requirements, and complete information with respect to any aptitude tests administered to prospective students in connection therewith, including wherever possible a nationally recognized test appropriate to the course of instruction;

(3) the minimum and/or maximum instructional hours and the allocation of time to each portion of the curriculum or course;

(4) the daily and weekly schedule of instruction;

(5) a description of the method of instruction, indicating the number of instructional hours to be devoted to classroom activities and shop or laboratory practice, and where appropriate, practice and experience components outside the school premises, and the relation between the classroom and practice phases of the curriculum or course;

(6) the tuition and other charges and the method of payment thereof;

(7) an itemized list of equipment;

(8) an itemized list of the small tools, books and supplies loaned or furnished to students;

(9) a detailed floor plan of the premises occupied by the school, indicating all facilities;

(10) the language in which instruction is to be provided and an appropriate justification required by the commissioner for offering instruction in a language other than English;

(11) the manner in which the course or curriculum is apportioned into quarters, semesters or terms pursuant section 126.7 of this Part; and

(12) for applications for approval of curriculum certified by a nationally recognized vendor pursuant to section 5002(4)(e) of the Education Law, the school shall provide, in addition to the information prescribed in paragraphs (1) through (11) of this subdivision, an identification of the vendor and the vendor-maintained location that shall enable the commissioner to determine that the curriculum proposed by the school is in its original format.

(d) Data submitted for approval of curricula or courses of study or revisions thereof given by correspondence or home study or by internet transmission shall include the following information:

(1) the name and the educational or occupational objective of the curriculum or course;

(2) the minimum entrance requirements, and complete information with respect to any aptitude tests administered to prospective students in connection therewith;

(3) the complete instructional units, in detail, as they are to be furnished to the student, showing the instructional content to be taught, the method or procedure to be followed, and the types of skills or knowledge to be learned;

(4) the approximate time necessary for completion of each instructional unit;

(5) the method of mailing or transmitting and correcting instructional units and the manner in which remedial instruction is to be given to individual students.

(6) the language in which instruction is to be provided and an appropriate justification required by the commissioner for offering instruction in a language other than English; and

(7) the manner in which the course or curriculum is apportioned into quarters, semesters or terms pursuant to section 126.7 of this Part.

(e) Each school shall establish and maintain attendance policies and regulations, acceptable to and approved by the commissioner, in accordance with the following requirements:

(1) An attendance register shall be maintained by the school and be available for inspection by the department for each course or curriculum, as applicable and shall contain the following:

(i) the room number, schedule and approved name of the course or curriculum;

(ii) the start and completion dates of the course or curriculum;

(iii) the time and date of each class, laboratory or session;

(iv) a daily record of attendance for each student which shall identify each student as "present," "absent," "late" or "make-up;"

(v) the name and signature of the instructor for each class, laboratory or session;

(vi) verification of the instructor by oath or affirmation of the accuracy of the attendance register;

(vii) any leaves of absence;

(viii) last date of attendance for any student who drops out or is discontinued;

(ix) the marking period and grades for each student for each marking period, unless otherwise approved by the commissioner; and

(x) any other information required by the commissioner.

(2) A school shall determine the academic standing of each student in accordance with the following: 

(i) except as provided in subparagraph (iii) of this paragraph, any student who is absent more than 15 percent of the total number of instructional hours offered during each marking period of the student's program, excluding approved leaves of absence pursuant to section 126.4(e)(6) of this subdivision, and who has not maintained satisfactory academic progress, shall be dismissed or placed on academic probation. Any student who fails to meet satisfactory academic progress at the end of any marking period, regardless of attendance, shall be dismissed or placed on academic probation in accordance with subparagraph (iii) of this paragraph;

(ii) satisfactory academic progress means a cumulative average of 1.5 for the curriculum or course, unless otherwise approved by the commissioner;

(iii) a school may, in its discretion, place a student on academic probation for one marking period if the student would otherwise be dismissed pursuant to the requirements set forth in subparagraph (i) of this paragraph.  The school shall dismiss any student who at the end of such academic probation fails to raise his or her cumulative average to 1.5 and who fails to maintain attendance for at least 85 percent of the instructional hours offered during the probationary period;

(iv) during a student's academic probation, a school shall make available to the student appropriate counseling and remediation; and

(v) a student shall achieve a cumulative average of 2.0 to graduate from the program.

(3) Each school shall have a written policy concerning tardiness and early dismissal.

(4) For purposes of determining the proportion of the time a student was enrolled in a course or curriculum when such student leaves before finishing the entire course or curriculum, the school may regard as attendance such absences and tardiness as may have occurred between the first and last day of attendance.

(5) Any make-up session for attendance purposes shall be approved by the licensed school director, and shall consist of instruction in that portion of the course or curriculum which was not received by the student as a result of absences. A record of makeup sessions shall be maintained in the attendance register. Any charge for make-up sessions shall be expressed on the enrollment agreement and in the school's catalog.

(6) In the case of a prolonged illness or accident, death in the family, or other special circumstances that make attendance impossible or impractical, a leave of absence may be granted to the student if requested in writing by the student or his designee. The approval of such leaves of absence shall be in writing by the school director. No monetary charges or accumulated absences may be assessed to the student during a leave of absence. When a student returns from an approved leave of absence, the student shall be placed in the instructional program at the point commensurate with the skill level retained by the student at the time of his or her return in accordance with the following:

(i) for leaves of absence less than 30 calendar days, the school shall assess the student's retention level either through a counseling session with the student or by employing a written or oral evaluation instrument designed to measure a student's level of retention in the instructional program; or

(ii) for leaves of absence 30 calendar days or longer, the school shall assess a student's retention level either through a written or oral evaluation instrument designed to measure a student's level of retention in each course in the curriculum; and

(iii) documentation that such evaluation took place pursuant to subparagraphs (i) or (ii) of this paragraph along with the actual evaluation instruments, student results and evidence the student was appropriately placed according to skill level shall be placed in the student's permanent file.

(7) Schools may establish attendance requirements permitting less absence and tardiness.

(8) School policy and regulations relating to attendance and leaves of absence shall be submitted to the department for approval prior to implementation, and shall be published in the school catalog.

(f) Any required orientation to school policies or practices, or a general overview of courses shall not be included in the total instructional hours of a course or curriculum, unless such orientation is necessary for the successful completion of the program, given within the first week of instruction as defined in section 126.7 of this Part and approved by the commissioner.

(g) All courses or curricula offered at no cost to a student by a school shall comply with all requirements of this Part.

(h) Schools may provide instruction in English as a second language in accordance with the following:

(1) all teachers shall be appropriately licensed pursuant to subdivision (g) of section 126.6 of this Part.

(2) where an English as a second language component is combined with an occupational education component into one program and the student signs an enrollment agreement for such a program, the following conditions shall be met:

(i) prior to initiating the occupational education component the student shall have completed the English as a second language component and shall have attained a score on a reading test, approved by the commissioner, demonstrating sufficient proficiency in reading English as required by the commissioner for such a program;

(ii) the English as a second language component shall not exceed 50 percent of the total clock hours for the program;

(iii) upon application for approval of such a curriculum, when a school requests permission to accept students at the beginning or basic English as a second language level, the school shall demonstrate that the English as a second language component is designed to provide the student with the necessary reading skills to comply with the provisions of subparagraph (i) of this paragraph; and

(iv) the English as a second language component shall be coterminous with a quarter or term as defined in section 5002(3) of the Education Law unless otherwise approved by the commissioner. In all instances, the student's enrollment agreement shall clearly state that if a student fails to pass the reading test as required in subparagraph (i) of this paragraph, then the student may not continue in the program.

