NYS Ed. Law Article 129-A and 129-B Certification

NYS Education Law Article 129-A and Article 129-B Certification


New York State Education Law Article 129-A and Article 129-B Summary

Article 129-A

New York State Education Law Article 129-A requires all New York State public and private colleges and universities to maintain policies related to specific provisions of the Article.  Each year, campuses must certify that they are in compliance with Article 129-A.  In the first year Article 129-A was in effect, campuses had to submit their policies to demonstrate compliance with the various provisions of the law.  Additionally, every ten years from the initial passage and policy filing, campuses must once again submit actual copies of the policies they have in place to comply with Article 129-A to demonstrate their adherence to the law.  This decennial policy requirement will not take place again until 2024.  The Article provisions applicable to SUNY campuses, that SUNY campuses must certify compliance with each year include:

  1. Advisory committee on campus security;
  2. Sexual assault, domestic violence and stalking prevention information;
  3. Campus crime reporting and statistics;
  4. Investigation of violent felony offenses;
  5. Bias related crime prevention information;
  6. Prohibition on the marketing of credit cards; and
  7. Notification of fire safety standards and measures in all college-owned or operated housing.

Article 129-B 

New York State Article 129-B, also known as "Enough is Enough," is new legislation signed into law by governor Cuomo in July of 2015.  The law is intended "to combat sexual assault on college and university campuses statewide. The new law requires all colleges to adopt a set of comprehensive procedures and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy, and expanded access to law enforcement to ensure the safety of all students attending colleges in New York State."

Article 129-B (except for the provisions regarding Climate Surveys [Education Law §6445] and Reporting Aggregate Data to the Department [Education Law §6449]) became effective October 5, 2015. The Climate Survey and Aggregate Data sections of hte law take effect in July 2016, with the provisions applying for the 2016-2017 academic year.

From Governor Cuomo's Press Release announcing the law:

The new law requires private colleges in New York State to adopt or implement:

Additionally, the new law includes:

Compliance with NYS Article 129-A and 129-B at SUNY

Compliance Deadlines

Forms are typically mailed to each campus President individually, and also posted ot the NYSED website.

Article 129-A Compliance Information

  1. Written Policies and Procedures
    When Article 129-A was first enacted, SUNY campuses had to establish policies and procedures to address all of the elements of the law.  Most of the policies were adopted at the System level to apply system-wide across all campuses, but some were left to the individual institutions to establish locally.  See the Policies and Procedures section of this webpage for more information on the Policies and Procedures enacted in response. 
  2. Annual Certification:
    Pursuant to New York State Education Law § 6430, each year, public and private colleges must provide certification to the New York State Education Department Office of Higher Education (NYSED) that the institution is in compliance with all applicable provisions of the Article via a form provided by NYSED.  This yearly compliance certification is NOT done centrally through SUNY System Administration.  Each state-operated and community college campus is required to submit their own certification on behalf of their institution. Each SUNY campus President is the required signator on the certification form, and has the duty to submit certification to NYSED for their institution on or before July 1st of each year.
  3. Decennial Compliance with Article 129-A in 2004, 2014, 2024*:
    In addition to the certification form that must be submitted on or before July 1st of each year to NYSED, the law also requires that institutions submit actual copies of their policies every ten years to demonstrate their compliance rather than simply signing a form attesting that policies are in place at an institution. This ten year requirement occurred in 2004, and again in 2014. So long as the law does not change in the years that follow, the next time campuses will be required to submit their actual policies to show compliance with Article 129-A is in the year 2024.
    * NOTE: This second compliance requirement occurs every ten years ONLY.

Article 129-B Compliance Information

  1. Written Policies and Procedures
    Each institution is required by Education Law §6440(1) to adopt written rules implementing Article 129-B by amending its code of conduct or other comparable policies.
  2. Initial and Decennial Submission of written Policies and Procedures implementing Article 129-B
    After an institution adopts new written rules implementing Article 129-B, a copy of these rules and policies must be filed with SED on or before July 1, 2016. Updated policies must be filed at least every 10 years, except that the second filing shall coincide with the required filing of a certificate of compliance under Article 129-A of the Education Law, and continue on the same cycle thereafter.
  3. Certificate of Compliance
    Institutions must also file a certificate of compliance with the provisions of this article with SED on July 1, 2016.  The certificate is signed by the President of the institution, and certifies compliance with the provisions of the article. If an institution fails to file a certificate of compliance on or before September 1, 2016, and annually thereafter, the institution will be ineligible for any State aid or assistance until the certificate is filed.
  4. Enforcement
    SED will conduct random audits, at any time after September 1, 2016 to ensure compliance with the provisions of this article.

2016 Compliance Process and Information

Applicable Laws and Regulations

Article 129-A Law

New York State Article 129-A and Related Provisions

Article 129-A REGULATION BY COLLEGES OF CONDUCT ON CAMPUSES AND OTHER COLLEGE PROPERTY USED FOR EDUCATIONAL PURPOSES

Article 129-B Law

New York State Education Law Article 129-B 

Article 129-B Regulations

The SED will be conducting rule making for the  aggregate data reporting required by 6449. Certification with that section is not required by July 1, 2016. Further, the climate survey provision in 6445 becomes effective in July 2016, meaning that a survey must be completed before July 2017 (in the 16-17 academic year). Surveys completed prior to this date may also meet the law provided they met the other requirements (and then must be conducted every other year).  The NYSED website where information on Article 129-A and 129-B is posted notes that "information on how and when to submit the annual aggregate data reports required under §6449 will be posted here as soon as it is available." 

Applicable SUNY Policies and Procedures

SUNY's Policies Pursuant to Article 129-A

SUNY's Policies Pursuant to Article 129-B

Resources

NYSED Resources:

New York State Education Department Office of Higher Education, Webpage on Article 129-A and 129-B of the Education law 

SUNY Resources:

Article 129-B Guidance Document http://www.highered.nysed.gov/ocue/documents/Article129-BGuidance.pdf.

Supplemental Materials

Article 129-A

SUNY Compliance Checklist Guidance Document for 2014 Policy Submission:  The SUNY Compliance Office has created a checklist of exactly what policies must be submitted to comply with the provisions of the law for the 2014 decennial policy-submission compliance requirement.  This checklist was distributed via the appropriate SUNY compliance listservs.

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The information contained on the SUNY Compliance website is for general campus guidance only and is not intended, nor can be relied upon, as legal advice or the imposition on SUNY campuses of specific policies or requirements. The site is intended to be an informational-only clearinghouse for some of the laws, rules, and regulations that may impact the State University of New York’s campuses. Additionally, given the rapid, changing nature of laws, rules and regulations, there may be delays or omissions contained on this site which therefore cannot be relied upon as complete. For complete compliance information, consult your campus compliance officials. For legal advice, consult your lawyer.

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