S T A T E   O F   N E W   Y O R K
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                                  2820

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Higher Education

AN  ACT  to amend the education law, in relation to protecting constitu-
  tional or civil rights of non-degree granting proprietary schools  and
  their owners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature declares that it is the
policy of the state of New York to assure that each non-degree  granting
proprietary  school,  hereinafter  "proprietary  school," and the owners
thereof are afforded due process before the revocation of such  school's
license  to operate as a proprietary school or the denial of an applica-
tion for renewal of such license. Any application for  renewal  of  such
license  or  appeal  of  revocation or registration or regulation of any
proprietary school by the  bureau  of  proprietary  school  supervision,
hereinafter  "the bureau," should be made in an environment free of fear
of discrimination based upon race, religion, creed, color,  sex,  sexual
orientation,  age,  disability,  ethnicity or national origin. The state
has the responsibility to act to ensure  that  all  proprietary  schools
have  the  ability  to  operate,  and to not be closed or prevented from
obtaining a renewal of their license, or  have  their  license  revoked,
barring  presumed  evidence of fraud, so as to afford an opportunity for
such proprietary school to take corrective action to remedy any apparent
or alleged deficiency or deficiencies in  their  operation  and  without
imposing  penalties that are not commensurate with the violations estab-
lished. Any such action by the bureau, against a proprietary  school  in
any  case  that  appears based on any violation of any protection of the
constitutionally guaranteed rights of due process shall  immediately  be
forestalled  or  tabled and referred to a hearing to be conducted by the
"legislative advisory committee for proprietary schools education" to be
known as the "proprietary school disciplinary committee" which shall act

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00663-01-3
              

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and function separately and distinctly from the advisory council  estab-
lished pursuant to section five thousand ten of the education law.
  The  legislature finds that enactment of this legislation will promote
the fair regulation of the proprietary school system and will serve  the
short-term and long-term best interests of those people of the state who
depend on the proprietary schools to provide them with opportunities for
education.
  S  2.  The  education law is amended by adding a new section 5003-a to
read as follows:
  S 5003-A. VIOLATIONS OF CONSTITUTIONAL OR CIVIL RIGHTS; CIVIL ACTIONS;
AND CRIMINAL SANCTIONS. 1. A.  A  "LEGISLATIVE  ADVISORY  COMMITTEE  FOR
PROPRIETARY  SCHOOLS  EDUCATION"  HEREINAFTER  KNOWN AS THE "PROPRIETARY
SCHOOL DISCIPLINARY COMMITTEE" OR "PSDC" IS HEREBY CREATED  AS  PROVIDED
IN THIS SECTION.
  B. THE PSDC SHALL BE COMPOSED OF NINE MEMBERS APPOINTED AS FOLLOWS:
  (1)  TWO  MEMBERS  SHALL  BE  APPOINTED UPON THE RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE WITH  ONE  REPRESENTING  A  REGISTERED
TRADE SCHOOL AND ONE REPRESENTING A LICENSED BUSINESS SCHOOL;
  (2)  TWO  MEMBERS  SHALL  BE  APPOINTED UPON THE RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY WITH ONE REPRESENTING A REGISTERED TRADE  SCHOOL
AND ONE REPRESENTING A LICENSED BUSINESS SCHOOL;
  (3)  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
CHAIRPERSON OF THE SENATE BLACK, PUERTO RICAN, HISPANIC & ASIAN LEGISLA-
TIVE CAUCUS;
  (4) ONE MEMBER SHALL BE  APPOINTED  UPON  THE  RECOMMENDATION  OF  THE
CHAIRPERSON OF THE SENATE CONSUMER PROTECTION COMMITTEE;
  (5)  ONE  MEMBER  SHALL  BE AN OWNER OR DIRECTOR OF A SCHOOL REGULATED
PURSUANT TO THIS ARTICLE;
  (6) ONE MEMBER SHALL BE A STUDENT CURRENTLY ENROLLED IN A SCHOOL REGU-
LATED PURSUANT TO THIS ARTICLE AT THE TIME OF APPOINTMENT OR A  GRADUATE
OF  SUCH A SCHOOL WHO GRADUATED NO MORE THAN THREE YEARS BEFORE APPOINT-
MENT; AND
  (7) ONE MEMBER SHALL BE A STUDENT ADVOCATE.
