Bill Text: NY A08240 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to authorizing the state education department to enter into interstate reciprocity agreements and/or regional compacts for post-secondary distance education programs and to charge a fee to participating in-state institutions and non-participating out-of-state institutions that offer distance education, and relates to establishing an interstate reciprocity post-secondary distance education account.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-06-19 - substituted by s5607a [A08240 Detail]
Download: New_York-2015-A08240-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8240
2015-2016 Regular Sessions
I N A S S E M B L Y
June 14, 2015
___________
Introduced by M. of A. GLICK -- (at request of the State Education
Department) -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to authorizing the state
education department to enter into interstate reciprocity agreements
and/or regional compacts for post-secondary distance education
programs and to charge a fee to participating in-state institutions
and non-participating out-of-state institutions that offer distance
education; and to amend the state finance law, in relation to estab-
lishing an interstate reciprocity post-secondary distance education
account
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "interstate
2 reciprocity agreement for post-secondary distance education programs".
3 S 2. Legislative intent. Subject to an appropriation, it is the
4 purpose of this act to authorize the state education department to enter
5 into interstate reciprocity agreements and/or regional compacts for
6 postsecondary distance education courses and programs.
7 S 3. The education law is amended by adding a new section 210-c to
8 read as follows:
9 S 210-C. INTERSTATE RECIPROCITY AGREEMENT FOR POST-SECONDARY DISTANCE
10 EDUCATION PROGRAMS.
11 INTERSTATE RECIPROCITY AGREEMENT FOR THE POST-SECONDARY DISTANCE
12 EDUCATION PROGRAMS
13 ARTICLE I
14 PURPOSE, FINDINGS, AND POLICY
15 THE STATES PARTY TO AN INTERSTATE AGREEMENT DESIRE BY COMMON ACTION TO
16 ESTABLISH COMPARABLE STANDARDS FOR THE OFFERING OF POSTSECONDARY
17 DISTANCE-EDUCATION COURSES AND PROGRAMS AND TO FACILITATE MORE OFFERINGS
18 OF DISTANCE EDUCATION COURSES TO THE STUDENTS IN THEIR STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10780-03-5
A. 8240 2
1 ARTICLE II
2 DEFINITIONS
3 AS USED IN THIS SECTION AND ANY AGREEMENTS AND CONTRACTS MADE PURSUANT
4 TO IT, UNLESS THE CONTEXT CLEARLY STATES OTHERWISE:
5 (A)"ACCREDITED" SHALL MEAN HOLDING INSTITUTIONAL ACCREDITATION BY NAME
6 AS A U.S.-BASED INSTITUTION FROM AN ACCREDITOR RECOGNIZED BY THE U.S.
7 DEPARTMENT OF EDUCATION.
8 (B)"APPROVE" OR "APPROVAL" IN THE CONTEXT OF AN INSTITUTIONAL APPLICA-
9 TION TO OPERATE UNDER THE STATE AUTHORIZATION RECIPROCITY AGREEMENT
10 (SARA) MEANS: A WRITTEN STATEMENT BY A HOME STATE THAT AN INSTITUTION
11 MEETS THE STANDARDS REQUIRED BY SARA AND IS ELIGIBLE TO OPERATE UNDER
12 SARA.
13 (C)"COMPLAINT" MEANS: A FORMAL ASSERTION IN WRITING THAT THE TERMS OF
14 THIS AGREEMENT, OR OF LAWS, STANDARDS OR REGULATIONS INCORPORATED BY
15 THIS AGREEMENT, ARE BEING VIOLATED BY A PERSON, INSTITUTION, STATE,
16 AGENCY OR OTHER ORGANIZATION OR ENTITY OPERATING UNDER THE TERMS OF THIS
17 AGREEMENT.
18 (D) "COUNCIL" MEANS: THE NATIONAL COUNCIL FOR SARA.
