NY State Senate Bill 2009-S7906

Senate Bill S7906

2009-2010 Legislative Session

Relates to protecting constitutional or civil rights of non-degree granting proprietary schools and their owners

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2010	referred to higher education

2009-S7906 (ACTIVE) - Details

See Assembly Version of this Bill:: A11300
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §5003-a, amd §5010, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4849
2013-2014: A2820
2015-2016: A1740

2009-S7906 (ACTIVE) - Summary

Relates to protecting constitutional or civil rights of non-degree granting proprietary schools and their owners; establishes a proprietary school disciplinary committee to conduct hearings and make determinations regarding alleged violations by licensed proprietary schools alleged by the bureau of proprietary school supervision or other persons; sets term length at two years for members of the proprietary school advisory council and limits the purposes for advisory council meetings.

2009-S7906 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7906

 TITLE OF BILL :
An act to amend the education law, in relation to protecting
constitutional or civil rights of non-degree granting proprietary
schools and their owners


 PURPOSE :
To provide for a fair disciplinary process for licensed proprietary
schools and their owners, and to afford such schools a state statutory
right to bring an action for damages resulting from discrimination,
threats or acts of violence and intimidation, which parallels the
rights of action and is found in sections the applicable provisions of
Federal Civil Rights legislation.

The bill also protects the constitutional and/or civil rights of
non-degree granting Proprietary Schools and affords said institutions
and their owners an opportunity of due process or a correction action
plan to be implemented by the Proprietary School.

The Bill also places a limitation mandate on the purposes for which
the Advisory Council of the BPSS convenes. The BPSS Advisory Council
was not created to be a quasi administrative lobbying body for special
interests groups within in its membership or that attend its meetings.
This Bill mandates that the Council only takes advocacy positions with

the state legislature on issues that directly impact the Education Law
and or its regulations and then only after affording both proponents
and opponents to vet their positions in an open forum dedicated for
that purpose.

 SUMMARY OF PROVISIONS :

The bill creates a disciplinary committee that will review alleged
violations of licensed proprietary schools alleged by the Bureau of
Proprietary School supervision.

In addition to providing how the committee shall be appointed, it also
provides for the scope of their review and the time frames in which
they need to act to effectuate a fair and efficient determination as
to the remedial action to be taken concerning the school's
actions/conduction of business.

The bill affords proprietary schools and their owners the right to
challenge the findings of the committee and the allegations of the
BPSS in a plenary action, and to seek redress for discriminatory,
conspiratorial and criminal actions on the part of the BPSS.

This bill empowers the Attorney General or a special prosecutor to
bring civil or criminal action against the Bureau of Proprietary
School Supervision ("Bureau") in the case where the Bureau is
violating or attempting to violate the civil rights, and due process
rights of Proprietary Schools by revoking or refusing to renew the
schools license to operate without giving the school an opportunity to
take corrective action. Such act ions by the Bureau may consist of
interfering with the schools rights to operate by threats,
intimidation, investigation, illegal entrapment, coercion, or a
payola, and have violated the constitutional or civil rights of a
proprietary school.  The civil or criminal action shall be brought in
the name of the people of the supreme or criminal court for the county
in which the violation occurred or in the supreme or criminal court
for the county in which the person or persons violated reside or have
their principal place of business or in the supreme or criminal court
for the county in which the aggrieved person or persons reside.

 JUSTIFICATION :
The Civil Rights Law is amending the provisions of the law which
provide for rights and remedies of proprietary schools and school
owners who are subject to disciplinary action of the Bureau of
Proprietary School Supervision.

The BPSS has over the course of is regulatory tenure, unevenly applied
the Education law and has used its investigative powers and resources
to selectively police the activities of schools under its
jurisdiction.

While even one school or school owner unfairly subjected to
unjustified investigation and penalty would be in and of itself a
justification for the enactment of this legislation, the unfortunate
truth is that scores of licensed institutions under the BPSS's
jurisdiction, many of which are owned by "people of color" or which
serve, educate or train "people of color" have been singled out for
violations by the BPSS. This has resulted in a disproportionate number
of minority/people of color school closings or placed a heavy duty
burden on such schools that were able to remain open.

