Assembly Bill A2186

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2186
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. KIM, BRAUNSTEIN -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law  and  the  general  business  law,  in
   relation to supplemental educational and learning programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 817 to
 read as follows:
   § 817. SUPPLEMENTAL EDUCATIONAL AND LEARNING  PROGRAMS;  REGISTRATION.
 1.  ANY  PERSON  OR  ENTITY  THAT  SEEKS TO OFFER OR PROVIDE EDUCATIONAL
 SERVICES, SUCH AS TUTORING, TEST-PREPARATORY OR SUPPLEMENTAL LEARNING OR
 INSTRUCTION, OUTSIDE OF THE REGULAR PUBLIC OR PRIVATE SCHOOL  CURRICULUM
 TO  THREE  OR  MORE  UNRELATED  CHILDREN  OF COMPULSORY SCHOOL AGE SHALL
 REGISTER WITH THE SUPERINTENDENT OF THE LOCAL SCHOOL DISTRICT OR, IN THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, THE SUPERINTENDENT OF  THE
 COMMUNITY SCHOOL DISTRICT, IN WHICH THE EDUCATIONAL SERVICES OR INSTRUC-
 TION  WILL  BE  PROVIDED.  NO  PERSON OR ENTITY MAY OFFER OR PROVIDE THE
 SERVICES DESCRIBED IN THIS SECTION WITHOUT OBTAINING A REGISTRATION FROM
 THE SUPERINTENDENT.
   2. IN ORDER TO BE REGISTERED, THE PERSON OR ENTITY SHALL SUBMIT TO THE
 APPROPRIATE  SUPERINTENDENT  AN  APPLICATION  CONTAINING  THE  FOLLOWING
 INFORMATION,  ACCOMPANIED  BY  A REASONABLE APPLICATION FEE TO BE DETER-
 MINED BY THE SUPERINTENDENT:
   A. THE NAME AND ADDRESS OF THE APPLICANT. IF THE APPLICANT IS AN ENTI-
 TY OR CORPORATION, THE NAME AND ADDRESS OF ITS CHIEF  EXECUTIVE  OFFICER
 AND OTHER OFFICERS;
   B.  THE ADDRESS OF THE BUILDING, HOUSE, PREMISES OR PRINCIPAL PLACE OF
 BUSINESS WHERE THE SERVICES OR INSTRUCTION WILL BE PROVIDED;
   C. A STATEMENT IDENTIFYING THE SPECIFIC OBJECTIVES OF THE  PROGRAM  OR
 SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03792-01-9
              

 A. 2186                             2
 
   D.  A  DETAILED  OUTLINE  OR  DESCRIPTION  OF THE CURRICULUM, CLASSES,
 SUBJECTS, INSTRUCTION OR PROGRAMS TO BE PROVIDED;
   E.  THE INSTRUCTIONAL PLAN, INCLUDING CURRICULUM MATERIALS, TEXTBOOKS,
 ELECTRONIC DEVICES AND SOFTWARE;
   F. THE NAMES OF THE INSTRUCTORS AND THEIR QUALIFICATIONS;
   G. HOURS OF INSTRUCTION;
   H. THE TUITION AND OTHER FEES, AND THE TUITION REFUND POLICY, APPROVED
 BY THE SUPERINTENDENT; AND
   I. ANY OTHER INFORMATION OR REQUIREMENTS REQUESTED BY THE  SUPERINTEN-
 DENT.
   3.  WITHIN FOURTEEN DAYS OF THE RECEIPT OF THE APPLICATION, THE SUPER-
 INTENDENT SHALL INTERVIEW THE APPLICANT AND INSPECT THE  PREMISES  WHERE
 THE  SUPPLEMENTAL EDUCATIONAL SERVICES AND LEARNING ARE TO BE OFFERED OR
 PROVIDED IN ORDER TO DETERMINE WHETHER THE  APPLICANT  IS  QUALIFIED  TO
 PROVIDE  THE EDUCATIONAL SERVICES AND PROGRAMS DESCRIBED IN ITS APPLICA-
 TION.
   4. IF THE SUPERINTENDENT IS SATISFIED THAT THE APPLICANT IS  QUALIFIED
 TO OFFER OR PROVIDE THE EDUCATIONAL SERVICES, LEARNING OR INSTRUCTION, A
 REGISTRATION SHALL BE ISSUED FOR A PERIOD OF NO MORE THAN TWO YEARS. THE
 SUPERINTENDENT  SHALL  VISIT  AND  INSPECT  THE REGISTRANT AT LEAST ONCE
 EVERY THREE MONTHS.
   5. A. ANY PERSON OR, IF THE PERSON IS A  CHILD  OF  COMPULSORY  SCHOOL
 AGE,  THE CHILD'S PARENT OR LEGAL GUARDIAN, WHO BELIEVES THAT THE REGIS-
 TRANT HAS ENGAGED IN THE FOLLOWING ACTIONS SHALL HAVE THE RIGHT TO  FILE
 A  COMPLAINT WITHIN ONE YEAR OF THE ALLEGED VIOLATION TO THE APPROPRIATE
 SUPERINTENDENT:
   (I) OPERATING WITHOUT A VALID REGISTRATION;
   (II) USE OF FALSE, MISLEADING, DECEPTIVE OR FRAUDULENT ADVERTISING;
   (III) MAKING FRAUDULENT STATEMENTS OR REPRESENTATIONS TO ANY  STUDENT,
 A  STUDENT'S  PARENT OR LEGAL GUARDIAN, OR THE PUBLIC IN CONNECTION WITH
 ANY ACTIVITY OF THE REGISTRANT;
   (IV) FAILURE TO MAKE A TUITION REFUND, PURSUANT  TO  A  REFUND  POLICY
 APPROVED BY THE SUPERINTENDENT;
   (V)  VIOLATION  OF  ANY  PROVISIONS  OF  THIS  SECTION,  OR  ANY OTHER
 PROVISIONS OF LAW, RULES OR REGULATIONS WHEN SUCH VIOLATION  CONSTITUTES
 A  PATTERN OF MISCONDUCT WHICH SIGNIFICANTLY IMPAIRS THE LEARNING OBJEC-
 TIVES OF THE REGISTRANT'S INSTRUCTIONAL PROGRAM; OR
   (VI) THE INCOMPETENCE OR LACK OF QUALIFICATIONS OF THE REGISTRANT, ANY
 TEACHER, OR OPERATOR OF THE PROGRAM.
   B. THE SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH  THE  REGISTRANT
 IS LOCATED MAY INITIATE AN INVESTIGATION WITHOUT A COMPLAINT.
   6. A. THE SUPERINTENDENT SHALL WITHIN TEN DAYS OF RECEIPT OF THE WRIT-
 TEN  COMPLAINT  COMMENCE  AN  INVESTIGATION OF THE ALLEGED MISCONDUCT OR
 VIOLATION, AND SHALL WITHIN THIRTY DAYS OF SUCH RECEIPT ISSUE A  WRITTEN
 FINDING.
   B.  THE SUPERINTENDENT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED SEVEN-
 TY-FIVE THOUSAND DOLLARS OR DOUBLE THE DOCUMENTED AMOUNT FROM WHICH  THE
 REGISTRANT  OR  AN OFFICER OR EMPLOYEE THEREOF BENEFITED. IN ADDITION TO
 THE CIVIL PENALTY, ANY PERSON WHO KNOWINGLY VIOLATES ANY  PROVISIONS  OF
 THIS  SECTION,  INCLUDING  KNOWINGLY OPERATING WITHOUT A VALID REGISTRA-
 TION, SHALL BE GUILTY OF A CLASS A MISDEMEANOR, PUNISHABLE IN ACCORDANCE
 WITH THE PENAL LAW. THE SUPERINTENDENT SHALL REFER SUCH DETERMINATION TO
 THE ATTORNEY GENERAL OR TO THE APPROPRIATE DISTRICT ATTORNEY FOR  APPRO-
 PRIATE  ACTION. THE ATTORNEY GENERAL OR A DISTRICT ATTORNEY MAY BRING AN
 ACTION ON HIS OR HER OWN INITIATIVE.