  C. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FROM SUCH  MEMBERS.  THE
SECRETARY  OF  EDUCATION, THE PRESIDENT OF THE HIGHER EDUCATION SERVICES
CORPORATION, THE STATE COMPTROLLER, THE DIRECTOR OF THE DIVISION OF  THE
BUDGET,  AND  THE  EXECUTIVE  DIRECTOR  OF  THE JOB TRAINING PARTNERSHIP
COMMITTEE, OR THEIR DESIGNEES, SHALL  SERVE  AS  EX-OFFICIO,  NON-VOTING
MEMBERS OF THE COMMITTEE.
  D.  THE  PSDC  SHALL  MEET  NO LESS THAN FOUR TIMES A YEAR. AFTER EACH
MEETING A REPORT OF ALL FINDINGS SHALL BE  SUBMITTED  TO  THE  GOVERNOR.
MEMBERS OF THE PSDC SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT
SHALL  BE  REIMBURSED  FOR  REASONABLE EXPENSES ACTUALLY AND NECESSARILY
INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
  2. A. THE BUREAU OF PROPRIETARY SCHOOL SUPERVISION,  HEREINAFTER  "THE
BUREAU," UPON RECEIVING A COMPLAINT FROM A STUDENT OR STUDENTS AGAINST A
PROPRIETARY  SCHOOL  OR UPON A COMPLAINT GENERATED FROM ITS OWN INVESTI-
GATION, SHALL NOTIFY SUCH SCHOOL WITHIN TEN BUSINESS DAYS  ADVISING  THE
SCHOOL  THAT  IT  HAS  SIXTY  DAYS TO DEVISE A CORRECTIVE ACTION PLAN TO
ADDRESS THE ALLEGED VIOLATIONS. SUCH PROPRIETARY SCHOOL WITHIN THE SIXTY
DAY PERIOD SHALL FORWARD ITS CORRECTIVE ACTION PLAN TO THE BUREAU AND TO
THE DESIGNATED MEMBER OF THE PSDC.  THE PSDC SHALL THEN HAVE  TEN  BUSI-
NESS  DAYS  TO  ACCEPT,  REJECT OR AMEND THE CORRECTIVE ACTION PLAN, AND
SUCH CORRECTIVE ACTION PLAN SHALL BE DEEMED ACCEPTABLE UNLESS  THE  PSDC
VOTES  UNANIMOUSLY  TO REJECT SUCH PLAN. THE PROPRIETARY SCHOOL SHALL BE
NOTIFIED VIA CERTIFIED MAIL WITHIN FIVE BUSINESS DAYS OF THE PSDC  DECI-

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SION. FOR THE PURPOSES OF REVIEW A MINIMUM OF FIVE PSDC MEMBERS, NONE OF
WHICH  ARE  EX-OFFICIO, MUST VOTE ON THE PROPRIETARY SCHOOL'S CORRECTIVE
ACTION PLAN. THE ADOPTION OF THE PLAN AS SUBMITTED MUST BE APPROVED BY A
MAJORITY OF THE MEMBERS VOTING.
  B.  THE PROPOSED CORRECTIVE ACTION PLAN SHALL ADDRESS EVERY ALLEGATION
IN THE COMPLAINT, INCLUDING THE REMEDIAL ACTION TO BE TAKEN. SUCH  REME-
DIAL  ACTION  MAY  INCLUDE  BUT  IS  NOT LIMITED TO REFUNDS TO STUDENTS,
CHANGES IN STAFF PERSONNEL, DISCONTINUANCE OF CLASSES,  MODIFICATION  TO
CURRICULUM,  MODIFICATIONS  TO  ENROLLMENT  DOCUMENTS, INCLUDING BUT NOT
LIMITED TO THE ENROLLMENT AGREEMENT, AND CATALOGS, CHANGES IN  ADVERTIS-
ING  AND MARKETING, LICENSES, CREDENTIALS OR CERTIFICATES TO BE OBTAINED
TO BRING THE PROPRIETARY SCHOOL INTO COMPLIANCE WITH  THIS  CHAPTER  AND
OTHER  APPLICABLE  LAWS,  AND  ANY  OTHER  MATTER IN RECTIFICATION TO BE
COMPLIANT WITH THIS CHAPTER.
