S T A T E   O F   N E W   Y O R K
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                                   9363
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to early decision  admis-
   sions data for higher education institutions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Title 7 of the education law is amended  by  adding  a  new
 article 129-C to read as follows:
                               ARTICLE 129-C
     EARLY DECISION ADMISSIONS DATA FOR HIGHER EDUCATION INSTITUTIONS
 
 SECTION 6450. EARLY DECISION ADMISSIONS DATA FOR HIGHER EDUCATION INSTI-
                  TUTIONS.
   §  6450.  EARLY  DECISION  ADMISSIONS DATA FOR HIGHER EDUCATION INSTI-
 TUTIONS. 1. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ACCEPTANCE RATE" SHALL MEAN THE PERCENTAGE OF APPLICANTS A HIGHER
 EDUCATION  INSTITUTION ACCEPTS, COMPUTED BY DIVIDING THE ACCEPTED NUMBER
 OF APPLICANTS BY THE TOTAL NUMBER OF  APPLICANTS  AND  MULTIPLYING  SUCH
 QUOTIENT BY ONE HUNDRED.
   (B) "ACADEMIC YEAR" SHALL BE AS DEFINED IN SUBDIVISION FIVE OF SECTION
 SIX HUNDRED FIFTY-ONE OF THIS CHAPTER.
   (C)  "DROP-DOWN  MENU" SHALL REFER TO A GRAPHICAL CONTROL ELEMENT THAT
 ALLOWS A USER OF A WEBSITE TO CHOOSE ONE VALUE FROM A LIST.
   (D) "EARLY ACTION" SHALL MEAN AN ADMISSIONS PLAN THAT ALLOWS A STUDENT
 TO APPLY AT AN EARLIER STAGE OF THE ADMISSIONS PROCESS  AND  RECEIVE  AN
 EXPEDITED  ADMISSIONS  DECISION  BUT  DOES  NOT  REQUIRE SUCH STUDENT TO
 COMMIT TO ATTEND SUCH INSTITUTION UPON RECEIVING A  DECISION  OF  ADMIT-
 TANCE.
   (E)  "EARLY  DECISION"  SHALL  MEAN  AN  ADMISSIONS PLAN THAT ALLOWS A
 STUDENT TO APPLY AT AN  EARLIER  STAGE  OF  THE  ADMISSION  PROCESS  AND
 RECEIVE  AN  EXPEDITED ADMISSIONS DECISION THAT REQUIRES SUCH STUDENT TO
 COMMIT TO ATTEND A HIGHER EDUCATION INSTITUTION SHOULD SUCH  STUDENT  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13406-07-4
              

