Senate Bill S1768

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

                                  1768

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- 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 the university of  the
  state  of  New  York;  and  to repeal section 224 of such law relating
  thereto

  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 as the "integrity of higher educa-
tion degrees, and education consumer protection act of 2009".
  S 2. Section 224 of the education law is REPEALED and  a  new  section
224 is added to read as follows:
  S 224. PROHIBITIONS. 1. DEFINITIONS. FOR THE PURPOSE OF THIS SECTION:
  (A) "AUTHORIZED INSTITUTION" MEANS
  (I)  ANY  INDIVIDUAL,  ASSOCIATION,  PARTNERSHIP, CORPORATION OR OTHER
ENTITY WHICH HOLDS COLLEGE, UNIVERSITY, OR OTHER DEGREE  GRANTING  POWER
BY  SPECIAL  CHARTER FROM THE LEGISLATURE OF THIS STATE, OR THE REGENTS,
OR
  (II) ANY INDIVIDUAL, ASSOCIATION, PARTNERSHIP,  CORPORATION  OR  OTHER
ENTITY  WHICH IS LOCATED WITHOUT THE STATE, MAINTAINS NO PRESENCE WITHIN
THIS STATE, AS DETERMINED BY THE DEPARTMENT, AND  IS  ACCREDITED  BY  AT
LEAST ONE ACCREDITING COMMISSION RECOGNIZED BY THE UNITED STATES DEPART-
MENT  OF  EDUCATION  AS A RELIABLE AUTHORITY FOR THE PURPOSE OF ACCREDI-
TATION AT THE POST SECONDARY LEVEL, OR
  (III) ANY INDIVIDUAL, ASSOCIATION, PARTNERSHIP, CORPORATION  OR  OTHER
ENTITY  WHICH  IS LOCATED WITHOUT THE UNITED STATES AND, AT THE DETERMI-
NATION OF THE DEPARTMENT MEETS THE MINIMAL STANDARDS OF  AN  ACCREDITING
COMMISSION  RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AS A
RELIABLE AUTHORITY FOR THE PURPOSE OF ACCREDITATION AT THE POST  SECOND-
ARY LEVEL.
  (B)  "AUTHORIZED PROGRAM" MEANS ANY SERIES OF ACADEMIC COURSES, OR ANY
ACADEMIC PROGRAM WHICH LEADS TO A DEGREE WHEN SUCH PROGRAM IS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07955-01-9
              

