S T A T E O F N E W Y O R K
________________________________________________________________________
3071
2019-2020 Regular Sessions
I N S E N A T E
February 1, 2019
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Introduced by Sens. RANZENHOFER, GALLIVAN, LITTLE, SAVINO -- read twice
and ordered printed, and when printed to be committed to the Committee
on Higher Education
AN ACT to amend the education law, in relation to streamlining higher
education program approvals
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 210-d
to read as follows:
§ 210-D. REGISTRATION OF CURRICULA. NOTWITHSTANDING ANY LAW, RULE, OR
REGULATION TO THE CONTRARY, ANY NEW CURRICULUM OR PROGRAM OF STUDY
OFFERED BY ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT DOES NOT
REQUIRE A MASTER PLAN AMENDMENT PURSUANT TO SECTION TWO HUNDRED THIRTY-
SEVEN OF THIS PART, OR CHARTER AMENDMENT PURSUANT TO SECTION TWO HUNDRED
SIXTEEN OF THIS PART, OR LEAD TO PROFESSIONAL LICENSURE AND THAT IS
APPROVED BY THE STATE UNIVERSITY BOARD OF TRUSTEES, THE CITY UNIVERSITY
BOARD OF TRUSTEES, OR THE TRUSTEES OR GOVERNING BODY OF ANY OTHER NOT-
FOR-PROFIT COLLEGE OR UNIVERSITY CHARTERED BY THE REGENTS WHICH (1) HAS
MAINTAINED A PHYSICAL PRESENCE IN NEW YORK STATE FOR THE IMMEDIATELY
PRECEDING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE SAME
GOVERNING CORPORATE ENTITY DURING THE SAME IMMEDIATELY PRECEDING TEN
YEAR PERIOD AND (2) IS ACCREDITED AND HAS CONTINUED IN ACCREDITATION BY
THE MIDDLE STATES COMMISSION ON HIGHER EDUCATION ("MSCHE") OR THE
DEPARTMENT FOR THE IMMEDIATELY PRECEDING TEN YEARS, SHALL BE DEEMED
REGISTERED WITH THE DEPARTMENT WITHIN THIRTY DAYS OF NOTIFICATION OF
APPROVAL. IF THE COLLEGE OR UNIVERSITY IS PLACED ON PROBATION OR HAS ITS
ACCREDITATION TERMINATED BY MSCHE, SUCH COLLEGE OR UNIVERSITY SHALL
NOTIFY THE REGENTS IN WRITING NO LATER THAN THIRTY DAYS AFTER BEING
FORMALLY INFORMED OF ITS PROBATION OR LOSS OF ACCREDITATION BY MSCHE. IF
A COLLEGE OR UNIVERSITY HAS ITS ACCREDITATION PLACED ON PROBATION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01768-01-9
S. 3071 2
TERMINATED BY THE MSCHE OR THE EDUCATION DEPARTMENT THE COLLEGE OR
UNIVERSITY SHALL BE SUBJECT TO THE COMMISSIONER'S PROGRAM APPROVAL IT
HAD BEEN REMOVED FROM PROBATION OR REGAINED ACCREDITATION BY MSCHE OR
THE EDUCATION DEPARTMENT, AND SHALL REMAIN SUBJECT TO SUCH COMMISSION-
ER'S PROGRAM APPROVAL UNTIL IT HAS CONTINUED IN ACCREDITATION AND WITH-
OUT PROBATION FOR A PERIOD OF NOT LESS THAN SIX YEARS. IF A COLLEGE OR
UNIVERSITY SUBJECT TO THIS SECTION INTENDS TO OFFER OR INSTITUTE AN
ADDITIONAL DEGREE OR PROGRAM WHICH CONSTITUTES A "SUBSTANTIVE CHANGE,"
AS DEFINED AND DETERMINED BY MSCHE, THEN THE COLLEGE OR UNIVERSITY SHALL
PROVIDE THE COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER DOCUMENTS
FILED WITH MSCHE AS PART OF MSCHE'S SUBSTANTIVE CHANGE REVIEW PROCESS
AND SHALL INFORM THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS
APPROVED. ANY SUCH COLLEGE OR UNIVERSITY THAT DOES NOT SATISFY ALL OF
THE PROVISIONS OF THIS SECTION SHALL COMPLY WITH THE PROCEDURES AND
CRITERIA ESTABLISHED BY THE REGENTS AND COMMISSIONER FOR ACADEMIC
PROGRAM APPROVAL. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE
DEPARTMENT'S EXISTING AUTHORITY TO ACT ON COMPLAINTS CONCERNING THE
INSTITUTION, INCLUDING THE AUTHORITY TO DE-REGISTER THE PROGRAM.
§ 2. This act shall take effect immediately.