By establishing a non partisan adjudicative committee to oversee the
regulation of these schools, the industry and the school owners in
particular will reflect a healthy representation of the diverse
population of New York.

 FISCAL IMPLICATION :
None.

 LEGISLATIVE HISTORY :
None.

 EFFECTIVE DATE :
This law shall take effect immediately.

2009-S7906 (ACTIVE) - Bill Text download pdf

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

                                  7906

                            I N  S E N A T E

                              May 21, 2010
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  protecting  constitu-
  tional  or civil rights of non-degree granting proprietary schools and
  their owners

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

  Section 1. Legislative intent. The legislature declares that it is the
policy  of the state of New York to assure that each non-degree granting
proprietary school, hereinafter "proprietary  school,"  and  the  owners
thereof  are afforded due process before the revocation of such school's
license to operate as a proprietary school or the denial of an  applica-
tion  for  renewal  of such license. Any application for renewal of such
license or appeal of revocation or registration  or  regulation  of  any
proprietary  school  by  the  bureau  of proprietary school supervision,
hereinafter "the bureau," should be made in an environment free of  fear
of  discrimination  based upon race, religion, creed, color, sex, sexual
orientation, age, disability, ethnicity or national  origin.  The  state
has  the  responsibility  to  act to ensure that all proprietary schools
have the ability to operate, and to not  be  closed  or  prevented  from
obtaining  a  renewal  of  their license, or have their license revoked,
barring presumed evidence of fraud, so as to afford an  opportunity  for
such proprietary school to take corrective action to remedy any apparent
or  alleged  deficiency  or  deficiencies in their operation and without
imposing penalties that are not commensurate with the violations  estab-
lished.  Any  such action by the bureau, against a proprietary school in
any case that appears based on any violation of any  protection  of  the
constitutionally  guaranteed  rights of due process shall immediately be
forestalled or tabled and referred to a hearing to be conducted  by  the
"legislative advisory committee for proprietary schools education" to be
known as the "proprietary school disciplinary committee" which shall act
and  function separately and distinctly from the advisory council estab-
lished pursuant to section five thousand ten of the education law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17322-02-0