 A. 9363                             2
 
 ADMITTED  AND  TO WITHDRAW ALL OTHER APPLICATIONS TO OTHER HIGHER EDUCA-
 TION INSTITUTIONS. EARLY DECISION SHALL NOT INCLUDE EARLY ACTION.
   (F)  "ESTIMATED  COST  OF ATTENDANCE" SHALL MEAN THE TOTAL AMOUNT, NOT
 INCLUDING GRANTS AND SCHOLARSHIPS, THAT IT  COSTS  TO  ATTEND  A  HIGHER
 EDUCATION  INSTITUTION, WHICH MAY INCLUDE, AMONG OTHER EXPENSES, TUITION
 AND FEES, HOUSING AND MEALS, ALLOWANCES FOR BOOKS, SUPPLIES, AND  TRANS-
 PORTATION, AND DEPENDENT CARE.
   (G)  "FEDERAL  PELL  GRANT"  SHALL  REFER  TO  THE GRANTS DISBURSED TO
 STUDENTS PURSUANT TO 20 U.S.C. § 1070.
   (H) "FULL FINANCIAL NEED" SHALL MEAN THAT THE AID A  STUDENT  RECEIVES
 FROM THE HIGHER EDUCATION INSTITUTION FULLY COVERS THE ESTIMATED COST OF
 ATTENDANCE.
   (I)  "GENERAL  ADMISSION"  SHALL  MEAN  AN  ADMISSIONS  PLAN FOR WHICH
 STUDENTS DO NOT APPLY AT AN EARLIER STAGE OF THE ADMISSIONS PROCESS  AND
 RECEIVE  AN  EXPEDITED  ADMISSIONS DECISION. GENERAL ADMISSION SHALL NOT
 INCLUDE EARLY ACTION.
   (J) "HIGHER EDUCATION INSTITUTION" SHALL MEAN ANY  FOUR-YEAR  INSTITU-
 TION  GIVEN  THE  POWER TO CONFER UNDERGRADUATE DEGREES IN THIS STATE BY
 THE BOARD OF REGENTS AS PROVIDED IN SECTION TWO HUNDRED EIGHTEEN OF THIS
 CHAPTER BUT SHALL NOT INCLUDE INSTITUTIONS OFFERING CAREER EDUCATION, AS
 DEFINED IN SUBDIVISION TWENTY-FOUR  OF  SECTION  TWO  OF  THIS  CHAPTER,
 PROFESSIONAL  AND/OR  TECHNICAL  SCHOOLS,  OR EDUCATIONAL WORK CONNECTED
 WITH LIBRARIES, MUSEUMS, UNIVERSITY AND  EDUCATIONAL  EXTENSION  COURSES
 AND SIMILAR AGENCIES.
   (K)  "INCOME"  SHALL REFER TO THE ADJUSTED GROSS INCOME USED TO DETER-
 MINE THE AMOUNT OF FEDERAL PELL GRANT PAID BY THE SECRETARY OF EDUCATION
 UNDER 20 U.S.C. § 1070A OR OTHERWISE REPORTED TO  THE  HIGHER  EDUCATION
 INSTITUTION.
   (L)  "INDEPENDENT"  SHALL REFER TO A HIGH SCHOOL THAT DOES NOT RECEIVE
 PUBLIC FUNDING AND IS GOVERNED BY A BOARD OF GOVERNORS OR TRUSTEES.
   (M) "PRIVATE" SHALL REFER TO A  HIGH  SCHOOL  THAT  DOES  NOT  RECEIVE
 PUBLIC FUNDING.
   (N)  "TYPE  OF  ADMISSION  PLAN"  SHALL REFER TO EARLY DECISION, EARLY
 ACTION, AND GENERAL ADMISSION.
   2. REQUIREMENT FOR DATA REPORTING. ALL HIGHER  EDUCATION  INSTITUTIONS
 IN  THIS  STATE WHO EMPLOY EARLY DECISION ADMISSIONS SHALL REPORT TO THE
 COMMISSIONER, ON OR BEFORE THE FIRST OF JULY OF EACH YEAR, THE FOLLOWING
 DATA:
   (A) THE DEADLINES BY WHICH PROSPECTIVE STUDENTS MUST APPLY  FOR  EARLY
 DECISION, EARLY ACTION, AND/OR GENERAL ADMISSION AT THE INSTITUTION;
   (B)  THE  TIMELINES  WHEN EARLY DECISION, EARLY ACTION, AND/OR GENERAL
 ADMISSION PROSPECTIVE STUDENTS CAN GENERALLY EXPECT TO RECEIVE AN ADMIS-
 SIONS DECISION FROM THE INSTITUTION;
   (C) THE OVERALL ACCEPTANCE RATE FOR FIRST-YEAR STUDENTS IN  THE  PRIOR
 ACADEMIC YEAR, INCLUDING TOTAL NUMBER OF APPLICATIONS RECEIVED;
   (D)  THE ACCEPTANCE RATE FOR EARLY DECISION, EARLY ACTION, AND GENERAL
 ADMISSIONS FOR FIRST-YEAR STUDENTS IN THE PRIOR ACADEMIC YEAR, INCLUDING
 TOTAL NUMBER OF APPLICATIONS RECEIVED FOR EACH TYPE OF  ADMISSIONS  PLAN
 AND  DISAGGREGATED BY TYPE OF ADMISSION PLAN SUCH STUDENTS WERE ACCEPTED
 UNDER;
   (E) THE NUMBER AND PERCENTAGE OF FIRST-YEAR  STUDENTS  ADMITTED  EARLY
 DECISION,    EARLY  ACTION, AND GENERAL ADMISSIONS IN THE PRIOR ACADEMIC
 YEAR, DISAGGREGATED  BY  TYPE  OF  ADMISSION  PLAN  SUCH  STUDENTS  WERE
 ACCEPTED UNDER;
 A. 9363                             3
 
