Education Law Section 5004(1)(a) states, in part, no party may, for a consideration or remuneration procure, solicit or enroll any student for instruction in or given by any school within or without the state of New York, unless (i) the party is a salaried employee of the school and (ii) the party shall have secured a private school agent's certificate from the department pursuant to regulations of the commissioner.
Section 126.7(a) of the Commissioner's Regulations states, in part, [ …] all conditions for enrollment in or completion of a curriculum or course shall be set forth in an enrollment agreement which shall be fully completed, dated and signed by both an authorized agent of the school and the student prior to the time instruction begins [...]
Sections 126.7(b), and 126.7(b)(13) and (14) of the Commissioner's Regulations, states in part, 126.7(b) The enrollment agreement shall be printed in no less than 10-point type, shall contain no advertising or extraneous material and shall set forth briefly and clearly the following: [...]
126.7(b)(13) the names and certificate numbers of the agents responsible for procuring, soliciting or enrolling the student or enrollee. The enrollment agreement shall contain an appropriate place in which the student shall by signature, confirm the names of such agents; 126.7(b)(14) a separately signed acknowledgment by the student that he or she has received the disclosure material, as required by section 5005 of the Education Law [...]
Use of Artificial Intelligence (AI)
This Policy Guideline will set forth the guidelines and standards of the Bureau of Propriety School Supervision (BPSS) for schools that decide to utilize AI technologies for informational purposes. AI is the use of software algorithms, data processing resources or computational power that enables machine learning systems and/or software to perform certain tasks, predictions, recommendations, decisions, or content creation. These AI systems include but are not limited to chatbots, Voice Chatbots, ChatGPT, AI-power virtual assistants, text messages, and/or short message service (SMS) communication.
BPSS has identified the following principles with respect to the usage of AI as it pertains to the enrollment process.
- The use of any AI system shall provide the same statements, informational content and representations as promoted in a school’s advertising, marketing, social media and website.
- AI systems shall serve as a machine-based system to gather information and provide only such information to prospective students on a school’s programs as is available on the school’s website. Prospective students must complete a consent to receive additional information via a “Get More Information” chatbot on a school website. The chatbot communication shall be the same program information as the school’s advertised content.
- The privacy policies and terms of service within the AI system must adhere to NYS Education Law, regulations and policy guidelines.
- AI systems must otherwise be equivalent to, and as complete as, in all respects other than their electronic form, to records on paper or in other hard-copy form. An AI system must be readily convertible to PDF format without technical difficulty and must legibly reflect the same information contained within the original record.
- Schools must complete an Artificial Intelligence (AI) Use Request Form and submit the completed form to their Field Associate for approval. The AI Use Request Form must be completed by each school using AI systems.
Disclaimer:
The use of Artificial Intelligence (AI) within BPSS-licensed schools is intended to support administrative processes and operational efficiency. However, AI tools are supplemental and do not replace the role of a licensed agent’s duties of procuring, soliciting, or enrolling students.
Schools are required to ensure that students meet directly with a licensed agent to thoroughly review and explain the terms and conditions of the enrollment agreement. AI-generated responses or information should not be solely relied upon for enrollment decisions or contractual obligations. The school remains responsible for ensuring that all enrollment procedures comply with BPSS regulations and New York State Education Law.
Due to the technical complexity of AI technology, in which it may be maintained, along with the constant evolution of AI, it is anticipated that this guidance may be modified or superseded as it may become appropriate. BPSS will review the AI Policy and if necessary, apply updates and revisions.
Any questions or concerns regarding this policy should be directed to the school’s field associate.