§ 16-40-16. Student records and school closings - Notice of closing. (a) In the event that a private school shall close, provision must be made for continued access to student academic and attendance records. Records of elementary school students shall be sent to the receiving school, except that records of elementary and secondary parochial schools shall be sent to the catholic school office.
(b) When a private secondary school closes, the school shall obtain the approval of the commissioner of elementary and secondary education as to the disposition of the attendance and academic records of the students.
(c) Within thirty (30) days of the closing of a private postsecondary school, the person having care, custody and control of the records shall obtain the approval of the commissioner of higher education as to the disposition of student records.
(d) The department of elementary and secondary education and the office of higher education may promulgate regulations for the custody and disposition of student records of private schools that cease operation.
(e) No private academy, college, university, or other institution of higher education shall be permitted to close without first notifying the current students, any persons who have pre-paid tuition and deposits with the school, and the board of education of the impending closure of the school.
(1) Such notice shall be provided in writing at least thirty (30) calendar days prior to the closing of the school, and shall include instructions on the procedures to be implemented:
(i) To return any pre-paid tuition and/or other deposits to the students and/or persons who have made such deposits and tuition payments and for which instruction time will not be provided; and
(ii) To furnish students and the office of higher education with transcripts of courses, grades and credits and any other pertinent academic records regarding said students.
(2) In the event a private academy, college, university, or other institution of higher education closes and does not provide the thirty (30) day notice as set forth in the preceding subsection, the private entity may be subject to a fine and/or other penalties as determined by the board of education.
History of Section. (P.L. 1987, ch. 320, § 1; P.L. 2013, ch. 250, § 1; P.L. 2013, ch. 437, § 1.)
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