S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8389
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to  the  registration  of
   new curricula or programs of study offered by a not-for-profit college
   or university
 
   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. 1. 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, 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 (A)  HAS
 MAINTAINED  A PHYSICAL PRESENCE IN THE STATE FOR THE IMMEDIATELY PRECED-
 ING TEN YEARS AND HAS BEEN OPERATED CONTINUOUSLY BY THE  SAME  GOVERNING
 BODY  DURING  THE SAME IMMEDIATELY PRECEDING TEN-YEAR PERIOD, AND (B) IS
 ACCREDITED AND HAS CONTINUED ITS  ACCREDITATION  BY  THE  MIDDLE  STATES
 COMMISSION  ON  HIGHER  EDUCATION  OR  ANOTHER INSTITUTIONAL ACCREDITING
 AGENCY RECOGNIZED BY THE SECRETARY OF THE UNITED  STATES  DEPARTMENT  OF
 EDUCATION  OR  THE  DEPARTMENT  FOR THE IMMEDIATELY PRECEDING TEN YEARS,
 SHALL BE DEEMED REGISTERED WITH THE  DEPARTMENT  FORTY-FIVE  DAYS  AFTER
 NOTIFICATION  OF APPROVAL BY SUCH COLLEGE OR UNIVERSITY'S GOVERNING BODY
 AND SUBMISSION OF A COMPLETE APPLICATION FOR REVIEW.  IF  WITHIN  FORTY-
 FIVE DAYS OF SUBMISSION, THE DEPARTMENT DETERMINES THE NEW CURRICULUM OR
 PROGRAM OF STUDY TO BE INCOMPLETE OR INSUFFICIENT, A WRITTEN EXPLANATION
 SHALL BE PROVIDED TO THE INSTITUTION. UPON CURING, THE NEW CURRICULUM OR
 PROGRAM  OF  STUDY SHALL BE DEEMED REGISTERED WITH THE DEPARTMENT THIRTY
 DAYS AFTER RESUBMISSION, OR EARLIER UPON THE DEPARTMENT'S APPROVAL.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11286-01-1
 A. 8389                             2

   2. ANY NOT-FOR-PROFIT COLLEGE OR UNIVERSITY THAT  MEETS  THE  CRITERIA
 SET  FORTH IN SUBDIVISION ONE OF THIS SECTION WHICH HAS RECEIVED CURRIC-
 ULUM OR PROGRAM APPROVAL FROM THE DEPARTMENT AND SEEKS TO OFFER THE SAME
 CURRICULUM OR PROGRAM IN A DISTANCE LEARNING FORMAT SHALL  NOT  NEED  TO
 HAVE SUCH CURRICULUM OR PROGRAM RE-APPROVED BY THE DEPARTMENT, BUT SHALL
 INFORM  THE DEPARTMENT OF SUCH COLLEGE'S OR UNIVERSITY'S INTENT TO OFFER
 SUCH PROGRAM IN SUCH  FORMAT  WITHIN  THIRTY  DAYS  PRIOR  TO  PROVIDING
 DISTANCE LEARNING.
   3.  IF  A  COLLEGE  OR  UNIVERSITY  IS  PLACED ON PROBATION OR HAS ITS
 ACCREDITATION TERMINATED BY THE INSTITUTIONAL ACCREDITING  AGENCY,  SUCH
 COLLEGE  OR UNIVERSITY SHALL NOTIFY THE REGENTS IN WRITING NO LATER THAN
 THIRTY DAYS AFTER RECEIVING NOTICE OF ITS PROBATIONARY STATUS OR LOSS OF
 ACCREDITATION BY THE INSTITUTIONAL ACCREDITING AGENCY.
   4. ANY COLLEGE OR UNIVERSITY WHICH HAS  ITS  ACCREDITATION  PLACED  ON
 PROBATION  OR  TERMINATED BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE
 EDUCATION DEPARTMENT SHALL BE  SUBJECT  TO  THE  COMMISSIONER'S  PROGRAM
 APPROVAL  UNTIL  IT HAS BEEN REMOVED FROM PROBATION OR REGAINED ACCREDI-
 TATION BY THE INSTITUTIONAL ACCREDITING AGENCY OR THE EDUCATION  DEPART-
 MENT,  AND  SHALL  FURTHER REMAIN SUBJECT TO SUCH COMMISSIONER'S PROGRAM
 APPROVAL UNTIL IT HAS CONTINUED WITHOUT PROBATION FOR A  PERIOD  OF  NOT
 LESS THAN SIX YEARS.
   5. 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  THE  INSTITUTIONAL
 ACCREDITING  AGENCY,  THEN  SUCH COLLEGE OR UNIVERSITY SHALL PROVIDE THE
 COMMISSIONER WITH COPIES OF ANY REPORTS OR OTHER  DOCUMENTS  FILED  WITH
 THE  INSTITUTIONAL  ACCREDITING  AGENCY  AS  PART  OF  THE INSTITUTIONAL
 ACCREDITING AGENCY'S SUBSTANTIVE CHANGE REVIEW PROCESS AND SHALL  INFORM
 THE COMMISSIONER WHEN THE SUBSTANTIVE CHANGE IS APPROVED.
   6.  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 DEPART-
 MENT'S EXISTING AUTHORITY TO  INVESTIGATE  A  COMPLAINT  CONCERNING  THE
 INSTITUTION, OR ANY PROGRAM OFFERED, INCLUDING THE AUTHORITY TO DEREGIS-
 TER THE PROGRAM.
   7.  THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A DATABASE, ACCESSI-
 BLE TO INSTITUTIONS SEEKING CURRICULUM OR PROGRAM APPROVAL, WHICH  SHALL
 PROVIDE  UPDATED  INFORMATION  ON THE CURRENT STATUS OF AN INSTITUTION'S
 SUBMITTED REQUESTS.  TO  THE  EXTENT  PRACTICABLE,  THE  DATABASE  SHALL
 INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A) ACKNOWLEDGEMENT AND DATE OF RECEIPT OF SUBMISSION;
   (B)  THE  INITIAL REVIEW BY AN OFFICE OF COLLEGE AND UNIVERSITY EVALU-
 ATION;
   (C) QUESTIONS FROM THE DEPARTMENT  TO  THE  SPECIFIC  INSTITUTION  AND
 RECEIPT OF ANSWERS PROVIDED BY THE INSTITUTION IN RESPONSE; AND
   (D)  ANY REMARKS AND THE FINAL DECISION MADE BY THE DEPARTMENT REGARD-
 ING A CURRICULUM'S OR PROGRAM'S APPROVAL OR DISAPPROVAL.
   8. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.