 A. 2186                             3
 
   7. ANY PERSON INJURED BY A VIOLATION OF  THIS  SECTION  MAY  BRING  AN
 ACTION  AGAINST  THE  REGISTRANT  OR  ANY OFFICERS OF THE REGISTRANT FOR
 ACTUAL DAMAGES OR TEN THOUSAND DOLLARS, WHICHEVER IS  GREATER.  A  COURT
 MAY, IN ITS DISCRETION, AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING
 PLAINTIFF.
   §  2.  Section  349 of the general business law is amended by adding a
 new subdivision (i) to read as follows:
   (I) WHERE THE DECEPTIVE  ACTS  AND  PRACTICES  INVOLVE  THE  OFFER  OR
 PROVISION   OF   SUPPLEMENTAL  EDUCATIONAL,  LEARNING  OR  INSTRUCTIONAL
 SERVICES OR ACTIVITIES TO CHILDREN OF  COMPULSORY  AGE  OUTSIDE  OF  THE
 REGULAR  CURRICULUM  OF  A  PUBLIC  OR PRIVATE SCHOOL, INCLUDING BUT NOT
 LIMITED TO:  1. OFFERING OR PROVIDING EDUCATIONAL OR  LEARNING  SERVICES
 WITHOUT  OFFICIAL APPROVAL OR REGISTRATION AS REQUIRED BY LAW; 2. MAKING
 FRAUDULENT STATEMENTS OR REPRESENTATIONS TO  THE  STUDENT,  A  STUDENT'S
 PARENT OR LEGAL GUARDIAN OR TO THE PUBLIC IN CONNECTION WITH ANY SERVICE
 OR  ACTIVITY  PROVIDED  BY  THE PERSON, FIRM OR CORPORATION; OR 3. USING
 FALSE, MISLEADING, DECEPTIVE OR  FRAUDULENT  ADVERTISING,  THE  ATTORNEY
 GENERAL  MAY  SEEK  A  CIVIL PENALTY NOT TO EXCEED SEVENTY-FIVE THOUSAND
 DOLLARS OR DOUBLE THE AMOUNT FROM WHICH THE PERSON, FIRM OR  CORPORATION
 BENEFITED,  WHICHEVER  IS GREATER. IN ADDITION TO THE CIVIL PENALTY, ANY
 PERSON WHO KNOWINGLY VIOLATES ANY PROVISIONS OF THIS  SUBDIVISION  SHALL
 BE  GUILTY  OF  A CLASS A MISDEMEANOR, PUNISHABLE IN ACCORDANCE WITH THE
 PENAL LAW.
   § 3. This act shall take effect immediately.