19 (E)"C-RAC GUIDELINES" AND OTHER USES OF "C-RAC" REFERS TO THE INTERRE-
20 GIONAL GUIDELINES FOR THE EVALUATION OF DISTANCE EDUCATION PROGRAMS
21 (ONLINE LEARNING) FOR BEST PRACTICES IN POSTSECONDARY DISTANCE EDUCATION
22 ADOPTED BY THE COUNCIL OF REGIONAL ACCREDITING COMMISSIONS (C-RAC).
23 (F) "DISTANCE EDUCATION" MEANS, FOR PURPOSES OF AN INTERSTATE RECI-
24 PROCITY AGREEMENT UNDER THIS SECTION: INSTRUCTION OFFERED BY ANY MEANS
25 WHERE THE STUDENT AND FACULTY MEMBER ARE IN SEPARATE PHYSICAL LOCATIONS.
26 IT INCLUDES, BUT IS NOT LIMITED TO, ONLINE, INTERACTIVE VIDEO OR CORRE-
27 SPONDENCE COURSES OR PROGRAMS. IT DOES NOT INCLUDE INTRASTATE DISTANCE
28 EDUCATION ACTIVITY.
29 (G) "HOME STATE" MEANS: A MEMBER STATE WHERE THE INSTITUTION HOLDS ITS
30 LEGAL DOMICILE. TO OPERATE UNDER SARA AN INSTITUTION MUST HAVE A SINGLE
31 HOME STATE.
32 (H) "INSTITUTION" MEANS: A DEGREE-GRANTING POSTSECONDARY ENTITY.