(i) Notwithstanding any other provisions of this Part, non-occupational courses, as defined in section 126.1(t) of this Part, shall be subject to the following alternate educational and curriculum standards:

(1) an application for a non-occupational course shall be submitted in a format prescribed by the commissioner;

(2) upon receipt of a completed application, the department shall notify a school within 20 business days as to whether the application is approved;

(3) students may be admitted into a non-occupational course based upon a personal interview, except where a specialized skill is needed by the applicant in order to successfully complete the course;

(4) teachers of non-occupational courses shall meet the requirements of section 126.6 of this Part, except that teachers who provide instruction in non-occupational courses only shall meet the requirements for a special lecturer as set forth in section 126.6(m) of this Part;

(5) an enrollment agreement for a non-occupational course shall conform to the requirements set forth in section 126.7 of this Part and in addition, shall include the statement: "This course is not intended to provide instruction which will result in the student's acquisition of occupational skills. Placement assistance by the school is not available for this course.";

(6) non-occupational courses shall be clearly identified as such within the school catalog and shall include the statement: "Non-occupational courses are not intended to provide instruction which will result in the student's acquisition of occupational skills."; and

(7) certificates of completion or diplomas awarded for the completion of a non-occupational course shall include the term "non-occupational" or "personal enrichment" on that certificate or diploma.

(a) A school shall have classrooms, laboratories, shops and other facilities for instruction and administration which, in the judgment of the commissioner, are satisfactory for the proper conduct of the school.

(b) The instructional devices, machines, apparatus, supplies and other equipment shall be adapted to the courses of study being offered and adequate for satisfactory instruction, as approved by the commissioner. Any course or curriculum containing a skill component involving the use of machines shall maintain a student-to-machine ratio of one-to-one, unless otherwise approved by the commissioner.

(c) In addition to adequate and satisfactory classrooms, laboratories and shops, a private school shall, as appropriate, provide a library, administrative and supervisory offices, restrooms and toilet facilities and a checkroom and/or lockers for student use. Such rooms or space shall be properly equipped and large enough to meet the needs of students and faculty.

(d) The buildings, rooms or space in which staff and students are housed for any purpose while attending a school, and all facilities and equipment therein, shall meet the standards for school purposes of local fire, health and building authorities.

(e) Schools shall have their facilities approved by the commissioner upon initial application for a license and every renewal of a license thereafter, sale or transfer of a school license, relocation of a school, renovation or alteration of a school's facilities or reorganization of instructional space or equipment.

(a) A school shall submit, on forms specified by the commissioner, such data concerning the education, training, experience and other qualifications, including supporting documentation, of the administrative, supervisory and instructional staff of the school as the commissioner may require. Upon submission of an application for a teacher or director, the owner or director shall attest to the applicant's ability to comply with the provisions of this section. Pursuant to section 5002(6) of the Education Law, all complete applications for teachers and directors shall be mailed to the commissioner and postmarked four days prior to employment at the school and must be completed within 20 days thereafter. However, the commissioner, for good cause shown, may extend the time within which to complete the application. When a complete application is made, the commissioner shall act upon such application within 30 days. If no written denial is made within 30 days, the application shall be deemed to be approved until the commissioner acts upon it or until the end of the term or semester, whichever occurs first. If a written denial is made after the 30-day period, the commissioner may allow the applicant to teach at the school for the remainder of the term or semester if the commissioner determines that the removal of the teacher would not be in the best interest of students. Any school submitting an application for a teacher or director to the department postmarked less than four days prior to the employment of such individual and who is subsequently determined not to be qualified pursuant to the provisions of this section, may be subject to disciplinary action pursuant to section 5003 of the Education Law, if such conduct constitutes a pattern of abuse. As used in this subdivision, a pattern of abuse is defined as violations which occur three or more times in a 12-month period.

(b) The commissioner shall issue the following types of licenses and permits:

(1) Director's license or permit-issued to qualified directors.

(2) Teacher's license or permit-issued to qualified instructors or supervisors.

(c) Directors' licenses shall be valid only for the school for which they are issued.  No individual may be employed as a director at more than one school without the approval of the commissioner.  Teachers' licenses shall be valid only for the school or schools, curriculum, course or courses, or occupation indicated on the license, except that a teacher's license issued to a teacher in a registered business school/computer training facility on or after January 1, 1987 shall be valid at all registered business schools/computer training facilities for the courses, curricula or occupation indicated on the license; unless the license is for teaching specific occupational subjects or specific subjects from a curriculum certified by a nationally recognized vendor, or the license is approved pursuant to subdivision (k) of this section, in which case the license shall be restricted to a specific school.

(d) Each licensed school and registered business school/computer training facility shall employ a director who shall be responsible for all activities of the school or done in the name of the school.  A director shall meet the requirements of this subdivision to be licensed by the department.  

(1) Preparation.  Directors shall meet the preparation requirements for licensure prescribed in subparagraph (i) or (ii) of this paragraph, as applicable, and also the preparation requirement in subparagraph (iii) of this paragraph.

(i) Licensed private schools.  Directors of licensed private schools shall meet the following preparation requirements:

(a) have completed an approved four-year high school program or hold a high school equivalency diploma; and

(b) have at least five years of acceptable practical experience in one or more of the courses taught in the school, or five years of acceptable teaching experience in one or more of the courses taught in the school, or five years of acceptable administrative or supervisory experience, or a combination of such acceptable experience amounting to at least five years; or

(c) have received an appropriate baccalaureate or higher degree upon completion of an approved college program.  

(ii) Registered business schools/computer training facilities.  Directors of registered business schools/computer training facilities shall meet the following preparation requirements:

(a) have received an appropriate baccalaureate or higher degree upon completion of an approved college program; and

(b) have at least five years of acceptable practical experience in one or more of the courses taught in the school, or five years of acceptable teaching experience in one or more of the courses taught in the school, or five years of acceptable administrative or supervisory experience, or a combination of such acceptable experience amounting to at least five years.

(iii) In addition to meeting the preparation requirements of subparagraph (i) or (ii) of this paragraph, as applicable, all directors shall have completed an approved 15 clock-hour course offered by the department in private school administration.

(iv) Upon a finding by the commissioner that an applicant for licensure possesses education, training and/or experience that is substantially equivalent to a preparation requirement of this paragraph, the commissioner may accept such education, training and/or experience in lieu of meeting the preparation requirement of this paragraph

(2) Directors shall be of good moral character, as determined by the commissioner.

(3) Directors shall have the administrative and educational competency to operate a school, as determined by the commissioner.  The factors considered by the commissioner in evaluating administrative and educational competency shall include, but not be limited to, patterns of violations of the duties and responsibilities of a director relating to the administration of a school, as set forth in this Part and Article 101 of the Education Law.

(4) Temporary permit requirements.  Individuals who meet the preparation requirements of subparagraph (i) or (ii) of paragraph (1) of this subdivision, as applicable, may be issued a temporary permit, valid for one year, during which the requirement of subparagraph (iii) of paragraph (1) of this subdivision shall be met.  A full director's license shall not be issued until the candidate meets all applicable preparation requirements, prescribed in paragraph (1) of this subdivision.

(5) Duration of license.

(i) A full director's license issued on or after May 25, 2000 shall be valid for the same period for which the school is licensed or registered and a renewal application for such license shall be submitted with the renewal application for the employing school.

(ii) A permanent director's license issued prior to May 25, 2000, shall continue to be valid without renewal until such time as the director leaves the school and location for which the license is valid.

(6) Directors whose education and practical experience qualifications were approved prior to July 1, 1973 shall be deemed to have met the requirements of paragraph (1) of this subdivision.

(e) All teachers who have been issued a license or permit pursuant to the requirements of this section shall successfully complete an orientation to classroom management program within four weeks of employment at a licensed private school, registered business school/computer training facility or chain of schools, according to the following requirements:

(1) The orientation to classroom management program shall be developed by the licensed private school or registered business school/computer training facility and offered to all licensed teachers or teachers holding a permit.

(2) The topics for the orientation to classroom management program shall include, but not be limited to, information on adult learning styles, introduction to the syllabus, writing lesson plans, testing, the maintenance of attendance records, grading, discipline and teacher licensing requirements.

