NY State Senate Bill 2023-S3412

Senate Bill S3412

2023-2024 Legislative Session

Relates to the registration of new curricula or programs of study offered by a not-for-profit college or university

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Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to higher education
Jan 31, 2023	referred to higher education

co-Sponsors

2023-S3412 (ACTIVE) - Details

See Assembly Version of this Bill:: A3282
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §210-d, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6592, A8389
2025-2026: S610

2023-S3412 (ACTIVE) - Summary

Relates to the registration of new curricula or programs of study offered by a not-for-profit college or university; provides for the procedures to have such curricula or programs of study approved by the department of education.

2023-S3412 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3412

SPONSOR: STAVISKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL::

This bill would amend the education law to create an expedited program
approval process for programs and institutions that meet certain crite-
ria.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1. Amends the education law is by adding a new section 210-d to
permit new curriculum or programs of study, not in need of a master plan
amendment, introduced by a not-for-profit college or university that
has; maintained a physical presence in the state of New York for ten
years and has been operated by the same governing body for an equal

period of time, is accredited and has maintained accreditation with
Middle States Commission on Higher Education or another institutional
accrediting agency recognized by the Secretary of the United States
Department of Education, to be deemed registered with the New York State
Department of Education forty-five days after notification of approval
by such college or university's governing body and submission of a
complete application for review. If the New York State Department of
Education determines, within forty-five days of submission, the new
curriculum or program of study is incomplete or insufficient, the
department will provide a written explanation to the institution upon
curing. The new curriculum or program of study shall be deemed regis-
tered with the department thirty days after resubmission, or earlier
upon the department's approval.

In addition, the Commissioner is directed to create and maintain a data-
base to provide updated information on the current status of an insti-
tution's submitted requests.

Section 2. Sets forth the effective date.

 
JUSTIFICATION:

As technology improves and the job market changes, New York not-for-pro-
fit colleges and universities need to have the flexibility to introduce
new programs and curriculum to meet the emerging demands of the 21'
century. Additionally, it is important to keep New York based insti-
tutions competitive in all educational fields. Alleviating program
approval paperwork and wait times between New York based institutions
and the New York State Education Department can help ease burdens on
both entities. Expediting the program approval process will allow for
institutions to introduce new curriculum and programs quicker in order
to meet needs and demands while also remaining competitive in the field
of higher education.

 
PRIOR LEGISLATIVE HISTORY::

2021-2022: A.8389/S.6592 - Referred to Higher Education.
 
FISCAL IMPLICATIONS:

Possible administrative costs offset by an expedited process.

 
EFFECTIVE DATE::

This act shall take effect 90 days after it shall have become law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.

2023-S3412 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3412
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  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.
                                                            LBD05750-01-3
 S. 3412                             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.

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Senate Bill S3412

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Sponsored By

Toby Ann Stavisky