33 (I) "LEGAL DOMICILE" OF AN INSTITUTION FOR PURPOSES OF ELIGIBILITY IN
34 AN INTERSTATE AGREEMENT MEANS THE STATE IN WHICH THE INSTITUTION'S PRIN-
35 CIPAL CAMPUS HOLDS ITS INSTITUTIONAL ACCREDITATION AND, IF APPLICABLE,
36 ITS FEDERAL OFFICE OF POSTSECONDARY EDUCATION IDENTIFIER (OPEID) NUMBER.
37 IN THE EVENT THAT THE OPEID NUMBER IS ASSIGNED TO A CAMPUS THAT IS IN A
38 DIFFERENT STATE THAN THE PRINCIPAL ACCREDITED CAMPUS, THE SARA COMMIT-
39 TEES OF THE AFFECTED REGIONAL COMPACTS SHALL DETERMINE WHICH IS THE HOME
40 STATE FOR PURPOSES OF SARA.
41 (J) "MEMBER STATE" MEANS: ANY STATE, DISTRICT OR TERRITORY THAT HAS
42 JOINED SARA.
43 (K) "PHYSICAL PRESENCE" MEANS: A MEASURE BY WHICH A STATE DEFINES THE
44 STATUS OF AN EDUCATIONAL INSTITUTION'S PRESENCE WITHIN THE STATE. THE
45 DISTANCE EDUCATION ACTIVITIES OF AN EDUCATIONAL INSTITUTION WITH A PHYS-
46 ICAL PRESENCE WITHIN THE STATE ARE NOT COVERED UNDER AN INTERSTATE RECI-
47 PROCITY AGREEMENT UNDER THIS ACT AND INSTEAD MUST MEET THE REQUIREMENTS
48 OF THE STATE.
49 (L) "PORTAL AGENCY" MEANS: THE SINGLE AGENCY DESIGNATED BY THE STATE
50 TO SERVE AS THE INTERSTATE POINT OF CONTACT FOR QUESTIONS, COMPLAINTS
51 AND OTHER COMMUNICATIONS RELATED TO THE INTERSTATE COMPACT AND/OR ANY
52 REGIONAL COMPACT.
53 (M) "REGIONAL COMPACT" MEANS ONE OF NEW ENGLAND BOARD OF HIGHER EDUCA-
54 TION, MIDWESTERN HIGHER EDUCATION COMPACT, SOUTHERN REGIONAL EDUCATION
55 BOARD OR WESTERN INTERSTATE COMMISSION FOR HIGHER EDUCATION, OR ANOTHER
56 SARA INTERSTATE REGIONAL COMPACT FOR THE MID-ATLANTIC STATES.
A. 8240 3
1 (N) "STATE AUTHORIZATION RECIPROCITY AGREEMENTS" OR "SARA" MEANS: AN
2 AGREEMENT AMONG MEMBER STATES, DISTRICTS AND U.S. TERRITORIES THAT
3 ESTABLISHES COMPARABLE NATIONAL STANDARDS FOR INTERSTATE OFFERING OF
4 POST-SECONDARY DISTANCE-EDUCATION COURSES AND PROGRAMS.
5 ARTICLE III
6 INTERSTATE RECIPROCITY AGREEMENTS FOR POSTSECONDARY DISTANCE EDUCATION
7 (A) THE COMMISSIONER SHALL HAVE THE AUTHORITY ON BEHALF OF NEW YORK TO
8 ENTER INTO SARA AND/OR ANY REGIONAL COMPACTS ON BEHALF OF THIS STATE
9 WITH ONE OR MORE OTHER STATES TO PROVIDE FOR THE RECIPROCITY OF POSTSE-
10 CONDARY DISTANCE EDUCATION AND TO CARRY OUT ALL ACTIVITIES NECESSARY TO
11 CARRY OUT SUCH FUNCTION.
12 (B) UPON ENTRANCE INTO SARA AND/OR ANY REGIONAL COMPACT, THE DEPART-
13 MENT SHALL:
14 (I) BE DESIGNATED AS THE PORTAL AGENCY AND SHALL BE RESPONSIBLE FOR
15 THE ADMINISTRATIVE AND FUNCTIONAL RESPONSIBILITIES OF PARTICIPATION IN
16 SARA. THE DEPARTMENT SHALL NOT BE RESPONSIBLE FOR ALL OVERSIGHT ACTIV-
17 ITIES OF PROVIDERS IN THE STATE, BUT SHALL BE THE PORTAL FOR THE STATE;
18 (II) CONSIDER APPLICATIONS FROM DEGREE-GRANTING INSTITUTIONS ON THE
19 SAME BASIS AND EITHER:
20 (A) APPROVE ANY INSTITUTIONS THAT MEET THE STANDARDS OF SARA, AND
21 AGREE TO THE PROCESS AND COMMITMENTS OF SARA WITHOUT DIFFERENTIATING BY
22 SECTOR;
23 (B) DISAPPROVE ANY INSTITUTION THAT DOES NOT MEET THE STANDARDS OF
24 SARA, OR DOES NOT AGREE TO THE PROCESS AND COMMITMENTS OF SARA; OR
25 (C) MAY APPROVE AN INSTITUTION APPLYING FOR INITIAL PARTICIPATION IN
26 SARA TO PARTICIPATE ON A PROVISIONAL STATUS IN ANY OF THE FOLLOWING
27 CIRCUMSTANCES:
28 (I) THE INSTITUTION IS ON PROBATIONARY STATUS OR THE EQUIVALENT WITH
29 ITS INSTITUTIONAL ACCREDITING BODY;
30 (II) THE INSTITUTION IS USING A LETTER OF CREDIT OR IS UNDER A CASH
31 MANAGEMENT AGREEMENT BY THE U.S. DEPARTMENT OF EDUCATION;
32 (III) THE INSTITUTION IS THE SUBJECT OF A PUBLICLY ANNOUNCED INVESTI-
33 GATION BY A GOVERNMENT AGENCY, AND THE INVESTIGATION IS RELATED TO THE
34 INSTITUTION'S ACADEMIC QUALITY, FINANCIAL STABILITY OR STUDENT OR
35 CONSUMER PROTECTION; OR
36 (IV) THE INSTITUTION IS THE SUBJECT OF A CURRENT INVESTIGATION BY ITS
37 HOME STATE RELATED TO THE INSTITUTION'S ACADEMIC QUALITY, FINANCIAL
38 STABILITY OR STUDENT OR CONSUMER PROTECTION.
39 (III) PRESCRIBE STATE PROCESSES FOR CONSUMER PROTECTION AND COMPLAINTS
40 IN REGULATIONS OF THE COMMISSIONER, AS REQUIRED BY SARA;
41 (IV) OPERATE UNDER THE PROCESSES, PROCEDURES AND GUIDELINES REQUIRED
42 BY SARA, INCLUDING THE INTERREGIONAL GUIDELINES FOR THE EVALUATION OF
43 DISTANCE EDUCATION DEVELOPED BY THE COUNCIL OF REGIONAL ACCREDITING
44 COMMISSIONERS, IF REQUIRED BY SARA;
45 (V) SERVE AS THE DEFAULT FORUM FOR ANY COMPLAINT FILED AGAINST AN
46 INSTITUTION APPROVED BY THE STATE TO PARTICIPATE IN THE STATE AUTHORI-
47 ZATION RECIPROCITY AGREEMENT AND THE DEPARTMENT SHALL BE RESPONSIBLE FOR
48 COORDINATING ANY SUCH EFFORTS AND SHALL HAVE THE AUTHORITY TO INVESTI-
49 GATE AND RESOLVE COMPLAINTS THAT ORIGINATE OUTSIDE OF THE STATE. ALL
50 OTHER STATE AGENCIES AND GOVERNING BOARDS OF SUCH INSTITUTIONS SHALL
51 ASSIST AS NECESSARY IN SUCH INVESTIGATIONS AND REPORT AS NEEDED TO THE
52 DEPARTMENT;
53 (VI) IMPOSE AS A PENALTY REFUNDS OR OTHER CORRECTIVE ACTION TO RESOLVE
54 COMPLAINTS INVOLVING RESIDENTS OF OTHER STATES;
55 (VII) MAINTAIN WRITTEN DOCUMENTATION OF:
56 (A) ALL FORMAL COMPLAINTS RECEIVED;
A. 8240 4
1 (B) COMPLAINT NOTIFICATIONS PROVIDED TO INSTITUTIONS AND ACCREDITING
2 AGENCIES;
3 (C) ACTIONS TAKEN THAT ARE COMMENSURATE WITH THE SEVERITY OF
4 VIOLATIONS; AND
5 (D) COMPLAINT RESOLUTIONS.