S. 7906                             2

  The legislature finds that enactment of this legislation will  promote
the  fair regulation of the proprietary school system and will serve the
short-term and long-term best interests of those people of the state who
depend on the proprietary schools to provide them with opportunities for
education.
  S  2.  The  education law is amended by adding a new section 5003-a to
read as follows:
  S 5003-A. VIOLATIONS OF CONSTITUTIONAL OR CIVIL RIGHTS; CIVIL ACTIONS;
AND CRIMINAL SANCTIONS. 1. A.  A  "LEGISLATIVE  ADVISORY  COMMITTEE  FOR
PROPRIETARY  SCHOOLS  EDUCATION"  HEREINAFTER  KNOWN AS THE "PROPRIETARY
SCHOOL DISCIPLINARY COMMITTEE" OR "PSDC" IS HEREBY CREATED  AS  PROVIDED
IN THIS SECTION.
  B. THE PSDC SHALL BE COMPOSED OF NINE MEMBERS APPOINTED AS FOLLOWS:
  (1)  TWO  MEMBERS  SHALL  BE  APPOINTED UPON THE RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE WITH  ONE  REPRESENTING  A  REGISTERED
TRADE SCHOOL AND ONE REPRESENTING A LICENSED BUSINESS SCHOOL;
  (2)  TWO  MEMBERS  SHALL  BE  APPOINTED UPON THE RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY WITH ONE REPRESENTING A REGISTERED TRADE  SCHOOL
AND ONE REPRESENTING A LICENSED BUSINESS SCHOOL;
  (3)  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
CHAIRPERSON OF THE SENATE BLACK, PUERTO RICAN, HISPANIC & ASIAN LEGISLA-
TIVE CAUCUS;
  (4) ONE MEMBER SHALL BE  APPOINTED  UPON  THE  RECOMMENDATION  OF  THE
CHAIRPERSON OF THE SENATE CONSUMER PROTECTION COMMITTEE;
  (5)  ONE  MEMBER  SHALL  BE AN OWNER OR DIRECTOR OF A SCHOOL REGULATED
PURSUANT TO THIS ARTICLE;
  (6) ONE MEMBER SHALL BE A STUDENT CURRENTLY ENROLLED IN A SCHOOL REGU-
LATED PURSUANT TO THIS ARTICLE AT THE TIME OF APPOINTMENT OR A  GRADUATE
OF  SUCH A SCHOOL WHO GRADUATED NO MORE THAN THREE YEARS BEFORE APPOINT-
MENT; AND
  (7) ONE MEMBER SHALL BE A STUDENT ADVOCATE.
  C. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FROM SUCH  MEMBERS.  THE
SECRETARY  OF  EDUCATION, THE PRESIDENT OF THE HIGHER EDUCATION SERVICES
CORPORATION, THE STATE COMPTROLLER, THE DIRECTOR OF THE DIVISION OF  THE
BUDGET,  AND  THE  EXECUTIVE  DIRECTOR  OF  THE JOB TRAINING PARTNERSHIP
COMMITTEE, OR THEIR DESIGNEES, SHALL  SERVE  AS  EX-OFFICIO,  NON-VOTING
MEMBERS OF THE COMMITTEE.
  D.  THE  PSDC  SHALL  MEET  NO LESS THAN FOUR TIMES A YEAR. AFTER EACH
MEETING A REPORT OF ALL FINDINGS SHALL BE  SUBMITTED  TO  THE  GOVERNOR.
MEMBERS OF THE PSDC SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT
SHALL  BE  REIMBURSED  FOR  REASONABLE EXPENSES ACTUALLY AND NECESSARILY
INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
  2. A. THE BUREAU OF PROPRIETARY SCHOOL SUPERVISION,  HEREINAFTER  "THE
BUREAU," UPON RECEIVING A COMPLAINT FROM A STUDENT OR STUDENTS AGAINST A
PROPRIETARY  SCHOOL  OR UPON A COMPLAINT GENERATED FROM ITS OWN INVESTI-
GATION, SHALL NOTIFY SUCH SCHOOL WITHIN TEN BUSINESS DAYS  ADVISING  THE
SCHOOL  THAT  IT  HAS  SIXTY  DAYS TO DEVISE A CORRECTIVE ACTION PLAN TO
ADDRESS THE ALLEGED VIOLATIONS. SUCH PROPRIETARY SCHOOL WITHIN THE SIXTY
DAY PERIOD SHALL FORWARD ITS CORRECTIVE ACTION PLAN TO THE BUREAU AND TO
THE DESIGNATED MEMBER OF THE PSDC.  THE PSDC SHALL THEN HAVE  TEN  BUSI-
NESS  DAYS  TO  ACCEPT,  REJECT OR AMEND THE CORRECTIVE ACTION PLAN, AND
SUCH CORRECTIVE ACTION PLAN SHALL BE DEEMED ACCEPTABLE UNLESS  THE  PSDC
VOTES  UNANIMOUSLY  TO REJECT SUCH PLAN. THE PROPRIETARY SCHOOL SHALL BE
NOTIFIED VIA CERTIFIED MAIL WITHIN FIVE BUSINESS DAYS OF THE PSDC  DECI-
SION. FOR THE PURPOSES OF REVIEW A MINIMUM OF FIVE PSDC MEMBERS, NONE OF
WHICH  ARE  EX-OFFICIO, MUST VOTE ON THE PROPRIETARY SCHOOL'S CORRECTIVE

