Legislative Task Force Sub-Committee
Meeting Minutes
November 9, 2000
Present: Vincent Ferrara, Learning Institute for Beauty Sciences (Chairman)
Lorraine Altman, Xincon
Samantha Cooper, IKON
Allan Goldberg, Fedcap
Barbara Harrington, Harrington School
Tom Rose, NYS Dept. of Labor
Terence Zaleski, Coalition of NYS Career Schools
Next Meeting: February 8, 2001, 10:30am
NYS Dept. of Labor, Commissioner’s Suite
345 Hudson Street
New York, NY 10014-0706
I. Announcements
During the August 17, 2000 BPSS Advisory Council (AC) meeting, the Legislative Sub-Committee was asked to itemize key issues to bring to the next AC meeting for support. (This meeting was a follow up of our September 21, 2000 meeting.) The following issues have been raised for discussion:
II. Issues
Tuition Assistance Program (TAP)
This committee is looking to the AC for a formal position in support of eligibility expansion for TAP funds. We request that the AC coordinate a meeting with Saul Cohen at Regents for further discussion.
Dual Licensure for Directors as Agents
The committee feels that it is a duplication of responsibility for licensed Directors to hold an Agent’s certificate as well. As Director, he/she is ultimately responsible for all aspects of the school. As trained by BPSS in the Directors Course, they are responsible for training the admissions people to follow the law and ultimately protect the students’ interests. To further support this position, the Commissioners Regulations, Section 126.14(b)(4), states:
"If the agent demonstrates, to the satisfaction of the commissioner, that the action for which the agent was fined was undertaken because of explicit instructions from the school owner, director, or other school administrator, the commissioner shall take appropriate disciplinary action against the school in accordance with Education Law, section 5003, to require the school to indemnify or reimburse the agent the amount of the fine and pay to the commissioner an additional fine of an equal amount."
According to this clause, the director is responsible for the agent’s actions and could be double-fined if their actions are found to misdirect the licensed agent.
Language Restrictions on State Licensure Exams
Recently, the Secretary of State has reduced the number of available languages on the state licensure exam for cosmetology. Previously, there were many languages available. The following languages that are currently available: English, Spanish, Korean, Japanese, Russian, and Chinese. The committee requests that the AC work with the Secretary of State to expand on the availability of languages. The interested schools may be willing to help fund the project.
Underground Training ("Exam Cramming")
Under Section 406(2c) of licensing law, licensing candidates coming to the U.S. for cosmetology-related licensure can be exempt from the training requirement for licensure if they can prove five years of experience in their home country. As a short cut to licensure, exam-cramming sessions are being developed underground to prepare these candidates for the license exam. The regulatory arm of the beauty enhancement schools is being undermined. Normally, the licensed school assesses the potential candidate and places them appropriately to complete their education to prepare for the licensure exam. The exam scores of these candidates are then linked back to the school as part of their success rates as reported to the State. The Committee requests that the AC protect the interests of licensed schools by closing these "loopholes" for licensure.
III. Open Discussion
Request for Proposal (RFP) Response
Under the current regulations, the Bureau is allowed 120 days for review of a curriculum. Because of this timeline, it is sometimes very difficult for a licensed school to have a program or course approved in time to respond to a specific RFP. The Committee would like to meet with the AC to discuss possible policy guideline generation or legislation changes to refine the curriculum approval process in regards to RFP response.