S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5679

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 25, 2011
                                      ___________

       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Higher Education

       AN ACT to amend the education law, in relation to telecommunications and
         correspondence courses

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 355 of the education law is amended by adding a new
    2  subdivision 20 to read as follows:
    3    20.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
    4  THE CONTRARY, IN ORDER TO QUALIFY FOR STATE AID APPORTIONMENTS  PURSUANT
    5  TO  THIS  ARTICLE,  AN  INSTITUTION  SHALL NOT BE CONSIDERED TO MEET THE
    6  DEFINITION OF INSTITUTIONS PROVIDING HIGHER  EDUCATION  AS  PROVIDED  IN
    7  THIS  ARTICLE  IF  SUCH  INSTITUTION  OFFERS  OR ENROLLS MORE THAN FIFTY
    8  PERCENT OF SUCH INSTITUTION'S TOTAL NUMBER OF ALL COURSES BY  TELECOMMU-
    9  NICATIONS  OR  CORRESPONDENCE,  EXCEPT  THAT  THE  COMMISSIONER,  AT THE
   10  REQUEST OF SUCH INSTITUTION, MAY WAIVE THE APPLICABILITY OF THIS  SUBDI-
   11  VISION  TO SUCH INSTITUTION FOR GOOD CAUSE, AS DETERMINED BY THE COMMIS-
   12  SIONER.
   13    S 2. Section 6221 of the education law is  amended  by  adding  a  new
   14  subdivision F to read as follows:
   15    F.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
   16  THE CONTRARY, IN ORDER TO QUALIFY FOR STATE AID APPORTIONMENTS  PURSUANT
   17  TO  THIS  ARTICLE,  AN  INSTITUTION  SHALL NOT BE CONSIDERED TO MEET THE
   18  DEFINITION OF INSTITUTIONS PROVIDING HIGHER  EDUCATION  AS  PROVIDED  IN
   19  THIS  ARTICLE  IF  SUCH  INSTITUTION  OFFERS  OR ENROLLS MORE THAN FIFTY
   20  PERCENT OF SUCH INSTITUTION'S TOTAL NUMBER OF ALL COURSES BY  TELECOMMU-
   21  NICATIONS  OR  CORRESPONDENCE,  EXCEPT  THAT  THE  COMMISSIONER,  AT THE
   22  REQUEST OF SUCH INSTITUTION, MAY WAIVE THE APPLICABILITY OF THIS  SUBDI-
   23  VISION  TO SUCH INSTITUTION FOR GOOD CAUSE, AS DETERMINED BY THE COMMIS-
   24  SIONER.
   25    S 3. This act shall take effect immediately.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09114-01-1