S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2834
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA,  COLTON,  MAGNARELLI, COOK, GRAF,
   WALTER, STECK, CRESPO -- Multi-Sponsored by --  M.  of  A.  GOTTFRIED,
   PERRY,  RIVERA  --  read  once and referred to the Committee on Higher
   Education
 
 AN ACT to amend the education law, in relation to enacting  the  student
   athlete  bill  of  rights;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof
 
   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 and may be cited as the "student
 athlete bill of rights".
   § 2. The Legislature finds and declares the following:
   1. Meeting the educational needs  of  student  athletes  should  be  a
 priority for intercollegiate athletic programs.
   2.  New  York's  institutions  of higher education that participate in
 Division I and Division II intercollegiate athletics collectively gener-
 ate millions of dollars annually in media contracts,  and  this  revenue
 would not exist without the efforts of student athletes.
   3.   Student  athletes  generate  large  revenues  for  many  athletic
 programs, spend approximately forty  hours  per  week  participating  in
 their  respective sports, and suffer current and historically low gradu-
 ation rates.
   4.  Providing  adequate  health  and  safety  protection  for  student
 athletes can help prevent serious injury and death.
   5.  Current and former student athletes can be left to pay for medical
 expenses incurred from injuries suffered while participating  in  inter-
 collegiate athletics.
   6.  Institutions  of  higher  education  should  provide their student
 athletes with the same due process protection afforded to  students  who
 do not participate in athletics.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06677-01-7
              

 A. 2834                             2
 
   7. Athletic programs in this state are subject to federal gender equi-
 ty  requirements  under Title IX of the Education Amendments of 1972 (20
 U.S.C. Sec. 1681 et seq.).
   8.  An  institution  of higher education should not punish any student
 athlete for transferring to another institution of higher education.
   9. An institution  of  higher  education  should  not  use  funds  for
 purposes  of this part that are dedicated for the benefit of the general
 student body.
   § 3. The education law is amended by adding a  new  section  679-h  to
 read as follows:
   §  679-H.  COLLEGIATE ATHLETIC SCHOLARSHIP. 1. DEFINITIONS. AS USED IN
 THIS SECTION:
   (A) "ATHLETIC ASSOCIATION" MEANS ANY ORGANIZATION THAT IS  RESPONSIBLE
 FOR GOVERNING INTERCOLLEGIATE ATHLETIC PROGRAMS.
   (B)  "ATHLETIC  PROGRAM"  MEANS AN INTERCOLLEGIATE ATHLETIC PROGRAM AT
 ANY INSTITUTION OF HIGHER EDUCATION WITHIN THE MEANING OF PARAGRAPH  (D)
 OF THIS SUBDIVISION.
   (C) "GRADUATION SUCCESS RATE" MEANS THE PERCENTAGE OF STUDENT ATHLETES
 WHO  GRADUATE FROM THAT INSTITUTION OF HIGHER EDUCATION WITHIN SIX YEARS
 OF THEIR  INITIAL  ENROLLMENT,  EXCLUDING  OUTGOING  TRANSFERS  IN  GOOD
 ACADEMIC  STANDING  WITH  ATHLETIC  ELIGIBILITY REMAINING, AND INCLUDING
 INCOMING TRANSFERS. THE RATE IS TO BE CALCULATED BY COMBINING THE  RATES
 OF  THE  FOUR MOST RECENT CLASSES THAT ARE AVAILABLE IN THE EXACT MANNER
 AS THE RATE IS CALCULATED UNDER NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
 RULES.
   (D) "INSTITUTION OF HIGHER EDUCATION" MEANS ANY CAMPUS  OF  THE  STATE
 UNIVERSITY  OF  NEW  YORK,  THE  CITY  UNIVERSITY OF NEW YORK, COMMUNITY
 COLLEGES AS DEFINED IN SECTION SIXTY-THREE HUNDRED ONE OF  THIS  CHAPTER
 AND ANY FOUR-YEAR PRIVATE UNIVERSITY LOCATED IN NEW YORK, THAT MAINTAINS
 AN INTERCOLLEGIATE ATHLETIC PROGRAM.
   (E) "MEDIA RIGHTS" MEANS THE RIGHTS TO MEDIA COVERAGE OF INTERCOLLEGI-
 ATE ATHLETICS INCLUDED IN CONTRACTS THAT ARE ENTERED INTO BY INTERCOLLE-
 GIATE  ATHLETIC  CONFERENCES  AND  TELEVISION NETWORKS AND THAT GENERATE
 MONETARY PAYMENTS TO INDIVIDUAL INSTITUTIONS OF HIGHER EDUCATION.
   (F) "STUDENT ATHLETE" MEANS ANY COLLEGE STUDENT WHO PARTICIPATES IN AN
 INTERCOLLEGIATE ATHLETIC PROGRAM OF AN INSTITUTION OF HIGHER  EDUCATION,
 AND  INCLUDES  STUDENT ATHLETES WHO PARTICIPATE IN BASKETBALL, FOOTBALL,
 AND OTHER INTERCOLLEGIATE SPORTS.
   2. SCHOLARSHIP. COMMENCING WITH THE TWO THOUSAND  EIGHTEEN--TWO  THOU-
 SAND  NINETEEN  ACADEMIC YEAR, AN ATHLETIC PROGRAM SHALL COMPLY WITH ALL
 OF THE FOLLOWING:
   (A) (1) IF AN ATHLETIC PROGRAM DOES NOT RENEW AN ATHLETIC  SCHOLARSHIP
 OF  A  STUDENT  ATHLETE  WHO SUFFERS AN INCAPACITATING INJURY OR ILLNESS
 RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLETIC PROGRAM, AND THE
 INSTITUTION OF HIGHER EDUCATION'S MEDICAL STAFF DETERMINES  THAT  HE  OR
 SHE IS MEDICALLY INELIGIBLE TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS,
 THE INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE AN EQUIVALENT SCHOLAR-
 SHIP  THAT,  COMBINED  WITH  THE TOTAL DURATION OF ANY PREVIOUS ATHLETIC
 SCHOLARSHIP OR SCHOLARSHIPS RECEIVED BY THE  STUDENT  ATHLETE,  WILL  BE
 PROVIDED  FOR  A TOTAL OF UP TO FIVE ACADEMIC YEARS OR UNTIL THE STUDENT
 ATHLETE COMPLETES HIS OR HER UNDERGRADUATE DEGREE, WHICHEVER  PERIOD  IS
 SHORTER.  ADDITIONAL  YEARS  MAY  BE  PROVIDED  AT THE DISCRETION OF THE
 INSTITUTION OF HIGHER EDUCATION.
   (2) IF A STUDENT ATHLETE TAKES A TEMPORARY LEAVE OF  ABSENCE  FROM  AN
 INSTITUTION  OF  HIGHER EDUCATION, THE DURATION OF THAT LEAVE OF ABSENCE