S. 7906                             3

ACTION PLAN. THE ADOPTION OF THE PLAN AS SUBMITTED MUST BE APPROVED BY A
MAJORITY OF THE MEMBERS VOTING.
  B.  THE PROPOSED CORRECTIVE ACTION PLAN SHALL ADDRESS EVERY ALLEGATION
IN THE COMPLAINT, INCLUDING THE REMEDIAL ACTION TO BE TAKEN. SUCH  REME-
DIAL  ACTION  MAY  INCLUDE  BUT  IS  NOT LIMITED TO REFUNDS TO STUDENTS,
CHANGES IN STAFF PERSONNEL, DISCONTINUANCE OF CLASSES,  MODIFICATION  TO
CURRICULUM,  MODIFICATIONS  TO  ENROLLMENT  DOCUMENTS, INCLUDING BUT NOT
LIMITED TO THE ENROLLMENT AGREEMENT, AND CATALOGS, CHANGES IN  ADVERTIS-
ING  AND MARKETING, LICENSES, CREDENTIALS OR CERTIFICATES TO BE OBTAINED
TO BRING THE PROPRIETARY SCHOOL INTO COMPLIANCE WITH  THIS  CHAPTER  AND
OTHER  APPLICABLE  LAWS,  AND  ANY  OTHER  MATTER IN RECTIFICATION TO BE
COMPLIANT WITH THIS CHAPTER.
  C. IF THE PSDC REJECTS THE CORRECTIVE ACTION PLAN IT MUST  NOTIFY  THE
PROPRIETARY  SCHOOL  OF  ITS POSITION AND SUBMIT AN ITEMIZED RECOMMENDED
MODIFICATION TO SUCH PLAN. SUCH ITEMIZED RECOMMENDATION CAN INCLUDE  ANY
COMMENSURATE FINE THE PSDC DEEMS APPROPRIATE GIVEN THE VIOLATIONS ESTAB-
LISHED.  ANY  FINE  FOR A VIOLATION OF THIS SUBDIVISION SHALL NOT EXCEED
TWO THOUSAND FIVE HUNDRED DOLLARS AND SHALL NOT BE AGGREGATED BASED UPON
THE NUMBER OF STUDENTS AFFECTED BY THE VIOLATION OR THE NUMBER OF REPEAT
INSTANCES OF THE SAME VIOLATION. IN ANY EVENT THE TOTAL FINE  SHALL  NOT
EXCEED TWENTY-FIVE THOUSAND DOLLARS. THE FINE LIMITATION SHALL IN NO WAY
LIMIT  THE  FINES,  COSTS,  FEES, RESTITUTION AND OTHER ASSESSMENTS DULY
IMPOSABLE UPON THE SCHOOL AS A RESULT OF OTHER LAW ENFORCEMENT OR  CIVIL
PROCEEDINGS BROUGHT AGAINST THE SCHOOL.
  D.  NOTWITHSTANDING  ANY RECOMMENDATIONS IT SUBMITS TO THE PROPRIETARY
SCHOOL, THE PSDC MAY MAKE APPROPRIATE REFERRALS TO APPROPRIATE  AGENCIES
AS  IT  DEEMS  FIT  BASED  UPON THE ALLEGATIONS IN THE COMPLAINT AND THE
PROPRIETARY SCHOOL'S CORRECTIVE  ACTION  PLAN.  THE  PROPRIETARY  SCHOOL
