N.Y. Comp. Codes R. & Regs. tit. 8 § 126.11

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

Section 126.11 - Records

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.11

Amended New York State Register September 29, 2021/Volume XLIII, Issue 39, eff. 9/29/2021