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S04237 Summary:

S04237 Actions:

S04237 Committee Votes:

S04237 Floor Votes:

S04237 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4237--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2021
                                       ___________
 
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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 relating to  any  award  or  loan  through  an
    16  internal dispute process;
    17    (3)  waive  any  right,  forum,  or  procedure  for a violation of any
    18  provision of this chapter, including the right  to  file  and  pursue  a
    19  civil action, class action or a complaint with, or otherwise notify, any
    20  state  agency,  other  public prosecutor, law enforcement agency, or any
    21  court or other governmental entity of any alleged violation; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02144-03-1
        S. 4237--A                          2
 
     1    (4) be prohibited from disclosing, discussing, describing or  comment-
     2  ing upon the terms of the agreement or any violation thereof.
     3    (ii)  An  institution  shall  not  threaten, retaliate or discriminate
     4  against any student eligible for such  award  or  loan  because  of  the
     5  refusal  by such student to consent to mandatory arbitration, to resolve
     6  a complaint through an internal dispute process,  to  waive  any  right,
     7  forum, or procedure for a violation of this chapter, including the right
     8  to  file and pursue a civil action, class action or a complaint with, or
     9  otherwise  notify,  any  state  agency,  other  public  prosecutor,  law
    10  enforcement  agency,  or  any  court or other governmental entity of any
    11  alleged violation, or not to disclose, discuss, describe or comment upon
    12  the terms of the agreement or any violation thereof.
    13    (iii) For purposes of this paragraph, an  agreement  that  requires  a
    14  student  to  opt out of a waiver or take any affirmative action in order
    15  to preserve their rights is deemed a condition  of  any  award  or  loan
    16  pursuant to this article.
    17    (iv)  In  addition  to injunctive relief and any other remedies avail-
    18  able, a court may award a prevailing plaintiff  enforcing  their  rights
    19  under this paragraph reasonable attorneys' fees.
    20    (v)  Nothing  in  this  paragraph  is intended to invalidate a written
    21  arbitration agreement that is otherwise enforceable  under  the  Federal
    22  Arbitration Act.
    23    (b)  The  participation  agreement  may  contain  such other terms and
    24  conditions, consistent with such applicable laws, rules and  procedures,
    25  as  the  president may require in accordance with rules adopted for this
    26  purpose by the board and shall be developed  in  consultation  with  the
    27  commissioner of education.
    28    (c)  In  accordance  with rules adopted by the board for this purpose,
    29  the president, may suspend, limit or terminate an institution's  partic-
    30  ipation  in  these  programs in the event it shall be determined after a
    31  hearing conducted in accordance with the state administrative  procedure
    32  act  that  the  institution  has  violated any applicable laws, rules or
    33  procedures provided for under the agreement in accordance with  law  and
    34  the rules of the board.
    35    § 2. This act shall take effect on the one hundred eightieth day after
    36  it  shall have become a law. Effective immediately, the addition, amend-
    37  ment and/or repeal of any rule or regulation necessary for the implemen-
    38  tation of this act on its effective date are authorized to be  made  and
    39  completed on or before such effective date.