SHALL  BE  GIVEN  THIRTY  DAYS  TO NOTIFY THE PSDC AND THE BUREAU OF ITS
ACCEPTANCE OF THE MODIFICATIONS AND ITS INTENT TO  ADOPT  AND  IMPLEMENT
SUCH  MODIFICATIONS.  THE  PSDC  CAN  DIRECT  THE  PROPRIETARY SCHOOL TO
SUSPEND ENROLLING STUDENTS UPON NOTICE TO THE PROPRIETARY SCHOOL SUBJECT
TO SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
  E. IF THE PROPRIETARY SCHOOL DOES NOT AGREE WITH THE PROPOSED  MODIFI-
CATIONS  TO THE CORRECTIVE ACTION PLAN MADE BY THE PSDC, SUCH SCHOOL MAY
PETITION TO THE SUPREME COURT IN THE COUNTY OF THE  PRINCIPAL  PLACE  OF
BUSINESS  OF THE PROPRIETARY SCHOOL FOR REVIEW OF THE RECOMMENDATIONS BY
PSDC WITHIN THE SAME THIRTY DAY ALLOTMENT.
  F. THE COURT, IN THE EVENT OF SUCH A HEARING, SHALL, UPON A SHOWING OF
CLEAR AND CONVINCING EVIDENCE THAT THE ORIGINALLY  SUBMITTED  CORRECTIVE
ACTION  PLAN DOES NOT ADEQUATELY ADDRESS OR RESOLVE THE ISSUES RAISED BY
THE COMPLAINT, AFFORD THE PROPRIETARY SCHOOL AN  OPPORTUNITY  TO  MODIFY
ITS PLAN BASED UPON THE FINDINGS OF THE COURT.
  G.  THE PROPRIETARY SCHOOL SHALL HAVE SIX MONTHS IN WHICH TO IMPLEMENT
THE ACCEPTED CORRECTIVE ACTION PLAN AGREED UPON BY PSDC OR  THE  SUPREME
COURT. THE BUREAU SHALL THEN NOTIFY THE PROPRIETARY SCHOOL, BY CERTIFIED
MAIL,  OF  ITS  INTENDED  DATE  OF  INSPECTION TO INSURE THE PROPRIETARY
SCHOOL IS IN COMPLIANCE  WITH  THE  IMPLEMENTATION  OF  PSDC'S  ACCEPTED
CORRECTIVE ACTION PLAN.
  3.  ANY NOTICE TO THE PROPRIETARY SCHOOL TO SUSPEND ENROLLING STUDENTS
SHALL NOT TAKE EFFECT IF AT ALL UNTIL AFTER A HEARING FIVE BUSINESS DAYS
AFTER THE PSDC HAS SERVED A NOTICE OF VIOLATION WHICH  ALLEGES  SPECIFIC
VIOLATIONS  OF  THIS  CHAPTER,  REGULATIONS PROMULGATED HEREUNDER OR ANY
OTHER VIOLATION OR OFFENSE AS PRESCRIBED BY LAW ON THE SUBJECT  PROPRIE-
TARY  SCHOOL  AND  FILED  A  COPY WITH THE PSDC. A HEARING AFFORDING THE
SUBJECT PROPRIETARY SCHOOL AN OPPORTUNITY TO PROVIDE  REASONABLE  ASSUR-

