New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
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 and is 100 clock hours or longer in duration.
(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 and is less than 100 clock hours in duration.
(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, 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, number 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) Practical experience means full-time work
				  experience, or its part time equivalent, that is acceptable to the commissioner
				  using skills included in the occupation for which the program is designed and
				  approved.
(o) Gross tuition means
				  all revenues 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 registration fees,
				  the sale of books, supplies, services, kits, uniforms or equipment.
(p) School means a licensed private career
				  school, or licensed private school 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) 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) Occupationally required credential means
				  a professional license, vendor certification, or other credential that is
				  required for employment in the occupation or where employment in the occupation
				  without such a credential is diminished.
(w) Audited financial statement means a
				  financial statement prepared by a licensed public accountant or a certified
				  public accountant in accordance with generally accepted accounting principles
				  issued by the American Institute of Certified Public Accountants.
(x) Certified English as a second language
				  schools or 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.
(bb) Solicit or Procure
				  means inducing or attempting to induce a prospective student to sign an
				  enrollment agreement with a licensed private career school, private career
				  school or a certified English a s a second language school as defined in
				  section 5001  of the Education Law.
(cc) Enroll means the execution of an
				  enrollment agreement between a prospective student and a licensed private
				  career school or private career school or a certified English as a second
				  language school as de fined in section 5001  of the Education Law.
(dd) Online education marketplace shall mean
				  a website or other internet-based online technology tool with which a licensed
				  private career school or private career school or certified English as a second
				  language school as defined in section 5001  of the Education Law contracts for
				  marketing or advertising services, or services in connection with the
				  collection of tuition and/or fees, to the extent authorized in section 5004 (3)  of the Education
				  Law.
The amended version of this section by
					 New
					 York State Register January 26, 2022/Volume XLIV, Issue 04, eff.
					 1/26/2022 is not yet
					 available