NY State Senate Bill 2025-S3076

Current Bill Status - In Senate Committee Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	referred to higher education

2025-S3076 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 25 §§1301 - 1306, Ed L

2025-S3076 (ACTIVE) - Summary

Enacts the "higher education closure advanced notice act"; requires an institution of higher education to provide notice of an order of closure that can be reasonably expected to cause an interruption in the continuity of a program of higher education for affected students at least ninety days before such order of closure takes effect; provides exceptions where an institution of higher education is not required to provide notice of such an order of closure at least ninety days before such order of closure takes effect; provides for a civil penalty for violations.

2025-S3076 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3076

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting the "higher
education closure advanced notice act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish notification requirements for institutions of higher educa-
tion planning to close operations to ensure minimal disruption to
students, employees, and the community.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the education law by adding a new Article 25, the
"Higher Education Closure Advanced Notice Act," including the following
provisions:

Section 1301: Names the act as the "Higher Education Closure Advanced
Notice Act."

Section 1302: Defines terms such as "affected students," "institution of
higher education," and "closure."

Section 1303: Requires institutions of higher education to provide at
least 90 days' notice of closure to affected students, the Department of
Education, and local workforce boards. Notification methods include
certified mail or electronic communication.

Section 1304: Provides exceptions to the notice requirement in cases of
natural disasters, acts of terrorism, or other emergencies. In such
cases, the institution must provide as much notice as practicable.

Section 1305: Grants the Commissioner of Education authority to investi-
gate violations, prescribe regulations, and conduct administrative hear-
ings.

Section 1306: Imposes civil penalties on institutions that fail to
provide proper notice, with a daily fine of up to $500 for noncompli-
ance.

Section 2: Establishes an effective date of 180 days after the legis-
lation becomes law.

 
JUSTIFICATION:

The unexpected closure of higher education institutions can have devas-
tating consequences for students, faculty, and staff.  Students risk
interruptions to their education and financial loss, while employees and
local economies face significant challenges. This legislation seeks to
protect stakeholders by ensuring that institutions provide timely notice
of closure, allowing students to make alternative arrangements and mini-
mizing adverse impacts on the community. By establishing clear guide-
lines and penalties, this bill promotes accountability and safeguards
public trust in higher education.

 
PRIOR LEGISLATIVE HISTORY:
New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one-hundred-eightieth day after it
becomes law.

2025-S3076 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3076
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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  "higher
   education closure advanced notice act"
 
   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 article 25  to
 read as follows:
 
                                 ARTICLE 25
               HIGHER EDUCATION CLOSURE ADVANCED NOTICE ACT
 
 SECTION 1301. SHORT TITLE.
         1302. DEFINITIONS.
         1303. NOTICE.
         1304. EXCEPTIONS.
         1305. POWERS OF THE COMMISSIONER.
         1306. CIVIL PENALTY.
   § 1301. SHORT  TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "HIGHER EDUCATION CLOSURE ADVANCED NOTICE ACT".
   § 1302. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AFFECTED  STUDENTS" MEANS ENROLLED STUDENTS WHO MAY REASONABLY BE
 EXPECTED TO EXPERIENCE  AN  INTERRUPTION  IN  THE  CONTINUITY  OF  THEIR
 PROGRAM OF HIGHER EDUCATION AS A CONSEQUENCE OF A PROPOSED CLOSURE OF AN
 INSTITUTION OF HIGHER EDUCATION BY SUCH INSTITUTION.
   2.  "INTERRUPTION  IN THE CONTINUITY OF A PROGRAM OF HIGHER EDUCATION"
 MEANS  A  BREAK  IN  CONTINUOUS  SEMESTER-TO-SEMESTER  ENROLLMENT  IN  A
 DEGREE-BEARING PROGRAM THAT COULD BE REASONABLY EXPECTED TO OCCUR IF THE
 INSTITUTION OF HIGHER EDUCATION AT WHICH A STUDENT IS ENROLLED CEASES TO
 OFFER EDUCATIONAL INSTRUCTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07297-01-5