(3) A one-page checklist in a format prescribed by the commissioner, certifying the teacher's completion of the program, must be provided to the teacher and placed in the teacher's personnel file for review by department staff upon request.

(f) All teachers in licensed private schools shall meet the requirements of this subdivision, except that prospective teachers seeking a license to teach English as a second language, a high school equivalency program or business courses shall be subject to the provisions of subdivision (g) of this section and except that the requirements of this subdivision shall be applicable to teachers seeking a license to teach specific subjects from a curriculum certified by a nationally recognized vendor only to the extent they are made applicable by subdivision (g) of this section.

(1) Teachers shall meet the following requirements :

(i) have completed an approved four-year high school program or hold a high school equivalency diploma; and

(ii) have had at least two years of practical experience acceptable to the commissioner in the subject area or occupation to be taught. Teaching experience will not be accepted in lieu of practical experience;

(iii)  an exception may be made by the commissioner for an applicant who does not meet the requirements of subparagraph i or ii of this paragraph, if such applicant possesses qualifications sufficiently unique in the judgment of the commissioner to warrant such exception;

(iv) if a Federal or State license is required for the performance of any occupation other than teaching, the teacher shall also be required to hold such license;

(v) be of good moral character, as determined by the commissioner; and

(vi) have the instructional competency to provide the instruction authorized by the license, as determined by the commissioner, based on factors to be considered by the commissioner which shall include, but shall not be limited to, patterns of violations of the requirements of this Part or Article 101 of the Education Law, relating to the instruction of students.

(2) Teachers who meet the requirements of paragraph (1) of this subdivision and apply for a permit or license may be issued:

(i) a temporary teacher's permit valid for one year, during which time a 30-clock-hour approved course in general teaching methods from a proprietary school association recognized by the commissioner or a three-semester-credit-hour course in general teaching methods from an institution whose programs are registered or recognized by the department shall be completed;

(ii) a provisional teacher's license valid for a period of three years after completion of the requirements set forth in subparagraph (i) of this paragraph;

(iii) a full teacher's license after completion of two additional 30-clock-hour approved professional education courses from a proprietary school association recognized by the commissioner or three additional semester credit hours in appropriate professional education from an institution whose programs are registered or recognized by the department during the period of validity of the provisional license.  Such full teacher's license shall be valid for a period of four years, and a teacher shall apply for the renewal of such teacher's license every four years.

(3) A permanent teacher's license issued prior to May 25, 2000, shall continue to be valid without renewal until such time as the teacher leaves the school and location for which the license is valid.

(g) All teachers in registered business schools/computer training facilities, English as a second language curricula, or high school equivalency programs shall be subject to the requirements of this subdivision.  Such teachers shall meet the requirements of paragraph (1) of this subdivision and have completed professional preparation specified in paragraph (4) of this subdivision, which shall be substantially equal to that required of teachers of equivalent curricula or courses in public secondary schools.

(1) Teachers shall meet the following requirements:

(i) be of good moral character as determined by the commissioner; and

(ii) have the instructional competency to provide the instruction authorized by the license, as determined by the commissioner, based on factors to be considered by the commissioner which shall include, but shall not be limited to, patterns of violations of the requirements of this Part or Article 101 of the Education Law, relating to the instruction of students.

(2) Scope of permits and licenses.  Teacher's permits or licenses issued on or after January 1, 1987 shall be valid at all registered business schools/computer training facilities for the instructional areas, curricula, or subjects indicated on the permit or license, except that permits or licenses for teaching specific technical occupational subjects or specific subjects from a curriculum certified by a nationally recognized vendor, or for instructors approved pursuant to subdivision (k) of this section shall be restricted to the specific school in which the teacher was employed at the time that such license was issued.  Teacher's permits or licenses shall be issued in the following instructional areas:

(i) accounting;

(ii) bank teller;

(iii) computer applications;

(iv) computer programming;

(v) court reporting;

(vi) English for speakers of other languages;

(vii) general academic;

(viii) hospitality management;

(ix) management and marketing;

(x) office skills;

(xi) paralegal;

(xii) travel and tourism;

(xiii) specific technical occupational subject(s) ; and

(xiv) specific subjects from a curriculum certified by a nationally recognized vendor .

(3) Term of permits and licenses. 

(i) Upon application, teachers who satisfy the requirements set forth in paragraph (1) of this subdivision and the applicable requirements set forth in paragraph (3) of this subdivision may be issued one of the following:

(a) a permit valid for one year from the date of issue;

(b) a provisional license valid for three years from the date of issue; or

(c) a full license valid for four years from the date of issue and renewable.

(ii) A permanent teacher's license issued prior to May 25, 2000, shall continue to be valid without renewal, except that such permanent teacher's license restricted to a specific school and location shall continue to be valid without renewal until such time as the teacher leaves the school and location for which the license is valid.

(4) Required preparation and training.

(i) Permits. Applicants for a permit shall meet the following requirements:

(a) For a permit in general academic, an applicant shall have been awarded a baccalaureate or equivalent degree from an institution whose programs are registered or recognized by the department.

(b) For a permit in accounting, office skills, or management and marketing, an applicant shall have been awarded a baccalaureate or equivalent degree and 18 semester hour credits in approved course work appropriate for the instructional area of the permit from an institution whose programs are registered or recognized by the department. Such 18 semester hour credits may be earned in the baccalaureate or equivalent program or may be credits earned in addition to credits earned in such a program.

(c) For a permit in English for speakers of other languages (ESOL), an applicant shall have been awarded a baccalaureate or equivalent degree from an institution whose programs are registered or recognized by the department; and either:

(1) shall have successfully completed an approved 30-clock-hour course in teaching English for speakers of other languages (ESOL) from a proprietary school association recognized by the commissioner; or

(2) shall have been awarded three semester hour credits in teaching ESOL from an institution whose programs are registered or recognized by the department.

(d) For a permit in computer applications or computer programming, an applicant either:

(1) shall have been awarded a baccalaureate or equivalent degree and 18 semester hour credits in approved course work appropriate for the instructional area of the permit from an institution whose programs are registered or recognized by the department, provided that such 18 semester hour credits may be earned in the baccalaureate or equivalent program or may be credits earned in addition to credits earned in such a program and that appropriate work experience may be substituted for up to six of the 18 semester hour credits; or

(2) shall have been awarded an associate degree in computer science from an institution whose programs are registered or recognized by the department and shall have completed two years of appropriate work experience in the instructional area of the permit.

(e) For a permit in hospitality management, an applicant either:

(1) shall have been awarded a baccalaureate in hospitality management from an institution whose programs are registered or recognized by the department; or

(2) shall have been awarded a baccalaureate or equivalent degree in another field and 12 semester hour credits in approved course work appropriate for a permit in hospitality management from an institution whose programs are registered or recognized by the department, provided that such 12 semester hour credits may be earned in the baccalaureate or equivalent program or may be credits earned in addition to credits earned in such a program, and shall have completed four years of appropriate work experience in hospitality management; or

(3) shall have been awarded an associate degree in hospitality management from an institution whose programs are registered or recognized by the department and shall have completed two years of appropriate work experience in hospitality management.

(f) For a permit in court reporting or paralegal, the applicant shall have been awarded a high school diploma or its equivalent, completed successfully an approved program in the instructional area of the permit, and completed two years of appropriate work experience.

(g) For a permit for bank teller, an applicant shall have been awarded a high school diploma or its equivalent and shall have completed four years of appropriate work experience.

(h) For a permit for travel and tourism, an applicant either:

(1) shall have been awarded a high school diploma or its equivalent and shall have completed four years of appropriate work experience in travel and tourism; or

(2) shall have been awarded an associate degree in travel and tourism from an institution whose programs are registered or recognized by the department and shall have completed two years of appropriate experience in the field of travel and tourism.

(i) For a permit for a specific technical occupational subject, an applicant shall have met the requirements for a temporary teacher's permit for teachers in licensed private schools, as set forth in subdivision (f) of this section.

