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A03321 Summary:

Add §817, Ed L; amd §349, Gen Bus L
Requires any person or entity that seeks to offer supplemental educational services or learning programs to register with the superintendent.
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A03321 Actions:

01/27/2017referred to education
01/03/2018referred to education
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A03321 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
        Introduced  by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
          Committee on Education
        AN ACT to amend the education law  and  the  general  business  law,  in
          relation to supplemental educational and learning programs
          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 817 to
     2  read as follows:
     3    § 817. Supplemental educational and learning  programs;  registration.
     4  1.  Any  person  or  entity  that  seeks to offer or provide educational
     5  services, such as tutoring, test-preparatory or supplemental learning or
     6  instruction, outside of the regular public or private school  curriculum
     7  to  three  or  more  unrelated  children  of compulsory school age shall
     8  register with the superintendent of the local school district or, in the
     9  city school district of the city of New York, the superintendent of  the
    10  community school district, in which the educational services or instruc-
    11  tion  will  be  provided.  No  person or entity may offer or provide the
    12  services described in this section without obtaining a registration from
    13  the superintendent.
    14    2. In order to be registered, the person or entity shall submit to the
    15  appropriate  superintendent  an  application  containing  the  following
    16  information,  accompanied  by  a reasonable application fee to be deter-
    17  mined by the superintendent:
    18    a. the name and address of the applicant. If the applicant is an enti-
    19  ty or corporation, the name and address of its chief  executive  officer
    20  and other officers;
    21    b.  the address of the building, house, premises or principal place of
    22  business where the services or instruction will be provided;
    23    c. a statement identifying the specific objectives of the  program  or
    24  services;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3321                             2
     1    d.  a  detailed  outline  or  description  of the curriculum, classes,
     2  subjects, instruction or programs to be provided;
     3    e.  the instructional plan, including curriculum materials, textbooks,
     4  electronic devices and software;
     5    f. the names of the instructors and their qualifications;
     6    g. hours of instruction;
     7    h. the tuition and other fees, and the tuition refund policy, approved
     8  by the superintendent; and
     9    i. any other information or requirements requested by the  superinten-
    10  dent.
    11    3.  Within fourteen days of the receipt of the application, the super-
    12  intendent shall interview the applicant and inspect the  premises  where
    13  the  supplemental educational services and learning are to be offered or
    14  provided in order to determine whether the  applicant  is  qualified  to
    15  provide  the educational services and programs described in its applica-
    16  tion.
    17    4. If the superintendent is satisfied that the applicant is  qualified
    18  to offer or provide the educational services, learning or instruction, a
    19  registration shall be issued for a period of no more than two years. The
    20  superintendent  shall  visit  and  inspect  the registrant at least once
    21  every three months.
    22    5. a. Any person or, if the person is a  child  of  compulsory  school
    23  age,  the child's parent or legal guardian, who believes that the regis-
    24  trant has engaged in the following actions shall have the right to  file
    25  a  complaint within one year of the alleged violation to the appropriate
    26  superintendent:
    27    (i) operating without a valid registration;
    28    (ii) use of false, misleading, deceptive or fraudulent advertising;
    29    (iii) making fraudulent statements or representations to any  student,
    30  a  student's  parent or legal guardian, or the public in connection with
    31  any activity of the registrant;
    32    (iv) failure to make a tuition refund, pursuant  to  a  refund  policy
    33  approved by the superintendent;
    34    (v)  violation  of  any  provisions  of  this  section,  or  any other
    35  provisions of law, rules or regulations when such violation  constitutes
    36  a  pattern of misconduct which significantly impairs the learning objec-
    37  tives of the registrant's instructional program; or
    38    (vi) the incompetence or lack of qualifications of the registrant, any
    39  teacher, or operator of the program.
    40    b. The superintendent of the school district in which  the  registrant
    41  is located may initiate an investigation without a complaint.
    42    6. a. The superintendent shall within ten days of receipt of the writ-
    43  ten  complaint  commence  an  investigation of the alleged misconduct or
    44  violation, and shall within thirty days of such receipt issue a  written
    45  finding.
    46    b.  The superintendent may impose a civil penalty not to exceed seven-
    47  ty-five thousand dollars or double the documented amount from which  the
    48  registrant  or  an officer or employee thereof benefited. In addition to
    49  the civil penalty, any person who knowingly violates any  provisions  of
    50  this  section,  including  knowingly operating without a valid registra-
    51  tion, shall be guilty of a class A misdemeanor, punishable in accordance
    52  with the penal law. The superintendent shall refer such determination to
    53  the attorney general or to the appropriate district attorney for  appro-
    54  priate  action. The attorney general or a district attorney may bring an
    55  action on his or her own initiative.

        A. 3321                             3
     1    7. Any person injured by a violation of  this  section  may  bring  an
     2  action  against  the  registrant  or  any officers of the registrant for
     3  actual damages or ten thousand dollars, whichever is  greater.  A  court
     4  may, in its discretion, award reasonable attorney's fees to a prevailing
     5  plaintiff.
     6    §  2.  Section  349 of the general business law is amended by adding a
     7  new subdivision (i) to read as follows:
     8    (i) Where the deceptive  acts  and  practices  involve  the  offer  or
     9  provision   of   supplemental  educational,  learning  or  instructional
    10  services or activities to children of  compulsory  age  outside  of  the
    11  regular  curriculum  of  a  public  or private school, including but not
    12  limited to:  1. offering or providing educational or  learning  services
    13  without  official approval or registration as required by law; 2. making
    14  fraudulent statements or representations to  the  student,  a  student's
    15  parent or legal guardian or to the public in connection with any service
    16  or  activity  provided  by  the person, firm or corporation; or 3. using
    17  false, misleading, deceptive or  fraudulent  advertising,  the  attorney
    18  general  may  seek  a  civil penalty not to exceed seventy-five thousand
    19  dollars or double the amount from which the person, firm or  corporation
    20  benefited,  whichever  is greater. In addition to the civil penalty, any
    21  person who knowingly violates any provisions of this  subdivision  shall
    22  be  guilty  of  a class A misdemeanor, punishable in accordance with the
    23  penal law.
    24    § 3. This act shall take effect immediately.
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