S T A T E   O F   N E W   Y O R K
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                                 649--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. KENNEDY, PANEPINTO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion -- recommitted to the Committee on Higher Education in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the education law, in relation to enacting the student
  athlete  bill  of  rights;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1. This act shall be known and may be cited  as  the  "student
athlete bill of rights".
  S 2. The Legislature finds and declares the following:
  1.  Meeting  the  educational  needs  of  student athletes should be a
priority for intercollegiate athletic programs.
  2. New York's institutions of higher  education  that  participate  in
Division I and Division II intercollegiate athletics collectively gener-
ate  millions  of  dollars annually in media contracts, and this revenue
would not exist without the efforts of student athletes.
  3.  Student  athletes  generate  large  revenues  for  many   athletic
programs,  spend  approximately  forty  hours  per week participating in
their respective sports, and suffer current and historically low  gradu-
ation rates.
  4.  Providing  adequate  health  and  safety  protection  for  student
athletes can help prevent serious injury and death.
  5. Current and former student athletes can be left to pay for  medical
expenses  incurred  from injuries suffered while participating in inter-
collegiate athletics.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03259-02-6

              

S. 649--A                           2

  6. Institutions of  higher  education  should  provide  their  student
athletes  with  the same due process protection afforded to students who
do not participate in athletics.
  7. Athletic programs in this state are subject to federal gender equi-
ty  requirements  under Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.).
  8. An institution of higher education should not  punish  any  student
athlete for transferring to another institution of higher education.
  9.  An  institution  of  higher  education  should  not  use funds for
purposes of this part that are dedicated for the benefit of the  general
student body.
  S  3.  The  education  law is amended by adding a new section 679-h to
read as follows:
  S 679-H. COLLEGIATE ATHLETIC SCHOLARSHIP. 1. DEFINITIONS. AS  USED  IN
THIS SECTION:
  (A)  "ATHLETIC ASSOCIATION" MEANS ANY ORGANIZATION THAT IS RESPONSIBLE
FOR GOVERNING INTERCOLLEGIATE ATHLETIC PROGRAMS.
  (B) "ATHLETIC PROGRAM" MEANS AN INTERCOLLEGIATE  ATHLETIC  PROGRAM  AT
ANY  INSTITUTION OF HIGHER EDUCATION WITHIN THE MEANING OF PARAGRAPH (D)
OF THIS SUBDIVISION.
  (C) "GRADUATION SUCCESS RATE" MEANS THE PERCENTAGE OF STUDENT ATHLETES
WHO GRADUATE FROM THAT INSTITUTION OF HIGHER EDUCATION WITHIN SIX  YEARS
OF  THEIR  INITIAL  ENROLLMENT,  EXCLUDING  OUTGOING  TRANSFERS  IN GOOD
ACADEMIC STANDING WITH ATHLETIC  ELIGIBILITY  REMAINING,  AND  INCLUDING
INCOMING  TRANSFERS. THE RATE IS TO BE CALCULATED BY COMBINING THE RATES
OF THE FOUR MOST RECENT CLASSES THAT ARE AVAILABLE IN THE  EXACT  MANNER
AS THE RATE IS CALCULATED UNDER NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
RULES.
  (D)  "INSTITUTION  OF  HIGHER EDUCATION" MEANS ANY CAMPUS OF THE STATE
UNIVERSITY OF NEW YORK, THE  CITY  UNIVERSITY  OF  NEW  YORK,  COMMUNITY
COLLEGES  AS  DEFINED IN SECTION SIXTY-THREE HUNDRED ONE OF THIS CHAPTER
AND ANY FOUR-YEAR PRIVATE UNIVERSITY LOCATED IN NEW YORK, THAT MAINTAINS
AN INTERCOLLEGIATE ATHLETIC PROGRAM.
  (E) "MEDIA RIGHTS" MEANS THE RIGHTS TO MEDIA COVERAGE OF INTERCOLLEGI-
ATE ATHLETICS INCLUDED IN CONTRACTS THAT ARE ENTERED INTO BY INTERCOLLE-
GIATE ATHLETIC CONFERENCES AND TELEVISION  NETWORKS  AND  THAT  GENERATE
MONETARY PAYMENTS TO INDIVIDUAL INSTITUTIONS OF HIGHER EDUCATION.
  (F) "STUDENT ATHLETE" MEANS ANY COLLEGE STUDENT WHO PARTICIPATES IN AN
INTERCOLLEGIATE  ATHLETIC PROGRAM OF AN INSTITUTION OF HIGHER EDUCATION,
AND INCLUDES STUDENT ATHLETES WHO PARTICIPATE IN  BASKETBALL,  FOOTBALL,
AND OTHER INTERCOLLEGIATE SPORTS.
  2.  SCHOLARSHIP. COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOU-
SAND EIGHTEEN ACADEMIC YEAR, AN ATHLETIC PROGRAM SHALL COMPLY  WITH  ALL
OF THE FOLLOWING:
  (A)  (1) IF AN ATHLETIC PROGRAM DOES NOT RENEW AN ATHLETIC SCHOLARSHIP
OF A STUDENT ATHLETE WHO SUFFERS AN  INCAPACITATING  INJURY  OR  ILLNESS
RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLETIC PROGRAM, AND THE
INSTITUTION  OF  HIGHER  EDUCATION'S MEDICAL STAFF DETERMINES THAT HE OR
SHE IS MEDICALLY INELIGIBLE TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS,
THE INSTITUTION OF HIGHER EDUCATION SHALL PROVIDE AN EQUIVALENT SCHOLAR-
SHIP THAT, COMBINED WITH THE TOTAL DURATION  OF  ANY  PREVIOUS  ATHLETIC
SCHOLARSHIP  OR  SCHOLARSHIPS  RECEIVED  BY THE STUDENT ATHLETE, WILL BE
PROVIDED FOR A TOTAL OF UP TO FIVE ACADEMIC YEARS OR UNTIL  THE  STUDENT
ATHLETE  COMPLETES  HIS OR HER UNDERGRADUATE DEGREE, WHICHEVER PERIOD IS
SHORTER. ADDITIONAL YEARS MAY BE  PROVIDED  AT  THE  DISCRETION  OF  THE
INSTITUTION OF HIGHER EDUCATION.

