(1) Student Records. A School shall keep a record of each student who enrolls in any of the

School's Courses or Programs. The record shall be kept in accordance with the following retention periods:

1. (a) for at least one year after graduation or separation from the School, the results of all examinations and evaluations performed.

2. (b) for at least seven years after graduation or separation from the School:

   1. (i) the student’s signed enrollment contract, as well as any addendums,

      extensions, or amendments to that contract;

   2. (ii) all records to support any effective date of termination of an enrollment

      contract used in a refund calculation under 230 CMR 15.04(7) or (8);

   3. (iii) copies of progress reports required under 230 CMR 15.01(10);

   4. (iv) student attendance records, which reflect any leaves of absence (including

      information about the status of the leave), the date of completion (anticipated and actual), and the date the student received a diploma or certificate;

   5. (v) records of any externships;
   6. (vi) copies of any student complaints and the School’s response;
   7. (vii) School disciplinary reports; and

   (viii) the student’s loan documents including any disclosure forms and

   disbursement schedules provided to the school by the lender.

3. (c) for at least 60 years after graduation or separation from the School:

   1. (i) the student’s official grades; and

   2. (ii) records of the form and dates of any payments made by or on behalf of the

      student.

(2) Instructor Records. A School shall keep a record of each Instructor who teaches any class

at the School. A School shall retain Instructor records for at least six years from the date that the Instructor last taught at the School. The record shall contain:

1. (a) a copy of the division’s written approval of the Instructor;
2. (b) a copy of the Instructor certification form required under 230 CMR 14.04(5); and
3. (c) copies of all records related to the School’s due diligence as required under 230 CMR 14.04(4).

(3) Staff Records. A School shall keep a record of each staff person. The record shall

contain:

1. (a) a copy of the division’s written approval of each staff person;
2. (b) a copy of the staff certification form required under 230 CMR 14.05(4);
3. (c) copies of all records related to the School’s due diligence required under 230 CMR 14.05(3).

4) Advertisement Records. A School shall maintain copies of all advertisements used by the

School and shall retain such records in either paper form or electronically for at least seven years after use ceases.

(5) A School shall keep and maintain any additional financial records required by or

submitted to the State Auditor for a period of at least seven years.

(6) All records shall be maintained in a complete and orderly fashion in paper form

acceptable to the division. However, the division may waive the requirement to retain paper records if the School demonstrates to the satisfaction of the division that comparable electronic records are created and stored in a manner to ensure that they are as authentic and genuine and as readily accessible as records not produced by electronic means.

(7) Schools shall take steps to ensure that all records are stored securely and confidentially.

Upon request, all records must be made available for inspection, review, and copying by the division.

(8) Pursuant to M.G.L. c. 112, § 263(e), if a School closes or ceases to do business as a

School, it shall convey all student records (in both paper and electronic formats) to the division and pay the required fee. For purposes of this subsection student records shall be defined as:

1. (a) attendance records;
2. (b) documents referencing leaves of absence;
3. (c) transcripts;
4. (d) progress reports;
5. (e) student complaints and the School’s response;
6. (f) externship records;
7. (g) diplomas or certificates of completion;
8. (h) documents reflecting the form and dates of any payments made by or on behalf of students;
9. (i) loan documents including any disclosure forms and disbursement schedules provided to the school by the lender;
10. (j) enrollment contracts, as well as any addendums, extensions, or amendments to that contract; and
11. (k) all records to support any effective date of termination of an enrollment contract used in a refund calculation under 15.04(7) or (8).