Current through Register Vol. 46, No. 12, March 20, 2024
(a) Schools shall conduct only those
curricula or courses which have been approved by the commissioner, and shall
conduct such curricula or courses in accordance with section
5002(4) and (5) of the
Education Law and this Part; except for those programs which have been deemed
exempt from the requirements of article 101 of the Education Law and this Part,
as prescribed in section
5001(2-b) of the Education
Law. The commissioner shall approve the appropriate student-to-teacher ratio
for each course or curricula. Schools shall ensure that student enrollment on
the attendance register does not exceed the approved ratio after the first week
of instruction. Pursuant to section
5002(4)(c) of the
Education Law, for all courses or curricula reviewed by an expert or outside
consultant not employed by the department, the department shall retain the
expert or outside consultant and the school shall bear the expense of the
expert or outside consultant, in addition to the curriculum or course
application fee set forth in section
5002(4)(a) of the
Education Law. The cost of a review by an expert or outside consultant not
employed by the department shall be set according to the following schedule:
(1) for courses or curricula up to 100 clock
hours, the reimbursement shall be $200;
(2) for courses or curricula between 101 and
400 clock hours, the reimbursement shall be $300;
(3) for courses or curricula between 401 and
700 clock hours, the reimbursement shall be $400;
(4) for courses or curricula between 701 and
1000 clock hours, the reimbursement shall be $500;
(5) for courses or curricula between 1001 and
1400 clock hours, the reimbursement shall be $600;
(6) for courses or curricula between 1401 and
1800 clock hours, the reimbursement shall be $700;
(7) for courses or curricula above 1800 clock
hours, the reimbursement shall be $800.
(b) The director of the school shall cause to
be prepared data concerning curricula or courses of study and methods of
instruction in sufficient detail to clearly indicate the nature of the proposed
instruction. He shall submit such data to the commissioner in such form as said
commissioner shall direct, accompanied by a request for approval.
(c) Data submitted for approval of curricula
or courses or revisions thereof given on school premises shall include the
following information:
(1) the name and the
educational or occupational objective of the curriculum or course;
(2) the minimum entrance requirements, and
complete information with respect to any aptitude tests administered to
prospective students in connection therewith, including wherever possible a
nationally recognized test appropriate to the course of instruction;
(3) the minimum and/or maximum instructional
hours and the allocation of time to each portion of the curriculum or
course;
(4) the daily and weekly
schedule of instruction;
(5) a
description of the method of instruction, indicating the number of
instructional hours to be devoted to classroom activities and shop or
laboratory practice, and where appropriate, practice and experience components
outside the school premises, and the relation between the classroom and
practice phases of the curriculum or course;
(6) the tuition and other charges and the
method of payment thereof;
(7) an
itemized list of equipment;
(8) an
itemized list of the small tools, books and supplies loaned or furnished to
students;
(9) a detailed floor plan
of the premises occupied by the school, indicating all facilities;
(10) the language in which instruction is to
be provided and an appropriate justification required by the commissioner for
offering instruction in a language other than English;
(11) the manner in which the course or
curriculum is apportioned into quarters, semesters or terms pursuant section
126.7
of this Part; and
(12) for
applications for approval of curriculum certified by a nationally recognized
vendor pursuant to section
5002(4)(e) of the
Education Law, the school shall provide, in addition to the information
prescribed in paragraphs (1) through (11) of this subdivision, an
identification of the vendor and the vendor-maintained location that shall
enable the commissioner to determine that the curriculum proposed by the school
is in its original format.
(d) Data submitted for approval of curricula
or courses of study or revisions thereof given by correspondence or home study
or by internet transmission shall include the following information:
(1) the name and the educational or
occupational objective of the curriculum or course;
(2) the minimum entrance requirements, and
complete information with respect to any aptitude tests administered to
prospective students in connection therewith;
(3) the complete instructional units, in
detail, as they are to be furnished to the student, showing the instructional
content to be taught, the method or procedure to be followed, and the types of
skills or knowledge to be learned;
(4) the approximate time necessary for
completion of each instructional unit;
(5) the method of mailing or transmitting and
correcting instructional units and the manner in which remedial instruction is
to be given to individual students;
(6) the language in which instruction is to
be provided and an appropriate justification required by the commissioner for
offering instruction in a language other than English; and
(7) the manner in which the course or
curriculum is apportioned into quarters, semesters or terms pursuant to section
126.7
of this Part.