  C. IF THE PSDC REJECTS THE CORRECTIVE ACTION PLAN IT MUST  NOTIFY  THE
PROPRIETARY  SCHOOL  OF  ITS POSITION AND SUBMIT AN ITEMIZED RECOMMENDED
MODIFICATION TO SUCH PLAN. SUCH ITEMIZED RECOMMENDATION CAN INCLUDE  ANY
COMMENSURATE FINE THE PSDC DEEMS APPROPRIATE GIVEN THE VIOLATIONS ESTAB-
LISHED.  ANY  FINE  FOR A VIOLATION OF THIS SUBDIVISION SHALL NOT EXCEED
TWO THOUSAND FIVE HUNDRED DOLLARS AND SHALL NOT BE AGGREGATED BASED UPON
THE NUMBER OF STUDENTS AFFECTED BY THE VIOLATION OR THE NUMBER OF REPEAT
INSTANCES OF THE SAME VIOLATION. IN ANY EVENT THE TOTAL FINE  SHALL  NOT
EXCEED TWENTY-FIVE THOUSAND DOLLARS. THE FINE LIMITATION SHALL IN NO WAY
LIMIT  THE  FINES,  COSTS,  FEES, RESTITUTION AND OTHER ASSESSMENTS DULY
IMPOSABLE UPON THE SCHOOL AS A RESULT OF OTHER LAW ENFORCEMENT OR  CIVIL
PROCEEDINGS BROUGHT AGAINST THE SCHOOL.
  D.  NOTWITHSTANDING  ANY RECOMMENDATIONS IT SUBMITS TO THE PROPRIETARY
SCHOOL, THE PSDC MAY MAKE APPROPRIATE REFERRALS TO APPROPRIATE  AGENCIES
AS  IT  DEEMS  FIT  BASED  UPON THE ALLEGATIONS IN THE COMPLAINT AND THE
PROPRIETARY SCHOOL'S CORRECTIVE  ACTION  PLAN.  THE  PROPRIETARY  SCHOOL
SHALL  BE  GIVEN  THIRTY  DAYS  TO NOTIFY THE PSDC AND THE BUREAU OF ITS
ACCEPTANCE OF THE MODIFICATIONS AND ITS INTENT TO  ADOPT  AND  IMPLEMENT
SUCH  MODIFICATIONS.  THE  PSDC  CAN  DIRECT  THE  PROPRIETARY SCHOOL TO
SUSPEND ENROLLING STUDENTS UPON NOTICE TO THE PROPRIETARY SCHOOL SUBJECT
TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
  E. IF THE PROPRIETARY SCHOOL DOES NOT AGREE WITH THE PROPOSED  MODIFI-
CATIONS  TO THE CORRECTIVE ACTION PLAN MADE BY THE PSDC, SUCH SCHOOL MAY
PETITION TO THE SUPREME COURT IN THE COUNTY OF THE  PRINCIPAL  PLACE  OF
BUSINESS  OF THE PROPRIETARY SCHOOL FOR REVIEW OF THE RECOMMENDATIONS BY
PSDC WITHIN THE SAME THIRTY DAY ALLOTMENT.
  F. THE COURT, IN THE EVENT OF SUCH A HEARING, SHALL, UPON A SHOWING OF
CLEAR AND CONVINCING EVIDENCE THAT THE ORIGINALLY  SUBMITTED  CORRECTIVE
ACTION  PLAN DOES NOT ADEQUATELY ADDRESS OR RESOLVE THE ISSUES RAISED BY
THE COMPLAINT, AFFORD THE PROPRIETARY SCHOOL AN  OPPORTUNITY  TO  MODIFY
ITS PLAN BASED UPON THE FINDINGS OF THE COURT.