6 (VIII) REPORT COMPLAINTS AND CONCERNS TO THE INSTITUTIONS ABOUT WHICH
7 THE COMPLIANT IS LODGED, THE HOME STATE PORTAL AGENCY RESPONSIBLE FOR
8 THE INSTITUTION, AND, IF APPROPRIATE, ANY ACCREDITING BODIES; AND
9 (IX) IMPOSE AN ANNUAL FEE ON ANY INSTITUTION PARTICIPATING IN ANY
10 INTERSTATE AGREEMENT, IN AN AMOUNT PRESCRIBED BY THE COMMISSIONER IN
11 REGULATIONS WHICH SHALL BE CONSISTENT WITH ANY FEES REQUIRED BY THE
12 INTERSTATE AGREEMENT AND ANY FEES REQUIRED FOR THE STATE TO ADMINISTER
13 SARA. ANY INSTITUTION THAT IS REMOVED FROM ELIGIBILITY FROM SARA DURING
14 THE PERIOD OF APPROVAL RECEIVES NO FEE REFUND; AND
15 (X) REPORT ANY INFORMATION REQUIRED BY THE NATIONAL COUNCIL FOR SARA.
16 ARTICLE IV
17 INSTITUTIONAL ELIGIBILITY FOR ADMISSION TO SARA
18 AN INSTITUTION APPLYING TO OPERATE PURSUANT TO SARA UNDER THIS SECTION
19 SHALL:
20 (A) HAVE ITS PRINCIPAL CAMPUS OR CENTRAL ADMINISTRATIVE UNIT DOMICILED
21 IN A STATE THAT HAS JOINED SARA AND BE AUTHORIZED TO OPERATE IN THAT
22 STATE. ONLY DISTANCE EDUCATION CONTENT ORIGINATING IN THE UNITED STATES
23 OR A U.S. TERRITORY IS ELIGIBLE TO BE OFFERED UNDER THE AGREEMENT;
24 (B) BE A U.S. DEGREE-GRANTING INSTITUTION THAT IS ACCREDITED BY AN
25 ACCREDITING BODY RECOGNIZED BY THE U.S. SECRETARY OF EDUCATION;
26 (C) AGREE TO BE BOUND BY ANY STANDARDS, PROCESSES AND/OR GUIDELINES
27 REQUIRED BY SARA, INCLUDING THE INTERREGIONAL GUIDELINES FOR THE EVALU-
28 ATION OF DISTANCE EDUCATION DEVELOPED BY THE COUNCIL OF REGIONAL ACCRED-
29 ITING COMMISSIONERS, IF REQUIRED BY SARA;
30 (D) AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THE REQUIREMENTS
31 OF SARA AND APPLICABLE LAWS, REGARDLESS OF WHETHER THE INSTITUTION
32 ENGAGES IN OPERATIONS UNDER SARA ITSELF, OR THROUGH A THIRD-PARTY
33 PROVIDER;
34 (E) AGREE TO NOTIFY THE EDUCATION DEPARTMENT OF ANY NEGATIVE CHANGES
35 TO ITS ACCREDITATION STATUS;
36 (F) AGREE TO PROVIDE ANY DATA REQUESTED BY THE EDUCATION DEPARTMENT,
37 TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ASSIST THE DEPARTMENT IN
38 RESOLVING ANY COMPLAINTS ARISING FROM ITS STUDENTS AND TO ABIDE BY DECI-
39 SIONS OF THE DEPARTMENT, IN ORDER FOR THE EDUCATION DEPARTMENT TO EFFEC-
40 TIVELY MONITOR ANY ACTIVITIES UNDER THE AGREEMENT;
41 (G) REPORT ANY INFORMATION REQUIRED BY SARA AND/OR THIS SECTION.