 S. 3076                             2
 
   3.  "INSTITUTION  OF  HIGHER  EDUCATION"  MEANS ANY BUSINESS OR PUBLIC
 ENTITY OR NOT-FOR-PROFIT ORGANIZATION  OFFERING  INSTRUCTION  IN  HIGHER
 EDUCATION AS DEFINED BY SUBDIVISION EIGHT OF SECTION TWO OF THIS TITLE.
   4. "CLOSURE" MEANS A CEASING OF OFFERING OF EDUCATIONAL INSTRUCTION BY
 AN INSTITUTION OF HIGHER EDUCATION.
   § 1303. NOTICE.  1. AN INSTITUTION OF HIGHER EDUCATION SHALL NOT ORDER
 A CLOSURE THAT CAN BE REASONABLY EXPECTED TO CAUSE  AN  INTERRUPTION  IN
 THE  CONTINUITY  OF  A PROGRAM OF HIGHER EDUCATION FOR AFFECTED STUDENTS
 UNLESS, AT LEAST NINETY DAYS BEFORE SUCH ORDER TAKES EFFECT, SUCH INSTI-
 TUTION OF HIGHER EDUCATION GIVES WRITTEN NOTICE OF  SUCH  ORDER  TO  THE
 FOLLOWING:
   (A) AFFECTED STUDENTS;
   (B) THE DEPARTMENT; AND
   (C)  THE LOCAL WORKFORCE INVESTMENT BOARDS ESTABLISHED PURSUANT TO THE
 FEDERAL WORKFORCE INVESTMENT ACT (P.L.  105-220)  FOR  THE  LOCALITY  IN
 WHICH THE CLOSURE WILL OCCUR.
   2.  THE  MAILING OF NOTICE TO AN AFFECTED STUDENT'S LAST KNOWN ADDRESS
 BY EITHER FIRST CLASS OR CERTIFIED MAIL OR  NOTIFICATION  BY  ELECTRONIC
 MAIL  SHALL  BE  CONSIDERED  ACCEPTABLE  METHODS  FOR FULFILLMENT OF THE
 INSTITUTION OF HIGHER EDUCATION'S OBLIGATION  TO  GIVE  NOTICE  TO  EACH
 AFFECTED STUDENT UNDER SUBDIVISION ONE OF THIS SECTION.
   § 1304. EXCEPTIONS. 1. NOTWITHSTANDING THE REQUIREMENTS OF SUBDIVISION
 ONE  OF SECTION THIRTEEN HUNDRED THREE OF THIS ARTICLE THAT NOTICE OF AN
 ORDER OF CLOSURE BE PROVIDED AT LEAST  NINETY  DAYS  BEFORE  SUCH  ORDER
 TAKES  EFFECT,  AN INSTITUTION OF HIGHER EDUCATION SHALL NOT BE REQUIRED
 TO PROVIDE SUCH NOTICE AT LEAST NINETY DAYS BEFORE AN ORDER  OF  CLOSURE
 TAKES EFFECT WHERE:
   (A) SUCH CLOSURE IS NECESSITATED BY:
   (I) A PHYSICAL CALAMITY OR AN ACT OF TERRORISM OR WAR; OR
   (II) ANY FORM OF NATURAL DISASTER; OR
   (B) AT THE TIME SUCH NOTICE WOULD HAVE BEEN REQUIRED:
   (I) SUCH INSTITUTION OF HIGHER EDUCATION WAS ACTIVELY SEEKING CAPITAL;
   (II)  SUCH CAPITAL SOUGHT, IF OBTAINED, WOULD HAVE ENABLED SUCH INSTI-
 TUTION OF HIGHER EDUCATION TO AVOID OR POSTPONE SUCH CLOSURE; AND
   (III) SUCH INSTITUTION OF HIGHER  EDUCATION  REASONABLY  AND  IN  GOOD
 FAITH  BELIEVED  THAT  GIVING  THE NOTICE REQUIRED BY SUBDIVISION ONE OF
 SECTION THIRTEEN HUNDRED THREE OF THIS ARTICLE WOULD HAVE PRECLUDED SUCH
 INSTITUTION FROM OBTAINING THE NEEDED CAPITAL.
   2. WHERE AN INSTITUTION OF HIGHER EDUCATION IS NOT REQUIRED TO PROVIDE
 NOTICE OF AN ORDER OF CLOSURE AT LEAST NINETY  DAYS  BEFORE  SUCH  ORDER
 TAKES EFFECT AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, SUCH INSTI-
 TUTION  OF HIGHER EDUCATION SHALL PROVIDE AS MUCH NOTICE AS IS PRACTICA-
 BLE AND AT THE TIME SUCH NOTICE IS PROVIDED SHALL ALSO PROVIDE  A  BRIEF
 STATEMENT OF THE BASIS FOR SUCH REDUCED NOTIFICATION PERIOD.
   § 1305. POWERS   OF   THE  COMMISSIONER.  1.  THE  COMMISSIONER  SHALL
 PRESCRIBE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY  TO  CARRY  OUT
 THE  PROVISIONS  OF THIS ARTICLE. SUCH RULES AND REGULATIONS SHALL, AT A
 MINIMUM, INCLUDE PROVISIONS THAT ALLOW THE PARTIES ACCESS TO ADMINISTRA-
 TIVE HEARINGS FOR ANY ACTIONS OF THE DEPARTMENT UNDER THIS ARTICLE.
   2. IN ANY INVESTIGATION OR PROCEEDING UNDER THIS ARTICLE, THE  COMMIS-
 SIONER  SHALL  HAVE, IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, THE
 AUTHORITY TO EXAMINE ANY INFORMATION OF AN INSTITUTION OF HIGHER  EDUCA-
 TION  NECESSARY  TO  DETERMINE  WHETHER  A VIOLATION OF THIS ARTICLE HAS
 OCCURRED, INCLUDING TO DETERMINE THE VALIDITY OF ANY DEFENSE.
   3. WHERE, AFTER AN ADMINISTRATIVE HEARING, THE COMMISSIONER DETERMINES
 THAT AN INSTITUTION OF HIGHER EDUCATION HAS VIOLATED ANY REQUIREMENT  OF
 S. 3076                             3
 