  G.  THE PROPRIETARY SCHOOL SHALL HAVE SIX MONTHS IN WHICH TO IMPLEMENT
THE ACCEPTED CORRECTIVE ACTION PLAN AGREED UPON BY PSDC OR  THE  SUPREME
COURT. THE BUREAU SHALL THEN NOTIFY THE PROPRIETARY SCHOOL, BY CERTIFIED
MAIL,  OF  ITS  INTENDED  DATE  OF  INSPECTION TO INSURE THE PROPRIETARY
SCHOOL IS IN COMPLIANCE  WITH  THE  IMPLEMENTATION  OF  PSDC'S  ACCEPTED
CORRECTIVE ACTION PLAN.
  3.  ANY NOTICE TO THE PROPRIETARY SCHOOL TO SUSPEND ENROLLING STUDENTS
SHALL NOT TAKE EFFECT IF AT ALL UNTIL AFTER A HEARING FIVE BUSINESS DAYS
AFTER THE PSDC HAS SERVED A NOTICE OF VIOLATION WHICH  ALLEGES  SPECIFIC
VIOLATIONS  OF  THIS  CHAPTER,  REGULATIONS PROMULGATED HEREUNDER OR ANY
OTHER VIOLATION OR OFFENSE AS PRESCRIBED BY LAW ON THE SUBJECT  PROPRIE-

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TARY  SCHOOL  AND  FILED  A  COPY WITH THE PSDC. A HEARING AFFORDING THE
SUBJECT PROPRIETARY SCHOOL AN OPPORTUNITY TO PROVIDE  REASONABLE  ASSUR-
ANCES  THAT  THE ALLEGED VIOLATIONS SHALL NOT POSE AN IMMINENT THREAT TO
THE  PROPER ADMINISTRATIVE AND EDUCATIONAL FUNCTIONS OF THE SCHOOL SHALL
BE CONDUCTED WITHIN FIVE BUSINESS DAYS AFTER THE SERVICE. AT LEAST THREE
PSDC MEMBERS SHALL PRESIDE OVER THE HEARING IN A PREDESIGNATED VENUE  IN
THE  COUNTY IN WHICH SUCH SCHOOL IS LOCATED. THE CHAIRPERSON OF THE PSDC
AND THE SCHOOL SHALL BE AFFORDED AN OPPORTUNITY TO PRESENT ARGUMENTS AND
EXHIBITS IN SUPPORT  AND  IN  OPPOSITION  OF  THE  PROPOSED  SUSPENSION,
CLOSURE AND/OR OTHER DISCIPLINARY ACTION CONSISTENT WITH SUBDIVISION TWO
OF  THIS SECTION.   THE PRESIDING MEMBERS OF THE HEARING SHALL REPORT TO
THE NON-PRESIDING PSDC MEMBERS THEIR FINDINGS WITHIN SEVEN BUSINESS DAYS
AFTER PRESENTATIONS BY THE CHAIRPERSON  OF  THE  PSDC  AND  THE  SUBJECT
SCHOOL  AND A FINAL DETERMINATION REGARDING DISCIPLINARY ACTION SHALL BE
AGREED UPON BY AT LEAST FIVE OF THE PSDC  MEMBERS  WITHIN  TEN  BUSINESS
DAYS  FROM  THE  PRESENTATION OF THE FINDINGS OF THE PRESIDING COMMITTEE
MEMBERS.
