Assembly Bill A2372

2023-2024 Legislative Session

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

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Current 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

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2023-A2372 (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Add §239-c, amd §§5003, 5007 & 5002, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8170
2021-2022: A2364

2023-A2372 (ACTIVE) - Summary

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

2023-A2372 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2372
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 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 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)
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06326-01-3
              

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