S. 1768                             2

  (I) APPROVED BY THE DEPARTMENT OR THE REGENTS FOR SUCH PURPOSE, OR
  (II)  OFFERED  BY OR THROUGH AN INSTITUTION LOCATED WITHOUT THE STATE,
AND MAINTAINS NO PRESENCE WITHIN THE STATE, AS DETERMINED BY THE DEPART-
MENT, AND IS CONDUCTED AND COMPLETED WHOLLY WITHOUT THE STATE,  AND  THE
PROGRAM  IS ACCREDITED BY AT LEAST ONE ACCREDITING COMMISSION RECOGNIZED
BY THE UNITED STATES DEPARTMENT OF EDUCATION AS A RELIABLE AUTHORITY FOR
THE PURPOSE OF ACCREDITATION AT THE POST SECONDARY LEVEL, OR
  (III) OFFERED BY AN INSTITUTION LOCATED WITHOUT THE UNITED STATES  AND
THE  PROGRAM,  AT  THE DETERMINATION OF THE DEPARTMENT MEETS THE MINIMAL
STANDARDS OF AN ACCREDITING COMMISSION RECOGNIZED BY THE  UNITED  STATES
DEPARTMENT  OF  EDUCATION  AS  A  RELIABLE  AUTHORITY FOR THE PURPOSE OF
ACCREDITATION AT THE POST SECONDARY LEVEL.
  (C) "AUTHORIZED DEGREE" MEANS AN ACADEMIC DEGREE WHICH IS:
  (I) ISSUED OR CONFERRED BY AN AUTHORIZED INSTITUTION, OR
  (II) ISSUED OR CONFERRED UPON COMPLETION OF,  AND  IN  RECOGNITION  OF
SUCH COMPLETION, AN AUTHORIZED PROGRAM, OR
  (III)  AUTHORIZED  BY  THE  DEPARTMENT  UPON  A DETERMINATION THAT THE
INSTITUTION WHICH CONFERRED THE DEGREE, OR THE PROGRAM WHICH LEAD TO THE
DEGREE MEETS THE ACADEMIC STANDARDS OF THIS STATE, OR OF AN  ACCREDITING
COMMISSION  RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AS A
RELIABLE AUTHORITY FOR THE PURPOSE OF ACCREDITATION AT THE POST  SECOND-
ARY LEVEL.
  2. NO INDIVIDUAL, ASSOCIATION, PARTNERSHIP, CORPORATION OR OTHER ENTI-
TY  SHALL, IN THIS STATE, CONFER ANY DEGREE OR USE, ADVERTISE, OR TRANS-
ACT BUSINESS UNDER THE NAMED UNIVERSITY OR COLLEGE, OR USING  ANY  OTHER
TITLE  OR  DESCRIPTIVE  MATERIAL  INDICATING OR TENDING TO INDICATE THAT
SUCH INDIVIDUAL, ASSOCIATION, PARTNERSHIP, CORPORATION OR  OTHER  ENTITY
CONDUCTS,  CARRIES ON, OR IS A SCHOOL OF LAW, MEDICINE, DENTISTRY, PHAR-
MACY, VETERINARY MEDICINE, NURSING, OPTOMETRY,  PODIATRY,  ARCHITECTURE,
ENGINEERING,  EDUCATION,  PSYCHOLOGY,  OR  CHIROPRACTIC  UNLESS IT IS AN
AUTHORIZED INSTITUTION, OR ALL PROGRAMS OFFERED OR  ADVERTISED  IN  THIS
STATE  ARE  AUTHORIZED PROGRAMS. THE FIRST VIOLATION OF THIS SUBDIVISION
IS A MISDEMEANOR, ANY SUBSEQUENT VIOLATION IS A FELONY.
  3. NO INSTITUTION SHALL ADVERTISE ANY DEGREE OR ACADEMIC PROGRAM LEAD-
ING TO A DEGREE IN THIS STATE, OR SOLICIT STUDENTS IN THIS STATE  UNLESS
IT  IS  AN AUTHORIZED INSTITUTION OR ALL PROGRAMS OFFERED ARE AUTHORIZED
PROGRAMS. THE FIRST VIOLATION OF THIS SUBDIVISION IS A MISDEMEANOR,  ANY
SUBSEQUENT  VIOLATION  IS  A  FELONY. PROVIDED HOWEVER, ANY NEWSPAPER OR
OTHER ADVERTISING MEDIUM WHICH  CARRIES  SUCH  ADVERTISEMENTS  SHALL  BE
EXEMPT FROM THIS SUBDIVISION.
  4.  NO  PERSON  WITH  INTENT  TO  DECEIVE,  SHALL REPRESENT HIMSELF OR
HERSELF TO HAVE RECEIVED ANY DEGREE UNLESS HE OR  SHE  HAS  RECEIVED  AN
AUTHORIZED  DEGREE.  NEITHER  SHALL ANY PERSON APPEND TO HIS OR HER NAME
ANY LETTERS IN THE SAME FORM REGISTERED TO THE REGENTS  AS  ENTITLED  TO
THE  PROTECTION  ACCORDED  TO  UNIVERSITY DEGREES UNLESS HE OR SHE SHALL
HAVE RECEIVED AN AUTHORIZED DEGREE.  THE FIRST VIOLATION OF THIS  SUBDI-
VISION IS A MISDEMEANOR, ANY SUBSEQUENT VIOLATION IS A FELONY.
  5.  IT SHALL BE A DEFENSE TO ANY CHARGE BROUGHT UNDER SUBDIVISION FOUR
OF THIS SECTION THAT THE PERSON REPRESENTING HIMSELF OR HERSELF TO  HOLD
SUCH  DEGREE  DID SO BASED ON A GOOD FAITH BELIEF THAT HIS OR HER DEGREE
WAS AN AUTHORIZED DEGREE, WAS CONFERRED BY AN AUTHORIZED INSTITUTION  OR
UPON COMPLETION OF AN AUTHORIZED PROGRAM.
  6. NO PERSON, ASSOCIATION, PARTNERSHIP, CORPORATION, OR ENTITY GOVERN-
MENTAL OR PRIVATE, SHALL BE REQUIRED TO ACCEPT A DEGREE FOR ANY PURPOSE,
EXCEPTING THAT SUCH DEGREE BE AN AUTHORIZED DEGREE.