  4. PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION NOTWITHSTANDING, THE
PROPRIETARY SCHOOL MAY CONTINUE TO ENROLL STUDENTS AFTER THE  NOTICE  TO
SUSPEND  ENROLLING  STUDENTS  UNTIL  A FINAL DETERMINATION FROM THE PSDC
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT THE PROPRI-
ETARY SCHOOL SHALL ESCROW ANY REGISTRATION  FEES  AND  TUITION  PAYMENTS
FROM  STUDENTS  PRIOR  TO  THE FINAL DETERMINATION. REQUISITIONS FOR THE
PAYMENT OF APPROPRIATE EXPENSES NECESSARY TO THE OPERATION AND  ADMINIS-
TRATION  OF  THE  PROPRIETARY  SCHOOL  SHALL BE REVIEWED BY THE PSDC AND
AUTHORIZED FOR PAYMENT UNTIL FINAL DETERMINATION.
  5. A. WITHIN THIRTY DAYS AFTER A DETERMINATION BY THE PSDC AS  TO  THE
DISCIPLINARY  ACTION TO BE TAKEN AGAINST THE SUBJECT SCHOOL, IF ANY, THE
SUBJECT SCHOOL MAY COMMENCE AN ACTION IN THE SUPREME COURT IN THE COUNTY
IN WHICH THAT SCHOOL HAS ITS PRINCIPAL PLACE OF BUSINESS TO  APPEAL  THE
FINAL DISCIPLINARY ACTION.
  B.  THE  ACTION  MAY BE BROUGHT AS A PLENARY ACTION UNDER THIS SECTION
ALLEGING THAT THE CIVIL RIGHTS OF THE SCHOOL, SCHOOL  OWNER  AND/OR  ITS
DIRECTORS, AGENTS OR EMPLOYEES HAVE BEEN VIOLATED.
  6.  A. WHENEVER ANY PERSON OR PERSONS, OR AGENTS OF THE BUREAU AND ITS
ADVISORY COUNCIL AS ESTABLISHED BY SECTION FIVE  THOUSAND  TEN  OF  THIS
ARTICLE,  WHETHER  OR  NOT  ACTING UNDER THE COLOR OF LAW, INTERFERES BY
USING INTIMIDATION,  SUCH  AS  HEAVY-HANDED  THREATS,  OR  INAPPROPRIATE
INVESTIGATIONAL PROCEDURES, ENTRAPMENT, FEDERAL RACKETEER INFLUENCED AND
CORRUPT  ORGANIZATIONS  ACT (18 U.S.C. S 1961-1968) CHARGES OR COERCION,
IMPLEMENTATION OR ADOPTION OF INAPPROPRIATE, BIASED  OR  PARTISAN  POLI-
CIES,  OR DENIES THE EXERCISE OR ENJOYMENT BY ANY PROPRIETARY SCHOOL AND
ITS OWNER, PERSON OR PERSONS, OF RIGHTS SECURED BY THE  CONSTITUTION  OR
LAWS  OF  THE UNITED STATES, OR OF RIGHTS SECURED BY THE CONSTITUTION OR
BY THE LAWS OF THIS STATE, THE ATTORNEY GENERAL OR AN APPOINTED  SPECIAL
PROSECUTOR APPOINTED PURSUANT TO STATE LAW SHALL BRING A CIVIL OR CRIMI-
NAL  ACTION TO OBTAIN INJUNCTIVE OR OTHER APPROPRIATE LEGAL OR EQUITABLE
RELIEF, IN ORDER TO PROTECT THE PEACEABLE EXERCISE OR ENJOYMENT  OF  THE
RIGHT OR RIGHTS SECURED.
  B.  THE  PSDC, THE ATTORNEY GENERAL OR AN APPOINTED SPECIAL PROSECUTOR
SHALL MAKE APPROPRIATE REFERRALS TO FEDERAL AGENCIES AND LAW ENFORCEMENT
AGENCIES FOR FURTHER REVIEW OF ALLEGED ACTS OF SUCH PERSON  OR  PERSONS,
OR AGENTS OF THE BUREAU AND ITS ADVISORY COUNCIL.  IF A SPECIAL PROSECU-
TOR  IS  REQUIRED  THEN  SAME SHALL BE SELECTED BY THE NORMAL PROCEDURES
UNDER STATE LAW.

