senate Bill S6383

Enacts the student athlete bill of rights

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 21 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Enacts the student athlete bill of rights.

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Bill Details

See Assembly Version of this Bill:
A8219
Versions:
S6383
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยง679-f, Ed L

Sponsor Memo

BILL NUMBER:S6383

TITLE OF BILL: An act to amend the education law, in relation to
enacting the student athlete bill of rights; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

This bill seeks to codify the protections that student athletes should
receive from the colleges and universities that they play for, within,
and outside of the context of formally engaging in collegiate sports.
These protections include adequate health care, and extended coverage
for catastrophic injuries suffered while under the purview of an
institution.

Furthermore if an athletic program does not renew an athletic
scholarship of a student athlete who suffers an incapacitating injury
or illness resulting from his or her participation in the athletic
program, the institution of higher education shall provide an
equivalent scholarship.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes how the bill shall be known and cited, Section 2
outlines legislature including educational needs, institutions'
revenues, students' revenues, adequate health, medical expenses, due
process protection, gender equity requirements, transferring, and
usage of funds, Section 3 describes amendments to the new section
679-f. Section 4 discusses appeal eligibility with section 5 depicting
request for transfer and section 6 outlining insurance. Section 7
depicts bill outlines and section 8 describes applicability.

JUSTIFICATION:

New York's institutions of higher education that participate in
Division I and Division II intercollegiate athletics collectively
generate millions of dollars annually in media contracts, and this
revenue would not exist without the efforts of student athletes.
Student athletes generate large revenues for many athletic programs,
spend approximately forty hours per week participating in their
respective sports, and suffer current and historically low graduation
rates. Providing adequate health and safety protection for student
athletes can help prevent serious injury and death.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately and shell expire and be deemed
repealed on June 30, 2024.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6383

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to enacting  the  student
  athlete  bill  of  rights;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section  1.  This  act shall be known and may be cited as the "student
athlete bill of rights".
  S 2. The Legislature finds and declares the following:
  1. Meeting the educational needs  of  student  athletes  should  be  a
priority for intercollegiate athletic programs.
  2.  New  York's  institutions  of higher education that participate in
Division I and Division II intercollegiate athletics collectively gener-
ate millions of dollars annually in media contracts,  and  this  revenue
would not exist without the efforts of student athletes.
  3.   Student  athletes  generate  large  revenues  for  many  athletic
programs, spend approximately forty  hours  per  week  participating  in
their  respective sports, and suffer current and historically low gradu-
ation rates.
  4.  Providing  adequate  health  and  safety  protection  for  student
athletes can help prevent serious injury and death.
  5.  Current and former student athletes can be left to pay for medical
expenses incurred from injuries suffered while participating  in  inter-
collegiate athletics.
  6.  Institutions  of  higher  education  should  provide their student
athletes with the same due process protection afforded to  students  who
do not participate in athletics.
  7. Athletic programs in this state are subject to federal gender equi-
ty  requirements  under Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.).
  8. An institution of higher education should not  punish  any  student
athlete for transferring to another institution of higher education.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11713-01-3

