Senate Bill S4237A

Signed By Governor
2021-2022 Legislative Session

Prevents institutions from implementing contingencies on the receipt of state funding

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-S4237 - Details

See Assembly Version of this Bill:
A3136
Law Section:
Education Law
Laws Affected:
Amd §665-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S7148, A8838

2021-S4237 - Summary

Prevents institutions from implementing contingencies on the receipt of state funding by preventing the use of language in agreements regarding mandatory arbitration, internal dispute processes, prohibiting class actions and prohibiting the disclosure of any information in the agreement to anyone.

2021-S4237 - Sponsor Memo

2021-S4237 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4237
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  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:
 
   Section  1.  Subdivision  1  of section 665-a of the education law, as
 amended by chapter 681 of the laws  of  1986,  is  amended  to  read  as
 follows:
   1.  Participation agreement. (A) No institution may participate in the
 general, academic or other award  programs  described  in  this  article
 unless  it  shall  have entered into a written agreement with the corpo-
 ration under which it shall be bound to comply with all laws  and  rules
 applicable to such programs.  EACH PARTICIPATION AGREEMENT SHALL INCLUDE
 THE FOLLOWING TERMS AND CONDITIONS:
   (I)  AN  INSTITUTION  SHALL  NOT,  AS A CONDITION OF ANY AWARD OR LOAN
 PURSUANT TO THIS ARTICLE, REQUIRE ANY STUDENT:
   (1) SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY  MATTER  THEREAFTER
 ARISING  UNDER  SUCH  AGREEMENT  PRIOR  TO THE COMMENCEMENT OF ANY LEGAL
 ACTION TO ENFORCE THE PROVISIONS OF SUCH AGREEMENT;
   (2) RESOLVE A COMPLAINT THROUGH AN INTERNAL DISPUTE PROCESS;
   (3) WAIVE ANY RIGHT, FORUM,  OR  PROCEDURE  FOR  A  VIOLATION  OF  ANY
 PROVISION  OF  THIS  CHAPTER,  INCLUDING  THE RIGHT TO FILE AND PURSUE A
 CIVIL ACTION, CLASS ACTION OR A COMPLAINT WITH, OR OTHERWISE NOTIFY, ANY
 STATE AGENCY, OTHER PUBLIC PROSECUTOR, LAW ENFORCEMENT  AGENCY,  OR  ANY
 COURT OR OTHER GOVERNMENTAL ENTITY OF ANY ALLEGED VIOLATION; AND
   (4)  BE PROHIBITED FROM DISCLOSING, DISCUSSING, DESCRIBING OR COMMENT-
 ING UPON THE TERMS OF THE AGREEMENT OR ANY VIOLATION THEREOF.
   (II) AN INSTITUTION SHALL  NOT  THREATEN,  RETALIATE  OR  DISCRIMINATE
 AGAINST  ANY  STUDENT  ELIGIBLE  FOR  SUCH  AWARD OR LOAN BECAUSE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2021-S4237A (ACTIVE) - Details

See Assembly Version of this Bill:
A3136
Law Section:
Education Law
Laws Affected:
Amd §665-a, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S7148, A8838

2021-S4237A (ACTIVE) - Summary

Prevents institutions from implementing contingencies on the receipt of state funding by preventing the use of language in agreements regarding mandatory arbitration, internal dispute processes, prohibiting class actions and prohibiting the disclosure of any information in the agreement to anyone.

2021-S4237A (ACTIVE) - Sponsor Memo

2021-S4237A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4237--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.  Subdivision  1  of section 665-a of the education law, as
 amended by chapter 681 of the laws  of  1986,  is  amended  to  read  as
 follows:
   1.  Participation agreement. (A) No institution may participate in the
 general, academic or other award  programs  described  in  this  article
 unless  it  shall  have entered into a written agreement with the corpo-
 ration under which it shall be bound to comply with all laws  and  rules
 applicable to such programs.  EACH PARTICIPATION AGREEMENT SHALL INCLUDE
 THE FOLLOWING TERMS AND CONDITIONS:
   (I)  AN  INSTITUTION  SHALL  NOT,  AS A CONDITION OF ANY AWARD OR LOAN
 PURSUANT TO THIS ARTICLE, REQUIRE ANY STUDENT:
   (1) SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY  MATTER  THEREAFTER
 ARISING  UNDER  SUCH  AGREEMENT  PRIOR  TO THE COMMENCEMENT OF ANY LEGAL
 ACTION TO ENFORCE THE PROVISIONS OF SUCH AGREEMENT;
   (2) RESOLVE A COMPLAINT RELATING TO  ANY  AWARD  OR  LOAN  THROUGH  AN
 INTERNAL DISPUTE PROCESS;
   (3)  WAIVE  ANY  RIGHT,  FORUM,  OR  PROCEDURE  FOR A VIOLATION OF ANY
 PROVISION OF THIS CHAPTER, INCLUDING THE RIGHT  TO  FILE  AND  PURSUE  A
 CIVIL ACTION, CLASS ACTION OR A COMPLAINT WITH, OR OTHERWISE NOTIFY, ANY
 STATE  AGENCY,  OTHER  PUBLIC PROSECUTOR, LAW ENFORCEMENT AGENCY, OR ANY
 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
              

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