 A. 2834                             3
 
 SHALL NOT COUNT AGAINST THE FIVE-YEAR LIMIT ON ELIGIBILITY FOR AN EQUIV-
 ALENT SCHOLARSHIP AS PROVIDED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.
   (3)  AN  ATHLETIC PROGRAM SHALL PROVIDE AN EQUIVALENT SCHOLARSHIP TO A
 STUDENT ATHLETE WHO WAS ON AN ATHLETIC SCHOLARSHIP AND IS IN GOOD STAND-
 ING, BUT HAS EXHAUSTED HIS OR HER ATHLETIC ELIGIBILITY, FOR  UP  TO  ONE
 YEAR  OR  UNTIL  THE STUDENT ATHLETE COMPLETES HIS OR HER PRIMARY UNDER-
 GRADUATE DEGREE,  WHICHEVER  IS  SHORTER;  PROVIDED,  HOWEVER,  THAT  AN
 ATHLETIC  PROGRAM  WITH  A  GRADUATION  SUCCESS RATE THAT IS ABOVE SIXTY
 PERCENT, DISAGGREGATED BY TEAM, SHALL NOT BE SUBJECT TO THE REQUIREMENTS
 OF THIS PARAGRAPH.
   (4) A STUDENT ATHLETE WHOSE ATHLETIC SCHOLARSHIP IS  NOT  RENEWED  FOR
 CAUSE  BY AN ATHLETIC PROGRAM SHALL RECEIVE NO BENEFITS UNDER THIS PART,
 BUT MAY APPEAL THIS DECISION WITHIN THE INSTITUTION OF HIGHER  EDUCATION
 ATTENDED BY THE STUDENT OR WITHIN THE ATHLETIC CONFERENCE OR ASSOCIATION
 OF  WHICH THAT INSTITUTION OF HIGHER EDUCATION IS A MEMBER, AS APPROPRI-
 ATE.
   3. FINANCIAL AND LIFE SKILLS COUNSELING. EACH ATHLETIC  PROGRAM  SHALL
 CONDUCT  A  FINANCIAL AND LIFE SKILLS WORKSHOP FOR ALL OF ITS FIRST-YEAR
 AND THIRD-YEAR STUDENT ATHLETES AT THE BEGINNING OF THE  ACADEMIC  YEAR.
 THIS WORKSHOP SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION CONCERN-
 ING  FINANCIAL  AID, DEBT MANAGEMENT, AND A RECOMMENDED BUDGET FOR FULL-
 AND PARTIAL-SCHOLARSHIP STUDENT ATHLETES LIVING ON OR OFF CAMPUS  DURING
 THE  ACADEMIC  YEAR  AND  THE  SUMMER TERM BASED ON THE CURRENT ACADEMIC
 YEAR'S COST OF ATTENDANCE. THE WORKSHOP SHALL ALSO  INCLUDE  INFORMATION
 ON  TIME  MANAGEMENT  SKILLS NECESSARY FOR SUCCESS AS A STUDENT ATHLETE,
 AND ACADEMIC RESOURCES AVAILABLE ON CAMPUS.
   4. DISCIPLINARY ACTIONS. AN  INSTITUTION  OF  HIGHER  EDUCATION  SHALL
 GRANT A STUDENT ATHLETE THE SAME RIGHTS AS OTHER STUDENTS WITH REGARD TO
 ANY AND ALL MATTERS RELATED TO POSSIBLE ADVERSE OR DISCIPLINARY ACTIONS,
 INCLUDING,  BUT  NOT  NECESSARILY  LIMITED TO, ACTIONS INVOLVING ATHLET-
 ICALLY RELATED FINANCIAL AID.
   5. REQUEST FOR TRANSFER. AN  ATHLETIC  PROGRAM  SHALL  RESPOND  WITHIN
 SEVEN  BUSINESS  DAYS  WITH  AN  ANSWER  TO  A STUDENT ATHLETE'S WRITTEN
 REQUEST TO TRANSFER TO ANOTHER INSTITUTION OF HIGHER EDUCATION.
   6. INSURANCE. (A) UNLESS A STUDENT ATHLETE  DECLINES  THE  PAYMENT  OF