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  7. A. IF A CASE OF ABUSE OR CIVIL  RIGHTS  VIOLATION  IS  REPORTED  OR
ALLEGED  TO THE BUREAU BY ANY PROPRIETARY SCHOOL, OR BY A BUREAU EMPLOY-
EE, THE BUREAU DIRECTOR MUST NOTIFY THE COMMISSIONER FOR FURTHER  INVES-
TIGATION. FURTHER, IN THE EVENT OF HAVING RECEIVED SUCH NOTIFICATION THE
COMMISSIONER  MUST NOTIFY THE ATTORNEY GENERAL OF SUCH COMPLAINT SO THAT
THEY CAN INVESTIGATE THE MATTER JOINTLY.
  B. AT THE CONCLUSION OF SUCH INVESTIGATION, THE  ATTORNEY  GENERAL  OR
APPOINTED  SPECIAL  PROSECUTOR  SHALL  TAKE  THE  APPROPRIATE MEASURE TO
RESOLVE THE MATTER. CIVIL OR CRIMINAL ACTION SHALL  BE  BROUGHT  IN  THE
NAME  OF  THE PEOPLE OF THE STATE OF NEW YORK AND SHALL BE INSTITUTED IN
THE SUPREME COURT FOR THE COUNTY IN  WHICH  THE  CONDUCT  COMPLAINED  OF
OCCURRED  OR  IN THE SUPREME COURT FOR THE COUNTY IN WHICH THE PERSON OR
PERSONS WHOSE CIVIL RIGHTS ARE ALLEGED TO BE  VIOLATED  RESIDE  OR  HAVE
THEIR PRINCIPAL PLACE OF BUSINESS OR IN THE SUPREME COURT FOR THE COUNTY
IN WHICH THE AGGRIEVED PERSON OR PERSONS RESIDE.
  8.  A.  ANY  PROPRIETARY  SCHOOL WHOSE EXERCISE OR ENJOYMENT OF RIGHTS
SECURED BY THE CONSTITUTION OR LAWS OF THE UNITED STATES, OR  OF  RIGHTS
SECURED  BY  THE CONSTITUTION OR LAWS OF THIS STATE, HAS BEEN INTERFERED
WITH, OR ATTEMPTED TO BE INTERFERED WITH, AS  DESCRIBED  IN  SUBDIVISION
SIX  OF THIS SECTION, MAY INSTITUTE AND PROSECUTE IN HIS OR HER OWN NAME
AND ON HIS OR HER OWN BEHALF A CIVIL  ACTION  FOR  INJUNCTIVE  OR  OTHER
APPROPRIATE  LEGAL OR EQUITABLE RELIEF, INCLUDING THE AWARD OF COMPENSA-
TORY AND PUNITIVE MONEY DAMAGES.
  B. ANY STUDENTS AGGRIEVED BY ANY MISCONDUCT OR ALLEGED  VIOLATIONS  OF
THE  SCHOOL SHALL ENJOY A PRIVATE RIGHT OF ACTION SUBJECT TO THE STATUTE
OF LIMITATIONS OF THE CAUSE OF ACTION UNDER WHICH  THE  STUDENTS  PURSUE
REDRESS.
  C.  ANY  SUCH  AGGRIEVED  PERSON,  PERSONS  OR PROPRIETARY SCHOOL, WHO
PREVAILS IN ANY ACTION AUTHORIZED BY THIS SECTION, SHALL BE ENTITLED  TO
AN  AWARD  OF  THE  COSTS OF THE LITIGATION, REASONABLE ATTORNEYS' FEES,
MONIES LOST FOR SAID PERIOD OF CESSATION OF OPERATION, IN AN  AMOUNT  TO
BE  DETERMINED  BY THE COURT. AT THE DISCRETION OF THE RULING COURT SUCH
AWARDS MAY BE SUBJECT TO TREBLE DAMAGES.
