N.Y. Comp. Codes R. & Regs. tit. 8 § 126.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 126.1 - Definitions

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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.1

Amended New York State Register April 19, 2017/Volume XXXIX, Issue 16, eff. 4/19/2017

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