Do you support this bill?

Assembly Bill A3578A

2009-2010 Legislative Session

Relates to the admission of persons with criminal records to institutions of higher education

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

2009-A3578 - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §313, Ed L

2009-A3578 - Summary

Establishes it shall be an unfair educational practice to exclude or discriminate against any person seeking admission to an educational institution by reason of his or her having been convicted of one or more criminal offenses or by reason of a finding of a lack of "good moral character".

2009-A3578 - Bill Text download pdf 

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

                                  3578

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. AUBRY, COOK, GREENE, PERALTA, TITUS, WRIGHT --
  Multi-Sponsored by -- M. of A. ORTIZ,  ROBINSON,  WEISENBERG  --  read
  once and referred to the Committee on Higher Education

AN  ACT  to  amend  the  education  law, in relation to the admission of
  persons with criminal records to institutions of higher education

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

  Section  1.  Subdivision  3  of  section  313  of the education law is
amended by adding two new paragraphs (f) and (g) to read as follows:
  (F) NOTWITHSTANDING PARAGRAPH (E) OF THIS SUBDIVISION, IT SHALL BE  AN
UNFAIR  EDUCATIONAL  PRACTICE TO EXCLUDE OR LIMIT OR OTHERWISE DISCRIMI-
NATE AGAINST ANY PERSON SEEKING ADMISSION AS A STUDENT TO AN EDUCATIONAL
INSTITUTION OR TO ANY EDUCATIONAL PROGRAM OR COURSE OPERATED OR PROVIDED
BY SUCH INSTITUTION BY REASON OF HIS OR HER HAVING BEEN CONVICTED OF ONE
OR MORE CRIMINAL OFFENSES, OR BY REASON OF A FINDING OF A LACK OF  "GOOD
MORAL CHARACTER" WHICH IS BASED UPON HIS OR HER HAVING BEEN CONVICTED OF
ONE  OR  MORE CRIMINAL OFFENSES, WHEN SUCH DENIAL IS IN VIOLATION OF THE
PROVISIONS OF ARTICLE TWENTY-THREE-A  OF  THE  CORRECTION  LAW  AS  SUCH
PROVISIONS WOULD BE APPLICABLE TO AN EMPLOYER AND ARE HEREBY MADE APPLI-
CABLE TO EDUCATIONAL INSTITUTIONS.
  (G)  NOTWITHSTANDING PARAGRAPH (E) OF THIS SUBDIVISION, IT SHALL BE AN
UNFAIR EDUCATIONAL PRACTICE FOR AN EDUCATIONAL INSTITUTION TO  MAKE  ANY
INQUIRY  ABOUT,  WHETHER  IN ANY FORM OF APPLICATION OR OTHERWISE, OR TO
ACT UPON ADVERSELY TO THE PERSON INVOLVED, ANY ARREST OR CRIMINAL  ACCU-
SATION  OF  SUCH  PERSON,  NOT THEN PENDING AGAINST SUCH PERSON THAT WAS
FOLLOWED BY A TERMINATION OF THE CRIMINAL ACTION OR PROCEEDING IN  FAVOR
OF SUCH PERSON, AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THE
CRIMINAL  PROCEDURE  LAW,  IN CONNECTION WITH THE ADMISSION TO AN EDUCA-
TIONAL INSTITUTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04388-01-9

2009-A3578A (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §313, Ed L

2009-A3578A (ACTIVE) - Summary

Establishes it shall be an unfair educational practice to exclude or discriminate against any person seeking admission to an educational institution by reason of his or her having been convicted of one or more criminal offenses or by reason of a finding of a lack of "good moral character".

2009-A3578A (ACTIVE) - Sponsor Memo

2009-A3578A (ACTIVE) - Bill Text download pdf 

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

                                 3578--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. AUBRY, COOK, TITUS, WRIGHT -- Multi-Sponsored by
  -- M. of A.  ORTIZ, ROBINSON, WEISENBERG -- 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 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  the  education  law, in relation to the admission of
  persons with criminal records to institutions of higher education

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

  Section  1.  Subdivision  3  of  section  313  of the education law is
amended by adding two new paragraphs (f) and (g) to read as follows:
  (F) NOTWITHSTANDING PARAGRAPH (E) OF THIS SUBDIVISION, IT SHALL BE  AN
UNFAIR  EDUCATIONAL  PRACTICE TO EXCLUDE OR LIMIT OR OTHERWISE DISCRIMI-
NATE AGAINST ANY PERSON SEEKING ADMISSION AS A STUDENT TO AN EDUCATIONAL
INSTITUTION OR TO ANY EDUCATIONAL PROGRAM OR COURSE OPERATED OR PROVIDED
BY SUCH INSTITUTION BY REASON OF HIS OR HER HAVING BEEN CONVICTED OF ONE
OR MORE CRIMINAL OFFENSES, OR BY REASON OF A FINDING OF A LACK OF  "GOOD
MORAL CHARACTER" WHICH IS BASED UPON HIS OR HER HAVING BEEN CONVICTED OF
ONE  OR  MORE CRIMINAL OFFENSES, WHEN SUCH DENIAL IS IN VIOLATION OF THE
PROVISIONS OF ARTICLE TWENTY-THREE-A  OF  THE  CORRECTION  LAW  AS  SUCH
PROVISIONS WOULD BE APPLICABLE TO AN EMPLOYER AND ARE HEREBY MADE APPLI-
CABLE TO EDUCATIONAL INSTITUTIONS.
  (G)  NOTWITHSTANDING PARAGRAPH (E) OF THIS SUBDIVISION, IT SHALL BE AN
UNFAIR EDUCATIONAL PRACTICE FOR AN EDUCATIONAL INSTITUTION TO  MAKE  ANY
INQUIRY  ABOUT,  WHETHER  IN ANY FORM OF APPLICATION OR OTHERWISE, OR TO
ACT UPON ADVERSELY TO THE PERSON INVOLVED, ANY ARREST OR CRIMINAL  ACCU-
SATION  OF  SUCH  PERSON,  NOT THEN PENDING AGAINST SUCH PERSON THAT WAS
FOLLOWED BY A TERMINATION OF THE CRIMINAL ACTION OR PROCEEDING IN  FAVOR
OF SUCH PERSON, AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THE
CRIMINAL  PROCEDURE  LAW  OR  BY  A  YOUTHFUL  OFFENDER ADJUDICATION, AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04388-02-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.