34:15C-10.7 Essential records filed by private career school.
18. a. Before any private career school ceases operations, the school shall file with the commissioner copies of all essential records of the current or former students of the school. The obligation of a school under this section shall not be discharged in bankruptcy.
b. The records shall present, as separate documents:
(1) the official academic transcript of each student;
(2) any other academic information usually required by private career schools when considering students for transfer or advanced study; and
(3) if requested by the commissioner, the financial aid and financial account information of each student.
c. The records shall be accompanied by an affidavit as to the accuracy and completeness of the records on behalf of the school's board of trustees, bursar, chief administrative officer, chief executive officer, chief financial officer, or registrar.
d. The commissioner shall maintain a permanent file of all records filed with the commissioner under this section.
e. (1) If a student who attended a private career school that closed in accordance with P.L.2021, c.27 (C.18A:3B-90 et al.) requests a copy of the student's official academic transcript from the commissioner and the commissioner determines that the requested transcript is missing, incomplete, or in a format inaccessible to the student, the commissioner may issue a replacement transcript for the student based solely on the most recent information provided by the school that the student attended.
(2) A replacement transcript issued in accordance with paragraph (1) of this subsection shall be signed by a designee of the commissioner, contain an explanation of the closure of the school, and contain an explanation of the source of all information contained in the replacement transcript.
f. (1) Except as provided in paragraph (2) of this subsection, a replacement transcript issued in accordance with this section shall be accepted as an official transcript by any private career school operating in the State.
(2) For purposes of student transfer, a private career school may consider, instead of or in addition to a replacement transcript, an unofficial transcript or other transcript information provided by the student that the receiving institution or program deems relevant.
g. (1) The commissioner shall adopt regulations necessary to carry out the provisions of this section, which shall include the manner and format in which student records are to be filed with the commissioner, and a description of the circumstances under which a private career school may cease operation.
h. If a private career school does not file all essential records with the commissioner in accordance with this section, the commissioner may:
(1) require the school to refund all tuition and fees paid by a student whose records are not filed in accordance with this section; and
(2) seek an injunction or other judicial remedy against the private career school.
L.2021, c.27, s.18.