S. 6383                             2

  9.  An  institution  of  higher  education  should  not  use funds for
purposes of this part that are dedicated for the benefit of the  general
student body.
  S  3.  The  education  law is amended by adding a new section 679-f to
read as follows:
  S 679-F. COLLEGIATE ATHLETIC SCHOLARSHIP. 1. DEFINITIONS. AS  USED  IN
THIS SECTION:
  (A)  "ATHLETIC ASSOCIATION" MEANS ANY ORGANIZATION THAT IS RESPONSIBLE
FOR GOVERNING INTERCOLLEGIATE ATHLETIC PROGRAMS.
  (B) "ATHLETIC PROGRAM" MEANS AN INTERCOLLEGIATE  ATHLETIC  PROGRAM  AT
ANY  INSTITUTION OF HIGHER EDUCATION WITHIN THE MEANING OF PARAGRAPH (D)
OF THIS SUBDIVISION.
  (C) "GRADUATION SUCCESS RATE" MEANS THE PERCENTAGE OF STUDENT ATHLETES
WHO GRADUATE FROM THAT INSTITUTION OF HIGHER EDUCATION WITHIN SIX  YEARS
OF  THEIR  INITIAL  ENROLLMENT,  EXCLUDING  OUTGOING  TRANSFERS  IN GOOD
ACADEMIC STANDING WITH ATHLETIC  ELIGIBILITY  REMAINING,  AND  INCLUDING
INCOMING  TRANSFERS. THE RATE IS TO BE CALCULATED BY COMBINING THE RATES
OF THE FOUR MOST RECENT CLASSES THAT ARE AVAILABLE IN THE  EXACT  MANNER
AS THE RATE IS CALCULATED UNDER NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
RULES.
  (D)  "INSTITUTION  OF  HIGHER EDUCATION" MEANS ANY CAMPUS OF THE STATE
UNIVERSITY OF NEW YORK, THE  CITY  UNIVERSITY  OF  NEW  YORK,  COMMUNITY
COLLEGES  AS  DEFINED IN SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER
AND ANY FOUR-YEAR PRIVATE UNIVERSITY LOCATED IN NEW YORK, THAT MAINTAINS
AN INTERCOLLEGIATE ATHLETIC PROGRAM.
  (E) "MEDIA RIGHTS" MEANS THE RIGHTS TO MEDIA COVERAGE OF INTERCOLLEGI-
ATE ATHLETICS INCLUDED IN CONTRACTS THAT ARE ENTERED INTO BY INTERCOLLE-
GIATE ATHLETIC CONFERENCES AND TELEVISION  NETWORKS  AND  THAT  GENERATE
MONETARY PAYMENTS TO INDIVIDUAL INSTITUTIONS OF HIGHER EDUCATION.
  (F) "STUDENT ATHLETE" MEANS ANY COLLEGE STUDENT WHO PARTICIPATES IN AN
INTERCOLLEGIATE  ATHLETIC PROGRAM OF AN INSTITUTION OF HIGHER EDUCATION,
AND INCLUDES STUDENT ATHLETES WHO PARTICIPATE IN  BASKETBALL,  FOOTBALL,
AND OTHER INTERCOLLEGIATE SPORTS.
  2.  SCHOLARSHIP.  COMMENCING WITH THE TWO THOUSAND FOURTEEN--TWO THOU-
SAND FIFTEEN ACADEMIC YEAR, AN ATHLETIC PROGRAM SHALL COMPLY WITH ALL OF
THE FOLLOWING:
  (A) (1) IF AN ATHLETIC PROGRAM DOES NOT RENEW AN ATHLETIC  SCHOLARSHIP
OF  A  STUDENT  ATHLETE  WHO SUFFERS AN INCAPACITATING INJURY OR ILLNESS
RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLETIC PROGRAM, AND THE
INSTITUTION OF HIGHER EDUCATION'S MEDICAL STAFF DETERMINES  THAT  HE  OR
SHE IS MEDICALLY INELIGIBLE TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS,
THE INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE AN EQUIVALENT SCHOLAR-
SHIP  THAT,  COMBINED  WITH  THE TOTAL DURATION OF ANY PREVIOUS ATHLETIC
SCHOLARSHIP OR SCHOLARSHIPS RECEIVED BY THE  STUDENT  ATHLETE,  WILL  BE
PROVIDED  FOR  A TOTAL OF UP TO FIVE ACADEMIC YEARS OR UNTIL THE STUDENT
ATHLETE COMPLETES HIS OR HER UNDERGRADUATE DEGREE, WHICHEVER  PERIOD  IS
SHORTER.  ADDITIONAL  YEARS  MAY  BE  PROVIDED  AT THE DISCRETION OF THE
INSTITUTION OF HIGHER EDUCATION.
  (2) IF A STUDENT ATHLETE TAKES A TEMPORARY LEAVE OF  ABSENCE  FROM  AN
INSTITUTION  OF  HIGHER EDUCATION, THE DURATION OF THAT LEAVE OF ABSENCE
SHALL NOT COUNT AGAINST THE FIVE-YEAR LIMIT ON ELIGIBILITY FOR AN EQUIV-
ALENT SCHOLARSHIP AS PROVIDED IN PARAGRAPH ONE OF THIS SUBDIVISION.
  (3) AN ATHLETIC PROGRAM SHALL PROVIDE AN EQUIVALENT SCHOLARSHIP  TO  A
STUDENT ATHLETE WHO WAS ON AN ATHLETIC SCHOLARSHIP AND IS IN GOOD STAND-
ING,  BUT  HAS  EXHAUSTED HIS OR HER ATHLETIC ELIGIBILITY, FOR UP TO ONE
YEAR OR UNTIL THE STUDENT ATHLETE COMPLETES HIS OR  HER  PRIMARY  UNDER-

