Relates to eliminating certain exemptions from private school agent licensing requirements.
BILL NUMBER:S2899 REVISED 03/04/13
TITLE OF BILL: An act to amend the education law, in relation to private school agent's certificate
This bill amends Chapter 381 of the Laws of 2012 relating to non-degree granting proprietary schools to remove a provision that allows current or former students to receive compensation for referring students to proprietary school programs.
SUMMARY OF PROVISIONS:
Section 1. Removes a provision that allows current or former students to receive compensation for referring new students to proprietary school programs.
Section 2, Sets forth the effective date.
Current law states that no party may, for a consideration or remuneration procure, solicit or enroll any student for instruction in or given by any school within or without the State of New York unless (i) the party is a salaried employee of the school and (ii) the party shall have secured a private school agent's certificate from the department pursuant to regulations of the commissioner.
The law also states exemptions to this requirement. One such exemption allowed alumni or current students to receive gifts or other non-monetary considerations valued at 875 or less for each student they referred to their current or former school.
This bill removes that exemption for the certification requirements to essentially end the practice of compensation to students for referrals.
LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS: None to the State.
This act shall take effect immediately and shall be deemed to have been in full force and effect on and after December 15, 2012.
STATE OF NEW YORK ________________________________________________________________________ 2899 2013-2014 Regular Sessions IN SENATE January 24, 2013 ___________Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to private school agent's certificate THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 5004 of the education law, as amended by chapter 381 of the laws of 2012, is amended to read as follows: 3. Exempted from the requirements of this section are persons acting solely for schools which are not required to be licensed or are specif- ically exempted from the licensing requirements of this article. Persons who are paid to procure, solicit or enroll students on the prem- ises of schools required to be licensed shall not be exempt from the provisions of this section.
[The certification requirements of this section shall not apply to persons receiving gifts or other non-monetary considerations valued at not more than seventy-five dollars from a school from which they have graduated or are currently enrolled for each student referred for enrollment at the school.]S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after December 15, 2012.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04913-01-3