(j) For a permit to teach a specific subject from a curriculum certified by a nationally recognized vendor, an applicant shall hold certification as an instructor by the vendor, in accordance with section 5002(6)(c) of the Education Law.

(ii) Provisional licenses. Applicants for a provisional license shall meet the appropriate requirements set forth in subparagraph (i) of this paragraph and shall also meet the following requirements:

(a) For a provisional license for all instructional areas identified in paragraph (2) of this subdivision with the exception of English for speakers of other languages (ESOL) and a specific technical occupational subject, an applicant shall have successfully completed either three semester credit hours of study in approved course work in general teaching methods from an institution whose programs are registered or recognized by the department, or an approved 30-clock-hour course in general teaching methods from a proprietary school association recognized by the commissioner.

(b) For a provisional license for accounting, bank teller, computer applications, computer programming, management and marketing, or office skills, an applicant shall have completed the requirements set forth in clause (a) of this subparagraph and shall have completed one year of either teaching experience, or college supervised student teaching or appropriate work experience, provided that such work experience is in addition to any work experience used to qualify for a permit.

(c) For a provisional license for court reporting, English for speakers of other languages (ESOL), general academic, hospitality management, paralegal, and travel and tourism, an applicant shall have completed the requirements set forth in clause (a) of this subparagraph and shall have completed one year of teaching experience or college supervised student teaching.

(d) For a provisional license for English for speakers of other languages (ESOL), an applicant shall have successfully completed either three semester credit hours of study in approved course work in general teaching methods from an institution whose programs are registered or recognized by the department, or an approved 30-clock-hour program in general teaching methods or methods of teaching English for speakers of other languages (ESOL) from a proprietary school association recognized by the commissioner.

(e) For a provisional license for a specific technical occupational subject or a specific subject from a curriculum certified by a nationally recognized vendor, an applicant shall have met the requirements for a provisional teacher's license for teachers in licensed private schools, as set forth in subdivision (f) of this section.

(iii) Full licenses. Applicants for a full license shall meet the appropriate requirements set forth in subparagraphs (i) and (ii) of this paragraph and shall also meet the following requirements:

(a) For a full license for all instructional areas with the exception of English for speakers of other languages (ESOL) and a specific technical occupational subject, applicants shall have successfully completed one additional year of teaching experience and either:

(1) an additional three semester credit hours of appropriate study in professional education from an institution whose programs are registered or recognized by the department; or

(2) an approved 60-clock-hour program(s) in professional education from a proprietary school professional association recognized by the commissioner.

(b) For a full license for English for speakers of other languages (ESOL), an applicant shall have successfully completed:

(1) one additional year of teaching experience; and

(2) for an applicant without three semester hour credits in methods of teaching English for speakers of other languages (ESOL) and three semester hour credits in general education methods from an institution whose programs are registered or recognized by the department, an approved 30-clock-hour program in either professional education or methods of teaching English for speakers of other languages (ESOL) from a proprietary school association recognized by the commissioner, provided that the applicant has completed a total of 60-clock-hours in approved study in methods of teaching English for speakers of other languages (ESOL) from such an association.

(c) For full license for accounting, general academic, management and marketing, office skills, computer applications, computer programming or hospitality management, an applicant shall have completed the requirements set forth in clause (a) of this subparagraph and shall have successfully completed an additional 12 semester credit hours of study in approved course work appropriate for the instructional area of the permanent license from an institution whose programs are registered or recognized by the department.

(d) For a full license for a specific technical occupational subject or a specific subject from a curriculum certified by a nationally recognized vendor, an applicant shall have met the requirements for a full teacher's license for teachers in licensed private schools, as set forth in subdivision (f) of this section.

(5) Continuing eligibility. A teacher holding a permanent license to teach in a registered business school that was issued prior to January 1, 1987 may continue to teach the subjects or curricula that appear on the license in the registered business school for which the license was issued.  

(h) Notwithstanding the provisions of subdivisions (f) and (g) of this section, instructors and/or examiners in home study, internet or correspondence schools must have appropriate education and experience qualifications acceptable to the commissioner to meet the requirements for a license.

  (i) Teacher's licenses or permits issued pursuant to subdivision (f) of this section may be amended to include additional curricula or courses upon the submission of such additional evidence of practical experience or education as required by the commissioner.

(j) A $50 nonrefundable application fee in the form of a check or money order payable to the State Education Department shall accompany all applications for teachers' permits and licenses, directors' permits and licenses, renewals thereof, and amendments of temporary permits and licenses.  All applications for a temporary permit or license issued in accordance with the provisions of subdivision (f) of this section shall be submitted by the director of the school.  Applications for licenses issued to teachers in registered business schools/computer training facilities in accordance with the provisions of subdivision (g) of this section may be submitted by the applicants or the directors of the schools.

(k) Upon a finding by the commissioner that an applicant possesses sufficiently unique and exceptional training and/or experience that are the substantial equivalent of the preparation and experience requirements of this section, a variance may be granted from any such requirements established in this section.

(l) All teachers or directors licensed pursuant to this section who hold a permit or a provisional license shall submit an application for the next level of licensure at least 30 days prior to the expiration of the existing permit or license. All full license holders must submit appropriate license renewal applications at least 90 days prior to the expiration of the existing license.

(m) An applicant for licensure pursuant to the requirements of subdivision (f) or (g) of this section shall be exempt from the required general teaching methods course and the professional education courses, if the applicant meets one of the following criteria:

(1) possesses a degree in doctor of law (J.D.), doctor of medicine (M.D.), doctor of philosophy (Ph.D.) or doctor of education (Ed.D); or

(2) is identified by the commissioner as a special lecturer for a non-occupational course who is employed by the school as an expert in the field to provide instruction for a limited component of a course or curriculum.

(n) Teachers of fine arts are exempt from professional teacher training requirements.

(o) Teachers whose education and practical experience qualifications were approved prior to July 1, 1973 will be deemed to have met the requirements of subdivision (f) of this section.

(p) Proprietary school professional associations approved by the commissioner to conduct teacher training courses as specified in this section may have such approval rescinded if the courses are not provided as approved including but not limited to the failure to conduct such courses the approved number of times.

(q) Substitute teachers. Only a teacher licensed pursuant to section 126.6 of this Part may act as a substitute teacher in a school under the following conditions:

(1) A teacher holding a license for a licensed private school shall not act as a substitute teacher in a registered business school/computer training facility unless otherwise approved by the commissioner.

(2) Except as otherwise noted in paragraph (3) of this subdivision, a substitute teacher shall be licensed in the course, curriculum or instructional area for which he or she is providing instruction.

(3) A school may utilize the services of a substitute teacher who is licensed but not licensed for the specific school and/or in the appropriate course, curriculum or instructional area, if such substitute teacher meets the following requirements:

(i) the school's director appoints an appropriately licensed teacher employed at the school to serve as a mentor for such substitute teacher, and such mentor meets with the substitute teacher at least one hour each week to review lesson plans, resolve problems, explain school policies and provide the necessary support for the substitute teacher; and

(ii) such substitute teaching shall not exceed 10 percent of the total hours of the course or curriculum offering.

126.7 Enrollment agreement and student refund policies.

(a) All conditions for enrollment in or completion of a curriculum or course shall be set forth in an enrollment agreement which shall be fully completed, dated and signed by both an authorized agent of the school and the student prior to the time instruction begins. The school shall retain a signed copy of the enrollment agreement and one signed copy shall be delivered to the student at the time of execution. The enrollment agreement may not be transferred or assigned to a third party. Acknowledgment of the receipt of a copy of the enrollment agreement by the student shall be made on the copy retained by the school.

