New York State Article 129-B, also known as "Enough is Enough," is legislation that 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.
Each institution is required by Education Law §6440(1) to adopt written rules implementing this article by amending its code of conduct or other comparable policies. A copy of these rules and policies must be filed with SED.
Institutions must also file a certificate of compliance with the provisions of this article with SED annually. If an institution fails to file a certificate of compliance annually, the institution will be ineligible for any State aid or assistance until the certificate is filed. The Department has developed an electronic process for the submission and recording of the required annual certificates of compliance and the written rules and policies.
Religious Institutions may apply for an exemption from state authorization requirements concerning provision of postsecondary education programs in New York State.
Ability-to-Benefit (ATB) Testing Requirements for State Financial Aid
A student seeking State financial aid (including TAP) for the first time, beginning with the 2007-08 academic year, must pass a federally approved ATB test identified by the Board of Regents if the student does not possess a U.S. high school diploma or its recognized equivalent.
Required Disclosure by Institutions Authorized to Award Degrees of Gifts by Foreign Governments, Persons, or Entities
Every institution in New York State authorized to award degrees either by the Legislature or by the Board of Regents is required by Section 207-a of the Education Law to file annually with the State Education Department a report of gifts valued at more than $100,000 that it has received during the most recent fiscal year from foreign governments, persons, or entities.