S. 7906                             4

ANCES  THAT  THE ALLEGED VIOLATIONS SHALL NOT POSE AN IMMINENT THREAT TO
THE PROPER ADMINISTRATIVE AND EDUCATIONAL FUNCTIONS OF THE SCHOOL  SHALL
BE CONDUCTED WITHIN FIVE BUSINESS DAYS AFTER THE SERVICE. AT LEAST THREE
PSDC  MEMBERS SHALL PRESIDE OVER THE HEARING IN A PREDESIGNATED VENUE IN
THE COUNTY IN WHICH SUCH SCHOOL IS LOCATED. THE CHAIRPERSON OF THE  PSDC
AND THE SCHOOL SHALL BE AFFORDED AN OPPORTUNITY TO PRESENT ARGUMENTS AND
EXHIBITS  IN  SUPPORT  AND  IN  OPPOSITION  OF  THE PROPOSED SUSPENSION,
CLOSURE AND/OR OTHER DISCIPLINARY ACTION CONSISTENT WITH SUBDIVISION TWO
OF THIS SECTION.  THE PRESIDING MEMBERS OF THE HEARING SHALL  REPORT  TO
THE NON-PRESIDING PSDC MEMBERS THEIR FINDINGS WITHIN SEVEN BUSINESS DAYS
AFTER  PRESENTATIONS  BY  THE  CHAIRPERSON  OF  THE PSDC AND THE SUBJECT
SCHOOL AND A FINAL DETERMINATION REGARDING DISCIPLINARY ACTION SHALL  BE
AGREED  UPON  BY  AT  LEAST FIVE OF THE PSDC MEMBERS WITHIN TEN BUSINESS
DAYS FROM THE PRESENTATION OF THE FINDINGS OF  THE  PRESIDING  COMMITTEE
MEMBERS.
  4. PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION NOTWITHSTANDING, THE
PROPRIETARY  SCHOOL  MAY CONTINUE TO ENROLL STUDENTS AFTER THE NOTICE TO
SUSPEND ENROLLING STUDENTS UNTIL A FINAL  DETERMINATION  FROM  THE  PSDC
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT THE PROPRI-
ETARY  SCHOOL  SHALL  ESCROW  ANY REGISTRATION FEES AND TUITION PAYMENTS
FROM STUDENTS PRIOR TO THE FINAL  DETERMINATION.  REQUISITIONS  FOR  THE
PAYMENT  OF APPROPRIATE EXPENSES NECESSARY TO THE OPERATION AND ADMINIS-
TRATION OF THE PROPRIETARY SCHOOL SHALL BE  REVIEWED  BY  THE  PSDC  AND
AUTHORIZED FOR PAYMENT UNTIL FINAL DETERMINATION.
  5.  A.  WITHIN THIRTY DAYS AFTER A DETERMINATION BY THE PSDC AS TO THE
DISCIPLINARY ACTION TO BE TAKEN AGAINST THE SUBJECT SCHOOL, IF ANY,  THE
SUBJECT SCHOOL MAY COMMENCE AN ACTION IN THE SUPREME COURT IN THE COUNTY
IN  WHICH  THAT SCHOOL HAS ITS PRINCIPAL PLACE OF BUSINESS TO APPEAL THE
FINAL DISCIPLINARY ACTION.
  B. THE ACTION MAY BE BROUGHT AS A PLENARY ACTION  UNDER  THIS  SECTION
ALLEGING  THAT  THE  CIVIL RIGHTS OF THE SCHOOL, SCHOOL OWNER AND/OR ITS
DIRECTORS, AGENTS OR EMPLOYEES HAVE BEEN VIOLATED.
  6. A. WHENEVER ANY PERSON OR PERSONS, OR AGENTS OF THE BUREAU AND  ITS
ADVISORY  COUNCIL  AS  ESTABLISHED  BY SECTION FIVE THOUSAND TEN OF THIS
ARTICLE, WHETHER OR NOT ACTING UNDER THE COLOR  OF  LAW,  INTERFERES  BY
USING  INTIMIDATION,  SUCH  AS  HEAVY-HANDED  THREATS,  OR INAPPROPRIATE
INVESTIGATIONAL PROCEDURES, ENTRAPMENT, FEDERAL RACKETEER INFLUENCED AND
CORRUPT ORGANIZATIONS ACT (18 U.S.C. S 1961-1968) CHARGES  OR  COERCION,
IMPLEMENTATION  OR  ADOPTION  OF INAPPROPRIATE, BIASED OR PARTISAN POLI-
CIES, OR DENIES THE EXERCISE OR ENJOYMENT BY ANY PROPRIETARY SCHOOL  AND
ITS  OWNER,  PERSON OR PERSONS, OF RIGHTS SECURED BY THE CONSTITUTION OR
LAWS OF THE UNITED STATES, OR OF RIGHTS SECURED BY THE  CONSTITUTION  OR
BY  THE LAWS OF THIS STATE, THE ATTORNEY GENERAL OR AN APPOINTED SPECIAL
PROSECUTOR APPOINTED PURSUANT TO STATE LAW SHALL BRING A CIVIL OR CRIMI-
NAL ACTION TO OBTAIN INJUNCTIVE OR OTHER APPROPRIATE LEGAL OR  EQUITABLE
RELIEF,  IN  ORDER TO PROTECT THE PEACEABLE EXERCISE OR ENJOYMENT OF THE
RIGHT OR RIGHTS SECURED.
  B. THE PSDC, THE ATTORNEY GENERAL OR AN APPOINTED  SPECIAL  PROSECUTOR
SHALL MAKE APPROPRIATE REFERRALS TO FEDERAL AGENCIES AND LAW ENFORCEMENT
AGENCIES  FOR  FURTHER REVIEW OF ALLEGED ACTS OF SUCH PERSON OR PERSONS,
OR AGENTS OF THE BUREAU AND ITS ADVISORY COUNCIL.  IF A SPECIAL PROSECU-
TOR IS REQUIRED THEN SAME SHALL BE SELECTED  BY  THE  NORMAL  PROCEDURES
UNDER STATE LAW.
  7.  A.  IF  A  CASE  OF ABUSE OR CIVIL RIGHTS VIOLATION IS REPORTED OR
ALLEGED TO THE BUREAU BY ANY PROPRIETARY SCHOOL, OR BY A BUREAU  EMPLOY-
EE,  THE BUREAU DIRECTOR MUST NOTIFY THE COMMISSIONER FOR FURTHER INVES-

