§ 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.