Bill Text: NY A01367 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, in relation to the provision of information relating to courses offered by institutions of higher education and the instructional material required therefor
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A01367 Detail]
Download: New_York-2009-A01367-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1367
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
ALFANO, BARRA, McENENY -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law, in relation to the provision of
information relating to courses offered by institutions of higher
education and the instructional material required therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new article 128 to
2 read as follows:
3 ARTICLE 128
4 COURSE AND INSTRUCTIONAL MATERIAL INFORMATION
5 SECTION 6370. COURSE CATALOG.
6 6371. BOOKSTORES.
7 6372. COMPLIANCE.
8 6373. VIOLATIONS.
9 S 6370. COURSE CATALOG. 1. EVERY INSTITUTION OF HIGHER EDUCATION
10 SHALL, NOT LESS THAN SIXTY DAYS PRIOR TO THE COMMENCEMENT OF EACH SEMES-
11 TER OR TRIMESTER, IN WHICH COURSES OF INSTRUCTION ARE OFFERED BY SUCH
12 INSTITUTION, ISSUE AND MAKE AVAILABLE A LIST OF ALL COURSES TO BE
13 OFFERED DURING THE SEMESTER OR TRIMESTER WHICH SHALL INCLUDE FOR EACH
14 COURSE:
15 (A) THE NAME OF THE COURSE;
16 (B) THE NAME OF THE PERSON OR PERSONS PROVIDING INSTRUCTION IN THE
17 COURSE;
18 (C) A DESCRIPTION AND LISTING OF ALL INSTRUCTIONAL MATERIALS REQUIRED
19 OR RECOMMENDED FOR STUDENTS ENROLLED IN THE COURSE; AND
20 (D) THE NUMBER OF STUDENTS REASONABLY EXPECTED TO BE ENROLLED IN THE
21 COURSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04211-01-9
A. 1367 2
1 2. THE LISTING OF COURSES REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
2 SECTION SHALL BE PROVIDED TO ALL STUDENTS AND PROSPECTIVE STUDENTS OF
3 THE INSTITUTION OF HIGHER EDUCATION, AND TO ANY OTHER PERSON SUBMITTING
4 A REQUEST THEREFOR WITHIN ONE BUSINESS DAY OF SUCH REQUEST.
5 3. IN ADDITION TO THE INFORMATION REQUIRED TO BE PROVIDED BY SUBDIVI-
6 SION ONE OF THIS SECTION, UPON SUBMISSION OF A REQUEST BY ANY PERSON AND
7 WITHIN ONE BUSINESS DAY THEREOF, EVERY INSTITUTION OF HIGHER EDUCATION
8 SHALL PROVIDE EVERY SUCH PERSON WITH ALL INFORMATION RELATING TO
9 INSTRUCTIONAL MATERIALS THAT IS PROVIDED TO THE STORE OR STORES OPERATED
10 BY SUCH INSTITUTION AND ENGAGED IN THE SALE OF INSTRUCTIONAL MATERIALS.
11 4. ALL INFORMATION REQUIRED PURSUANT TO THIS SECTION SHALL BE PROVIDED
12 WITHOUT A FEE OR CHARGE.
13 S 6371. BOOKSTORES. 1. IT SHALL BE THE POLICY OF THIS STATE TO ALLOW
14 ALL PERSONS ENGAGED IN THE SALE OF INSTRUCTIONAL MATERIALS FOR COURSES
15 PROVIDED AT INSTITUTIONS OF HIGHER EDUCATION, TO COMPETE ON AN EQUAL
16 BASIS FOR THE SALE OF SUCH MATERIALS TO STUDENTS. TO FULFILL SUCH POLI-
17 CY, EVERY INSTITUTION OF HIGHER EDUCATION SHALL:
18 (A) PERMIT ANY PERSON REGULARLY ENGAGED IN THE SALE OF INSTRUCTIONAL
19 MATERIALS AND WHO SUBMITS A REQUEST THEREFOR TO PARTICIPATE IN ANY
20 PROGRAM PROVIDING INFORMATION ON THE PURCHASE OF INSTRUCTIONAL MATERIALS
21 BY STUDENTS, INCLUDING USED MATERIALS;
22 (B) PROVIDE ANY PERSON REGULARLY ENGAGED IN THE SALE OF INSTRUCTIONAL
23 MATERIALS AND WHO SUBMITS A REQUEST THEREFOR TO RECEIVE A LIST OF THE
24 NAMES AND ADDRESSES OF ALL STUDENTS OF SUCH INSTITUTION NOT LESS THAN
25 SIXTY DAYS PRIOR TO THE COMMENCEMENT OF EACH SEMESTER OR TRIMESTER;
26 (C) AUTHORIZE ANY PERSON REGULARLY ENGAGED IN THE SALE OF INSTRUC-
27 TIONAL MATERIALS TO ADVERTISE THE SALE OF SUCH MATERIALS IN ANY PUBLICA-
28 TION OR OTHER PUBLIC MEDIUM OPERATED BY SUCH INSTITUTION IN WHICH THE
29 SALE OF INSTRUCTIONAL MATERIALS IS ADVERTISED BY SUCH INSTITUTION; AND
30 (D) SUBJECT TO THE RULES AND REGULATIONS OF THE COMMISSIONER AND IN
31 COOPERATION WITH PERSONS REGULARLY ENGAGED IN THE SALE OF INSTRUCTIONAL
32 MATERIALS, PROVIDE ACCESS TO MEANS ESTABLISHED BY SUCH INSTITUTION FOR
33 THE PROVISION OF CREDIT TO AND BILLING OF STUDENTS FOR THE PURCHASE OF
34 INSTRUCTIONAL MATERIALS SOLD BY SUCH PERSONS ON THE SAME BASIS AS THE
35 SALE OF SUCH MATERIALS WHEN MADE BY SUCH INSTITUTION.
36 2. NO INSTITUTION OF HIGHER EDUCATION SHALL IMPOSE A FEE UPON ANY
37 PERSON REGULARLY ENGAGED IN THE SALE OF INSTRUCTIONAL MATERIALS, FOR THE
38 UTILIZATION OF ANY OF THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
39 SECTION, WHICH IS HIGHER THAN THE FEE IMPOSED UPON THE ENTITY OPERATED
40 BY SUCH INSTITUTION THAT IS ENGAGED IN THE SALE OF EDUCATIONAL MATERI-
41 ALS.
42 S 6372. COMPLIANCE. EVERY INSTITUTION OF HIGHER EDUCATION SHALL ESTAB-
43 LISH AND PUBLISH A WRITTEN POLICY PROVIDING THE MEANS BY WHICH SUCH
44 INSTITUTION SHALL COMPLY WITH THE PROVISION OF THIS ARTICLE. SUCH POLICY
45 SHALL PROVIDE TO THE APPOINTMENT OF A COMPLIANCE OFFICER, WHO SHALL BE
46 RESPONSIBLE FOR SUCH INSTITUTION'S COMPLIANCE WITH THE PROVISIONS OF
47 THIS ARTICLE.
48 S 6373. VIOLATIONS. ANY INSTITUTION OF HIGHER EDUCATION WHICH VIOLATES
49 THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL FINE OF NOT
50 MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
51 S 2. This act shall take effect on the first of July next succeeding
52 the date on which it shall have become a law; provided, that any rules,
53 regulations and actions necessary for the implementation of the
54 provisions of this act on its effective date are authorized and directed
55 to be completed on or before such date.
