N.Y. Comp. Codes R. & Regs. tit. 8 § 126.2

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

Section 126.2 - Conduct of the school

(a) Fees or other charges for services or products produced in the course of instruction by students or instructors shall not be collected from the public unless the commissioner approves the collection of such fees or charges for the purpose of facilitating adequate practice in the curriculum or course.

(b) A school shall provide the same instruction, tools, equipment or instructional supplies, and charge the same tuition rates and other fees or charges, to all student or groups of students in like circumstances, unless otherwise approved by the commissioner.

(c) Enrollment of students shall not be sought by:

(1) Assuring or seeming to assure employment in any business, establishment or occupation.

(2) Including in advertising or promotional material representations with respect to potential earnings in entry level employment or employment with experience, unless such representations can be documented for the graduates of the school. All such advertising or promotional material shall include the number and percent of graduates employed at the advertised salary level listed by year of graduation and may be presented in conjunction with State and national labor statistics.

(3) Including in advertising or promotional material representations of job placement rates, unless such representations can be documented with the data required under section 126.10 of this Part.

(4) Misrepresentations of the cost of instruction or of the education, experience or abilities required for successful completion of the course and the utilization thereof.

(5) Use of such phrases as "university," "college," or "professional school," or other terminology which connotes an institution which confers the associate or higher degrees, except where the school has been authorized by the Regents to confer such degrees and has been authorized to use the word "college" in its corporate name pursuant to section 3.29(c) of this Title.

(d) Each school shall submit to the commissioner for approval all scholarship and grant programs offered by the school. In approving such programs, the commissioner shall consider the following factors: the name of the scholarship program; the number and amount of scholarships; period of time covered by the scholarship; the eligibility and application criteria; academic and award criteria; source of scholarship funds; the manner in which scholarships are paid; and that such funds are collected and applied in accordance with section 5002(1)(b-1) of the Education Law; provisions for awarding scholarships to alternate candidates; standards for continued scholarship eligibility; and the names and affiliation of all award committee members. Each school shall assure that all scholarship recipients meet department-mandated entrance requirements.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.2