Requires degree-granting institutions of higher education to make certain biennial disclosures and to conspicuously publish the report on the website of such institution and submit the website address of such report to the department.
STATE OF NEW YORK
________________________________________________________________________
2177--A
Cal. No. 27
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. EPSTEIN, GALLAGHER, STECK, JACKSON, FORREST,
BURDICK, CLARK, MAGNARELLI, SEAWRIGHT, WALLACE -- read once and
referred to the Committee on Higher Education -- reported from commit-
tee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the education law, in relation to requiring degree-
granting institutions of higher education to make certain biennial
disclosures
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 239-c
2 to read as follows:
3 § 239-c. Biennial disclosures. 1. All degree-granting institutions of
4 higher education offering registered undergraduate programs shall make
5 and publish a biennial report disclosing the following, based on the
6 most recent data or calculations available, and based on audited or
7 agency-reviewed data whenever available:
8 (a) whether such institution is a degree-granting proprietary institu-
9 tion of higher education, a non-profit institution of higher education
10 or a public institution of higher education;
11 (b) except for public institutions of higher education, the ownership
12 or ownership interest and control of such institution;
13 (c) whether the institution has the authority to confer two-year
14 degrees, four-year degrees or both;
15 (d) a schedule of all tuition, mandatory fees and other mandatory
16 costs to attend such institution, per semester or, when applicable, per
17 quarter;
18 (e) in the case of any degree-granting proprietary institution of
19 higher education, the gross profit of such institution as stated in the
20 institution's most recent audited financial statement shall be reported
21 as a dollar amount;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01861-05-3
A. 2177--A 2
1 (f) the amount of spending on instruction, post-enrollment academic
2 support, and post-enrollment student services determined in a manner
3 consistent with the spending categories used by the federal Integrated
4 Postsecondary Education Data System except the amounts (i) may include
5 expenses for course design and instructor support related to distance
6 learning, and (ii) shall exclude expenses for advertising, recruiting,
7 admissions, and other activities related to students not yet enrolled in
8 an institution. In the case of publicly funded institutions, reporting
9 of such expenses is required when those expenses exceed two percent of
10 the operating funds derived from state sources;
11 (g) marketing and recruitment expenditures as stated in the insti-
12 tution's most recently audited financial statement shall be expressed
13 both as a dollar amount and as a percentage of the overall budget of
14 such institution. In the case of publicly funded institutions, report-
15 ing of such expenses is required when those expenses exceed two percent
16 of the operating funds derived from state sources; and
17 (h) when such information is publicly available or accessible to the
18 institution:
19 (i) median earnings one year after graduating from such institution
20 separated by program;
21 (ii) the percentage of students who take out federal loans to attend
22 such institution;
23 (iii) the average dollar amount of federal loans taken out by students
24 to attend such institution;
25 (iv) the average dollar amount of private loans taken out by students
26 to attend such institution;
27 (v) the amount in dollars that such institution receives from the New
28 York state tuition assistance program;
29 (vi) the percentage of students who took out a federal loan to attend
30 such institution who have repaid at least one dollar of the principal of
31 such loan within five years of leaving such institution; and
32 (vii) the default rate after three, five, and ten years of students
33 who took out a federal loan (or private loan, if such information is
34 accessible to the institution) to attend such institution.
35 2. (a) Biennially on or before the first day of July, each institution
36 of higher education shall conspicuously publish the report prepared
37 pursuant to subdivision one of this section on the website of such
38 institution and submit the website address of such report to the depart-
39 ment.
40 (b) The commissioner shall publish and maintain a list of all website
41 addresses received pursuant to paragraph (a) of this subdivision on the
42 website of the department.
43 § 2. This act shall take effect on the first of January next succeed-
44 ing the date on which it shall have become a law. Effective immediately,
45 the addition, amendment and/or repeal of any rule or regulation neces-
46 sary for the implementation of this act on its effective date are
47 authorized to be made and completed on or before such effective date.