(b) The enrollment agreement shall be printed in no less than 10-point type, shall contain no advertising or extraneous material and shall set forth briefly and clearly the following:

(1) the name of the school;

(2) the title of the curriculum, course or courses as approved;

(3) the length of the curriculum, course or courses in instructional hours;

(4) the schedule of sessions or hours per week or the number of lessons for home study, internet or correspondence instruction;

(5) the name and date of birth and social security number of the student;

(6) the amount of the tuition fee and the amount of the application or registration fee set forth separately. Any portion of the application or registration fee that is nonrefundable shall be stated separately and shall be clearly identified as a nonrefundable application or registration fee;

(7) the amount of any and all other fees and charges required for completion of the course. Fees and charges, such as student fee for kit, textbooks, tools, equipment and supplies, make-up fees, laboratory fees and deposits, shall be itemized separately and shall not be included in tuition.

(8) the total cost of the course of instruction;

(9) provision for the method or methods of payment;

(10) the conditions of any approved cooperative practical experience outside the school premises;

(11) the following statement "while placement service may be provided, it is understood that the school cannot promise or guarantee employment to any student or graduate" or a similar statement acceptable to the commissioner;

(12) such reasonable rules, regulations and conditions as the school may desire to set forth in the agreement;

(13) the names and certificate numbers of the agents responsible for procuring, soliciting or enrolling the student or enrollee. The enrollment agreement shall contain an appropriate place in which the student shall by signature, confirm the names of such agents;

(14) a separately signed acknowledgment by the student that he or she has received the disclosure material, as required by section 5005 of the Education Law; and

(15) the refund a school will make in the event a student fails to enter, withdraws, or is discontinued from instruction consistent with the provisions set forth in subdivision 3 of section 5002 of the Education Law and subdivision (d) of this section; or for schools using the correspondence, internet or home study method of instruction, subdivision (c) of this section.

(c) Enrollment agreements for curricula and courses offered by schools using the correspondence, internet or home study method of instruction shall meet the requirements of the Personal Property Law, section 412-a.

(d) Enrollment agreements shall provide for a reasonable adjustment of tuition and other fees. Except as otherwise provided in subdivision (e) of this section and Education Law, section 5002(3), a refund policy not consistent with the following shall not be approved:

(1) Definitions. As used in this subdivision:

(i) Quarter means up to 14 weeks of instruction.

(ii) Term or semester means between 15, 16, 17 or 18 weeks of instruction.

(iii) Except as otherwise provided in paragraph (2) of this subdivision, a week of instruction means between 2 and 30 clock hours of instruction within seven consecutive days. Upon approval of the commissioner, a school may exceed such hours provided that: the school has submitted an educational justification for exceeding 30 hours per week; and the program provides for one hour off for each student within each day of instruction.

(2) If in calculating the weeks of instruction pursuant to subparagraph (1) (iii) of this subdivision, the total number of calendar weeks is six or less, then a week of instruction shall be defined as follows:

(i) the first week of instruction means 0 to 15 percent of the program's total clock hours;

(ii) the second week of instruction means 16 to 30 percent of the program's total clock hours;

(iii) the third week of instruction means 31 to 45 percent of the program's total clock hours;

(iv) the fourth week of instruction means 46 to 60 percent of the program's total clock hours;

(v) the fifth week of instruction means 61 to 75 percent of the program's total clock hours;

(vi) the sixth week of instruction means 76 to 90 percent of the program's total clock hours; and

(vii) the seventh week of instruction means 91 to 100 percent of the program's total clock hours.

(3) A school shall divide all courses or curricula into quarters or terms. In establishing such quarters or terms, the school shall take into account the educational purposes of the program, and to the maximum extent possible, ensure that units of instruction or courses are coterminous with a quarter or term.

(4) The student refund policy for the first term or quarter of any program, as set forth in section 5002 (3) (b) of the Education Law, shall be clearly stated in the enrollment agreement.

(5) For those programs with a second term or quarter, the student refund policy for the second term or quarter shall be the same as the first quarter or term unless the school demonstrates that there were no significant educational changes in the student's educational program at the time of a student's termination, in which case the student refund policy for the second term or quarter shall be the policy set forth in section 5002(3)(c)(1) of the Education Law.  

(6)  For those programs with a third or subsequent term or quarter, the tuition refund policy for such third or subsequent term or quarter shall be the policy set forth in section 5002(3) (c) (1) of the Education Law.

(7) Fees and charges as described in paragraph (b) (7) of this section, and paid to the school for goods or services which have not been provided by the school and accepted by the student, shall be refunded.

(8) Notwithstanding any other provision of this subdivision, an application or registration fee not to exceed 10% of the tuition cost of the program or $100, whichever is less,  may be retained by the school, in whole or in part, if the student signs the enrollment agreement, except for schools using the correspondence, internet or home study method of instruction which shall comply with subdivision (c) of this section.

(9) In the case of a school in which the instruction is given in residence, a student may cancel the agreement at no penalty, with the exception of the loss of that portion of the application or registration fee which is designated in the agreement as nonrefundable, by notifying the school in writing within seven days after midnight of the day on which the agreement was signed, provided the student has not yet entered into instruction. Before entering into instruction, a student may cancel the agreement after the seven-day period. In such a case, the student will be liable only for the nonrefundable application or registration fee and any books or supplies that have been accepted.

(e) Notwithstanding the provisions of subdivision (d) of this section, a school accredited by a nationally recognized accrediting agency may use the refund policy of such agency only to the extent that such policy offers the student less tuition liability than the provisions of section 5002(3) of the Education Law and is approved by the commissioner. A school required by Federal law to follow a predetermined student refund policy may do so only to the extent that such student refund policy offers the student less tuition liability than the provisions of section 5002(3) of the Education Law and is approved by the commissioner.

(f) If a transcript is to be withheld until all fees and charges have been met, the enrollment agreement must so state.

(g) Any refunds due to students who cancel, withdraw or are discontinued shall be made within 45 days of such action pursuant to section 5002(3)(g) of the Education Law.

126.8 Resources.

(a) The owners, or chief administrative officer of a private school shall submit to the commissioner such evidence as he may require to determine the adequacy of resources beyond all indebtedness available for instruction purposes and to ensure financial viability of the school to meet its obligations to all enrolled students as defined in their enrollment agreements. Schools failing, in the judgment of the commissioner, to maintain such adequacy of resources may be subject to probation as defined in section 5001(6) of the Education Law.

(b) Financial reports.

(1) The initial application for licensure of a school organized as or owned by a corporation or partnership shall be accompanied by the following financial reports:

(a) Each licensed private school and registered business school/computer training facility shall publish a catalog or bulletin, which shall be furnished to each prospective or enrolled student, which shall include the following:

(1) identifying data, such as volume number and date of publication;

(2) names of the school and its governing body, officials and faculty, and other instructional personnel and their qualifications;

(3) a calendar of the school showing legal holidays, beginning and ending dates of each quarter, term, or semester, and other important dates;

(4) school policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course;

(5) school policy and regulations relative to leaves of absence, class cuts, makeup work, tardiness and interruptions for unsatisfactory attendance;

(6) school policy and regulations relative to standards of progress required of the student by the school. Such policy shall define the grading system of the school, the marking periods used at the school,the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress; and shall describe the probationary period, if any, allowed by the school, conditions for reentrance for those students dismissed for unsatisfactory progress, and the student progress records kept by the school and furnished to the student. Such standards of progress shall conform with the requirement set forth in section 126.4 of this Part;

(7) school policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct;

(8) a detailed schedule of fees or charges for registration, tuition, books, supplies, tools, student activities, laboratory use, rentals, deposits, uniforms, equipment, taxes and all other charges associated with the program;

(9) school policy and regulations relative to the refund of the unused portion of tuition, fees and other charges in the event the student does not enter the course, or withdraws or is discontinued. Catalogs shall contain the following statement "the failure of a student to immediately notify the school director in writing of the student's intent to withdraw may delay a refund of tuition to the student pursuant to section 5002(3) of the Education Law";

(10) a description of the available space, facilities and equipment including any special facilities and services available to students with disabilities or handicapping conditions;

(11) a description of each course or curriculum including program objectives, the length of the total program and, if applicable, the length and description of the individual courses within the curriculum;

