Section 207 - Discontinuance of operations.

UT Code § 13-34a-207 (2019) (N/A)
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(1) If a postsecondary school determines that the postsecondary school will cease to operate, no later than 30 days after the day on which the postsecondary school determines it will cease to operate, the postsecondary school shall give the division written notice that includes: (a) the date on which the postsecondary school will cease to operate; (b) a written certification, signed by the postsecondary school's owner or officer, that the postsecondary school is compliant and will continue to be compliant with the postsecondary school's accrediting agency's closure requirements; (c) a copy of any teach-out plan, as defined under 34 C.F.R. Sec. 602.3, approved by the postsecondary school's accrediting agency; and (d) to the extent permitted by law: (i) a current list of students residing in the state who are enrolled in the postsecondary school; and (ii) for each student described in Subsection (1)(d)(i): (A) a list of the one or more programs in which the student is enrolled; and (B) the student's anticipated graduation date.

(a) the date on which the postsecondary school will cease to operate;

(b) a written certification, signed by the postsecondary school's owner or officer, that the postsecondary school is compliant and will continue to be compliant with the postsecondary school's accrediting agency's closure requirements;

(c) a copy of any teach-out plan, as defined under 34 C.F.R. Sec. 602.3, approved by the postsecondary school's accrediting agency; and

(d) to the extent permitted by law: (i) a current list of students residing in the state who are enrolled in the postsecondary school; and (ii) for each student described in Subsection (1)(d)(i): (A) a list of the one or more programs in which the student is enrolled; and (B) the student's anticipated graduation date.

(i) a current list of students residing in the state who are enrolled in the postsecondary school; and

(ii) for each student described in Subsection (1)(d)(i): (A) a list of the one or more programs in which the student is enrolled; and (B) the student's anticipated graduation date.

(A) a list of the one or more programs in which the student is enrolled; and

(B) the student's anticipated graduation date.

(2) After a postsecondary school submits a written notice described in Subsection (1), the postsecondary school may not recruit or enroll new students in the state.

(3) (a) The provisions of this Subsection (3) apply to the extent not prohibited by federal law. (b) If a postsecondary school that ceases operation has a student transcript or student diploma, the postsecondary school shall: (i) provide for the storage of the student transcript or student diploma; and (ii) make the student transcript or student diploma available to the same extent that an education record is available under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99. (c) The division may: (i) accept a copy of a student transcript or student diploma from a postsecondary school that ceases operation; and (ii) charge a reasonable fee for providing a copy of a student transcript or student diploma. (d) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, for a student transcript or student diploma held by the division under this chapter, the division shall treat the student transcript or student diploma as if it were an education record under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity and apply the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, as it relates to disclosure of the student transcript or student diploma.

(a) The provisions of this Subsection (3) apply to the extent not prohibited by federal law.

(b) If a postsecondary school that ceases operation has a student transcript or student diploma, the postsecondary school shall: (i) provide for the storage of the student transcript or student diploma; and (ii) make the student transcript or student diploma available to the same extent that an education record is available under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

(i) provide for the storage of the student transcript or student diploma; and

(ii) make the student transcript or student diploma available to the same extent that an education record is available under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.

(c) The division may: (i) accept a copy of a student transcript or student diploma from a postsecondary school that ceases operation; and (ii) charge a reasonable fee for providing a copy of a student transcript or student diploma.

(i) accept a copy of a student transcript or student diploma from a postsecondary school that ceases operation; and

(ii) charge a reasonable fee for providing a copy of a student transcript or student diploma.

(d) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, for a student transcript or student diploma held by the division under this chapter, the division shall treat the student transcript or student diploma as if it were an education record under the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity and apply the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, as it relates to disclosure of the student transcript or student diploma.