Requires licensure for instructors in religion, dancing, music, painting, drawing, sculpture, poetry, dramatic art, languages, reading comprehension, mathematics, recreation, yoga, martial arts and athletics.
Ayes (29): Kruger, Krueger, Stachowski, Oppenheimer, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Espada, Klein, Perkins, Valesky, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (2): Montgomery, Duane
Nays (1): Diaz
BILL NUMBER: S5701A REVISED 3/19/10
TITLE OF BILL : An act to amend the education law, in relation to exempting from licensure instructors in yoga and martial arts.
PURPOSE : To clarify the types of activities exempted from educational licensing requirements to include instruction of students enrolled in the exempted activities and the instruction of students for the purpose of teaching exempted activities.
SUMMARY OF PROVISIONS : Section 1 of the bill amends §5001(2) of the Education Law to exempt from the licensing requirements of §5001(1) schools engaging in the following types of instruction: 1) students enrolled in the already exempted subject courses for the purposes of leisure, hobby, or personal enrichment and 2) students enrolled in the already exempted subject courses for the purposes of training to teach said subject areas.
Section 2 of the bill provides for the effective date.
JUSTIFICATION : Recently the Board of Proprietary Schools released a letter instructing certain schools to cease student training requiring licensure as per §5001(1) of the Education law. However, §5001(1) of the Education law merely pertains to the licensure of trade, business, or computer training facilities. The letters were sent to yoga schools which do not fall under §5001(1) and are exempted from licensure under Section 5001(2)(f).
The yoga schools were also notified that they would be subject up to a $50,000 penalty fee under §5003(6)(b). However, §5003(6)(b) also does not apply as the schools that received the letters are exempt according to Section 5001(2)(f). The intent of the Board of Proprietary Schools was to mandate licensure for yoga schools who are teaching students to become instructors. This is not only difficult to mandate as anyone can take these untitled classes for enrichment or vocation, but also carries over into many other small schools that are currently exempt under Section 5001(2)(f).
These amendments to the relevant sections of the Education law clarify these pre-existing exemptions and permit yoga schools and other schools operating for the purpose of leisure, hobby, or personal enrichment to continue to function, protecting small businesses across NY State.
LEGISLATIVE HISTORY : New Legislation.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5701--A Cal. No. 867 2009-2010 Regular Sessions IN SENATE May 28, 2009 ___________Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, said bill recommit- ted to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to requiring licensure for instructors in religion, dancing, music, painting, drawing, sculp- ture, poetry, dramatic art, languages, reading comprehension, math- ematics, recreation, yoga, martial arts and athletics THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph f of subdivision 2 of section 5001 of the educa- tion law, as amended by chapter 439 of the laws of 1980, is amended to read as follows: f. schools which provide instruction in the following subjects only: religion, dancing, music, painting, drawing, sculpture, poetry, dramatic art, languages, reading comprehension, mathematics, recreation, YOGA, MARTIAL ARTS and athletics, INCLUDING THE TRAINING OF STUDENTS TO TEACH SUCH SUBJECTS; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14067-03-9