(12) school policy and regulations relative to granting credit for previous educational training;

(13) financial assistance information to be disseminated to enrolled and prospective students, including:

(i) a description of all State, Federal and school financial aid programs including scholarship or grant programs offered by the school. Such description shall also include the procedures for the preparation of forms to apply for such aid, student eligibility requirements, and criteria for selecting recipients and determining the amount of a student's award. Standard current descriptions of State and Federal financial assistance programs will be provided by the Education Department in cooperation with the Higher Education Services Corporation to the schools subject to the provisions of this Part. Such descriptions, or other equivalent descriptions providing the required information, along with current procedures and definitions related to emancipated student status, shall be provided by the schools to enrolled and prospective students. Where summary information is provided, a school office where detailed information can be obtained shall be identified;

(ii) a statement of the rights and responsibilities of students receiving financial aid under the programs listed above. This information shall include:

(a) criteria for continued eligibility for each program, including the financial conditions which must be met;

(b) criteria for determining that a student is in good standing and maintaining satisfactory progress in his course of study, and the criteria by which a student who has failed to maintain satisfactory progress or good standing may reestablish his or her eligibility for aid;

(c) the means by which payment of awards will be made to students, and the frequency of such payment;

(d) the terms, and expected schedules, of repayment of any loan received by a student as a part of the student's financial aid; and

(e) the general conditions and terms of any employment provided to a student as part of the student's financial aid;

(iii) the designated employee or group of employees, by title, who are available to assist students in obtaining the information specified above;

(14) data regarding student completion and job placement as set forth in subdivision (f) of section 126.10 of this Part for the two most recent reporting periods. Such reporting periods shall be defined by the commissioner;

(15) the pass rate of the school's graduates for any license or certificate examination required by the State for employment in a specific vocational, trade or career field for which the school provides training programs. Such information shall be for a reporting period defined by the commissioner;

(16) the names of associations, agencies or governmental bodies which accredit, approve, register or license the school;

(17) a description of the complaint procedures pursuant to section 5003 of the Education Law;

(18) a description of the process for obtaining a tuition refund from the tuition reimbursement fund pursuant to section 5007 of the Education Law; and

(19) such other information as the commissioner may require.

(b) Each school catalog or bulletin shall be approved by the commissioner prior to its use, except as provided in section 5002(5)(f) of the Education Law or subdivision (c) of this section.

(c) As an alternative to the prior approval of a catalog or bulletin by the commissioner, a school may submit, in a form prescribed by the commissioner, an attestation that the catalog or bulletin meets all of the requirements set forth in subdivision (a) of this section, is true and accurate, and contains no false, misleading, or fraudulent representations. A subsequent determination by the commissioner that the catalog does not meet the requirements of subdivision (a) of this section, or is not true and accurate, or that the catalog contains false, misleading or fraudulent representations, may subject the school to disciplinary action, as prescribed in section 126.14 of this Part and section 5003 of the Education Law.

(a) Every applicant shall submit an application for licensure of a private school or registration of a business school/computer training facility, upon forms provided by the commissioner, together with such other information as the commissioner may require, including applications for approval of curricula or courses of study, quarters or facilities, required personnel licenses, and documentation of ownership and adequacy of resources. The application shall be accompanied by the statutory fee. The commissioner shall act on an initial application for a license or registration within 120 days of receipt of a complete application. In accordance with section 5001(4) of the Education Law,  the applicant shall receive a written approval or denial, together with the reasons for a denial of such application.

(b) An application for renewal of any license or registration shall be submitted at least 120 days prior to the expiration date of the current authorization, on a form prescribed by the commissioner and accompanied by the statutory fee; annual financial reports on forms prescribed by the commissioner; and such other information as the commissioner may require. When complete and timely application for renewal of any license or registration has been made, the school shall receive a written approval or denial, together with the reasons for denial of renewal, from the commissioner no less than 30 days prior to the date such license or registration expires.

(c) Pursuant to section 5001(7) of the Education Law, no license or registration granted under this Part shall be transferrable or assignable without the approval of the commissioner. Any transfer or assignment of any interest totaling 10 percent or more, whether direct or indirect, in the total equity or assets of a school shall be deemed a transfer of such schools' license or registration. The commissioner shall approve or deny a transfer or assignment based on the requirements set forth in this Part. Such approval or denial, together with the reasons for denial, shall be transmitted in writing within 90 days of the receipt of the complete application by the commissioner. Upon a showing of good cause as to why the applicant could not obtain the commissioner's approval prior to a transfer or assignment, the commissioner shall temporarily approve the transfer or assignment for a period not to exceed 45 days and for such additional periods as the commissioner may deem appropriate.

(d) Each school shall display, near the entrance to the school and under glass, the license or registration which has been issued to it. Such authorization shall be displayed only during the period of its validity.

(e) A school shall be subject to an annual assessment based on the school's gross tuition from the previous year, in accordance with the requirements of sections 5001(9) and 5007(10) of the Education Law. For a school in operation in the year prior to the issuance of its license or registration, such assessment shall begin in its initial year of licensure or registration, based on the school's gross tuition from such previous year, in accordance with the requirements of sections 5001(9) and 5007(10) of the Education Law.

(f) Each school shall submit annual statistical reports on forms prescribed by the commissioner. Such statistical reports shall be certified by the owner that they are true and accurate, in a manner established-by the commissioner. The commissioner may require audited statistical reports upon a determination that a school has provided false or inaccurate statistical reports. Statistical reports shall be submitted annually for a reporting period established by the commissioner and shall include the following information:

(1) number of applicants, by gender and program of instruction, who were accepted for enrollment during the reporting period;

(2) number of applicants, by gender and program of instruction, who applied for, but were denied, enrollment because they failed to satisfy the entrance requirements;

(3) number of full-time and part-time students, by gender and program of instruction, enrolled at the beginning of the reporting period;

(4) number of full-time and part-time students, by gender and program of instruction, who enrolled during the reporting period;

(5) number of full-time and part-time students, by gender and program of instruction, who were still enrolled at the end of the reporting period;

(6) number of full-time and part-time students, by gender and program of instruction, who graduated during the reporting period;

(7) number of full-time and part-time students, by gender and program of instruction, who withdrew without completing the program of instruction during the reporting period;

(8) number of full-time and part-time students, by gender and program of instruction, who received financial assistance from Federal and/or State programs during the reporting period; and

(9) the employment or educational status, by gender and program, of students graduating during the reporting period.

(g) Schools conducted for profit which provide instruction in English as a second language or preparation for the high school equivalency examinations to out-of-school youth or adults which are required to be licensed under section 5001 of the Education Law, pursuant to chapter 887 of the Laws of 1990, shall comply with the provisions of this Part, article 101 of the Education Law and all other applicable laws and regulations, in a time frame established by the commissioner. Such schools in operation prior to September 1. 1990 may be granted a variance from any provision of this Part relating to an initial or renewal application for licensure, if in the judgment of the commissioner, the educational quality of the program or financial viability of the school will not be impaired.

(h) Alternate licensing procedures for correspondence, internet or home study schools. Pursuant to section 5001(4)(f) of the Education Law, correspondence, internet or home study schools in which all approved programs and courses are under 300 hours shall be subject to all of the requirements of article 101 of Education Law and this Part, except that they shall be exempt from the following provisions:

(1) paragraphs (8) and (9) of subdivision (f) of this section relating to the reporting of financial assistance and placement information;

(2) section 5002(1)(c)(1) of the Education Law relating to the passing of an entrance examination, provided that the commissioner determines that such action will not impair a student's ability to successfully complete the program;

(3) section 5002(l)(c)(2) of the Education Law relating to the required counseling plan for schools admitting students who do not possess a high school diploma or its equivalent, provided that the commissioner determines that such action will not impair a student's ability to successfully complete the program;

(4) section 126.4(a) of this Part relating to student-to-teacher ratio;

(5) section 126.4(e) of this Part relating to attendance requirements;

(6) section 126.5 of this Part relating to equipment and housing;

(7) section 126.7 relating to enrollment agreements with the exception of section 126.7(c) relating to refund policies for correspondence schools;

(8) section 126.9(a)(13) of this Part relating to financial information in a school's catalog;

(9) placement data as required in section 126.9(a)(14) of this Part for a school's catalog;

(10) section 126.9(a)(10) of this Part relating to facilities and equipment information in a school's catalog;

(11) section 5005(a)(7)of the Education Law relating to a description of facilities and equipment in the student disclosure material; and

(12) section 5005(c) of the Education Law relating to a description of financial information in the student's disclosure material.