S. 7906                             5

TIGATION. FURTHER, IN THE EVENT OF HAVING RECEIVED SUCH NOTIFICATION THE
COMMISSIONER MUST NOTIFY THE ATTORNEY GENERAL OF SUCH COMPLAINT SO  THAT
THEY CAN INVESTIGATE THE MATTER JOINTLY.
  B.  AT  THE  CONCLUSION OF SUCH INVESTIGATION, THE ATTORNEY GENERAL OR
APPOINTED SPECIAL PROSECUTOR  SHALL  TAKE  THE  APPROPRIATE  MEASURE  TO
RESOLVE  THE  MATTER.  CIVIL  OR CRIMINAL ACTION SHALL BE BROUGHT IN THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK AND SHALL BE  INSTITUTED  IN
THE  SUPREME  COURT  FOR  THE  COUNTY IN WHICH THE CONDUCT COMPLAINED OF
OCCURRED OR IN THE SUPREME COURT FOR THE COUNTY IN WHICH THE  PERSON  OR
PERSONS  WHOSE  CIVIL  RIGHTS  ARE ALLEGED TO BE VIOLATED RESIDE OR HAVE
THEIR PRINCIPAL PLACE OF BUSINESS OR IN THE SUPREME COURT FOR THE COUNTY
IN WHICH THE AGGRIEVED PERSON OR PERSONS RESIDE.
  8. A. ANY PROPRIETARY SCHOOL WHOSE EXERCISE  OR  ENJOYMENT  OF  RIGHTS
SECURED  BY  THE CONSTITUTION OR LAWS OF THE UNITED STATES, OR OF RIGHTS
SECURED BY THE CONSTITUTION OR LAWS OF THIS STATE, HAS  BEEN  INTERFERED
WITH,  OR  ATTEMPTED  TO BE INTERFERED WITH, AS DESCRIBED IN SUBDIVISION
SIX OF THIS SECTION, MAY INSTITUTE AND PROSECUTE IN HIS OR HER OWN  NAME
AND  ON  HIS  OR  HER  OWN BEHALF A CIVIL ACTION FOR INJUNCTIVE OR OTHER
APPROPRIATE LEGAL OR EQUITABLE RELIEF, INCLUDING THE AWARD OF  COMPENSA-
TORY AND PUNITIVE MONEY DAMAGES.
  B.  ANY  STUDENTS AGGRIEVED BY ANY MISCONDUCT OR ALLEGED VIOLATIONS OF
THE SCHOOL SHALL ENJOY A PRIVATE RIGHT OF ACTION SUBJECT TO THE  STATUTE
OF  LIMITATIONS  OF  THE CAUSE OF ACTION UNDER WHICH THE STUDENTS PURSUE
REDRESS.
  C. ANY SUCH AGGRIEVED  PERSON,  PERSONS  OR  PROPRIETARY  SCHOOL,  WHO
PREVAILS  IN ANY ACTION AUTHORIZED BY THIS SECTION, SHALL BE ENTITLED TO
AN AWARD OF THE COSTS OF THE  LITIGATION,  REASONABLE  ATTORNEYS'  FEES,
MONIES  LOST  FOR SAID PERIOD OF CESSATION OF OPERATION, IN AN AMOUNT TO
BE DETERMINED BY THE COURT. AT THE DISCRETION OF THE RULING  COURT  SUCH
AWARDS MAY BE SUBJECT TO TREBLE DAMAGES.
  9.  IN  THE  EVENT THAT THE SUBJECT PROPRIETARY SCHOOL BELIEVES IT HAS
BEEN VICTIMIZED BY WAY OF AN ONGOING CONSPIRACY, THE SCHOOL MAY  MAKE  A
REQUEST  THAT  ITS  CASE  BE  INVESTIGATED  BY A SPECIAL MASTER FROM THE
ATTORNEY GENERAL'S OFFICE OR A SPECIAL PROSECUTOR HAVING EXPERIENCE WITH
FEDERAL RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (18 U.S.C.  S
1961-1968) INVESTIGATIONS.
  10.  A.  ANY PERSON OR AGENCY CONVICTED OF VIOLATING THE PROVISIONS OF
THIS SECTION SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRI-
SONED NOT MORE THAN ONE YEAR OR BOTH; IF PERSONAL  INJURY  RESULTS  FROM
SUCH VIOLATION, SUCH PERSON SHALL BE PUNISHED AS PROVIDED SUBJECT TO THE
RELEVANT PENALTIES PROVIDED FOR IN THE PENAL LAW.
  B. PERSONS EMPLOYED BY THE BUREAU AND/OR THE OFFICE OF THE COMMISSION-
ER  WHO  HAVE BEEN FOUND TO HAVE ACTED WILLFULLY AND WITH RECKLESS ABAN-
DONMENT AND/OR MALEVOLENT INTENT MAY BE SUBJECTED TO PERSONAL  LIABILITY
FOR  THE  DAMAGES INCURRED BY THEIR ACTIONS AND ANY CLAIM THAT THEY WERE
ACTING AT THE DIRECTION OF A SUPERIOR OR SUPERVISORY PERSON SHALL NOT BE
A DEFENSE.
  S 3. Subdivision 2 of section 5010 of the education law, as  added  by
chapter  887  of the laws of 1990, is amended and a new subdivision 6 is
added to read as follows:
  2. (A) The council shall meet no less than four times a year.  Members
of  the  council  shall  receive  no compensation for their services but
shall be reimbursed for reasonable  expenses  actually  and  necessarily
incurred by them in the performance of their duties.