  9. IN THE EVENT THAT THE SUBJECT PROPRIETARY SCHOOL  BELIEVES  IT  HAS
BEEN  VICTIMIZED  BY WAY OF AN ONGOING CONSPIRACY, THE SCHOOL MAY MAKE A
REQUEST THAT ITS CASE BE INVESTIGATED  BY  A  SPECIAL  MASTER  FROM  THE
ATTORNEY GENERAL'S OFFICE OR A SPECIAL PROSECUTOR HAVING EXPERIENCE WITH
FEDERAL  RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (18 U.S.C. S
1961-1968) INVESTIGATIONS.
  10. A. ANY PERSON OR AGENCY CONVICTED OF VIOLATING THE  PROVISIONS  OF
THIS SECTION SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRI-
SONED  NOT  MORE  THAN ONE YEAR OR BOTH; IF PERSONAL INJURY RESULTS FROM
SUCH VIOLATION, SUCH PERSON SHALL BE PUNISHED AS PROVIDED SUBJECT TO THE
RELEVANT PENALTIES PROVIDED FOR IN THE PENAL LAW.
  B. PERSONS EMPLOYED BY THE BUREAU AND/OR THE OFFICE OF THE COMMISSION-
ER WHO HAVE BEEN FOUND TO HAVE ACTED WILLFULLY AND WITH  RECKLESS  ABAN-
DONMENT  AND/OR MALEVOLENT INTENT MAY BE SUBJECTED TO PERSONAL LIABILITY
FOR THE DAMAGES INCURRED BY THEIR ACTIONS AND ANY CLAIM THAT  THEY  WERE
ACTING AT THE DIRECTION OF A SUPERIOR OR SUPERVISORY PERSON SHALL NOT BE
A DEFENSE.
  S 3. Subdivision 2 of section 5010 of the education law, as amended by
chapter  381  of the laws of 2012, is amended and a new subdivision 4 is
added to read as follows:
  2. (A) The council shall meet no less than four times a year.  Members
of  the  council  shall  receive  no compensation for their services but
shall be reimbursed for reasonable  expenses  actually  and  necessarily

A. 2820                             6

incurred  by  them  in  the  performance of their duties. Council member
terms of office shall be limited to [three]  TWO  years,  provided  that
members  may  be  reappointed.  All  appointments to the council to fill
vacancies  in  existence  on  the  effective date of [the] chapter THREE
HUNDRED EIGHTY-ONE of the laws of two  thousand  twelve  [which  amended
this  subdivision]  shall  be  made within ninety days of such effective
date.
  (B) THE ADVISORY COUNCIL SHALL ABIDE STRICTLY TO A TWO YEAR TERM LIMIT
OF ITS MEMBERS AND ANY VACANCIES THEREON SHALL BE FILLED WITHIN  FIFTEEN
DAYS AFTER ANY VACANCY OCCURS.
  (C)  ANY  CURRENT  MEMBER  WHO  HAS SERVED OVER TWO YEARS SHALL WITHIN
FIFTEEN DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, RESIGN HIS OR  HER
POSITION.
  4.  (A)  THE ADVISORY COUNCIL SHALL NOT CONVENE AS A LEGISLATION ADVO-
CATE OR OPPONENT ON ANY EXISTING OR PROPOSED  LEGISLATION  NOT  DIRECTLY
AMENDING, REPEALING OR OTHERWISE MODIFYING THIS CHAPTER.
  (B) TO THE EXTENT THAT ANY PROPOSED AMENDMENT OR REPEAL OF ANY SECTION
OF THIS CHAPTER IS INTRODUCED WITHIN THE STATE LEGISLATURE, THE ADVISORY
COUNCIL SHALL, BEFORE TAKING ANY POSITION ON THE BILL, INVITE PROPONENTS
AND  OPPONENTS  TO  PRESENT  THEIR RESPECTIVE POSITIONS TO SUCH ADVISORY
COUNCIL MEMBERS BEFORE THE COUNCIL MAY TAKE ANY AFFIRMATIVE POSITION  ON
THE LEGISLATION ONE WAY OR THE OTHER.
  S  4.  This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the same date and in  the
same  manner  as  section  11  of chapter 381 of the laws of 2012, takes
effect.