Relates to the granting of higher education degrees by authorized institutions; provides that no entity shall confer a degree upon an individual unless it is an authorized institution or all of its programs are authorized programs.
STATE OF NEW YORK
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S. 1721--A A. 1735--A
2011-2012 Regular Sessions
SENATE - ASSEMBLY
January 11, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Higher Educa-
tion -- recommitted to the Committee on Higher Education in accordance
with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. MORELLE, CLARK, MILLMAN, BOYLAND,
HOOPER, TITUS -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, GALEF,
HEASTIE, McENENY, PEOPLES-STOKES, N. RIVERA, ROBINSON, SCHIMMINGER,
SWEENEY -- read once and referred to the Committee on Higher Education
-- recommitted to the Committee on Higher Education in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the university of the
state of New York; and to repeal section 224 of such law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known as the "integrity of higher educa-
2 tion degrees, and education consumer protection act of 2012".
3 § 2. Section 224 of the education law is REPEALED and a new section
4 224 is added to read as follows:
5 § 224. Prohibitions. 1. Definitions. For the purpose of this section:
6 (a) "Authorized institution" means
7 (i) any individual, association, partnership, corporation or other
8 entity which holds college, university, or other degree granting power
9 by special charter from the legislature of this state, or the regents,
10 or
11 (ii) any individual, association, partnership, corporation or other
12 entity which is located without the state, maintains no presence within
13 this state, as determined by the department, and is accredited by at
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05386-02-2
S. 1721--A 2 A. 1735--A
1 least one accrediting commission recognized by the United States depart-
2 ment of education as a reliable authority for the purpose of accredi-
3 tation at the post secondary level, or
4 (iii) any individual, association, partnership, corporation or other
5 entity which is located without the United States and, at the determi-
6 nation of the department meets the minimal standards of an accrediting
7 commission recognized by the United States department of education as a
8 reliable authority for the purpose of accreditation at the post second-
9 ary level.
10 (b) "Authorized program" means any series of academic courses, or any
11 academic program which leads to a degree when such program is:
12 (i) approved by the department or the regents for such purpose, or
13 (ii) offered by or through an institution located without the state,
14 and maintains no presence within the state, as determined by the depart-
15 ment, and is conducted and completed wholly without the state, and the
16 program is accredited by at least one accrediting commission recognized
17 by the United States department of education as a reliable authority for
18 the purpose of accreditation at the post secondary level, or
19 (iii) offered by an institution located without the United States and
20 the program, at the determination of the department meets the minimal
21 standards of an accrediting commission recognized by the United States
22 department of education as a reliable authority for the purpose of
23 accreditation at the post secondary level.
24 (c) "Authorized degree" means an academic degree which is:
25 (i) issued or conferred by an authorized institution, or
26 (ii) issued or conferred upon completion of, and in recognition of
27 such completion, an authorized program, or
28 (iii) authorized by the department upon a determination that the
29 institution which conferred the degree, or the program which led to the
30 degree meets the academic standards of this state, or of an accrediting
31 commission recognized by the United States department of education as a
32 reliable authority for the purpose of accreditation at the post second-
33 ary level.
34 2. No individual, association, partnership, corporation or other enti-
35 ty shall, in this state, confer any degree or use, advertise, or trans-
36 act business under the named university or college, or using any other
37 title or descriptive material indicating or tending to indicate that
38 such individual, association, partnership, corporation or other entity
39 conducts, carries on, or is a school of law, medicine, dentistry, phar-
40 macy, veterinary medicine, nursing, optometry, podiatry, architecture,
41 engineering, education, psychology, or chiropractic unless it is an
42 authorized institution, or all programs offered or advertised in this
43 state are authorized programs. The first violation of this subdivision
44 is a misdemeanor, any subsequent violation is a felony.
45 3. No institution shall advertise any degree or academic program lead-
46 ing to a degree in this state, or solicit students in this state unless
47 it is an authorized institution or all programs offered are authorized
48 programs. The first violation of this subdivision is a misdemeanor, any
49 subsequent violation is a felony. Provided however, any newspaper or
50 other advertising medium which carries such advertisements shall be
51 exempt from this subdivision.
52 4. No person with intent to deceive, shall represent himself or
53 herself to have received any degree unless he or she has received an
54 authorized degree. Neither shall any person append to his or her name
55 any letters in the same form registered to the regents as entitled to
56 the protection accorded to university degrees unless he or she shall
S. 1721--A 3 A. 1735--A
1 have received an authorized degree. The first violation of this subdi-
2 vision is a misdemeanor, any subsequent violation is a felony.