S. 6383                             3

GRADUATE  DEGREE,  WHICHEVER  IS  SHORTER;  PROVIDED,  HOWEVER,  THAT AN
ATHLETIC PROGRAM WITH A GRADUATION SUCCESS  RATE  THAT  IS  ABOVE  SIXTY
PERCENT, DISAGGREGATED BY TEAM, SHALL NOT BE SUBJECT TO THE REQUIREMENTS
OF THIS PARAGRAPH.
  (4)  A  STUDENT  ATHLETE WHOSE ATHLETIC SCHOLARSHIP IS NOT RENEWED FOR
CAUSE BY AN ATHLETIC PROGRAM SHALL RECEIVE NO BENEFITS UNDER THIS  PART,
BUT  MAY APPEAL THIS DECISION WITHIN THE INSTITUTION OF HIGHER EDUCATION
ATTENDED BY THE STUDENT OR WITHIN THE ATHLETIC CONFERENCE OR ASSOCIATION
OF WHICH THAT INSTITUTION OF HIGHER EDUCATION IS A MEMBER, AS  APPROPRI-
ATE.
  3.  FINANCIAL  AND LIFE SKILLS COUNSELING. EACH ATHLETIC PROGRAM SHALL
CONDUCT A FINANCIAL AND LIFE SKILLS WORKSHOP FOR ALL OF  ITS  FIRST-YEAR
AND  THIRD-YEAR  STUDENT ATHLETES AT THE BEGINNING OF THE ACADEMIC YEAR.
THIS WORKSHOP SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION CONCERN-
ING FINANCIAL AID, DEBT MANAGEMENT, AND A RECOMMENDED BUDGET  FOR  FULL-
AND  PARTIAL-SCHOLARSHIP STUDENT ATHLETES LIVING ON OR OFF CAMPUS DURING
THE ACADEMIC YEAR AND THE SUMMER TERM  BASED  ON  THE  CURRENT  ACADEMIC
YEAR'S  COST  OF ATTENDANCE. THE WORKSHOP SHALL ALSO INCLUDE INFORMATION
ON TIME MANAGEMENT SKILLS NECESSARY FOR SUCCESS AS  A  STUDENT  ATHLETE,
AND ACADEMIC RESOURCES AVAILABLE ON CAMPUS.
  4.  DISCIPLINARY  ACTIONS.  AN  INSTITUTION  OF HIGHER EDUCATION SHALL
GRANT A STUDENT ATHLETE THE SAME RIGHTS AS OTHER STUDENTS WITH REGARD TO
ANY AND ALL MATTERS RELATED TO POSSIBLE ADVERSE OR DISCIPLINARY ACTIONS,
INCLUDING, BUT NOT NECESSARILY LIMITED  TO,  ACTIONS  INVOLVING  ATHLET-
ICALLY RELATED FINANCIAL AID.
  5.  REQUEST  FOR  TRANSFER.  AN  ATHLETIC PROGRAM SHALL RESPOND WITHIN
SEVEN BUSINESS DAYS WITH  AN  ANSWER  TO  A  STUDENT  ATHLETE'S  WRITTEN
REQUEST TO TRANSFER TO ANOTHER INSTITUTION OF HIGHER EDUCATION.
  6.  INSURANCE.  (A)  UNLESS  A STUDENT ATHLETE DECLINES THE PAYMENT OF
PREMIUMS, AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE PREMI-
UMS OF EACH STUDENT ATHLETE WHOSE HOUSEHOLD  HAS  AN  INCOME  AND  ASSET
LEVEL  THAT DOES NOT EXCEED THE FEDERAL POVERTY LEVEL, AS ADJUSTED ANNU-