S. 1768                             3

  7.  COUNTERFEITING  OR  FALSELY  MAKING OR WITHOUT AUTHORITY MAKING OR
ALTERING IN ANY MATERIAL RESPECT ANY  DIPLOMA  OR  CERTIFICATE,  OR  ANY
RECORD  OF  POST  SECONDARY ACADEMIC PERFORMANCE OR ACADEMIC TRANSCRIPT,
ISSUED UNDER SEAL SHALL BE A FELONY.
  8.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION TWO, THREE, FOUR OR
SIX OF THIS SECTION, THE DEPARTMENT, BOARDS OF EDUCATION, SCHOOL AUTHOR-
ITIES, OR AUTHORIZED  SCHOOLS  SHALL  NOT  BE  REQUIRED  TO  ACCEPT  FOR
PURPOSES  OF  CERTIFICATION,  RECERTIFICATION,  LICENSURE,  APPOINTMENT,
PROMOTIONAL INCREMENT, OR SALARY DIFFERENTIAL FOR  PEDAGOGIC  PERSONNEL,
ANY  DIPLOMA, DEGREE OR COURSE CREDIT FROM A UNIVERSITY, COLLEGE, ACADE-
MY, SCHOOL OR OTHER INSTITUTION OF LEARNING LOCATED OUTSIDE OF THE STATE
OF NEW YORK IF SUCH DIPLOMA, DEGREE, OR COURSE CREDIT WAS GRANTED  WITH-
OUT  THE REQUIREMENT OF ON-CAMPUS ATTENDANCE AND IF SUCH INSTRUCTION AND
TESTING WAS TRANSACTED PRIMARILY BY CORRESPONDENCE.  ANY  PERSON  MAKING
APPLICATION  FOR CERTIFICATION, RECERTIFICATION, LICENSURE, APPOINTMENT,
PROMOTIONAL INCREMENT OR SALARY DIFFERENTIAL  MAY  BE  REQUIRED  BY  THE
COMMISSIONER,  OR BY BOARDS OF EDUCATION, SCHOOL AUTHORITIES, OR AUTHOR-
IZED SCHOOL OFFICERS TO SUBMIT A SIGNED STATEMENT OR AFFIDAVIT  AS  PART
OF  SUCH  APPLICATION  TO  IDENTIFY ANY DIPLOMA, DEGREE OR COURSE CREDIT
WHICH WAS GRANTED BY A UNIVERSITY, COLLEGE,  ACADEMY,  SCHOOL  OR  OTHER
INSTITUTION  OF  LEARNING  LOCATED OUTSIDE OF THE STATE IF SUCH DIPLOMA,
DEGREE, OR COURSE CREDIT WAS GRANTED WITHOUT THE REQUIREMENT OF  ON-CAM-
PUS ATTENDANCE AND IF SUCH INSTRUCTION AND TESTING WAS TRANSACTED PRIMA-
RILY BY CORRESPONDENCE. A WILLFUL AND WRONGFUL MISREPRESENTATION ON SUCH
APPLICATION  SHALL CONSTITUTE GROUNDS FOR DISCIPLINARY ACTION IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS CHAPTER, THE RULES OF THE REGENTS,  THE
REGULATIONS OF THE COMMISSIONER, OR THE BY-LAWS, RULES OR REGULATIONS OF
SUCH  SCHOOL  AUTHORITIES.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO ANY DIPLOMA, DEGREE OR COURSE CREDIT  EARNED  BEFORE  SEPTEMBER
FIRST, NINETEEN HUNDRED EIGHTY-SEVEN.
  9.  THE  REGENTS  SHALL  PROMULGATE  ANY NECESSARY REGULATIONS FOR THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION.
  S 3. The education law is amended by adding a new section 115 to  read
as follows:
  S 115. AUTHORIZED INSTITUTIONS AND DEGREES. THE DEPARTMENT SHALL:
  1.  MAINTAIN A LIST, AVAILABLE TO THE PUBLIC, OF ALL AUTHORIZED INSTI-
TUTIONS AND PROGRAMS AS PROVIDED FOR IN SECTION TWO HUNDRED  TWENTY-FOUR
OF  THIS  TITLE, PROVIDED HOWEVER, THAT THE DEPARTMENT MAY ELECT TO LIST
ONLY THOSE INSTITUTIONS  AND  PROGRAMS  WHICH  ARE  AUTHORIZED  BUT  NOT
ACCREDITED  BY  AT  LEAST  ONE  ACCREDITING COMMISSION RECOGNIZED BY THE
UNITED STATES DEPARTMENT OF EDUCATION AS A RELIABLE  AUTHORITY  FOR  THE
PURPOSE OF ACCREDITATION AT THE POST SECONDARY LEVEL. SUCH LIST SHALL BE
MADE AVAILABLE AT ALL TIMES TO THE PUBLIC ON THE INTERNET.
  2.  FOR ALL COLLEGES, UNIVERSITIES, INSTITUTIONS, INDIVIDUALS, ASSOCI-
ATIONS, PARTNERSHIPS, OR OTHER ENTITIES WHICH ARE FOUND TO BE LOCATED IN
THIS STATE, SOLICITING STUDENTS IN THIS STATE, OR ADVERTISING DEGREES OR
POST SECONDARY ACADEMIC PROGRAMS IN THIS STATE THE DEPARTMENT SHALL MAKE
A DETERMINATION AS TO  WHETHER  THE  COLLEGE,  UNIVERSITY,  INSTITUTION,
INDIVIDUAL,  ASSOCIATION,  PARTNERSHIP, OR OTHER ENTITY IS AN AUTHORIZED
INSTITUTION.
  3. MAINTAIN A LIST, AVAILABLE TO THE PUBLIC, OF ALL KNOWN INSTITUTIONS
THAT ARE OR HAVE BEEN LOCATED IN THIS STATE, SOLICITING STUDENTS IN THIS
STATE, OR ADVERTISING DEGREES OR POST  SECONDARY  ACADEMIC  PROGRAMS  IN
THIS STATE AND ARE NOT AUTHORIZED IN ACCORDANCE WITH SECTION TWO HUNDRED
TWENTY-FOUR  OF  THIS  TITLE.  THIS  LIST SHALL BE MADE AVAILABLE TO THE
PUBLIC AT ALL TIMES ON THE INTERNET.

