What's happening
This bill exempts schools teaching photography solely for non-occupational purposes from certain licensure requirements in New York.
Why it matters
Reduces regulatory burden for hobbyist and community photography classes. By exempting schools teaching photography solely for non-career, recreational, or personal enrichment purposes, this bill removes the need for state licensure and oversight, potentially making it easier and cheaper for these programs to operate.
Distinguishes between professional and non-professional education. The bill clarifies the law so that only institutions preparing students for photography careers must comply with full state education regulations, ensuring consumer protections are targeted where they're most needed.
Could expand access and variety of non-occupational photography education. With fewer regulatory hurdles, more community centers, non-profits, and small organizations may be able to offer casual or hobby photography classes, increasing opportunities for lifelong learning and creative engagement.
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Who cares
Non-occupational photography schools
Schools offering photography instruction exclusively for non-occupational purposes would be exempt from private career school licensure requirements.
Photography hobbyists
Those seeking photography instruction for non-occupational purposes could attend schools covered by the new licensing exemption.
State education regulators
Regulators would need to apply the new exemption when determining which photography schools require private career school licensure.
Headline styles
Exempt Hobby Photo Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7184A
- Ordered to third reading cal.1892
- Committee discharged and committed to rules
- Print number 5487a
- Amend and recommit to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Exclude Hobby Photo Schools
Signed by Governor · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5487--A
2017-2018 Regular Sessions
IN SENATE
March 31, 2017
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to clarifying licensure requirements for schools which provide instruction in photography
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs n and o of subdivision 2 of section 5001 of the education law, paragraph n as amended and paragraph o as added by chapter 381 of the laws of 2012, are amended and a new paragraph p is added to read as follows:
n. schools which provide instruction exclusively to persons employed full-time or part-time in the field in which instruction is being offered, where the instruction is provided to meet continuing education standards required for professional licensure as defined by law in this state; [and]
o. schools in candidacy status pursuant to subparagraph (iv) of paragraph b of subdivision four of this section[.]; and
p. schools which provide instruction in photography exclusively for non-occupational purposes.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10851-03-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to clarifying licensure requirements for schools which provide instruction in photography
Purpose
To clarify the types of activities that are exempt from educational licensing requirements to include schools which provide instruction in photography.
Summary of provisions
Section 1: Amends subdivision 2 of Section 5001 of the Education Law by adding a new paragraph p to exempt from the licensing requirements of subdivision 1 of Section 5001 students who enroll in schools which provide instruction in photography for non-occupational purposes.
Section 2: Provides for an immediate effective date.
Justification
Recently the Board of Proprietary Schools of the State Education Department raised a question about the need for the International Center of Photography (ICP) to register as a licensed private career school under Section 5001 (1) of the State Education Law. However, Section 5001 (1) pertains to the licensure of business schools or computer training facilities which are not exempt from licensure.
This bill clarifies that ICP is exempt from Section 5001(1) under provisions of current law. Current State Education Law, Section 5001 (2) (g), provides an exemption for "schools in which the course of instruction is licensed, registered or approved under any other section of this chapter or by any other department or agency of the state." ICP was issued a charter by the Board of Regents on May 22, 1981, in part, for the purpose to "teach and encourage the photographic art." In accord with the rules of the regents, ICP reports annually to them on its status. By chartering ICP in the manner in which it did, the Regents of the University of the State of New York put these activities outside of the jurisdiction of the Bureau of Proprietary Schools.
In addition, Section 5001 (2) (f) exempts any number of schools, among them schools providing instruction in religion, dancing, music, painting, drawing, sculpture, poetry, dramatic art, languages, reading comprehension, mathematics, recreation, yoga, martial arts, pilates and athletics. For some reason, photography is not specifically included on that list, though a case could be made that the exceptions for painting and drawing, especially in this digital age, should be read broadly enough to encompass the public instructional activities of ICP.
ICP recognizes the need from a consumer protection perspective for the Bureau of Proprietary Schools to license and monitor providers who may prey on the public, offering career-based training or instruction of questionable merit. However, ICP is not vocational school to train for a career. Rather, it has an artistic focus with a stated purpose in its Board of Regents Charter "to cultivate, develop, promote and sponsor, as an artistic, scientific, literary and educational endeavor, the understanding of creative photography, and the use of photography as a medium for revealing the human condition, improving understanding among people, and fostering international cooperation."
Except when offered in conjunction with a licensed college or university, there is no "credit" for members of the public taking ICP courses. ICP lacks a registrar's office for this reason. ICP also lacks the traditional career services offered by vocational schools and does not have a placement office or career counselors.
Adding photography to the list of exempt subjects would further clarify ICP's position that it is not a vocational or career school and that photography is no less a creative endeavor than music, sculpture, painting, drawing, or dance.
Legislative history
New bill.
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.