senate Bill S1418

2013-2014 Legislative Session

Requires schools that offer continuing education adult classes to maintain student records for a minimum of ten years

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

Co-Sponsors

S1418 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §4604, add §115, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S6042

S1418 - Bill Texts

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Requires schools that offer continuing education adult classes to maintain student records for a minimum of ten years and to notify students of such classes that such records and transcripts will be maintained for such period.

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BILL NUMBER:S1418

TITLE OF BILL:
An act
to amend the education law, in relation to requiring schools that offer
continuing education adult classes to maintain student records for a
minimum of ten years

PURPOSE:
To ensure that continuing education adult schools maintain student
records and transcripts for a minimum of ten years, and that students
at such schools are aware of this requirement.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 3 of section 4604 of the education law,
as added by chapter 90 of the laws of 1986, requiring continuing
education adult schools to maintain student records and transcripts
for at least ten years, and to notify students at such schools of
this retention policy.

Section 2: Amends the education law by adding a new section 115,
directing the education commissioner to promulgate regulations
requiring schools that offer continuing education classes to (1)
maintain student records and transcripts for at least ten years, and
(2) inform students of this retention policy. This section also
defines the terms "continuing education adult classes" and "school"
for purposes of the proposed section 115 of the education law.

JUSTIFICATION:
Currently, continuing education adult schools are not required to
maintain student records and transcripts for a specific period of
time, and in fact it is discretionary as to when such documentation
may be destroyed. These records are often necessary for students to
pursue additional education and to receive licensure in certain
career fields. As such, maintenance of these records is vital, as it
provides the necessary proof that continuing education classes were
completed. Additionally, it is important that students are notified
and aware of the retention policy of these records, so that they can
take the steps necessary to ensure that they have copies of such
paperwork before it is destroyed.

LEGISLATIVE HISTORY:
2011-2012: S.6042 - Died in Committee

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1418

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  KRUEGER,  PARKER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education

AN ACT to amend the education law, in relation to requiring schools that
  offer  continuing  education adult classes to maintain student records
  for a minimum of ten years

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

  Section  1.  Subdivision  3  of  section 4604 of the education law, as
added by chapter 90 of the laws of 1986, is amended to read as follows:
  3. The commissioner is authorized and directed to promulgate rules and
regulations THAT REQUIRE SUCH CONTINUING EDUCATION ADULT SCHOOLS to:
  A. MAINTAIN STUDENT RECORDS AND  TRANSCRIPTS  FOR  A  MINIMUM  OF  TEN
YEARS;
  B.  NOTIFY  THE  STUDENTS  OF  SUCH SCHOOL THAT SUCH RECORDS AND TRAN-
SCRIPTS SHALL BE MAINTAINED FOR A MINIMUM OF TEN YEARS; AND
  C. provide for the notification of participants  in  adult  continuing
education  schools  of  the  emergency  procedures to be followed in the
event of fire.
  S 2. The education law is amended by adding a new section 115 to  read
as follows:
  S  115. CONTINUING EDUCATION ADULT SCHOOL RECORDS. 1. THE COMMISSIONER
SHALL PROMULGATE RULES AND REGULATIONS REQUIRING ANY SCHOOL THAT  OFFERS
CONTINUING EDUCATION ADULT CLASSES TO:
  A.  MAINTAIN  STUDENT  RECORDS  AND  TRANSCRIPTS  FOR A MINIMUM OF TEN
YEARS, AND
  B. INFORM STUDENTS THAT SUCH RECORDS AND  TRANSCRIPTS  WILL  BE  MAIN-
TAINED FOR A MINIMUM OF TEN YEARS.
  2. FOR THE PURPOSES OF THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04041-01-3

S. 1418                             2

  A.  THE  TERM "CONTINUING EDUCATION ADULT CLASSES" SHALL MEAN CLASSES,
FOR WHICH A FEE IS CHARGED, THAT ADHERE TO THE GUIDELINES SET  FORTH  IN
SUBDIVISION ONE OF SECTION FORTY-SIX HUNDRED FOUR OF THIS CHAPTER;
  B. THE TERM "SCHOOL" SHALL INCLUDE, BUT NOT BE LIMITED TO ANY COLLEGE,
UNIVERSITY,  ACADEMY,  HIGH SCHOOL, COMMUNITY COLLEGE OR CITY UNIVERSITY
OF THE STATE OF NEW YORK.
  S 3. This act shall take effect immediately.

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