Exempts from licensure instructors in yoga and martial arts

4 Co-sponsors

• Ellen C. Jaffee
• Amy Paulin
• George Latimer
• Joan Millman

2 Multi-sponsors

• Adriano Espaillat
• Michael Gianaris

BILL NUMBER:A8678A

Title of bill

An act to amend the education law, in relation to requiring licensure for instructors in religion, dancing, music, paint- ing, drawing, sculpture, poetry, dramatic art, languages, reading comprehension, mathematics, recreation, yoga, martial arts and athletics

Purpose

To clarify the types of activities exempted from educational licensing requirements to include instruction of students enrolled in the exempted activities and the instruction of students for the purpose of teaching exempted activities.

Summary of provisions

Section 1 of the bill amends §5001(2) of the Education Law to exempt from the licensing requirements of §5001(1) schools engaging in the following types of instruction: 1) students enrolled in the already exempted subject courses for the purposes of leisure, hobby, or personal enrichment and 2) students enrolled in the already exempted subject courses for the purposes of training to teach said subject areas.

Section 2 of the bill amends §5003(6) of the Education Law to clarify that the civil penalties and fines of § 5003(6) do not apply to the schools exempted from the licensure process under g5001(2) (f).

JUSTIFICATION:; Recently the Board of Proprietary Schools released a letter instructing certain schools to cease student training requiring licensure as per g5001(1) of the Education Law. However, §5001 (1) of the Education Law merely pertains to the licensure of trade, business, or computer training facilities. The letters were sent to yoga schools which do not fall under §5001(1) and are exempted from licensure under Section 5001(2)(f).

The yoga schools were also notified that they would he subject up to a $50,000 penalty fee under §5003(5)(b). However, §5003(6) (b) also does not apply, as the schools that received the letters are exempt according to Section 5001 (2)(f). The intent of the Board of Proprietary Schools was to mandate licensure for yoga schools who are teaching students to become instructors. This is not only difficult to mandate as anyone can take these untitled classes for enrichment or vocation, but also carries over into many other small schools that are currently exempt under Section 5001(2)(f).

These amendments to the relevant sections of the Education Law clarify these pre-existing exemptions and permit yoga schools and other schools operating for the purpose of leisure, hobby, or personal enrichment to continue to function, protecting small businesses across NY State.

Legislative history

New Legislation.

Fiscal implications

None.

Effective date

This act shall take effect immediately.