Relates to protecting constitutional or civil rights of non-degree granting proprietary schools and their owners

The Bill also places a limitation mandate on the purposes for which the Advisory Council of the BPSS convenes. The BPSS Advisory Council was not created to be a quasi administrative lobbying body for special interests groups within in its membership or that attend its meetings. This Bill mandates that the Council only takes advocacy positions with the state legislature on issues that directly impact the Education Law and or its regulations and then only after affording both proponents and opponents to vet their positions in an open forum dedicated for that purpose.

Summary of provisions

The bill creates a disciplinary committee that will review alleged violations of licensed proprietary schools alleged by the Bureau of Proprietary School supervision.

In addition to providing how the committee shall be appointed, it also provides for the scope of their review and the time frames in which they need to act to effectuate a fair and efficient determination as to the remedial action to be taken concerning the school's actions/conduction of business.

The bill affords proprietary schools and their owners the right to challenge the findings of the committee and the allegations of the BPSS in a plenary action, and to seek redress for discriminatory, conspiratorial and criminal actions on the part of the BPSS.

This bill empowers the Attorney General or a special prosecutor to bring civil or criminal action against the Bureau of Proprietary School Supervision ("Bureau") in the case where the Bureau is violating or attempting to violate the civil rights, and due process rights of Proprietary Schools by revoking or refusing to renew the schools license to operate without giving the school an opportunity to take corrective action. Such act ions by the Bureau may consist of interfering with the schools rights to operate by threats, intimidation, investigation, illegal entrapment, coercion, or a payola, and have violated the constitutional or civil rights of a proprietary school. The civil or criminal action shall be brought in the name of the people of the supreme or criminal court for the county in which the violation occurred or in the supreme or criminal court for the county in which the person or persons violated reside or have their principal place of business or in the supreme or criminal court for the county in which the aggrieved person or persons reside.

Justification

The Civil Rights Law is amending the provisions of the law which provide for rights and remedies of proprietary schools and school owners who are subject to disciplinary action of the Bureau of Proprietary School Supervision.

The BPSS has over the course of is regulatory tenure, unevenly applied the Education law and has used its investigative powers and resources to selectively police the activities of schools under its jurisdiction.

While even one school or school owner unfairly subjected to unjustified investigation and penalty would be in and of itself a justification for the enactment of this legislation, the unfortunate truth is that scores of licensed institutions under the BPSS's jurisdiction, many of which are owned by "people of color" or which serve, educate or train "people of color" have been singled out for violations by the BPSS. This has resulted in a disproportionate number of minority/people of color school closings or placed a heavy duty burden on such schools that were able to remain open.

By establishing a non partisan adjudicative committee to oversee the regulation of these schools, the industry and the school owners in particular will reflect a healthy representation of the diverse population of New York.

Fiscal implication

None.

Legislative history

None.

Effective date

This law shall take effect immediately.