Senate Bill S5701

                                 BILL NUMBER:  S5701

 TITLE OF BILL :
An act to amend the education law, in relation to requiring licensure
for instructors in religion, dancing, music, painting, drawing,
sculpture, poetry, dramatic art, languages, reading comprehension,
mathematics, recreation and athletics


 PURPOSE :
To clarify the types of activities exempted from educational licensing
requirements to include instruction of students enrolled in the
exempted activities and the instruction of students for the purpose of
teaching exempted activities.

 SUMMARY OF PROVISIONS :
Section 1 of the bill amends §5001(2) of the Education Law to exempt
from the licensing requirements of §5001(1) schools engaging in the
following types of instruction: 1) students enrolled in the already
exempted subject courses for the purposes of leisure, hobby, or
personal enrichment and 2) students enrolled in the already exempted
subject courses for the purposes of training to teach said subject
areas.

Section 2 of the bill amends §5003(6) of the Education Law to clarify
that the civil penalties and fines of § 5003(6) do not apply to the
              

schools exempted from the licensure process under §5001(2)(f).

 JUSTIFICATION :
Recently the Board of Proprietary Schools released a letter
instructing certain schools to cease student training requiring
licensure as per §5001(1) of the Education Law.  However, §5001 (1) of
the Education Law merely pertains to the licensure of trade, business,
or computer training facilities. The letters were sent to yoga schools
which do not fall under §5001(1) and are exempted from licensure under
Section 5001(2)(f). The yoga schools were also notified that they
would be subject up to a $50,000 penalty fee under §5003(6)(b),
However, §5003(6)(b) also does not apply as the schools that received
the letters are exempt according to Section 5001 (2)(f). The intent of
the Board of Proprietary Schools was to mandate licensure for yoga
schools who are teaching students to become instructors. This is not
only difficult to mandate as anyone can take these untitled classes
for enrichment or vocation, but also carries over into many other
small schools that are currently exempt under Section 5001(2)(f).

These amendments to the relevant sections of the Education Law clarify
these pre-existing exemptions and permit yoga schools and other
schools operating for the purpose of leisure, hobby, or personal
enrichment to continue to function, protecting small businesses across
NY State.

 LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.