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 126.3 - Advertising

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 126.3

Current through Register Vol. 46, No. 12, March 20, 2024

(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 State of New York, New York State Education Department". Such statement shall also be accompanied by the symbol issued by the commissioner to indicate such status.

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