New Jersey § 34:15c-10

§ 34:15c-10.

a. Within 12 months of the effective date of P.L.2022, c. 76 ( C.18A:3B-45.1 et al.), 1 the Commissioner of Labor and Workforce Development shall establish performance quality

standards for: (1) private career schools, referred to and defined as “qualifying schools” under

section 4 of P.L.1989, c. 293 ( C.34:15C-1 ), authorized jointly under section 13 of P.L.2005, c. 354 ( C.34:15C-10.1 ) by the Commissioner of Labor and Workforce Development and the Commissioner of Education

to operate in New Jersey; and (2) private career schools authorized by a professional or occupational board established

within the Division of Consumer Affairs, in the Department of Law and Public Safety,

to offer an educational program required for licensure, registration, or certification

in a profession or occupation regulated by a professional or occupational board established

within the division. b. In establishing the performance quality standards, the Commissioner of Labor and

Workforce Development shall consider the ratio of the tuition and fees charged to

students in the program net of any institutional grant aid to the average earnings

of New Jersey workers employed in the specific occupation for which the program prepares

students. (1) In the event that the Commissioner of Labor and Workforce Development determines

that a program offered by a private career school does not meet the minimum acceptable

level of performance, the Commissioner of Labor and Workforce Development and the

Commissioner of Education shall, pursuant to section 13 of P.L.2005, c. 354 ( C.34:15C-10.1 ), revoke, suspend or make conditional the certificate of approval issued under that

law. (2) In the event that the Commissioner of Labor and Workforce Development determines

that an educational program required for licensure, registration, or certification

in a profession or occupation regulated by a professional or occupational board established

within the Division of Consumer Affairs does not meet the minimum acceptable level

of performance, the Commissioner of Labor and Workforce Development shall issue a

written determination directing the applicable board within the Division of Consumer

Affairs to suspend or revoke the private career school's license or accreditation

to offer such program. c. All private career schools, including those operating with a certificate of approval

issued jointly by the Commissioner of Labor and Workforce Development and the Commissioner

of Education, and those authorized by a professional or occupational board established

within the Division of Consumer Affairs to offer an educational program required for

licensure, registration, or certification in a profession or occupation regulated

by a professional or occupational board established within the Division of Consumer

Affairs, shall submit a quarterly report to the Commissioner of Labor and Workforce

Development that includes: (1) the tuition and fees charged for each program; (2) a record for each student enrolled in each program. The student record shall include, but not be limited to: the student's social security

number, gender, date of birth, date of enrollment, any date of completion, date of

termination, date of start in a job, date of application for a license, licensing

examination result, date of issuance of a license, and any credential issued; and (3) any additional information that may be required by the Commissioner of Labor and

Workforce Development. d. Each private career school may be required by the Commissioner of Labor and Workforce

Development to submit additional reports on a more frequent basis. (1) In the event that the Commissioner of Labor and Workforce Development determines

that a program offered by a private career school has failed to submit any report

required under this section, the Commissioner of Labor and Workforce Development and

the Commissioner of Education shall, pursuant to section 13 of P.L.2005, c. 354 ( C.34:15C-10.1 ), revoke, suspend or make conditional the certificate of approval issued under that

law. (2) In the event that the Commissioner of Labor and Workforce Development determines

that an educational program required for licensure, registration, or certification

in a profession or occupation regulated by a professional or occupational board established

within the Division of Consumer Affairs has failed to submit any report required under

this section, the Commissioner of Labor and Workforce Development shall issue a written

determination directing the applicable board within the division to suspend or revoke

the private career school's license or accreditation to offer such program. e. Upon receiving the written determination from the Commissioner of Labor and Workforce

Development directing the suspension or revocation of the private career school's

license or accreditation to offer a program, the applicable board within the Division

of Consumer Affairs may delay the effective date of the suspension or revocation for

a reasonable time if it determines that doing so is necessary for the applicable board,

or the affected private career school at the direction of the applicable board, to

protect the interests of students. f. Nothing in this section shall be construed to affect the authority of a professional

or occupational board established within the Division of Consumer Affairs to suspend

or revoke the license or accreditation of a private career school pursuant to Title

45 of the Revised Statutes. g. The Commissioner of Labor and Workforce Development, in consultation with the Commissioner

of Education and the Attorney General, shall adopt, in accordance with the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations as may be necessary to implement the provisions of this section. 1

L.2022, c. 76, eff. July 29, 2022.