§ 5006. Teachout plans. 1. A school may submit a teachout plan to the\ncommissioner for approval pursuant to regulations established by the\ncommissioner. A teachout plan shall consist of a contract between a\nlicensed private career school, with another school, hereinafter called\nthe teachout school, so that in the event that the licensed private\ncareer school ceases instruction, the teachout school will provide the\nnecessary instruction specified in a student's original enrollment\nagreement with the school ceasing instruction. A teachout plan may\nemploy more than one teachout school to provide instruction to students\nin the school ceasing instruction. Schools under common ownership but\nhaving separate licenses may, subject to the approval of the\ncommissioner, enter into teachout agreements. A teachout plan may be\ncontracted between the commissioner and one or more teachout schools in\nthe event that the closing school is unable or unwilling to do so.\n 2. A teachout plan shall include the following provisions: (a) the\nteachout school must offer courses of study that are substantially\nsimilar to those offered in the school ceasing instruction;\n (b) teachout schools must be located in the geographic area in which\nthe school ceasing instruction was located unless the school ceasing\ninstruction provided distance learning or online training;\n (c) all provisions for a teachout plan must be included in the\nenrollment agreement signed by the student; and\n (d) the teachout school shall agree to fulfill the enrollment\nagreement signed by the student at the school ceasing instruction.\n 3. The licensed school shall provide to the teachout school and to the\ndepartment the following information prior to closure:\n (a) Copies of the academic and financial records for all students in\nattendance at the school at the projected time of closure;\n (b) A listing of all such students presently in attendance including\ntheir names, addresses, social security numbers, curriculum that each\nstudent is enrolled in and the number of hours the students will have\ncompleted at the time of the school closure.\n 4. The department will provide to the teachout school, immediately\nupon notification of a school closing, a copy of each approved\ncurriculum that the closing school is presently offering.\n 5. The commissioner shall require all teachout schools to address the\nfollowing issues:\n (a) Integration of students into a curriculum which may be different\nfrom the curriculum in which they are currently receiving instruction;\n (b) Assessments of students' progress so that they may be placed into\nan appropriate course;\n (c) Provision of remedial instruction to students who are found to be\ndeficient in one or more course areas upon their initial assessment;\n (d) Provision by the teachout school to adhere to the required\nstudent/teacher ratios and room capacities; and\n (e) Compliance with statutory and regulatory requirements during the\nteachout.\n 6. The student shall not be subject to any costs beyond the total\ncosts identified in the original enrollment agreement.\n 7. A student may decline to pursue instruction at the teachout school\nand may instead seek a refund pursuant to section five thousand seven of\nthis article.\n
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