S. 1768                             4

  4. MAINTAIN A LIST, AVAILABLE TO THE PUBLIC OF ALL DEGREES  WHICH  ARE
AUTHORIZED  PURSUANT  TO  SECTION TWO HUNDRED TWENTY-FOUR OF THIS TITLE,
PROVIDED HOWEVER, THAT  FOR  COLLEGES  LOCATED  WITHOUT  THE  STATE  THE
DEPARTMENT  MAY  ELECT  TO  LIST  ONLY THOSE DEGREES CONFERRED BY INSTI-
TUTIONS  OR  UPON  COMPLETION  OF  PROGRAMS WHICH ARE AUTHORIZED BUT NOT
ACCREDITED BY AT LEAST ONE  ACCREDITING  COMMISSION  RECOGNIZED  BY  THE
UNITED  STATES  DEPARTMENT  OF EDUCATION AS A RELIABLE AUTHORITY FOR THE
PURPOSE OF ACCREDITATION AT THE POST SECONDARY LEVEL.  THIS  LIST  SHALL
INCLUDE  ALL  KNOWN  INSTITUTIONS  AND  PROGRAMS  WHOSE  DEGREES ARE NOT
AUTHORIZED PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR  OF  THIS  TITLE.
THIS  LIST  SHALL  BE  MADE  AVAILABLE TO THE PUBLIC AT ALL TIMES ON THE
INTERNET.
  5. PROMULGATE ANY REGULATIONS NECESSARY FOR PURPOSES OF  CARRYING  OUT
THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.