3 5. It shall be a defense to any charge brought under subdivision four
4 of this section that the person representing himself or herself to hold
5 such degree did so based on a good faith belief that his or her degree
6 was an authorized degree, was conferred by an authorized institution or
7 upon completion of an authorized program.
8 6. No person, association, partnership, corporation, or entity govern-
9 mental or private, shall be required to accept a degree for any purpose,
10 excepting that such degree be an authorized degree.
11 7. Counterfeiting or falsely making or without authority making or
12 altering in any material respect any diploma or certificate, or any
13 record of post secondary academic performance or academic transcript,
14 issued under seal shall be a felony.
15 8. Notwithstanding the provisions of subdivision two, three, four or
16 six of this section, the department, boards of education, school author-
17 ities, or authorized schools shall not be required to accept for
18 purposes of certification, recertification, licensure, appointment,
19 promotional increment, or salary differential for pedagogic personnel,
20 any diploma, degree or course credit from a university, college, acade-
21 my, school or other institution of learning located outside of the state
22 of New York if such diploma, degree, or course credit was granted with-
23 out the requirement of on-campus attendance and if such instruction and
24 testing was transacted primarily by correspondence. Any person making
25 application for certification, recertification, licensure, appointment,
26 promotional increment or salary differential may be required by the
27 commissioner, or by boards of education, school authorities, or author-
28 ized school officers to submit a signed statement or affidavit as part
29 of such application to identify any diploma, degree or course credit
30 which was granted by a university, college, academy, school or other
31 institution of learning located outside of the state if such diploma,
32 degree, or course credit was granted without the requirement of on-cam-
33 pus attendance and if such instruction and testing was transacted prima-
34 rily by correspondence. A willful and wrongful misrepresentation on such
35 application shall constitute grounds for disciplinary action in accord-
36 ance with the provisions of this chapter, the rules of the regents, the
37 regulations of the commissioner, or the by-laws, rules or regulations of
38 such school authorities. The provisions of this subdivision shall not
39 apply to any diploma, degree or course credit earned before September
40 first, nineteen hundred eighty-seven.
41 9. The regents shall promulgate any necessary regulations for the
42 purpose of carrying out the provisions of this section.
43 § 3. The education law is amended by adding a new section 115 to read
44 as follows:
45 § 115. Authorized institutions and degrees. The department shall:
46 1. Maintain a list, available to the public, of all authorized insti-
47 tutions and programs as provided for in section two hundred twenty-four
48 of this title, provided however, that the department may elect to list
49 only those institutions and programs which are authorized but not
50 accredited by at least one accrediting commission recognized by the
51 United States department of education as a reliable authority for the
52 purpose of accreditation at the post secondary level. Such list shall be
53 made available at all times to the public on the internet.
54 2. For all colleges, universities, institutions, individuals, associ-
55 ations, partnerships, or other entities which are found to be located in
56 this state, soliciting students in this state, or advertising degrees or
S. 1721--A 4 A. 1735--A
1 post secondary academic programs in this state the department shall make
2 a determination as to whether the college, university, institution,
3 individual, association, partnership, or other entity is an authorized
4 institution.
5 3. Maintain a list, available to the public, of all known institutions
6 that are or have been located in this state, soliciting students in this
7 state, or advertising degrees or post secondary academic programs in
8 this state and are not authorized in accordance with section two hundred
9 twenty-four of this title. This list shall be made available to the
10 public at all times on the internet.
11 4. Maintain a list, available to the public of all degrees which are
12 authorized pursuant to section two hundred twenty-four of this title,
13 provided however, that for colleges located without the state the
14 department may elect to list only those degrees conferred by insti-
15 tutions or upon completion of programs which are authorized but not
16 accredited by at least one accrediting commission recognized by the
17 United States department of education as a reliable authority for the
18 purpose of accreditation at the post secondary level. This list shall
19 include all known institutions and programs whose degrees are not
20 authorized pursuant to section two hundred twenty-four of this title.
21 This list shall be made available to the public at all times on the
22 internet.
23 5. Promulgate any regulations necessary for purposes of carrying out
24 the provisions of this section.
25 § 4. This act shall take effect immediately.
