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S00610 Summary:

BILL NOS00610A
 
SAME ASSAME AS A04547-A
 
SPONSORSTAVISKY
 
COSPNSRJACKSON, MAY
 
MLTSPNSR
 
Add §210-d, Ed L
 
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.
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S00610 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         610--A
            Cal. No. 309
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens.  STAVISKY,  JACKSON, MAY -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Higher
          Education  --  recommitted  to  the  Committee  on Higher Education in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee,  ordered  to  first  and  second  report, amended on second
          report, ordered to a third reading, and to be  reprinted  as  amended,
          retaining its place in the order of third reading
 
        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  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01568-02-6

        S. 610--A                           2
 
     1  education or the department for the immediately preceding ten years,  or
     2  (b)  notwithstanding  paragraph (a) of this subdivision, meets the defi-
     3  nition of a highly  qualified  out  of  state  institution  pursuant  to
     4  3.59(f)  of  the  commissioner's  rules and regulations and has received
     5  approval for a charter by the regents and  approval  of  a  petition  to
     6  merge  with a chartered New York state institution that has maintained a
     7  physical presence in the state for the  immediately  preceding  ten-year
     8  period  prior to the merger, shall be deemed registered with the depart-
     9  ment forty-five days after notification of approval by such  college  or
    10  university's governing body and submission of a complete application for
    11  review.  If  within forty-five days of submission, the department deter-
    12  mines the new curriculum or program of study to be incomplete or  insuf-
    13  ficient,  a  written  explanation  shall be provided to the institution.
    14  Upon curing, the new curriculum or program  of  study  shall  be  deemed
    15  registered with the department thirty days after resubmission, or earli-
    16  er upon the department's approval.
    17    2.  Any  not-for-profit  college or university that meets the criteria
    18  set forth in subdivision one of this section which has received  curric-
    19  ulum or program approval from the department and seeks to offer the same
    20  curriculum  or  program  in a distance learning format shall not need to
    21  have such curriculum or program re-approved by the department, but shall
    22  inform the department of such college's or university's intent to  offer
    23  such  program  in  such  format  within  thirty  days prior to providing
    24  distance learning.
    25    3. If a college or university  is  placed  on  probation  or  has  its
    26  accreditation  terminated  by the institutional accrediting agency, such
    27  college or university shall notify the regents in writing no later  than
    28  thirty days after receiving notice of its probationary status or loss of
    29  accreditation by the institutional accrediting agency.
    30    4.  Any  college  or  university which has its accreditation placed on
    31  probation or terminated by the institutional accrediting agency  or  the
    32  education  department  shall  be  subject  to the commissioner's program
    33  approval until it has been removed from probation or  regained  accredi-
    34  tation  by the institutional accrediting agency or the education depart-
    35  ment, and shall further remain subject to  such  commissioner's  program
    36  approval  until  it  has continued without probation for a period of not
    37  less than six years.
    38    5. If a college or university subject to this section intends to offer
    39  or institute  an  additional  degree  or  program  which  constitutes  a
    40  substantive  change  as  defined  and  determined  by  the institutional
    41  accrediting agency, then such college or university  shall  provide  the
    42  commissioner  with  copies  of any reports or other documents filed with
    43  the institutional  accrediting  agency  as  part  of  the  institutional
    44  accrediting  agency's substantive change review process and shall inform
    45  the commissioner when the substantive change is approved.
    46    6. Any such college or university that does not  satisfy  all  of  the
    47  provisions of this section shall comply with the procedures and criteria
    48  established  by  the  regents  and  commissioner  for  academic  program
    49  approval. Nothing in this section shall be deemed to limit  the  depart-
    50  ment's  existing  authority  to  investigate  a complaint concerning the
    51  institution, or any program offered, including the authority to deregis-
    52  ter the program.
    53    7. The commissioner shall establish and maintain a database,  accessi-
    54  ble  to institutions seeking curriculum or program approval, which shall
    55  provide updated information on the current status  of  an  institution's

        S. 610--A                           3
 
     1  submitted  requests.  To  the  extent  practicable,  the  database shall
     2  include, but is not limited to, the following information:
     3    (a) acknowledgement and date of receipt of submission;
     4    (b)  the  initial review by an office of college and university evalu-
     5  ation;
     6    (c) questions from the department  to  the  specific  institution  and
     7  receipt of answers provided by the institution in response; and
     8    (d)  any remarks and the final decision made by the department regard-
     9  ing a curriculum's or program's approval or disapproval.
    10    8. The commissioner is hereby authorized to promulgate rules and regu-
    11  lations necessary for the implementation of this section.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have  become  a  law.    Effective  immediately, the addition, amendment
    14  and/or repeal of any rule or regulation necessary for the implementation
    15  of this act on  its  effective  date  are  authorized  to  be  made  and
    16  completed on or before such effective date.
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