2006 New York Code - Teachout Plans.

 
    § 5006. Teachout plans.  1. A school may submit a teachout plan to the
  commissioner  for  approval  pursuant  to regulations established by the
  commissioner. A teachout plan shall consist  of  a  contract  between  a
  registered  business  or  licensed  private school, with another school,
  hereinafter called the teachout school, so that in the  event  that  the
  registered  business  or licensed private school ceases instruction, the
  teachout school will provide the necessary instruction  specified  in  a
  student's   original   enrollment  agreement  with  the  school  ceasing
  instruction. A teachout plan may employ more than one teachout school to
  provide instruction to  students  in  the  school  ceasing  instruction.
  Schools   under   common  ownership  but  having  separate  licenses  or
  registrations may, subject to the approval of  the  commissioner,  enter
  into teachout agreements.
    2.  A  teachout  plan shall include the following provisions:  (a) the
  teachout school must offer  courses  of  study  that  are  substantially
  similar to those offered in the school ceasing instruction;
    (b)  teachout  schools must be located in the geographic area in which
  the school ceasing instruction was located;
    (c) all provisions for  a  teachout  plan  must  be  included  in  the
  enrollment agreement signed by the student; and
    (d)  the  teachout  school  shall  agree  to  fulfill  the  enrollment
  agreement signed by the student at the school ceasing instruction.
    3. The registered business or licensed school  shall  provide  to  the
  teachout  school  and  to  the  department  immediately upon closure the
  following information:
    (a) Copies of the academic and financial records for all  students  in
  attendance at the school at the projected time of closure;
    (b)  A  listing of all such students presently in attendance including
  their names, addresses, social security numbers,  curriculum  that  each
  student  is  enrolled  in and the number of hours the students will have
  completed at the time of the school closure.
    4. The department will provide to  the  teachout  school,  immediately
  upon  notification  of  a  school  closing,  a  copy  of  each  approved
  curriculum that the closing school is presently offering.
    5. The commissioner shall require all teachout schools to address  the
  following issues:
    (a)  Integration  of students into a curriculum which may be different
  from the curriculum in which they are currently receiving instruction;
    (b) Assessments of students' progress so that they may be placed  into
  an appropriate course;
    (c)  Provision of remedial instruction to students who are found to be
  deficient in one or more course areas upon their initial assessment;
    (d) Provision by  the  teachout  school  to  adhere  to  the  required
  student/teacher ratios and room capacities; and
    (e)  Compliance  with statutory and regulatory requirements during the
  teachout.
    6. The student shall not be subject to  any  costs  beyond  the  total
  costs identified in the original enrollment agreement.
    7.  A student may decline to pursue instruction at the teachout school
  and may instead seek a refund pursuant to section five thousand seven of
  this article.