Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to higher education |
Dec 18, 2019 |
referred to higher education |
Assembly Bill A8838
2019-2020 Legislative Session
Sponsored By
EPSTEIN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A8838 (ACTIVE) - Details
2019-A8838 (ACTIVE) - Summary
Prevents institutions from implementing contingencies on the receipt of state funding by preventing the use of language in agreements regarding mandatory arbitration, internal dispute processes, prohibiting class actions and prohibiting the disclosure of any information in the agreement to anyone.
2019-A8838 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8838 2019-2020 Regular Sessions I N A S S E M B L Y December 18, 2019 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Higher Education AN ACT to amend the education law, in relation to preventing insti- tutions from implementing contingencies on the receipt of state fund- ing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 665-a of the education law, as amended by chapter 681 of the laws of 1986, is amended to read as follows: 1. Participation agreement. (A) No institution may participate in the general, academic or other award programs described in this article unless it shall have entered into a written agreement with the corpo- ration under which it shall be bound to comply with all laws and rules applicable to such programs. EACH PARTICIPATION AGREEMENT SHALL INCLUDE THE FOLLOWING TERMS AND CONDITIONS: (I) AN INSTITUTION SHALL NOT, AS A CONDITION OF ANY AWARD OR LOAN PURSUANT TO THIS ARTICLE, REQUIRE ANY STUDENT: (1) SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY MATTER THEREAFTER ARISING UNDER SUCH AGREEMENT PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION TO ENFORCE THE PROVISIONS OF SUCH AGREEMENT; (2) RESOLVE A COMPLAINT THROUGH AN INTERNAL DISPUTE PROCESS; (3) WAIVE ANY RIGHT, FORUM, OR PROCEDURE FOR A VIOLATION OF ANY PROVISION OF THIS CHAPTER, INCLUDING THE RIGHT TO FILE AND PURSUE A CIVIL ACTION, CLASS ACTION OR A COMPLAINT WITH, OR OTHERWISE NOTIFY, ANY STATE AGENCY, OTHER PUBLIC PROSECUTOR, LAW ENFORCEMENT AGENCY, OR ANY COURT OR OTHER GOVERNMENTAL ENTITY OF ANY ALLEGED VIOLATION; AND (4) BE PROHIBITED FROM DISCLOSING, DISCUSSING, DESCRIBING OR COMMENT- ING UPON THE TERMS OF THE AGREEMENT OR ANY VIOLATION THEREOF. (II) AN INSTITUTION SHALL NOT THREATEN, RETALIATE OR DISCRIMINATE AGAINST ANY STUDENT ELIGIBLE FOR SUCH AWARD OR LOAN BECAUSE OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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