S. 649--A                           3

  (2)  IF  A  STUDENT ATHLETE TAKES A TEMPORARY LEAVE OF ABSENCE FROM AN
INSTITUTION OF HIGHER EDUCATION, THE DURATION OF THAT LEAVE  OF  ABSENCE
SHALL NOT COUNT AGAINST THE FIVE-YEAR LIMIT ON ELIGIBILITY FOR AN EQUIV-
ALENT SCHOLARSHIP AS PROVIDED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.
  (3)  AN  ATHLETIC PROGRAM SHALL PROVIDE AN EQUIVALENT SCHOLARSHIP TO A
STUDENT ATHLETE WHO WAS ON AN ATHLETIC SCHOLARSHIP AND IS IN GOOD STAND-
ING, BUT HAS EXHAUSTED HIS OR HER ATHLETIC ELIGIBILITY, FOR  UP  TO  ONE
YEAR  OR  UNTIL  THE STUDENT ATHLETE COMPLETES HIS OR HER PRIMARY UNDER-
GRADUATE DEGREE,  WHICHEVER  IS  SHORTER;  PROVIDED,  HOWEVER,  THAT  AN
ATHLETIC  PROGRAM  WITH  A  GRADUATION  SUCCESS RATE THAT IS ABOVE SIXTY
PERCENT, DISAGGREGATED BY TEAM, SHALL NOT BE SUBJECT TO THE REQUIREMENTS
OF THIS PARAGRAPH.
  (4) A STUDENT ATHLETE WHOSE ATHLETIC SCHOLARSHIP IS  NOT  RENEWED  FOR
CAUSE  BY AN ATHLETIC PROGRAM SHALL RECEIVE NO BENEFITS UNDER THIS PART,
BUT MAY APPEAL THIS DECISION WITHIN THE INSTITUTION OF HIGHER  EDUCATION
ATTENDED BY THE STUDENT OR WITHIN THE ATHLETIC CONFERENCE OR ASSOCIATION
OF  WHICH THAT INSTITUTION OF HIGHER EDUCATION IS A MEMBER, AS APPROPRI-
ATE.
  3. FINANCIAL AND LIFE SKILLS COUNSELING. EACH ATHLETIC  PROGRAM  SHALL
CONDUCT  A  FINANCIAL AND LIFE SKILLS WORKSHOP FOR ALL OF ITS FIRST-YEAR
AND THIRD-YEAR STUDENT ATHLETES AT THE BEGINNING OF THE  ACADEMIC  YEAR.
THIS WORKSHOP SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION CONCERN-
ING  FINANCIAL  AID, DEBT MANAGEMENT, AND A RECOMMENDED BUDGET FOR FULL-
AND PARTIAL-SCHOLARSHIP STUDENT ATHLETES LIVING ON OR OFF CAMPUS  DURING
THE  ACADEMIC  YEAR  AND  THE  SUMMER TERM BASED ON THE CURRENT ACADEMIC
YEAR'S COST OF ATTENDANCE. THE WORKSHOP SHALL ALSO  INCLUDE  INFORMATION
ON  TIME  MANAGEMENT  SKILLS NECESSARY FOR SUCCESS AS A STUDENT ATHLETE,
AND ACADEMIC RESOURCES AVAILABLE ON CAMPUS.
  4. DISCIPLINARY ACTIONS. AN  INSTITUTION  OF  HIGHER  EDUCATION  SHALL
GRANT A STUDENT ATHLETE THE SAME RIGHTS AS OTHER STUDENTS WITH REGARD TO
ANY AND ALL MATTERS RELATED TO POSSIBLE ADVERSE OR DISCIPLINARY ACTIONS,
INCLUDING,  BUT  NOT  NECESSARILY  LIMITED TO, ACTIONS INVOLVING ATHLET-
ICALLY RELATED FINANCIAL AID.
  5. REQUEST FOR TRANSFER. AN  ATHLETIC  PROGRAM  SHALL  RESPOND  WITHIN
SEVEN  BUSINESS  DAYS  WITH  AN  ANSWER  TO  A STUDENT ATHLETE'S WRITTEN
REQUEST TO TRANSFER TO ANOTHER INSTITUTION OF HIGHER EDUCATION.
  6. INSURANCE. (A) UNLESS A STUDENT ATHLETE  DECLINES  THE  PAYMENT  OF
PREMIUMS, AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE PREMI-
UMS  OF  EACH  STUDENT  ATHLETE  WHOSE HOUSEHOLD HAS AN INCOME AND ASSET
LEVEL THAT DOES NOT EXCEED THE FEDERAL POVERTY LEVEL, AS ADJUSTED  ANNU-
ALLY, FOR INSURANCE COVERING CLAIMS RESULTING FROM THE STUDENT ATHLETE'S
PARTICIPATION IN THE ATHLETIC PROGRAM.
  (B)  AN ATHLETIC PROGRAM SHALL BE RESPONSIBLE FOR PAYING THE INSURANCE
DEDUCTIBLE AMOUNT APPLICABLE TO THE CLAIM OF  ANY  STUDENT  ATHLETE  WHO
SUFFERS AN INJURY RESULTING FROM HIS OR HER PARTICIPATION IN THE ATHLET-
IC PROGRAM AND MAKES A CLAIM RELATING TO THAT INJURY.
  (C)  IF  A STUDENT ATHLETE SUFFERS AN INJURY RESULTING FROM HIS OR HER
PARTICIPATION IN THE ATHLETIC  PROGRAM  THAT  REQUIRES  ONGOING  MEDICAL
TREATMENT,  THE  ATHLETIC  PROGRAM  SHALL  PROVIDE, FOR A MINIMUM OF TWO
YEARS FOLLOWING THE STUDENT ATHLETE'S GRADUATION OR SEPARATION FROM  THE
INSTITUTION OF HIGHER EDUCATION, ONE OF THE FOLLOWING:
  (1)  ALL  MEDICAL  TREATMENT  NECESSARY  FOR  TREATMENT OF THE STUDENT
ATHLETE'S INJURY OR CONDITION; OR
  (2) HEALTH INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE  COVERAGE  FOR
ALL  MEDICAL  TREATMENT NECESSARY FOR TREATMENT OF THE STUDENT ATHLETE'S
INJURY OR CONDITION, TOGETHER WITH ALL RESULTING DEDUCTIBLE AMOUNTS.

