New York S 3076: Enacts the "higher education closure advanced notice act"

Bill Text

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S03076 Summary:

BILL NOS03076 

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SAME ASNo Same As

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Add Art 25 §§1301 - 1306, Ed L

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Enacts the "higher education closure advanced notice act"; requires an institution of higher education to provide notice of an order of closure that can be reasonably expected to cause an interruption in the continuity of a program of higher education for affected students at least ninety days before such order of closure takes effect; provides exceptions where an institution of higher education is not required to provide notice of such an order of closure at least ninety days before such order of closure takes effect; provides for a civil penalty for violations.

Go to top S03076 Actions:

BILL NOS03076 

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01/23/2025REFERRED TO HIGHER EDUCATION

01/07/2026REFERRED TO HIGHER EDUCATION

Go to topS03076 Committee&nbspVotes:

Go to topS03076 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03076 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3076

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sen. FAHY -- 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 enacting the "higher
 education closure advanced notice act"

 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 25 to
 2 read as follows:

 3 ARTICLE 25
 4 HIGHER EDUCATION CLOSURE ADVANCED NOTICE ACT

 5 Section 1301. Short title.
 6 1302. Definitions.
 7 1303. Notice.
 8 1304. Exceptions.
 9 1305. Powers of the commissioner.
 10 1306. Civil penalty.
 11 § 1301. Short title. This article shall be known and may be cited as
 12 the "higher education closure advanced notice act".
 13 § 1302. Definitions. For the purposes of this article, the following
 14 terms shall have the following meanings:
 15 1. "Affected students" means enrolled students who may reasonably be
 16 expected to experience an interruption in the continuity of their
 17 program of higher education as a consequence of a proposed closure of an
 18 institution of higher education by such institution.
 19 2. "Interruption in the continuity of a program of higher education"
 20 means a break in continuous semester-to-semester enrollment in a
 21 degree-bearing program that could be reasonably expected to occur if the
 22 institution of higher education at which a student is enrolled ceases to
 23 offer educational instruction.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07297-01-5

 S. 3076 2

 1 3. "Institution of higher education" means any business or public
 2 entity or not-for-profit organization offering instruction in higher
 3 education as defined by subdivision eight of section two of this title.
 4 4. "Closure" means a ceasing of offering of educational instruction by
 5 an institution of higher education.
 6 § 1303. Notice. 1. An institution of higher education shall not order
 7 a closure that can be reasonably expected to cause an interruption in
 8 the continuity of a program of higher education for affected students
 9 unless, at least ninety days before such order takes effect, such insti-
 10 tution of higher education gives written notice of such order to the
 11 following:
 12 (a) affected students;
 13 (b) the department; and
 14 (c) the local workforce investment boards established pursuant to the
 15 federal Workforce Investment Act (P.L. 105-220) for the locality in
 16 which the closure will occur.
 17 2. The mailing of notice to an affected student's last known address
 18 by either first class or certified mail or notification by electronic
 19 mail shall be considered acceptable methods for fulfillment of the
 20 institution of higher education's obligation to give notice to each
 21 affected student under subdivision one of this section.
 22 § 1304. Exceptions. 1. Notwithstanding the requirements of subdivision
 23 one of section thirteen hundred three of this article that notice of an
 24 order of closure be provided at least ninety da