N.Y. Comp. Codes R. & Regs. tit. 8 § 126.19

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

Section 126.19 - School Accountability

(a) Annual statistical data reports. Each school shall report annual statistical data in a form and manner prescribed by the commissioner and each school owner shall certify that such data are true and accurate. The commissioner may require independently audited statistical data reports at the school's expense upon a determination that a school has provided false or inaccurate certified data reports. The reporting period shall be from July 1 to June 30. For the purposes of this section, unless otherwise specified, school shall mean school as it is defined in subdivision (p) of section 126.1 of this Title and certified English as a second language schools as defined in subdivision (x) of section 126.1 of this Title. For the purposes of this section, contracted program start date and contracted program end date shall mean the start date and end dates of the curriculum or course as identified on students' enrollment agreements.

(1) Licensed private career schools.

(i) By no later than April 1, 2022, licensed private career schools shall submit statistical data reports from the immediately preceding reporting year, in a form and manner prescribed the commissioner. Statistical data reports shall use data elements similar to the previous reporting year, and shall include, but are not limited to, enrollment, completion, and job-placement data.

(ii) By no later than April 1, 2023, and no later than April 1 of each calendar year thereafter, licensed private career schools shall submit statistical data from the immediately preceding reporting period for each approved curriculum or course, excluding approved non-occupational courses as defined in section 126.1(t) of this Title. This data shall include, but is not limited to, the following:

(a) the number of individuals who submitted an application for admission to the program during the reporting period;

(b) the number of applicants whose applications were accepted for admission during the reporting period;

(c) the number of applicants whose applications were denied admission during the reporting period;

(d) the number of students enrolled with a contracted program start and end date within the reporting period;

(e) the number of students enrolled with a contracted program start date during the reporting period that have a contracted program end date in a subsequent specified reporting period;

(f) the number of students enrolled with a contracted program start date in a previous reporting period that have a contracted program end date within the reporting period;

(g) the number of students who successfully completed the program during the reporting period;

(h) the number of students enrolled with a contracted program start date during the reporting period who dropped out or were withdrawn from the program during the reporting period;

(i) the number of students enrolled with a contracted program start date during a previous specified reporting period who have dropped out or were withdrawn from the program during the reporting period;

(j) the number of students who had a contracted program end date occurred during the reporting period but were still enrolled at the end of the reporting period;

(k) the number of students who completed the program within the reporting period and who, within one-hundred and eighty days from the end of the reporting period, obtained employment in the occupation for which they were trained or in a related, comparable occupation;

(l) the number of students who completed the program within the reporting period who were unavailable for employment due to the following reasons: death; incarceration; health issues that prevent employment; enrolled in a continuing postsecondary education program; and, active military duty;

(m) the number of students enrolled in the program during the reporting period who received funding or credit for tuition and fees from each of the following sources: New York State tuition assistance program (TAP); federal Pell Grants; federal Title IV loans borrowed by the student; Direct Plus loans made to parents of dependent students; federal veterans benefits; private education loans; adult career and continuing education vocational rehabilitation funding; and any other credit extended by or on behalf of the institution that the student is obligated to repay;

(n) the total cost of tuition for completion of the program as identified in the approved enrollment agreement; and

(o) the total costs of fees for completion of the program as identified in the approved enrollment agreement.

(iii) At the commissioner's direction, the data required to be reported in subparagraphs (a) through (l) of subparagraph (ii) of this paragraph shall be disaggregated by: students possessing a high school completion diploma or its equivalent and students who are enrolled without a high school diploma but who have been administered and have passed an ability to benefit-examination; full-time and parttime students; international students studying on federal student visas; and any other demographic or sub-group characteristics that the commissioner may determine to be necessary to review the performance of the school.

(iv) By no later than April 1, 2023, and no later than April 1 of each calendar year thereafter, licensed private career schools shall submit data for non-occupational courses, as defined in subdivision (t) of section 126.1 of this Part, offered in the preceding reporting period. Data submitted shall include but not be limited to the following:

(a) the total number of non-occupational courses offered during the reporting period;

(b) the total number of students enrolled in non-occupational courses during the reporting period; and

(c) the total number of students completing non-occupational courses during the reporting period.

