NY Educ L § 5006 (2021)
2021 New York Laws EDN - Education Title 6 - Special Schools and Instruction Article 101 - Licensed Private Career Schools and Certified English as a Second Language Schools 5006 - Teachout Plans.

§ 5006. Teachout  plans. 1. A school may submit a teachout plan to the commissioner for approval pursuant to  regulations  established  by  the commissioner.  A  teachout  plan  shall  consist of a contract between a licensed private career school, with another school, hereinafter  called the  teachout  school,  so  that  in the event that the licensed private career school ceases instruction, the teachout school will  provide  the necessary  instruction  specified  in  a  student's  original enrollment agreement with the school  ceasing  instruction.  A  teachout  plan  may employ  more than one teachout school to provide instruction to students in the school ceasing instruction. Schools under  common  ownership  but having   separate   licenses   may,  subject  to  the  approval  of  the commissioner, enter into teachout agreements. A  teachout  plan  may  be contracted  between the commissioner and one or more teachout schools in the event that the closing school is unable or unwilling to do so.   2. A teachout plan shall include the  following  provisions:  (a)  the teachout  school  must  offer  courses  of  study that are substantially similar to those offered in the school ceasing instruction;  (b) teachout schools must be located in the geographic area  in  which the  school  ceasing  instruction  was located unless the school ceasing instruction provided distance learning or online training;  (c) all provisions for  a  teachout  plan  must  be  included  in  the enrollment agreement signed by the student; and  (d)  the  teachout  school  shall  agree  to  fulfill  the  enrollment agreement signed by the student at the school ceasing instruction.   3. The licensed school shall provide to the teachout school and to the department the following information prior to closure:  (a) Copies of the academic and financial records for all  students  in attendance at the school at the projected time of closure;  (b)  A  listing of all such students presently in attendance including their names, addresses, social security numbers,  curriculum  that  each student  is  enrolled  in and the number of hours the students will have completed at the time of the school closure.   4. The department will provide to  the  teachout  school,  immediately upon  notification  of  a  school  closing,  a  copy  of  each  approved curriculum that the closing school is presently offering.   5. The commissioner shall require all teachout schools to address  the following issues:  (a)  Integration  of students into a curriculum which may be different from the curriculum in which they are currently receiving instruction;  (b) Assessments of students' progress so that they may be placed  into an appropriate course;  (c)  Provision of remedial instruction to students who are found to be deficient in one or more course areas upon their initial assessment;  (d) Provision by  the  teachout  school  to  adhere  to  the  required student/teacher ratios and room capacities; and  (e)  Compliance  with statutory and regulatory requirements during the teachout.   6. The student shall not be subject to  any  costs  beyond  the  total costs identified in the original enrollment agreement.   7.  A student may decline to pursue instruction at the teachout school and may instead seek a refund pursuant to section five thousand seven of this article.