 PREMIUMS, AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE PREMI-
 UMS  OF  EACH  STUDENT  ATHLETE  WHOSE HOUSEHOLD HAS AN INCOME AND ASSET
 LEVEL THAT DOES NOT EXCEED THE FEDERAL POVERTY LEVEL, AS ADJUSTED  ANNU-
 ALLY, FOR INSURANCE COVERING CLAIMS RESULTING FROM THE STUDENT ATHLETE'S
 PARTICIPATION IN THE ATHLETIC PROGRAM.
   (B)  AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE INSURANCE
 DEDUCTIBLE AMOUNT APPLICABLE TO THE CLAIM OF  ANY  STUDENT  ATHLETE  WHO
 SUFFERS AN INJURY RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLET-
 IC PROGRAM AND MAKES A CLAIM RELATING TO THAT INJURY.
   (C)  IF  A STUDENT ATHLETE SUFFERS AN INJURY RESULTING FROM HIS OR HER
 PARTICIPATION IN THE ATHLETIC  PROGRAM  THAT  REQUIRES  ONGOING  MEDICAL
 TREATMENT,  THE  ATHLETIC  PROGRAM  SHALL  PROVIDE, FOR A MINIMUM OF TWO
 YEARS FOLLOWING THE STUDENT ATHLETE'S GRADUATION OR SEPARATION FROM  THE
 INSTITUTION OF HIGHER EDUCATION, ONE OF THE FOLLOWING:
   (1)  ALL  MEDICAL  TREATMENT  NECESSARY  FOR  TREATMENT OF THE STUDENT
 ATHLETE'S INJURY OR CONDITION; OR
   (2) HEALTH INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE  COVERAGE  FOR
 ALL  MEDICAL  TREATMENT NECESSARY FOR TREATMENT OF THE STUDENT ATHLETE'S
 INJURY OR CONDITION, TOGETHER WITH ALL RESULTING DEDUCTIBLE AMOUNTS.

 A. 2834                             4
 
   (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PRE-EXISTING
 MEDICAL CONDITIONS THAT PRE-DATE THE STUDENT ATHLETE'S PARTICIPATION  IN
 THE ATHLETIC PROGRAM.
   7.  GUIDELINES.  AN  ATHLETIC PROGRAM SHALL ADOPT AND IMPLEMENT GUIDE-
 LINES TO PREVENT, ASSESS, AND TREAT SPORTS-RELATED CONCUSSIONS AND DEHY-
 DRATION.  IN ADDITION, AN ATHLETIC PROGRAM  SHALL  ADOPT  AND  IMPLEMENT
 EXERCISE  AND  SUPERVISION GUIDELINES FOR ANY STUDENT ATHLETE IDENTIFIED
 WITH POTENTIALLY LIFE-THREATENING HEALTH CONDITIONS WHO PARTICIPATES  IN
 AN ATHLETIC PROGRAM.
   8.  APPLICABILITY.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
 TO AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES, AS AN AVERAGE, LESS
 THAN TEN MILLION DOLLARS IN ANNUAL INCOME DERIVED FROM MEDIA RIGHTS  FOR
 INTERCOLLEGIATE ATHLETICS.
   (B)  AN  INSTITUTION  OF HIGHER EDUCATION SUBJECT TO THE PROVISIONS OF
 THIS SECTION SHALL RELY EXCLUSIVELY ON REVENUE DERIVED FROM MEDIA RIGHTS
 FOR INTERCOLLEGIATE ATHLETICS TO DEFRAY ANY  COSTS  ACCRUED  UNDER  THIS
 SECTION.
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed on June 30, 2028.