S. 649--A                           4

  (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PRE-EXISTING
MEDICAL CONDITIONS THAT PRE-DATE THE STUDENT ATHLETE'S PARTICIPATION  IN
THE ATHLETIC PROGRAM.
  7.  GUIDELINES.  AN  ATHLETIC PROGRAM SHALL ADOPT AND IMPLEMENT GUIDE-
LINES TO PREVENT, ASSESS, AND TREAT SPORTS-RELATED CONCUSSIONS AND DEHY-
DRATION.  IN ADDITION, AN ATHLETIC PROGRAM  SHALL  ADOPT  AND  IMPLEMENT
EXERCISE  AND  SUPERVISION GUIDELINES FOR ANY STUDENT ATHLETE IDENTIFIED
WITH POTENTIALLY LIFE-THREATENING HEALTH CONDITIONS WHO PARTICIPATES  IN
AN ATHLETIC PROGRAM.
  8.  APPLICABILITY.  (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO AN INSTITUTION OF HIGHER EDUCATION THAT RECEIVES, AS AN AVERAGE, LESS
THAN TEN MILLION DOLLARS IN ANNUAL INCOME DERIVED FROM MEDIA RIGHTS  FOR
INTERCOLLEGIATE ATHLETICS.
  (B)  AN  INSTITUTION  OF HIGHER EDUCATION SUBJECT TO THE PROVISIONS OF
THIS SECTION SHALL RELY EXCLUSIVELY ON REVENUE DERIVED FROM MEDIA RIGHTS
FOR INTERCOLLEGIATE ATHLETICS TO DEFRAY ANY  COSTS  ACCRUED  UNDER  THIS
SECTION.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2027.