   (F)  THE RACIAL AND/OR ETHNIC IDENTITY OF ALL PROSPECTIVE STUDENTS WHO
 APPLIED FOR THE FIRST-YEAR CLASS OF THE PRIOR ACADEMIC YEAR, AS REPORTED
 BY SUCH STUDENTS;
   (G)  THE  RACIAL  AND/OR ETHNIC IDENTITY OF ALL FIRST-YEAR STUDENTS OF
 THE PRIOR ACADEMIC YEAR, AS REPORTED BY SUCH STUDENTS, WHO WERE ACCEPTED
 UNDER AN EARLY DECISION, EARLY ACTION, OR GENERAL  ADMISSIONS  PLAN,  BY
 NUMBER AND PERCENTAGE, AND DISAGGREGATED BY TYPE OF ADMISSIONS PLAN SUCH
 STUDENTS WERE ACCEPTED UNDER;
   (H)  HOW  MANY  FIRST-YEAR  STUDENTS, BY NUMBER AND PERCENTAGE, OF THE
 PRIOR ACADEMIC YEAR RECEIVED FEDERAL PELL GRANTS, DISAGGREGATED BY  TYPE
 OF ADMISSION PLAN SUCH STUDENTS WERE ACCEPTED UNDER;
   (I)  THE AMOUNT OF FINANCIAL AID DISBURSED FOR THE FIRST-YEAR STUDENTS
 OF THE PRIOR ACADEMIC YEAR, DISAGGREGATED BY TYPE OF ADMISSION PLAN SUCH
 STUDENTS WERE ACCEPTED UNDER;
   (J) AVERAGE FINANCIAL AID DISBURSED FOR THE FIRST-YEAR STUDENTS OF THE
 PRIOR ACADEMIC YEAR,  DISAGGREGATED  BY  TYPE  OF  ADMISSION  PLAN  SUCH
 STUDENTS WERE ACCEPTED UNDER;
   (K) WHETHER FULL FINANCIAL NEED WAS MET FOR FIRST-YEAR STUDENTS OF THE
 PRIOR ACADEMIC YEAR ADMITTED EARLY DECISION;
   (L)  THE MEDIAN AND AVERAGE INCOME OF FIRST-YEAR STUDENTS OF THE PRIOR
 ACADEMIC YEAR, DISAGGREGATED BY TYPE OF  ADMISSION  PLAN  SUCH  STUDENTS
 WERE ACCEPTED UNDER;
   (M)  HOW  MANY  FIRST-YEAR  STUDENTS, BY NUMBER AND PERCENTAGE, OF THE
 PRIOR ACADEMIC YEAR ATTENDED A PUBLIC, CHARTER, PRIVATE, OR  INDEPENDENT
 HIGH  SCHOOL,  OR  WERE HOMESCHOOLED, DISAGGREGATED BY TYPE OF ADMISSION
 PLAN SUCH STUDENTS WERE ACCEPTED UNDER;
   (N) HOW MANY FIRST-YEAR STUDENTS, BY NUMBER  AND  PERCENTAGE,  OF  THE
 PRIOR  ACADEMIC  YEAR ATTENDED HIGH SCHOOL IN THIS STATE, ANOTHER STATE,
 DISTRICT, OR TERRITORY OF THE UNITED STATES, OR ANOTHER  NATION,  DISAG-
 GREGATED  BY  TYPE  OF ADMISSION PLAN SUCH STUDENTS WERE ACCEPTED UNDER;
 AND
   (O) A DETAILED DESCRIPTION OF A PROSPECTIVE  STUDENT'S  COMMITMENT  TO
 THE INSTITUTION UPON APPLYING EARLY DECISION, INCLUDING POTENTIAL CONSE-
 QUENCES,  IF  ANY,  IF SUCH STUDENT RESCINDS UPON A COMMITMENT TO ATTEND
 SUCH INSTITUTION AFTER RECEIVING A DECISION OF ADMITTANCE.
   3. REQUIREMENT FOR DATA PUBLISHING. (A) THE COMMISSIONER SHALL, ON  OR
 BEFORE  THE  FIRST  OF SEPTEMBER OF EACH YEAR, PUBLISH THE DATA REQUIRED
 UNDER SUBDIVISION TWO OF THIS SECTION IN A CLEAR AND PROMINENT  LOCATION
 ON THE DEPARTMENT'S WEBSITE.
   (B) THE COMMISSIONER SHALL ENSURE THAT A USER OF SUCH WEBSITE IS EASI-
 LY  ABLE  TO ACCESS THE COLLEGE ADMISSIONS DATA DESCRIBED IN SUBDIVISION
 TWO OF THIS SECTION FOR EACH HIGHER EDUCATION INSTITUTION WHICH  REPORTS
 SUCH DATA VIA A DROP-DOWN MENU ON SUCH WEBSITE.
   4.  PENALTIES.  (A)  ANY  HIGHER  EDUCATION  INSTITUTION DEEMED BY THE
 COMMISSIONER TO WILLFULLY VIOLATE THE PROVISIONS OF THIS  SECTION  SHALL
 BE SUBJECT TO A CIVIL PENALTY EQUIVALENT TO TEN PERCENT OF STATE AID, AS
 PROVIDED  IN  SECTION  SIX THOUSAND TWO HUNDRED TWENTY-ONE OF THIS TITLE
 FOR SENIOR COLLEGES OF THE CITY UNIVERSITY OF NEW YORK, ARTICLE EIGHT OF
 THIS TITLE FOR THE STATE UNIVERSITY OF NEW YORK, AND SECTION  SIX  THOU-
 SAND FOUR HUNDRED ONE OF THIS TITLE FOR CERTAIN INDEPENDENT INSTITUTIONS
 OF HIGHER EDUCATION, RECEIVED IN THE PRIOR FISCAL YEAR.
   (B)  THE  COMMISSIONER  SHALL  MAINTAIN  THE  DISCRETION TO PROVIDE AN
 OPPORTUNITY FOR A HIGHER EDUCATION INSTITUTION TO CURE  A  VIOLATION  OF
 THIS SECTION BEFORE LEVYING THE FINES DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION.
 A. 9363                             4
 
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to academic years  commencing  on  and
 after  such  date. 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.