§ 5001. Licensed private career schools. 1. Schools required to be\nlicensed. No private school which charges tuition or fees related to\ninstruction and which is not exempted hereunder shall be operated by any\nperson or persons, firm, corporation, or private organization for the\npurpose of teaching or giving instruction in any subject or subjects,\nunless it is licensed by the department. As used in this article:\n a. "licensed private career school" or "licensed private school" shall\nmean any entity offering to instruct or teach any subject by any plan or\nmethod including written, visual or audio-visual methods, and shall\ninclude any institution licensed or registered as a registered business\nschool or computer training facility on the effective date of chapter\nthree hundred eighty-one of the laws of two thousand twelve. Following\nsuch effective date, there shall be no distinction between institutions\npreviously defined as "registered business schools" or "computer\ntraining facilities" and other licensed private schools, and any\nreference in law to a registered business school or computer training\nfacility shall be deemed a reference to a licensed private career\nschool. Institutions holding a valid business school registration on\nsuch effective date, including computer-training facilities, shall have\nsuch registrations replaced by the commissioner, at no cost, with\nlicenses valid until the expiration date listed on such previous\nregistration;\n b. "certified English as a second language school" or "certified ESL\nschool" shall mean a language school conducted for-profit which provides\ninstruction in English as a second language and which accepts no public\nfunds and is certified pursuant to paragraph f of subdivision four of\nthis section; and\n c. "online education marketplace" shall mean a website or other\ninternet-based online technology tool with which a licensed private\ncareer school or certified ESL school contracts for marketing or\nadvertising services, or services in connection with the collection of\ntuition and/or fees, to the extent authorized in subdivision three of\nsection five thousand four of this article.\n 2. Exempt schools. The following schools are exempted from the\nlicensing requirement of this section:\n a. institutions authorized to confer degrees in this state;\n b. schools providing kindergarten, nursery, elementary or secondary\neducation, except schools conducted for profit which provide instruction\nin English as a second language or preparation for high school\nequivalency examinations to out-of-school youth or adults;\n c. schools operated by governmental agencies or authorities;\n d. schools which engage exclusively in training of students with\ndisabilities as defined in section forty-four hundred one of this\nchapter;\n e. schools conducted on a not-for-profit basis by firms or\norganizations for the training of their own employees only, provided\nthat such instruction is offered at no charge to such employees, or by a\nfraternal society or benevolent order for its members or their immediate\nrelatives only;\n f. schools which provide instruction in the following subjects only:\nreligion, dancing, music, painting, drawing, sculpture, poetry, dramatic\nart, languages, reading comprehension, mathematics, recreation, yoga,\nmartial arts, pilates and athletics, including the training of students\nto teach such subjects, provided, however, that schools conducted for\nthe purpose of training personal trainers shall be excluded from this\nexemption and shall be required to obtain licensure;\n g. schools in which the course of instruction is licensed, registered\nor approved under any other section of this chapter or by any other\ndepartment or agency of the state;\n h. schools which provide instruction designed solely for giving flight\ntraining and/or related ground school instruction;\n i. schools in which instruction designed solely to prepare applicants\nfor ad
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