Bill Text: NY A03282 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the registration of new curricula or programs of study offered by a not-for-profit college or university; provides for the procedures to have such curricula or programs of study approved by the department of education.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2024-01-03 - referred to higher education [A03282 Detail]
Download: New_York-2023-A03282-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3282 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Higher Education AN ACT to amend the education law, in relation to the registration of new curricula or programs of study offered by a not-for-profit college or university The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 210-d 2 to read as follows: 3 § 210-d. Registration of curricula. 1. Notwithstanding any law, rule 4 or regulation to the contrary, any new curriculum or program of study 5 offered by any not-for-profit college or university chartered by the 6 regents or incorporated by special act of the legislature that does not 7 require a master plan amendment pursuant to section two hundred thirty- 8 seven of this part, charter amendment pursuant to section two hundred 9 sixteen of this part, or lead to professional licensure, and that is 10 approved by the state university board of trustees, the city university 11 board of trustees, or the trustees or governing body of any other not- 12 for-profit college or university chartered by the regents which (a) has 13 maintained a physical presence in the state for the immediately preced- 14 ing ten years and has been operated continuously by the same governing 15 body during the same immediately preceding ten-year period, and (b) is 16 accredited and has continued its accreditation by the Middle States 17 Commission on Higher Education or another institutional accrediting 18 agency recognized by the secretary of the United States department of 19 education or the department for the immediately preceding ten years, 20 shall be deemed registered with the department forty-five days after 21 notification of approval by such college or university's governing body 22 and submission of a complete application for review. If within forty- 23 five days of submission, the department determines the new curriculum or 24 program of study to be incomplete or insufficient, a written explanation 25 shall be provided to the institution. Upon curing, the new curriculum or 26 program of study shall be deemed registered with the department thirty 27 days after resubmission, or earlier upon the department's approval. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05750-01-3A. 3282 2 1 2. Any not-for-profit college or university that meets the criteria 2 set forth in subdivision one of this section which has received curric- 3 ulum or program approval from the department and seeks to offer the same 4 curriculum or program in a distance learning format shall not need to 5 have such curriculum or program re-approved by the department, but shall 6 inform the department of such college's or university's intent to offer 7 such program in such format within thirty days prior to providing 8 distance learning. 9 3. If a college or university is placed on probation or has its 10 accreditation terminated by the institutional accrediting agency, such 11 college or university shall notify the regents in writing no later than 12 thirty days after receiving notice of its probationary status or loss of 13 accreditation by the institutional accrediting agency. 14 4. Any college or university which has its accreditation placed on 15 probation or terminated by the institutional accrediting agency or the 16 education department shall be subject to the commissioner's program 17 approval until it has been removed from probation or regained accredi- 18 tation by the institutional accrediting agency or the education depart- 19 ment, and shall further remain subject to such commissioner's program 20 approval until it has continued without probation for a period of not 21 less than six years. 22 5. If a college or university subject to this section intends to offer 23 or institute an additional degree or program which constitutes a 24 substantive change as defined and determined by the institutional 25 accrediting agency, then such college or university shall provide the 26 commissioner with copies of any reports or other documents filed with 27 the institutional accrediting agency as part of the institutional 28 accrediting agency's substantive change review process and shall inform 29 the commissioner when the substantive change is approved. 30 6. Any such college or university that does not satisfy all of the 31 provisions of this section shall comply with the procedures and criteria 32 established by the regents and commissioner for academic program 33 approval. Nothing in this section shall be deemed to limit the depart- 34 ment's existing authority to investigate a complaint concerning the 35 institution, or any program offered, including the authority to deregis- 36 ter the program. 37 7. The commissioner shall establish and maintain a database, accessi- 38 ble to institutions seeking curriculum or program approval, which shall 39 provide updated information on the current status of an institution's 40 submitted requests. To the extent practicable, the database shall 41 include, but is not limited to, the following information: 42 (a) acknowledgement and date of receipt of submission; 43 (b) the initial review by an office of college and university evalu- 44 ation; 45 (c) questions from the department to the specific institution and 46 receipt of answers provided by the institution in response; and 47 (d) any remarks and the final decision made by the department regard- 48 ing a curriculum's or program's approval or disapproval. 49 8. The commissioner is hereby authorized to promulgate rules and regu- 50 lations necessary for the implementation of this section. 51 § 2. This act shall take effect on the ninetieth day after it shall 52 have become a law. Effective immediately, the addition, amendment 53 and/or repeal of any rule or regulation necessary for the implementation 54 of this act on its effective date are authorized to be made and 55 completed on or before such effective date.