(i) Alternate licensing procedures for schools exempt from licensure pursuant to subdivision (2) of section 5001 of the Education Law which elect to be licensed.

(1) Exempt schools operated, licensed, regulated, approved by or contracting with a governmental agency or authority, which elect to be licensed.

(i) Exempt schools operated, licensed, regulated, approved by or contracting with a governmental agency or authority, which elect to be licensed, shall meet all of the requirements of article 101 of the Education Law and this Part, except that such schools may meet the requirement for a certificate of occupancy by meeting the requirement in paragraph (3) of this subdivision and except that such school shall be subject to an alternate requirement established by the governmental agency or authority, provided that the commissioner determines that such requirement is equivalent to a requirement established in one or more of the following provisions:

(a) subdivisions (4) and (5) of section 5002 of the Education Law and section 126.4(a)-(d) and (f)-(g) of this Part relating to curriculum approval and reapproval;

(b) subdivision (6) of section 5002 of the Education Law and section 126.6 of this Part relating to teacher and director licensing;

(c) section 5004 of the Education Law and section 126.12 of this Part relating to school agents, for only those schools which enroll students solely on the basis of a contract with an organization or business, which do not solicit enrollment through communication aimed at the prospective student, and where there is no tuition liability to the student;

(d) paragraph (e) of subdivision (3) of section 5001 of the Education Law and section 126.8 of this Part relating to financial resources and financial statements;

(e) section 126.4(e)(2)of this Part relating to academic standards of progress; and

(f) section 126.11 of this Part relating to school and student records.

(ii) The commissioner shall consult with the governmental agency or authority which operates, licenses, regulates, approves or contracts with such a school before implementing the provisions of section 5003(6) of the Education Law relating to civil penalties and administrative action against such school.

(2) Other exempt schools which elect to be licensed. All exempt schools which elect to be licensed, with the exception of those specified in paragraph (1) of this subdivision, shall meet all of the requirements of article 101 of the Education Law and this Part, except that such schools may meet the requirement for a certificate of occupancy by meeting the requirement in paragraph (3) of this subdivision.

(3) For any exempt school which elects to be licensed pursuant to article 101 of the Education Law and this Part and is in existence prior to such licensure, a certificate of occupancy which was in effect at the time of application for licensure shall be acceptable to the commissioner, provided that the governmental authority issuing such certificate of occupancy has determined that the certificate of occupancy is valid as of that date.

(j) Alternate licensing requirements for nonpublicly funded ESL schools.

(1) General provisions.

(i) Nonpublicly funded ESL schools shall be exempt from the requirements of this Part and Article 101 of the Education Law, except as provided in this subdivision.

(ii) Schools that meet the requirements of this subdivision shall receive initial certification for a two-year period and renewal certification for a four-year period and shall be listed in the New York State English as a Second Language School Registry.

(iii) Schools shall be subject to unscheduled visits by the commissioner or the commissioner's designee to ensure the school's compliance with the requirements of this subdivision.

(iv) Upon request by the department, schools shall provide any and all records necessary to review compliance with the requirements of this subdivision.

(v) The payment of all fees and assessments required by this subdivision shall be considered a condition of certification.

(vi) The definitions in section 126.1 of this Part shall be applicable to such schools.

(2) Application procedures.

(i) Initial certification.

(a) Schools shall apply for initial certification on an application form prescribed by the commissioner and shall submit with such application a nonrefundable and nontransferable $250 certificate fee.

(b) Schools shall submit the following information with a completed application for initial certification:

(1) sample enrollment agreements, which meet the requirements in paragraph (6) of this subdivision, used for each English as a second language curriculum offered by the school;

(2) a complete description of the content of all English as a second language curricula offered by the school in a form prescribed by the commissioner;

(3) a description of refund policies which pertain to English as a second language curricula in the event a student fails to enter, withdraws or is discontinued from instruction;

(4) educational and administrative policies and procedures that are provided students in English as a second language curricula upon enrollment;

(5) disclosures required to be made to students, pursuant to paragraph (5) of this subdivision;

(6) evidence, satisfactory to the commissioner, that the school meets the requirements relating to personnel in paragraph (3) of this subdivision; and

(7) evidence, satisfactory to the commissioner, that the school meets the requirements relating to facilities and equipment in paragraph (4) of this subdivision.

(8) an unaudited statement of revenue, as prescribed by the commissioner, for the previous fiscal year.

(ii) Renewal of certification.

(a) Schools shall apply for renewal of certification at least 120 days prior to the expiration of the current certificate on an application form prescribed by the commissioner and shall submit with such an application a nonrefundable and nontransferable fee in accordance with the provisions of sections 5001(4)(b) and 5001(4)(g) of the Education Law.

(b) Schools which received in excess of $250,000 gross tuition in the previous school fiscal year shall submit with such completed application an audited statement of revenue to the commissioner for that fiscal year, and schools which received $250,000 or less in gross tuition in the previous school fiscal year shall submit an unaudited statement of revenue, as prescribed by the commissioner, for that fiscal year.

(iii) A school shall submit to the commissioner any changes in the information, policy or programs which it has submitted in support of an application for initial certification or an application for renewal of certification 14 days prior to the date on which such changes take effect.

(3) Personnel.

(i) Director.

(a) Each school shall employ a director who shall meet the requirements in section 126.6(d)(1)(i), (2) and (3) of this Part and this subparagraph.

(b) Directors' permits or licenses ,issued on or after May 25, 2000, shall be renewable and valid only for the school for which they are issued. No individual may be employed as a director at more than one school without the approval of the commissioner. An ESL school director's license, issued on or after May 25, 2000, shall be valid for the same period for which the school is licensed or registered.

(c) Individuals shall apply for a director's license, or renewal thereof, on an application form prescribed by the commissioner. Such application form shall be submitted to the commissioner with a nonrefundable and nontransferable application fee of $50. A school director's license renewal application shall be submitted with the renewal application of the employing school.

(d) Any permanent director's license, issued prior to May 25, 2000, shall continue to be deemed approved without renewal until such time as the director leaves the school and location for which the license is valid.

(ii) Private school agent.

(a) Each school shall employ at least one private school agent who meets the requirements in this subparagraph.

(b) Each agent shall produce his or her agent certificate upon the request of the commissioner, the commissioner's designee, or any prospective student.

(c) A school shall submit an application for licensure for an agent on or before the first day of employment of such individual, in accordance with the requirements of subdivision (a) of section 126.12 of this Part.

(d) A school or its private school agent, as applicable, shall meet the requirements in subdivisions (b), (c), (d), and (e) of section 126.12 of this Part.

(e) A private school agent meeting the requirements of this paragraph shall take responsibility for enrolling each student enrolled in an English as a second language curriculum.

(iii) Teachers.

(a) Teachers providing instruction in English as a second language programs at a nonpublicly funded ESL school shall have been awarded a baccalaureate or equivalent degree from an institution registered or recognized by the department; and have successfully completed either an English as a second language training program recognized by the department or one year of teaching experience in an English as a second language program.

(b) Upon a finding by the commissioner that the applicant possesses sufficiently unique and exceptional training and/or experience that are substantially the equivalent of the requirements set forth in clause (a) of this subparagraph, a variance may be granted from such requirements.