42 ARTICLE V
43 APPROVED AND ACCEPTED PROGRAMS
44 NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REPEAL OR OTHERWISE
45 MODIFY ANY LAW OR REGULATION OF THIS STATE RELATING TO THE APPROVAL OF
46 ANY OTHER EDUCATIONAL PROGRAMS NOT COVERED BY THIS SECTION.
47 ARTICLE VI
48 EFFECT AND WITHDRAWAL
49 1. THIS SECTION SHALL BECOME EFFECTIVE UPON THIS STATE'S EXECUTION OF
50 SARA AND/OR REGIONAL COMPACT FOR DISTANCE EDUCATION.
51 2. THE DURATION OF ANY REGIONAL COMPACT AND/OR INTERSTATE AGREEMENT
52 AND THE METHODS AND CONDITIONS OF WITHDRAWAL THEREFROM SHALL BE THOSE
53 SPECIFIED IN THEIR TERMS.
54 S 4. The state finance law is amended by adding a new section 97-llll
55 to read as follows:
A. 8240 5
1 S 97-LLLL. INTERSTATE RECIPROCITY FOR POST-SECONDARY DISTANCE EDUCA-
2 TION ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
3 STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN
4 ACCOUNT OF THE MISCELLANEOUS SPECIAL REVENUE FUND TO BE KNOWN AS THE
5 INTERSTATE RECIPROCITY FOR POST-SECONDARY DISTANCE EDUCATION ACCOUNT.
6 2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
7 THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO RECEIVE FOR
8 DEPOSIT TO THE CREDIT OF THE INTERSTATE RECIPROCITY FOR POST-SECONDARY
9 DISTANCE EDUCATION ACCOUNT, ANY APPROPRIATION AND/OR FEES ESTABLISHED IN
10 THE REGULATIONS OF THE COMMISSIONER OF EDUCATION FOR SERVICES AND
11 EXPENSES INCURRED BY THE EDUCATION DEPARTMENT IN CONDUCTING EVALUATIONS
12 OF POST-SECONDARY DISTANCE EDUCATION CONDUCTED PURSUANT TO THE INTER-
13 STATE RECIPROCITY AGREEMENT AND PROCESSING ANY COMPLAINTS RELATED THERE-
14 TO AND/OR FOR ADMINISTERING AND/OR PARTICIPATING IN SUCH INTERSTATE
15 AGREEMENT.
16 3. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
17 THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO RECEIVE FOR
18 DEPOSIT TO THE CREDIT OF THE INTERSTATE RECIPROCITY FOR POST-SECONDARY
19 DISTANCE EDUCATION ACCOUNT, ANY APPROPRIATION AND/OR FEES ESTABLISHED IN
20 THE REGULATIONS OF THE COMMISSIONER OF EDUCATION FOR SERVICES AND
21 EXPENSES INCURRED BY THE EDUCATION DEPARTMENT IN CONDUCTING EVALUATIONS,
22 PROCESSING COMPLAINTS OR OTHER ADMINISTRATIVE FUNCTIONS RELATED TO
23 POST-SECONDARY DISTANCE EDUCATION CONDUCTED BY THE DEPARTMENT FOR
24 OUT-OF-STATE INSTITUTIONS SEEKING APPROVAL TO OFFER DISTANCE EDUCATION
25 IN NEW YORK STATE THAT DO NOT PARTICIPATE IN THE INTERSTATE RECIPROCITY
26 AGREEMENT. THIS FEE MAY ALSO INCLUDE AN APPLICATION AND PROCESSING
27 CHARGE FOR THOSE INSTITUTIONS SEEKING TO ESTABLISH A PHYSICAL PRESENCE
28 IN NEW YORK STATE.
29 S 5. Section 212 of the education law is amended by adding a new
30 subdivision 7 to read as follows:
31 7. FOR SERVICES AND EXPENSES INCURRED BY THE DEPARTMENT IN CONDUCTING
32 EVALUATIONS, PROCESSING COMPLAINTS OR PERFORMING OTHER ADMINISTRATIVE
33 FUNCTIONS RELATED TO THE REVIEW OF POST-SECONDARY DISTANCE EDUCATION
34 CONDUCTED BY OUT-OF-STATE INSTITUTIONS SEEKING APPROVAL TO OFFER
35 DISTANCE EDUCATION TO STUDENTS IN NEW YORK STATE WHO DO NOT PARTICIPATE
36 IN AN INTERSTATE RECIPROCITY AGREEMENT PURSUANT TO SECTION TWO HUNDRED
37 TEN-C OF THIS CHAPTER.
38 S 6. This act shall take effect immediately; provided, however:
39 (a) that the addition, amendment and/or repeal of any rule or regu-
40 lation necessary for the implementation of this act on its effective
41 date is authorized to be made and completed on or before such effective
42 date; and
43 (b) that the commissioner of education shall notify the legislative
44 bill drafting commission upon the occurrence of the state's execution of
45 SARA and/or a regional compact for distance education, as provided for
46 in section three of this act in order that the commission may maintain
47 an accurate and timely effective data base of the official text of the
48 laws of the state of New York in furtherance of effectuating the
49 provisions of section 44 of the legislative law and section 70-b of the
50 public officers law.
