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History
- Referred to higher education
Companion bill
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Establishes a procedure for schools to implement corrective action plans upon notification of a violation
In Assembly Committee · Higher Education · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2472
Title of bill
An act to amend the education law, in relation to a corrective action plan
Purpose
To allow licensed trade and business schools an opportunity to present and implement a corrective action plan upon the Commissioner's finding of violations of Article 101 of the Education Law or regulations promulgated thereunder.
Summary of provisions
This bill adds a new subsection (e) to Section 5003(1) of the Education Law. Section (e)(1) provides that the commissioner will allow a school where a violation has occurred to remedy the violation through development and implementation of a corrective action plan, unless the commissioner pursues an expedited proceeding to prevent this. The school will be given a minimum of six months to correct the violation. The section establishes a probationary period that would automatically apply if the school's license has expired before the findings of violations are communicated in writing to the school. Section (e)(2) provides the mechanism for an expedited proceeding that the commissioner can use if the Department wishes to deny the opportunity to develop and implement a corrective action plan.
Justification
This bill would institute a small shift in the power equation in situations where the Bureau of Proprietary School Supervision ("Bureau") denies a school an opportunity to develop and implement a corrective action plan. Presently, when this occurs, the Bureau then denies license renewal and the school must cease to operate. This bill makes the opportunity to present a corrective action plan the default position, while creating a short 30-day mechanism for the Bureau to contest this in front of an impartial hearing officer appointed by the commissioner. The decision would, not be appealable. If SED makes its case by clear and convincing evidence, and the school is unable to rebut the SED position, the school would be forced to close. There would at least be some semblance of a due process hearing.
Effective date
Immediately upon becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.