(4) Facilities and equipment. The buildings, rooms or space in which staff and students are housed for any purpose while attending school, and all facilities and equipment therein, shall meet the applicable standards of local fire, health and building authorities.

(5) Disclosure to students. For all students enrolled in English as a second language curricula, schools shall provide the following information to students in a format prescribed by the commissioner prior to the execution of the enrollment agreement with them:

(i) a description of the status of the school as a nonpublicly funded English as a second language school certified by the New York State Education Department as meeting alternative licensing requirements and not subject to all of the licensing standards and requirements in Article 101 of the Education Law and Part 126 of the Regulations of the Commissioner of Education which are applicable to licensed private schools and registered business schools/computer training facilities;

(ii) a description of the complaint procedures established pursuant to Education Law §5003(l)(c); and

(iii) a description of the process for obtaining a refund from the tuition reimbursement fund.

(6) Enrollment agreement.

(i) An enrollment agreement shall be completed for all students enrolled in English as a second language curricula. Such an enrollment agreement shall meet the requirements in subdivision (a) of section 126.7 of this Part.

(ii) The enrollment agreement shall be printed in no less than 10-point type, shall contain no advertising or extraneous material and shall set forth briefly and clearly the following:

(a) the name of the school;

(b) the title of the curriculum, course or courses for which the student is contracting;

(c) the length of the curriculum, course or courses in instructional hours;

(d) the name and address of the student;

(e) the full contract price for instruction, including all fees, tuition, and costs of textbooks, materials, and equipment;

(f) the method of payment;

(g) such reasonable rules, regulations and conditions as the school may desire to set forth in the agreement;

(h) a separately signed acknowledgment by the student that he or she has received disclosure material, as required by paragraph (5) of this subdivision;

(i) the refund the school will make in the event a student fails to enter, withdraws or is discontinued from instruction which is consistent with the refund policy submitted to the department, pursuant to the requirement in subclause (3) of clause (b) of subparagraph (i) of paragraph (2) of this subdivision; and

(j) the name and certificate number of the school agent responsible for enrolling the student.

(7) Advertising. A school shall meet the requirements of subdivision (a) of section 126.3 of this Part and shall be subject to section 5002(7) of the Education Law.

(8) Records. Records and files of a school pertaining to English as a second language curricula shall be maintained for three years at the location of the school or other principal place of business in New York State, unless specific disposition is authorized by the commissioner, and shall include: <> <>

(i) copies of all advertising, bulletins and other promotional materials;

(ii) the attendance register for each class, laboratory or session;

(iii) records of instructional staff showing qualifications and teaching schedules;

(iv) a completed copy of the student enrollment agreement contract signed by both an authorized agent of the school and the student prior to the time instruction begins;

(v) records of all tuition and fees owed and paid by the student; and

(vi) date of student completion or discontinuance.

(9) Teachout plans. A school may submit a teachout plan for English as a second language curricula to the commissioner for approval, subject to the requirements of section 5006 of the Education Law and section 126.16 of this Part.

(10) Disciplinary actions and penalties. Section 5003 of the Education Law shall be applicable to nonpublicly funded ESL schools, except that subparagraph (2) of paragraph (b) of subdivision (1) of such section shall not be applicable and in lieu of that requirement good cause shall include violation of any provision of this subdivision, including requirements of this Part and Article 101 of the Education Law made applicable by this subdivision. Section 126.14 of this Part shall be applicable.

(11) Supervision account and tuition reimbursement account assessments.

(i) The commissioner shall annually assess each school an assessment equal to five-tenths of one percent of its gross tuition, as determined by the audited statement of revenue or the unaudited statement of revenue, as required by this subdivision, of which three-tenths of one percent shall accrue to the benefit of the tuition reimbursement account and two-tenths of one percent shall accrue to the benefit of the proprietary vocational school supervision account.

(ii) The commissioner shall also assess each school additional assessments as applicable under subdivision 10 of section 5007 of the Education Law.

(iii) For ESL schools in operation in the year prior to the issuance of their certification, such annual assessments prescribed in this paragraph shall begin in their initial year of certification, based on the schools' gross tuition from such previous year.  For new ESL schools, the commissioner shall base the assessments prescribed in this paragraph on the annualized gross tuition of the school computed by the department from financial reports from the school as required by the department, and the assessments shall be prorated based upon the number of quarters that the school has operated in the assessment year.

(iv) The assessments prescribed in subparagraphs (i) and (ii) of this paragraph shall be based upon each school's gross tuition from the previous year, and shall be payable in equal installments which shall be due on June first, September first, December first and March first.

(i) For all English as a second language curricula, schools shall comply with subdivisions (1) through (8) of section 5007 of the Education Law, except that paragraph (a) of subdivision (3) and paragraph (b) of subdivision (4) of such section shall not be applicable. Subparagraph (3) of paragraph (b) of subdivision (3) of such section shall not be applicable and in lieu of that requirement claimants shall be required to show that the school has failed to make the refund within the time period required by school policy.

(ii) A student enrolled in an English as a second language curriculum in a school which has not closed or ceased operation, and who has not dropped out, is entitled to a full refund, provided that:

(a) the student has submitted a complaint form to the commissioner; and

(b) the commissioner has determined that the school has committed one or more of the following violations:

(1) operating a school with a registry certificate which has been suspended, revoked or not renewed;

(2) using false, misleading, deceptive or fraudulent advertising;

(3) having no licensed private agent responsible for enrolling the student;

(4) using fraudulent or improper claims by a licensed agent or school representative to enroll the student;

(5) misrepresenting the school or failing to comply with the requirements of paragraph (2) of this subdivision;

(6) dismissing or terminating a student for other than just cause; or

(7) committing any additional violation for which the commissioner demonstrates that the student would not have enrolled in the curriculum but for the commission of that violation.

126.11 Records.

(a) All records and files of a school shall be maintained for seven years, except for permanent student records as provided in subdivision (b) of this section, unless specific disposition is authorized by the commissioner, and shall include:

(1) all approved courses of study, accompanied by letters from the department granting such approval;

(2) all correspondence with the department and other supervisory agencies;

(3) copies of all advertising, bulletins and other promotional materials;

(4) the attendance register, for each class, laboratory or session, progress in training and payments made to the school either by the student or on his behalf;

(5) records of administrative, supervisory and instructional staffs showing qualifications, approval by the department, teaching schedules and pupil load, attendance, contract salary and salary payments;

(6) inventories of equipment and consumable supplies;

(7) financial records in such form and kept in such manner as may be specified by the commissioner to facilitate the determination of the quality of instruction given and the ability of the school to discharge its obligations to its students;

(8) documentation of entrance requirements for each course or curriculum for which the student has enrolled;

(9) a completed copy of the student enrollment agreement contract signed by both an authorized agent of the school and the student prior to the time instruction begins;

(10) records of all tuition and fees owed and paid by the student; all loans and grants from public sources received by the student or the school on behalf of the student; and the complete record of the disbursement of such public funds;

(11) documentation of the award of any advanced credit due to previous academic or practical experience, and a record of any substitutes to the course or curriculum approved by the department as a result thereof;

(12) records of employment or educational status of each student graduating during a reporting period established by the commissioner, which include the name, address and telephone number of hiring employer, the job title and the starting date of employment, or the name and address of the educational institution and the date when the student started instruction at that institution.

(b) Student permanent records, compiled at the time of course or curriculum completion, discontinuance or withdrawal, shall be maintained in a single file for each student, for a period of not less than 20 years after the student completes the program, and contain the following information:

(1) name, address, date of birth and gender;

(2) date of enrollment;

(3) name of curriculum, course or courses taken;

(4) record of all final tests and grades earned for each course or curriculum;

(5) date of completion or discontinuance; and

(6) a notation whether a certificate or diploma was issued and the date issued.

(c) No school shall discontinue operation or surrender its license or registration unless written notice of its intention to do so and a plan for maintenance of safe keeping of the records of the school is provided to the commissioner at least 30 days prior