2023 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.