Current through Register Vol. 46, No. 12, March 20, 2024
(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.
(13) documentation of the academic standing
evaluations and academic counseling in the student record pursuant to
subparagraph (2) of subdivision (e) of section
126.4
of this Part, on forms approved by the commissioner.
(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 and
date of birth;
(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 to such discontinuance
or surrender. Such plan shall provide for the transportation of all student
records set forth in subdivision (b) of this section in a manner and to a
location prescribed by the commissioner. The cost of such transfer of records
shall be paid for by the school. Schools with common ownership may, with the
approval of the commissioner, store such records at another school with common
ownership.
(d) Upon the approval of
the commissioner, schools may maintain student permanent records via electronic
means or microfilm. Such media shall be in a format acceptable to the
commissioner and transferred upon school closure or discontinuance of
operation, in accordance with section
5001(8) of the Education
Law and subdivision (c) of this section.
(e) Schools receiving Federal funds shall
maintain records required by the applicable Federal statutes and
regulations.