ALLY, FOR INSURANCE COVERING CLAIMS RESULTING FROM THE STUDENT ATHLETE'S
PARTICIPATION IN THE ATHLETIC PROGRAM.
  (B) AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE  INSURANCE
DEDUCTIBLE  AMOUNT  APPLICABLE  TO  THE CLAIM OF ANY STUDENT ATHLETE WHO
SUFFERS AN INJURY RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLET-
IC PROGRAM AND MAKES A CLAIM RELATING TO THAT INJURY.
  (C) IF A STUDENT ATHLETE SUFFERS AN INJURY RESULTING FROM HIS  OR  HER
PARTICIPATION  IN  THE  ATHLETIC  PROGRAM  THAT REQUIRES ONGOING MEDICAL
TREATMENT, THE ATHLETIC PROGRAM SHALL PROVIDE,  FOR  A  MINIMUM  OF  TWO
YEARS  FOLLOWING THE STUDENT ATHLETE'S GRADUATION OR SEPARATION FROM THE
INSTITUTION OF HIGHER EDUCATION, ONE OF THE FOLLOWING:
  (1) ALL MEDICAL TREATMENT  NECESSARY  FOR  TREATMENT  OF  THE  STUDENT
ATHLETE'S INJURY OR CONDITION; OR
  (2)  HEALTH  INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE COVERAGE FOR
ALL MEDICAL TREATMENT NECESSARY FOR TREATMENT OF THE  STUDENT  ATHLETE'S
INJURY OR CONDITION, TOGETHER WITH ALL RESULTING DEDUCTIBLE AMOUNTS.
  (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PRE-EXISTING
MEDICAL  CONDITIONS THAT PRE-DATE THE STUDENT ATHLETE'S PARTICIPATION IN
THE ATHLETIC PROGRAM.
  7. GUIDELINES. AN ATHLETIC PROGRAM SHALL ADOPT  AND  IMPLEMENT  GUIDE-
LINES TO PREVENT, ASSESS, AND TREAT SPORTS-RELATED CONCUSSIONS AND DEHY-
DRATION.    IN  ADDITION,  AN ATHLETIC PROGRAM SHALL ADOPT AND IMPLEMENT
EXERCISE AND SUPERVISION GUIDELINES FOR ANY STUDENT  ATHLETE  IDENTIFIED

S. 6383                             4

WITH  POTENTIALLY LIFE-THREATENING HEALTH CONDITIONS WHO PARTICIPATES IN
AN ATHLETIC PROGRAM.
  8.  APPLICABILITY.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES, AS AN AVERAGE, LESS
THAN TEN MILLION DOLLARS IN ANNUAL INCOME DERIVED FROM MEDIA RIGHTS  FOR
INTERCOLLEGIATE ATHLETICS.
  (B)  AN  INSTITUTION  OF HIGHER EDUCATION SUBJECT TO THE PROVISIONS OF
THIS SECTION SHALL RELY EXCLUSIVELY ON REVENUE DERIVED FROM MEDIA RIGHTS
FOR INTERCOLLEGIATE ATHLETICS TO DEFRAY ANY  COSTS  ACCRUED  UNDER  THIS
SECTION.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed on June 30, 2024.

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