S. 7906                             6

  (B) THE ADVISORY COUNCIL SHALL ABIDE STRICTLY TO A TWO YEAR TERM LIMIT
OF  ITS MEMBERS AND ANY VACANCIES THEREON SHALL BE FILLED WITHIN FIFTEEN
DAYS AFTER ANY VACANCY OCCURS.
  (C)  ANY  CURRENT  MEMBER  WHO  HAS SERVED OVER TWO YEARS SHALL WITHIN
FIFTEEN DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, RESIGN HIS OR  HER
POSITION.
  6.  (A)  THE ADVISORY COUNCIL SHALL NOT CONVENE AS A LEGISLATION ADVO-
CATE OR OPPONENT ON ANY EXISTING OR PROPOSED  LEGISLATION  NOT  DIRECTLY
AMENDING, REPEALING OR OTHERWISE MODIFYING THIS CHAPTER.
  (B) TO THE EXTENT THAT ANY PROPOSED AMENDMENT OR REPEAL OF ANY SECTION
OF THIS CHAPTER IS INTRODUCED WITHIN THE STATE LEGISLATURE, THE ADVISORY
COUNCIL SHALL, BEFORE TAKING ANY POSITION ON THE BILL, INVITE PROPONENTS
AND  OPPONENTS  TO  PRESENT  THEIR RESPECTIVE POSITIONS TO SUCH ADVISORY
COUNCIL MEMBERS BEFORE THE COUNCIL MAY TAKE ANY AFFIRMATIVE POSITION  ON
THE LEGISLATION ONE WAY OR THE OTHER.
  S 4. This act shall take effect immediately.

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