(2) Certified English as a second language schools. By no later than April 1, 2023, and no later than April 1 of each calendar year thereafter, certified English as a Second Language Schools shall submit statistical data from the preceding reporting period, for each approved program. This data shall include, but is not limited to:

(i) the number of students enrolled in the program for the first time during the reporting period, that have a contracted program start date and end date within the reporting period;

(ii) the number of students enrolled in the program for the first time during the reporting period that have a contracted program start date within the reporting period and a contracted program end date in a subsequent specified reporting period;

(iii) the number of students repeating the program during the reporting period, that have a contracted program start date within the reporting period and a contracted program end date within the reporting period;

(iii) the number of students repeating the program during the reporting period, that have a contracted program start date within the reporting period and a contracted program end date in a subsequent specified reporting period;

(iv) the number of students who successfully completed the program during the reporting period without the need to repeat it;

(v) the number of students enrolled during the reporting period who dropped out or who were withdrawn from the program during the reporting period;

(vi) the number of students enrolled during a previous specified reporting period who have dropped out or who were withdrawn from the program during the reporting period;

(vii) the number of students whose contracted program end date occurred during the reporting period but who were still enrolled at the end of the reporting period;

(viii) the number of students enrolled who were international students studying on a student visa or other visa;

(ix) the total cost of tuition for completion of the program as identified on the approved enrollment agreement; and

(x) the total costs of fees for completion of the program as identified in the approved enrollment agreement.

(b) Data analysis, reporting, and use.

(1) Licensed private career schools. The commissioner shall analyze the statistical data submitted by licensed private career schools pursuant to paragraph (1) of subdivision (a) of this section and shall also calculate the completion rate and job placement rate for each approved curriculum or course (excluding non-occupational courses as defined in section 126.1(t) of this Part). The commissioner may also calculate school-level averages of completion and job placement rates.

(i) The completion rate shall be calculated as follows: the number of students who successfully completed the program during the reporting period divided by the number of students who enrolled in a program with a contracted program end date within the reporting period.

(ii) The job placement rate shall be calculated as follows: the number of students who successfully completed the program within the reporting period who, within one-hundred and eighty days from the end of the reporting period, obtained employment in the occupation for which they were trained or in a related, comparable occupation divided by the number of students who completed the program within the reporting period. Students who completed programs within a reporting period but who are unavailable for employment due to the following reasons shall be excluded from the denominator of the job placement rate calculations: death; incarceration; health issues that prevented employment; enrollment in a continuing postsecondary education program; and active military duty.

(2) Certified English as a second language schools. The commissioner shall analyze the statistical data submitted by certified English as a Second Language (ESL) Schools pursuant to paragraph (2) of subdivision (a) of this section and shall also calculate the completion rate for all ESL curricula. The completion rate shall be calculated as follows: the number of students who successfully completed the program during the reporting period divided by the number of students enrolled in a program with a contracted program end date within the reporting period.

(3) The commissioner may post on the department's website in a form and manner determined by the commissioner, a summary report for each school that includes but is not limited to the data collected pursuant to this section, determined by the commissioner to be useful for consumers to make informed decisions regarding such schools.

(4) The school owner of each school shall be responsible for reporting data for each school curriculum pursuant to paragraphs (1) and (2) of this subdivision, except for non-occupational courses as defined in subdivision (t) of section 126.1 of this Part, clearly and prominently on the school's website, the school catalog, and any advertising or promotional materials that reference such data. Schools may not satisfy the required disclosure of department calculated completion and job placement rates, or any other data required to be reported under this section, with alternate measures or methods that may be required by accreditors or other regulatory bodies. In instances where accreditors or other regulatory bodies require public disclosure but will not accept department calculated or reported measures, both data shall be reported in the sources identified above. The data shall include:

(i) the most recent department-calculated completion rates;

(ii) the most recent department-calculated job-placement rates;

(iii) the total costs of program completion, including tuition and fees; and

(iv) the normal time to program completion.

(5) The commissioner shall review and consider the data reported by schools and the corresponding completion and job placement rates calculated by the department pursuant to this section in making a determination to approve or deny an application for school licensure or certification pursuant to 126.10(a), 126.10(b), and 126.10(j)(2) of this Part.

(6) The commissioner shall review and consider all of the data reported by schools and the completion and job placement rates calculated by the department pursuant to this section in making a determination of whether or to reapprove or deny a curriculum, and in making a determination of whether to approve or deny similar curricula proposed or offered by the school.

(c) Data, reports, and correspondence with other oversight entities. Schools shall submit, upon request from the commissioner, any data, reports, information, or correspondence to or from a school's accrediting body or other entity from which the school receives authorization, funding, or oversight, that the commissioner deems necessary to the Department's oversight of the school. Information requested by the commissioner shall be provided no later than five business days from the date of the request.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.19

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