Assembly Bill A10435B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10435
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend  the  education  law,  in relation to authorizing and
   directing the commissioner of  education  establish  rules  and  regu-
   lations for a college or university seeking to cease operations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 63 to read as follows:
   63. THE COMMISSIONER IS AUTHORIZED AND DIRECTED  TO  PROMULGATE  RULES
 AND  REGULATIONS THAT SHALL ESTABLISH AN ORDERLY PROCESS FOR THE CLOSURE
 OF A COLLEGE OR UNIVERSITY. SUCH RULES AND  REGULATIONS  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   (A)  ANY DECISION TO CEASE OPERATIONS AT A COLLEGE OR UNIVERSITY SHALL
 BE MADE PUBLIC AND DISCLOSED AT LEAST ONE YEAR  PRIOR  TO  THE  PROPOSED
 CLOSING DATE;
   (B)  ANY  COLLEGE OR UNIVERSITY CEASING OPERATIONS SHALL HOLD AT LEAST
 THREE PUBLIC MEETINGS TO ADDRESS CONCERNS FROM STUDENTS, FACULTY, STAFF,
 AND THE LOCAL COMMUNITY;
   (C) ANY COLLEGE OR UNIVERSITY CEASING OPERATIONS SHALL PROVIDE  NOTICE
 TO  SUCH COLLEGE OR UNIVERSITY'S ACCREDITING AGENCY AT LEAST NINE MONTHS
 PRIOR TO THE PROPOSED CLOSING DATE;
   (D) ANY COLLEGE OR UNIVERSITY CEASING OPERATIONS SHALL PROVIDE DETAILS
 ON TEACH OUT PLANS OR TRANSFER AGREEMENTS TO ENROLLED STUDENTS AT  LEAST
 SIX MONTHS PRIOR TO THE PROPOSED CLOSING DATE;
   (E) ANY COLLEGE OR UNIVERSITY CEASING OPERATIONS SHALL PROVIDE DETAILS
 ON  ANY  PLANS TO SELL, TRANSFER, OR UTILIZE CAMPUS RESOURCES, INCLUDING
 BUT NOT LIMITED TO BUILDINGS, GROUNDS, AND FACILITIES TO  LOCAL  GOVERN-
 MENTS AT LEAST SIX MONTHS PRIOR TO THE PROPOSED CLOSING DATE; AND
   (F) ANY COLLEGE OR UNIVERSITY CEASING OPERATIONS THAT SHARES RESPONSI-
 BILITY  FOR OR PROVIDES SHARED SERVICES TO LOCAL GOVERNMENTS OR AGENCIES
 FOR PROGRAMS OR PHYSICAL OPERATIONS SHALL DEVELOP A TRANSITION PLAN WITH
 THE RELEVANT PARTNER AT LEAST FOUR MONTHS PRIOR TO THE PROPOSED  CLOSING
 DATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06832-01-5
 A. 10435                            2
 
   §  2. This act shall take effect one year 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10435--A
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on  Higher  Education  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  education  law,  in  relation  to  authorizing  and
   directing  the  commissioner  of  education  establish rules and regu-
   lations for a college or university seeking to cease operations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 63 to read as follows:
   63.  THE  COMMISSIONER  IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
 AND REGULATIONS THAT SHALL ESTABLISH AN ORDERLY PROCESS FOR THE  CLOSURE
 OF  A  COLLEGE  OR UNIVERSITY. SUCH RULES AND REGULATIONS SHALL INCLUDE,
 BUT NOT BE LIMITED TO:
   (A) ANY DECISION TO CEASE OPERATIONS AT A COLLEGE OR UNIVERSITY  SHALL
 BE  MADE  PUBLIC  AND  DISCLOSED AT LEAST ONE YEAR PRIOR TO THE PROPOSED
 CLOSING DATE;
   (B) ANY COLLEGE OR UNIVERSITY CEASING OPERATIONS SHALL PROVIDE DETAILS
 ON ANY PLANS TO SELL, TRANSFER, OR UTILIZE CAMPUS  RESOURCES,  INCLUDING
 BUT  NOT  LIMITED TO BUILDINGS, GROUNDS, AND FACILITIES TO LOCAL GOVERN-
 MENTS AT LEAST SIX MONTHS PRIOR TO THE PROPOSED CLOSING DATE, OR AS MUCH
 AS IS PRACTICAL; AND
   (C) ANY COLLEGE OR UNIVERSITY CEASING OPERATIONS THAT SHARES RESPONSI-
 BILITY FOR OR PROVIDES SHARED SERVICES TO LOCAL GOVERNMENTS OR  AGENCIES
 FOR PROGRAMS OR PHYSICAL OPERATIONS SHALL DEVELOP A TRANSITION PLAN WITH
 THE  RELEVANT PARTNER AT LEAST FOUR MONTHS PRIOR TO THE PROPOSED CLOSING
 DATE, OR AS MUCH AS IS PRACTICAL.
   § 2. This act shall take effect one year 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06832-02-6