 THIS  ARTICLE  OR ANY RULE OR REGULATION PROMULGATED UNDER THIS ARTICLE,
 THE COMMISSIONER SHALL ISSUE AN ORDER WHICH SHALL INCLUDE ANY  PENALTIES
 ASSESSED  BY THE COMMISSIONER UNDER SECTION THIRTEEN HUNDRED SIX OF THIS
 ARTICLE.  UPON  THE ENTRY OF SUCH ORDER, ANY PARTY AGGRIEVED THEREBY MAY
 COMMENCE A PROCEEDING FOR THE REVIEW THEREOF PURSUANT TO ARTICLE  SEVEN-
 TY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES WITHIN THIRTY DAYS OF THE
 NOTICE OF THE FILING OF SUCH ORDER IN THE OFFICE  OF  THE  COMMISSIONER.
 SUCH PROCEEDING SHALL BE COMMENCED DIRECTLY IN THE APPELLATE DIVISION OF
 THE SUPREME COURT. WHERE SUCH ORDER IS NOT REVIEWED, OR WHERE SUCH ORDER
 IS  REVIEWED AND THE FINAL DECISION IS IN FAVOR OF THE COMMISSIONER, THE
 COMMISSIONER MAY FILE WITH THE COUNTY CLERK  OF  THE  COUNTY  WHERE  THE
 INSTITUTION  OF HIGHER EDUCATION RESIDES OR HAS A PLACE OF BUSINESS, THE
 ORDER OF THE COMMISSIONER CONTAINING THE AMOUNT FOUND  TO  BE  DUE.  THE
 FILING  OF SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT
 DULY DOCKETED IN THE OFFICE OF SUCH CLERK. SUCH ORDER MAY BE ENFORCED BY
 AND IN THE NAME OF THE COMMISSIONER IN THE SAME MANNER,  AND  WITH  LIKE
 EFFECT,  AS  THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE
 ENFORCEMENT OF A MONEY JUDGMENT.
   § 1306. CIVIL PENALTY. 1. AN  INSTITUTION  OF  HIGHER  EDUCATION  THAT
 FAILS  TO GIVE NOTICE AS REQUIRED BY SUBDIVISION ONE OF SECTION THIRTEEN
 HUNDRED THREE OF THIS ARTICLE, AND IS NOT SUBJECT TO AN EXCEPTION PURSU-
 ANT TO SECTION THIRTEEN HUNDRED FOUR OF THIS ARTICLE, SHALL  BE  SUBJECT
 TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY OF
 SUCH INSTITUTION OF HIGHER EDUCATION'S VIOLATION.
   2. WHERE AN INSTITUTION OF HIGHER EDUCATION PROVES TO THE SATISFACTION
 OF  THE COMMISSIONER THAT THE ACT OR OMISSION THAT VIOLATED THIS ARTICLE
 WAS IN GOOD FAITH AND THAT SUCH  INSTITUTION  OF  HIGHER  EDUCATION  HAD
 REASONABLE  GROUNDS  FOR  BELIEVING  THAT SUCH ACT OR OMISSION WAS NOT A
 VIOLATION OF THIS ARTICLE, THE COMMISSIONER MAY IN  SUCH  COMMISSIONER'S
 DISCRETION  REDUCE  THE  AMOUNT  OF  THE  PENALTY  PROVIDED  FOR IN THIS
 SECTION.  IN DETERMINING THE AMOUNT OF SUCH REDUCTION, THE  COMMISSIONER
 SHALL CONSIDER:
   (A) THE SIZE OF THE INSTITUTION OF HIGHER EDUCATION;
   (B) THE HARDSHIPS IMPOSED ON AFFECTED STUDENTS BY THE VIOLATIONS;
   (C) ANY EFFORTS BY THE INSTITUTION OF HIGHER EDUCATION TO MITIGATE THE
 VIOLATION; AND
   (D) THE GROUNDS FOR THE INSTITUTION OF HIGHER EDUCATION'S BELIEF.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S3076

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

2025-S3076 (ACTIVE) - Details

2025-S3076 (ACTIVE) - Summary

2025-S3076 (ACTIVE) - Sponsor Memo

2025-S3076 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3076

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Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Higher Education Committee

2025-S3076 (ACTIVE) - Details

2025-S3076 (ACTIVE) - Summary

2025-S3076 (ACTIVE) - Sponsor Memo

2025-S3076 (ACTIVE) - Bill Text download pdf

Comments