(e) Each
school shall establish and maintain attendance policies and regulations,
acceptable to and approved by the commissioner, in accordance with the
following requirements:
(1) An attendance
register shall be maintained by the school and be available for inspection by
the department for each course or curriculum, as applicable and shall contain
the following:
(i) the room number, schedule
and approved name of the course or curriculum;
(ii) the start and completion dates of the
course or curriculum;
(iii) the
time and date of each class, laboratory or session;
(iv) a daily record of attendance for each
student which shall identify each student as "present," "absent," "late" or
"make-up;"
(v) the name and
signature of the instructor for each class, laboratory or session;
(vi) verification of the instructor by oath
or affirmation of the accuracy of the attendance register;
(vii) any leaves of absence;
(viii) last date of attendance for any
student who drops out or is discontinued;
(ix) the marking period and grades for each
student for each marking period, unless otherwise approved by the commissioner;
and
(x) any other information
required by the commissioner.
(2) A school shall determine the academic
standing of each student in accordance with the following:
(i) Schools shall use a cumulative grade
point average of 70 percent or higher, or its equivalent in the letter-grade
scale approved in the school's catalog, when determining the minimum allowable
academic standing of each student at each evaluation point.
(ii) Schools shall use a cumulative
attendance rate of 70 percent or higher when determining the minimum allowable
cumulative attendance of each student at each evaluation point. Attendance rate
shall be calculated by the number of instructional hours attended divided by
the number of instructional hours offered.
(iii) Schools offering programs of seven
weeks or more shall evaluate the academic standing of students at intervals of
no less than the midpoint and endpoint of each quarter or term, as defined on
the student enrollment agreement.
(iv) Schools offering programs of less than
seven weeks shall evaluate the academic standing of students at no less than
the midpoint of the program, as defined on the student enrollment
agreement.
(v) Students who do not
meet the minimum cumulative grade point average or the minimum attendance rate
at the midpoint evaluation shall be provided a written notice of warning
.
(vi) Students who have been
provided a written notice of warning at the midpoint evaluation and who do not
meet the minimum cumulative grade point average or the minimum attendance rate
at the conclusion of each quarter or term as defined in the student enrollment
agreement shall be placed on probation or withdrawn from the program.
(vii) The maximum period of probation shall
be the conclusion of the next consecutive quarter or term after the student has
been placed on probation, as defined in the student enrollment
agreement.
(viii) Schools shall
offer academic counseling and remediation for all students placed on
probation.
(ix) Students who have
been placed on probation and who do not meet the minimum cumulative grade point
average or the minimum attendance rate at the conclusion of the probation
period shall be withdrawn from the program. Prior to withdrawal, and at the
school's discretion, students may be afforded no more than thirty days to make
up assignments or instructional hours to achieve satisfactory academic standing
as required by this section.
(x) No
student shall graduate from a program with less than a 70 percent cumulative
grade point average, or its equivalent in the letter-grade scale approved in
the school's catalog, or earning less than 70% of the program's total
instructional hours, unless otherwise mandated by curriculum
requirements.
(xi) Schools shall
provide students a copy of each academic standing evaluation. For students who
fail to meet satisfactory academic progress, the evaluation must contain the
student's and director's signatures.
(3) Each school shall have a written policy
concerning tardiness and early dismissal.
(4) For purposes of determining the
proportion of the time a student was enrolled in a course or curriculum when
such student leaves before finishing the entire course or curriculum, the
school may regard as attendance such absences and tardiness as may have
occurred between the first and last day of attendance.
(5) Any make-up session for attendance
purposes shall be approved by the licensed school director, and shall consist
of instruction in that portion of the course or curriculum which was not
received by the student as a result of absences. A record of make-up sessions
shall be maintained in the attendance register. Any charge for make-up sessions
shall be expressed on the enrollment agreement and in the school's
catalog.
