Bill Text: NY S06592 | 2021-2022 | 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 15-0)

Status: (Engrossed - Dead) 2022-05-23 - referred to higher education [S06592 Detail]

Download: New_York-2021-S06592-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6592

                               2021-2022 Regular Sessions

                    IN SENATE

                                       May 7, 2021
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee 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.
                                                                   LBD11286-01-1

        S. 6592                             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.
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