senate Bill S5581A

2019-2020 Legislative Session

Establishes the Non-Degree Proprietary School Supervision and Student Protection Act

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 28, 2019 print number 5581a
May 28, 2019 amend and recommit to rules
May 14, 2019 reported and committed to rules
May 07, 2019 referred to higher education

Votes

view votes

May 14, 2019 - Higher Education committee Vote

S5581
5
2
committee
5
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 14, 2019

nay (2)
aye wr (4)

S5581 - Details

See Assembly Version of this Bill:
A8170
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §239-c, amd §§5003, 5007 & 5002, Ed L

S5581 - Summary

Establishes the Non-Degree Proprietary School Supervision and Student Protection Act.

S5581 - Sponsor Memo

S5581 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5581

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 7, 2019
                               ___________

Introduced  by Sen. STAVISKY -- 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 enacting the  "Non-De-
  gree Proprietary School Supervision and Student Protection Act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the  "Non-Degree  Proprietary  School Supervision and Student Protection
Act".
  § 2. The education law is amended by adding a  new  section  239-c  to
read as follows:
  §  239-C.    ARBITRATION CLAUSES IN PROPRIETARY INSTITUTION ENROLLMENT
CONTRACTS. NO PROPRIETARY INSTITUTION OF HIGHER EDUCATION SHALL  INCLUDE
ANY  PROVISION  REQUIRING  ARBITRATION OF DISPUTES REGARDING ANY STUDENT
ENROLLMENT CONTRACT OR AGREEMENT.
  § 3. Subparagraphs 1 and 2 of paragraph c of subdivision 1 of  section
5003  of  the  education  law,  as amended by chapter 381 of the laws of
2012, are amended to read as follows:
  (1) Any person who  believes  he  or  she  has  been  aggrieved  by  a
violation  of  this section, except a person aggrieved by the actions or
omissions of a candidate school, shall have the right to file a  written
complaint  within:  (A) [two] SIX years of the alleged violation; or (B)
one year of receiving notification from the  higher  education  services
corporation or any other guarantee agency that the student has defaulted
on  a student loan payment[; provided, however, that no complaint may be
filed after three years from the date of  the  alleged  violation].  The
commissioner  shall  maintain a written record of each complaint that is
made. The commissioner  shall  also  send  to  the  complainant  a  form
acknowledging the complaint and requesting further information if neces-
sary  and  shall  advise the director of the school that a complaint has
been made and, where appropriate the nature of the complaint.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S5581A (ACTIVE) - Details

See Assembly Version of this Bill:
A8170
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Add §239-c, amd §§5003, 5007 & 5002, Ed L

S5581A (ACTIVE) - Summary

Establishes the Non-Degree Proprietary School Supervision and Student Protection Act.

S5581A (ACTIVE) - Sponsor Memo

S5581A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5581--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 7, 2019
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably from said committee and committed to the Committee
  on Rules -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the education law, in relation to enacting the "Non-De-
  gree Proprietary School Supervision and Student Protection Act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Non-Degree Proprietary School Supervision  and  Student  Protection
Act".
  §  2.  The  education  law is amended by adding a new section 239-c to
read as follows:
  § 239-C.  ARBITRATION CLAUSES IN  PROPRIETARY  INSTITUTION  ENROLLMENT
CONTRACTS.  1.  NO  PROPRIETARY  INSTITUTION  OF  HIGHER EDUCATION SHALL
INCLUDE  ANY  PROVISION  REQUIRING  MANDATORY  BINDING  ARBITRATION   OF
DISPUTES REGARDING ANY STUDENT ENROLLMENT CONTRACT OR AGREEMENT.
  2.  FOR  PURPOSES  OF THIS SECTION, "PROPRIETARY INSTITUTION" SHALL BE
DEFINED AS ANY LICENSED PRIVATE CAREER SCHOOL, CERTIFIED  ENGLISH  AS  A
SECOND  LANGUAGE  SCHOOL,  OR ONLINE EDUCATION MARKETPLACE AS DEFINED IN
PARAGRAPH C OF SUBDIVISION ONE OF SECTION  FIVE  THOUSAND  ONE  OF  THIS
CHAPTER  OR ANY APPROVED FOR-PROFIT DEGREE-GRANTING INSTITUTION PURSUANT
TO THE DEPARTMENT.
  § 3. Subparagraphs 1 and 2 of paragraph c of subdivision 1 of  section
5003  of  the  education  law,  as amended by chapter 381 of the laws of
2012, are amended to read as follows:
  (1) Any person who  believes  he  or  she  has  been  aggrieved  by  a
violation  of  this section, except a person aggrieved by the actions or
omissions of a candidate school, shall have the right to file a  written
complaint  within:  (A) [two] SIX years of the alleged violation; or (B)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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