(6) In the case of a
prolonged illness or accident, death in the family, or other special
circumstances that make attendance impossible or impractical, a leave of
absence may be granted to the student if requested in writing by the student or
his designee. The approval of such leaves of absence shall be in writing by the
school director. No monetary charges or accumulated absences may be assessed to
the student during a leave of absence. When a student returns from an approved
leave of absence, the student shall be placed in the instructional program at
the point commensurate with the skill level retained by the student at the time
of his or her return in accordance with the following:
(i) for leaves of absence less than 30
calendar days, the school shall assess the student's retention level either
through a counseling session with the student or by employing a written or oral
evaluation instrument designed to measure a student's level of retention in the
instructional program; or
(ii) for
leaves of absence 30 calendar days or longer, the school shall assess a
student's retention level either through a written or oral evaluation
instrument designed to measure a student's level of retention in each course in
the curriculum; and
(iii)
documentation that such evaluation took place pursuant to subparagraphs (i) or
(ii) of this paragraph along with the actual evaluation instruments, student
results and evidence the student was appropriately placed according to skill
level shall be placed in the student's permanent file.
(7) Schools may establish attendance
requirements permitting less absence and tardiness.
(8) School policy and regulations relating to
attendance and leaves of absence shall be submitted to the department for
approval prior to implementation, and shall be published in the school
catalog.
(f) Any
required orientation to school policies or practices, or a general overview of
courses shall not be included in the total instructional hours of a course or
curriculum, unless such orientation is necessary for the successful completion
of the program, given within the first week of instruction as defined in
section
126.7
of this Part and approved by the commissioner.
(g) All courses or curricula offered at no
cost to a student by a school shall comply with all requirements of this
Part.
(h) Schools may provide
instruction in English as a second language in accordance with the following:
(1) all teachers shall be appropriately
licensed pursuant to section
126.6(g)
of this Part.
(2) where an English
as a second language component is combined with an occupational education
component into one program and the student signs an enrollment agreement for
such a program, the following conditions shall be met:
(i) prior to initiating the occupational
education component the student shall have completed the English as a second
language component and shall have attained a score on a reading test, approved
by the commissioner, demonstrating sufficient proficiency in reading English as
required by the commissioner for such a program;
(ii) the English as a second language
component shall not exceed 50 percent of the total clock hours for the
program;
(iii) upon application for
approval of such a curriculum, when a school requests permission to accept
students at the beginning or basic English as a second language level, the
school shall demonstrate that the English as a second language component is
designed to provide the student with the necessary reading skills to comply
with the provisions of subparagraph (i) of this paragraph; and
(iv) the English as a second language
component shall be coterminous with a quarter or term as defined in section
5002(3) of the Education
Law unless otherwise approved by the commissioner. In all instances, the
student's enrollment agreement shall clearly state that if a student fails to
pass the reading test as required in subparagraph (i) of this paragraph, then
the student may not continue in the program.
(i) Notwithstanding any other provisions of
this Part, non-occupational courses, as defined in section
126.1(t)
of this Part, shall be subject to the following alternate educational and
curriculum standards:
(1) an application for
a non-occupational course shall be submitted in a format prescribed by the
commissioner;
(2) upon receipt of a
completed application, the department shall notify a school within 20 business
days as to whether the application is approved;
(3) students may be admitted into a
non-occupational course based upon a personal interview, except where a
specialized skill is needed by the applicant in order to successfully complete
the course;
(4) teachers of
non-occupational courses shall meet the requirements of section
126.6
of this Part, except that teachers who provide instruction in non- occupational
courses only shall meet the requirements for a special lecturer as set forth in
section
126.6(m)
of this Part;
(5) an enrollment
agreement for a non-occupational course shall conform to the requirements set
forth in section
126.7
of this Part and in addition, shall include the statement: "This course is not
intended to provide instruction which will result in the student's acquisition
of occupational skills. Placement assistance by the school is not available for
this course.";
(6) non-occupational
courses shall be clearly identified as such within the school catalog and shall
include the statement: "Non-occupational courses are not intended to provide
instruction which will result in the student's acquisition of occupational
skills."; and
(7) certificates of
completion or diplomas awarded for the completion of a non-occupational course
shall include the term "non-occupational" or "personal enrichment" on that
certificate or diploma.