Comments on Proposed Rules Prohibiting Deceptive Trade
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Comments Received by the Department of Consumer Affairs on Proposed Rules Prohibiting Deceptive Trade Practices by Certain For-Profit Schools IMPORTANT: The information in this document is made available solely to inform the public about comments submitted to the agency during a rulemaking proceeding and is not intended to be used for any other purpose October 16, 2019 Mr. Carlos A. Ortiz Director of Legislative Affairs New York City Department of Consumer Affairs 42 Broadway, 8th Floor New York, NY 10004 Re: Testimony on NYC DCA Proposed Rules Regarding Deceptive Trade Practices of For-Profit Educational Institutions Dear Mr. Ortiz, I am writing to you today as an alumna in support of Berkeley College and to express my concerns over the proposed rules targeting for-profit educational institutions. Degree granting colleges and universities should be exempt from the rules proposed by the New York City Department of Consumer Affairs because colleges and universities are regulated by the U.S. Department of Education and New York State education Department. Education is not a consumer good and should not be treated as such. Choosing a college is a daunting task. Representatives from Berkeley came to talk to my senior class and the school piqued my curiosity. I visited the White Plains campus and was instantly drawn to Berkeley. Furthermore, I was awarded a full academic scholarship for my Associates degree (my major was Accounting). I later enrolled in a Bachelor’s degree program at the College, and was awarded a 75% academic scholarship. This was the best decision I could have made. I come from a working class family that fully supported my decision to go to college, but could not financially support me in pursuit of my continuing education. Berkeley College allowed me the opportunity to study in a field I love, earn my Bachelor’s degree (which in today’s time is a necessity), and kick start my professional career as an accountant. This allowed me to pay off my tuition within one year of graduating college, unlike many of my peers who went elsewhere. The experiences I have had, including studying abroad, and the memories and friendships I have made during my time at made Berkeley College are priceless. Thank you. Regards, Emily E. Imbesi Class of 2001 ADRIANA DELGADO October 15, 2019 Mr. Casey Adams Director of City Legislative Affairs New York City, Department of Consumer Affairs 42 Broadway, 8th Floor New York, NY 10004 Re: Testimony on NYC DCA Proposed Rules Regarding Deceptive Trade Practices of For-Profit Educational Institutions Dear Mr. Adams, On behalf of the Berkeley College Alumni Association as the current President of the Alumni Board, I am submitting testimony in opposition to the “Deceptive Advertising by For-Profit Educational Institutions” Rules as proposed by the New York City Department of Consumer Affairs (DCA). As a Berkeley College graduate, I am proud to serve as the President of the Alumni Association and have remained connected to the institution ever since I graduated in 2000. I know in my heart that Berkeley College is fully committed to its alumni and graduates, providing lifetime career assistance support and on-going alumni programming designed for life-long success. Community Service is also a big focus of the Alumni Association. Giving back and service to others is something near and dear to my heart. I have served the past two years as the Alumni Community Service Liaison, encouraging alumni to participate in Community Service Week, part of the Berkeley Cares initiative at the College. Last year Berkeley College contributed 1,800 volunteer hours to community organizations across the New York City metro area and will be doing the same again this May. Berkeley College prepared me in many ways for the career that I have today as a Visual Merchandising Senior Analyst at Verizon Wireless. The project presentations in my classes prepared me for my current role and helped me to become more comfortable with public speaking, which can be intimidating. Berkeley helped me overcome this as seen by the various leadership roles in which I serve today. I credit a big part of my career success to my Berkeley College education and feel that the NYC DCA is unfairly attacking the proprietary sector degree granting institutions like Berkeley College and not crediting or acknowledging the many successes of the nearly 60,000 Berkeley College alumni. In conclusion, it would be much more productive if the NYC DCA got to know our college more and the great impact our graduates have on the City of New York and beyond. Ms. Adriana Delgado President, Berkeley College Alumni Association Berkeley College Class of 2000 LEGISLATIVE OFFICE CO-OP CITY OFFICE 250 BROADWAY, SUITE 1770 135 EINSTEIN LOOP, ROOM 44 NEW YORK, NY 10007 BRONX, NY 10475 Phone: (212) 482-6697 Phone: (347) 326-8652 Fax: (212) 788-8954 Fax: (347) 326-8653 DISTRICT OFFICE Committees 940 EAST GUN HILL ROAD THE COUNCIL OF BRONX, NY 10469 Civil Service & Labor; Phone: (718) 684-5509 THE CITY OF NEW YORK Education; Land Use; Parks and Recreation; Fax: (718) 684-5510 OUNCIL EMBER TH Youth Services; [email protected] C M 12 C.D. Subcommittee on Planning, Dispositions & ANDY L. KING Concessions CHAIR OF THE COMMITTEE ON JUVENILE JUSTICE October 15, 2019 Mr. Carlos Ortiz Director of Legislative Affairs New York City Department of Consumer Affairs 42 Broadway, 8th Floor New York, NY 10004 Mr. Ortiz: I am writing to express our opposition to the proposed NYC DCA regulations regarding for- profit colleges. While I understand that your goal is to protect students from fraud and misleading information, the reality is that the proposed rule will harm colleges that have excellent outcomes, such as Monroe College in the Bronx, and will result in misleading and confusing information being presented to students. The proposal assumes that degree-granting for-profit colleges in New York are unregulated. This is patently false. These colleges are regulated by the Board of Regents of the State of NY, the New York State Education Department, the US Department of Education, and accreditors such as Middle States Commission on Higher Education. The proposal also falsely assumes that graduation rates are low at for-profit degree-granting institutions. Monroe College has an on-time associate degree graduation rate that is 10 times higher than the local public institutions. The proposed regulation would have the effect of confusing and misleading New Yorkers since similar information should be available for similar programs at all colleges. For example, the proposed rule would result in one graduation rate being used by for- profit colleges and a separate rate being used by all other institutions. This will lead to massive confusion and is contrary to the mission of consumer protection. The proposed rule limits communication to a prospective student to two communications in a seven-day period. This will harm students seeking assistance, especially first-generation students who often need outreach. Lastly, the proposed rule takes a horrible step backward by requiring for-profit institutions to call their admissions advisors “salespeople” and makes it “a deceptive trade practice” to refer to the staff who help students enroll as “advisors” or “counselors.” Unfortunately, there is a national movement that has now come to New York and New York City that is trying to eliminate the for-profit sector of education. The movement is philosophically opposed to the idea of for-profit education. It is not focused on student outcomes nor does acknowledge the impact these institutions have on our communities. For these reasons, we ask that the Department of Consumer Affairs not rush to promulgate these ill-conceived rules and rather seek input from a wide range of constituents. In The Spirit of Unity, Hon. Andy L. King Council Member for the 12th District/Bronx “Our Perseverance In The Future Lies in the Resiliency of Our Past”—Council Member Andy King 2 | P a g e THE ASSEMBLY COMMITTEES Cities STATE OF NEW YORK Higher Education Housing Real Property Taxation ALBANY Small Business Social Services VICTOR M. PICHARDO Black, Puerto Rican, Hispanic & Asian th Assemblymember 86 District Legislative Caucus Bronx County CHAIR Puerto Rican/Hispanic Task Force Task Force on New Americans October 16, 2019 Mr. Carlos Ortiz Director of Legislative Affairs New York City Department of Consumer Affairs 42 Broadway, 8th Floor New York, NY 10004 Dear Mr. Ortiz, I am writing to express my concern regarding the proposed For-Profit College Accountability Act. While I support the Department of Consumer Affairs’ effort to address deceptive trade practices by certain for-profit schools, I am concerned that the current proposal will harm an effective and ethical institution like Monroe College, while also setting back the Mayor’s goal of improving access and equity in the Bronx. During my time as a State legislator representing the 86th Assembly district in the West Bronx, I have witnessed firsthand the lengths Monroe College gone to help build a better Bronx. They have continuously improved its residents’ lives through education and is ranked among the top three institutions in New York State for graduating black and Latinx students and they have done so through comprehensive support programs and services to ensure that students can succeed. For these reasons alone, I ask that the DCA reconsider the following: The regulation proposes metrics that will mislead and confuse students given that the disclosures resulting from them will only be required from proprietary institutions. If DCA’s stated purpose to protect students is genuine, it’s not clear how it believes students can be well-served by such inconsistently applied, divergent metrics.