Senate Bill S1721A

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

    S. 1721--A                                            A. 1735--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 11, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion -- recommitted to the Committee on Higher Education in accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. MORELLE, CLARK, MILLMAN,  BOYLAND,
  HOOPER, TITUS -- Multi-Sponsored by -- M. of A. CAHILL, COLTON, GALEF,
  HEASTIE,  McENENY,  PEOPLES-STOKES,  N. RIVERA, ROBINSON, SCHIMMINGER,
  SWEENEY -- 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 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 2012".
  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 Section 224 of the education law is REPEALED and  a  new  section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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05386-02-2
              

S. 1721--A                          2                         A. 1735--A

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:
  (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 LED 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

S. 1721--A                          3                         A. 1735--A

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.
  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

S. 1721--A                          4                         A. 1735--A

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.
  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.