Bill Text: NY S07148 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prevents institutions from implementing contingencies on the receipt of state funding by preventing the use of language in agreements regarding mandatory arbitration, internal dispute processes, prohibiting class actions and prohibiting the disclosure of any information in the agreement to anyone.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S07148 Detail]

Download: New_York-2019-S07148-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7148

                    IN SENATE

                                     January 8, 2020
                                       ___________

        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  preventing  insti-
          tutions  from implementing contingencies on the receipt of state fund-
          ing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 665-a of the education law, as
     2  amended by chapter 681 of the laws  of  1986,  is  amended  to  read  as
     3  follows:
     4    1.  Participation agreement. (a) No institution may participate in the
     5  general, academic or other award  programs  described  in  this  article
     6  unless  it  shall  have entered into a written agreement with the corpo-
     7  ration under which it shall be bound to comply with all laws  and  rules
     8  applicable to such programs.  Each participation agreement shall include
     9  the following terms and conditions:
    10    (i)  An  institution  shall  not,  as a condition of any award or loan
    11  pursuant to this article, require any student:
    12    (1) submit to mandatory arbitration to resolve any  matter  thereafter
    13  arising  under  such  agreement  prior  to the commencement of any legal
    14  action to enforce the provisions of such agreement;
    15    (2) resolve a complaint through an internal dispute process;
    16    (3) waive any right, forum,  or  procedure  for  a  violation  of  any
    17  provision  of  this  chapter,  including  the right to file and pursue a
    18  civil action, class action or a complaint with, or otherwise notify, any
    19  state agency, other public prosecutor, law enforcement  agency,  or  any
    20  court or other governmental entity of any alleged violation; and
    21    (4)  be prohibited from disclosing, discussing, describing or comment-
    22  ing upon the terms of the agreement or any violation thereof.
    23    (ii) An institution shall  not  threaten,  retaliate  or  discriminate
    24  against  any  student  eligible  for  such  award or loan because of the
    25  refusal by such student to consent to mandatory arbitration, to  resolve
    26  a  complaint  through  an  internal dispute process, to waive any right,
    27  forum, or procedure for a violation of this chapter, including the right

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14224-01-9
        S. 7148                             2

     1  to file and pursue a civil action, class action or a complaint with,  or
     2  otherwise  notify,  any  state  agency,  other  public  prosecutor,  law
     3  enforcement agency, or any court or other  governmental  entity  of  any
     4  alleged violation, or not to disclose, discuss, describe or comment upon
     5  the terms of the agreement or any violation thereof.
     6    (iii)  For  purposes  of  this paragraph, an agreement that requires a
     7  student to opt out of a waiver or take any affirmative action  in  order
     8  to  preserve  their  rights  is  deemed a condition of any award or loan
     9  pursuant to this article.
    10    (iv) In addition to injunctive relief and any  other  remedies  avail-
    11  able,  a  court  may award a prevailing plaintiff enforcing their rights
    12  under this paragraph reasonable attorneys' fees.
    13    (v) Nothing in this paragraph is  intended  to  invalidate  a  written
    14  arbitration  agreement  that  is otherwise enforceable under the Federal
    15  Arbitration Act.
    16    (b) The participation agreement  may  contain  such  other  terms  and
    17  conditions,  consistent with such applicable laws, rules and procedures,
    18  as the president may require in accordance with rules adopted  for  this
    19  purpose  by  the  board  and shall be developed in consultation with the
    20  commissioner of education.
    21    (c) In accordance with rules adopted by the board  for  this  purpose,
    22  the  president, may suspend, limit or terminate an institution's partic-
    23  ipation in these programs in the event it shall be  determined  after  a
    24  hearing  conducted in accordance with the state administrative procedure
    25  act that the institution has violated  any  applicable  laws,  rules  or
    26  procedures  provided  for under the agreement in accordance with law and
    27  the rules of the board.
    28    § 2. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law. Effective immediately, the addition,  amend-
    30  ment and/or repeal of any rule or regulation necessary for the implemen-
    31  tation  of  this act on its effective date are authorized to be made and
    32  completed on or before such effective date.