S T A T E O F N E W Y O R K
________________________________________________________________________
4671
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to telecommunications and
correspondence courses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 355 of the education law is amended by adding a new
subdivision 20 to read as follows:
20. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN ORDER TO QUALIFY FOR STATE AID APPORTIONMENTS PURSUANT
TO THIS ARTICLE, AN INSTITUTION SHALL NOT BE CONSIDERED TO MEET THE
DEFINITION OF INSTITUTIONS PROVIDING HIGHER EDUCATION AS PROVIDED IN
THIS ARTICLE IF SUCH INSTITUTION OFFERS OR ENROLLS MORE THAN FIFTY
PERCENT OF SUCH INSTITUTION'S TOTAL NUMBER OF ALL COURSES BY TELECOMMU-
NICATIONS OR CORRESPONDENCE, EXCEPT THAT THE COMMISSIONER, AT THE
REQUEST OF SUCH INSTITUTION, MAY WAIVE THE APPLICABILITY OF THIS SUBDI-
VISION TO SUCH INSTITUTION FOR GOOD CAUSE, AS DETERMINED BY THE COMMIS-
SIONER.
§ 2. Section 6221 of the education law is amended by adding a new
subdivision F to read as follows:
F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, IN ORDER TO QUALIFY FOR STATE AID APPORTIONMENTS PURSUANT
TO THIS ARTICLE, AN INSTITUTION SHALL NOT BE CONSIDERED TO MEET THE
DEFINITION OF INSTITUTIONS PROVIDING HIGHER EDUCATION AS PROVIDED IN
THIS ARTICLE IF SUCH INSTITUTION OFFERS OR ENROLLS MORE THAN FIFTY
PERCENT OF SUCH INSTITUTION'S TOTAL NUMBER OF ALL COURSES BY TELECOMMU-
NICATIONS OR CORRESPONDENCE, EXCEPT THAT THE COMMISSIONER, AT THE
REQUEST OF SUCH INSTITUTION, MAY WAIVE THE APPLICABILITY OF THIS SUBDI-
VISION TO SUCH INSTITUTION FOR GOOD CAUSE, AS DETERMINED BY THE COMMIS-
SIONER.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.