THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

 

TO:	The Honorable the Members of the Board of Regents
FROM:	Kathy A. Ahearn
COMMITTEE:	Full Board
TITLE OF ITEM:	Proposed Amendment to the Rules of the Board of Regents relating to Standing Committees
DATE OF SUBMISSION:	January 28, 2004
PROPOSED HANDLING:	Approval
RATIONALE FOR ITEM:	Implementation of Regents Policy
STRATEGIC GOAL:	Goals 5 and 6
AUTHORIZATION(S):

 

SUMMARY:

 

Attached is a proposed amendment of sections 3.2 and 4-1.5 of the Rules of the Board of Regents submitted for approval.  Supporting materials are available upon request from the Secretary to the Board of Regents. 

 

            The purpose of the proposed amendment is to conform the Rules of the Board of Regents to a recent reorganization of the committee structure of the Board of Regents, which merged the Committee on Higher and Professional Education and the Committee on Professional Practice, and merged the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational and Educational Services for Individuals with Disabilities.

 

A Notice of Proposed Rule Making was published in the State Register on December 31, 2003. 

 

RECOMMENDATION:   It is recommended that the Rules of the Board of Regents be amended in accordance with the attached draft and that the Regents take the following action:

 

VOTED:  That section 3.2 and subparagraph (iii) of paragraph (11) of subdivision (b) of section 4-1.5 of the Rules of the Board of Regents be amended, as submitted, effective March 18, 2004.

 

 

Attachment

 

AMENDMENT OF SECTIONS 3.2 AND 4-1.5 OF THE RULES OF THE BOARD OF REGENTS

Pursuant to section 207 of the Education Law

            1.  Section 3.2 of the Rules of the Board of Regents is amended, effective March 18, 2004, as follows:

§3.2 Committees.

            (a)  [On or before the 15th day of April in each year, the] The chancellor shall appoint the following standing committees and designate the [chairperson and vice-chairperson] leadership of each committee:

            (1)  Quality.

            (2) [Higher and Professional Education] Higher Education and Professional Practice.

            (3)  Elementary, Middle, Secondary and Continuing Education and Vocational and Educational Services for Individuals with Disabilities.

            (4)  Cultural Education.

            (5)  [Professional Practice.

            (6)  Vocational and Educational Services for Individuals with Disabilities.

            (7)]  Ethics

            (b)  .  .  .

            (c)  .  .  .

            (d)  The functions of the standing committees shall include:

            (1)  .  .  . 

            (2)  Committee on [Higher and Professional Education] Higher Education and Professional Practice:

            (i)  develops policy recommendations regarding postsecondary education and retraining programs, and develops policy recommendations regarding standards of professional conduct, continuing competence standards, professional practice issues, professional assistance programs, and the disciplinary process, and monitors implementation of such functions by the department;

            (ii)  oversees preparation of the statewide plan for the development of postsecondary education and reviews and approves amendments to institutional or sectoral master plans for new programs and facilities;

            (iii)  reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education pertaining to postsecondary education issues, including academic and professional program approval, student and institutional financial aid, professional licensure requirements, and the administration of continuing professional competence requirements, and amendments relating to professional practice and professional conduct;

            (iv)  oversees administration of continuing competence requirements for professional licensure and registration;

            (v)  develops policy recommendations concerning professional manpower, examination and licensure issues and requirements, including minority access to professional education and licensure;

            (vi)  reviews and approves appointments to the State boards for regular service (advising on licensure, examinations, practice and discipline) for the professions [in conjunction with the Committee on Professional Practice];

            (vii)  reviews and approves the recommendations of the Staff Committee on the Professions on applications for waiver of licensure requirements;

            (viii)  monitors the financial conditions of postsecondary institutions;

            (ix)  develops legislative and budgetary proposals for higher and professional education, professional practice and professional discipline, and monitors advocacy of such proposals;

            (x)  recommends appointments to advisory councils and boards; and

            (xi)  seeks input from the public and the field concerning postsecondary education policies and practices; and

            (xii)  reviews and makes recommendations to the full board on incorporation and chartering of higher education institutions and organizations, professional organizations, and institutions offering professional education programs.

(xiii)  reviews and approves appointments to the State Boards for the Professions for service on licensure/disciplinary panels;

(xiv)  reviews Regents Review Committee recommendations and proposed consent orders and surrenders of license in professional discipline cases;

(xv)  reviews the recommendations of the Staff Committee on the Professions on petitions for restoration of a professional license, and;

(xvi)  seeks input from the public and the professions concerning professional practice and professional discipline policies and practices;

            (3)  Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Educational Services for Individuals with Disabilities:

            (i)  develops policy recommendations regarding elementary, middle and secondary education, workforce preparation and continuing education, vocational rehabilitation and special education, overall coordination of vocational and educational services for individuals with disabilities, and coordination of interagency agreements and activities;     

            (ii)  reviews the monitoring of elementary, middle and secondary education and workforce preparation and continuing education programs, services, and results;

            (iii)  monitors State aid programs to elementary, middle and secondary schools;

            (iv)  seeks input from the public and the professional field concerning elementary, middle and secondary education and workforce preparation and continuing education policies and practices;

            (v)  reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education pertaining to elementary, middle and secondary education and workforce preparation and continuing education, and amendments relating to vocational rehabilitation, special education and related educational services for individuals with disabilities;

            (vi)  reviews the provision of technical assistance to elementary, middle and secondary schools;

            (vii)  develops legislative and budgetary proposals for elementary, middle and secondary education and workforce preparation and continuing education, vocational rehabilitation, special education and related educational services for individuals with disabilities, [and] monitors the advocacy of such proposals, and leads in pressing for legislative and budgetary priorities within the department and with the Legislature;

            (viii)  initiates studies and activities leading to the improvement of educational conditions and outcomes for children from birth through high school graduation and adults in workforce preparation and continuing education programs; and

            (ix)  reviews and makes recommendations to the full board on incorporation and chartering of institutions and organizations proposing to offer prekindergarten, kindergarten, elementary, middle or secondary education programs.

            (x)  monitors the implementation of vocational rehabilitation and special education programs and services and of interagency agreements;

            (xi)  reviews the development and implementation of the Regents Comprehensive Plan for the Office of Vocational and Educational Services for Individuals with Disabilities; and

            (xii)  seeks input from the public and professional field on policies and practices concerning vocational rehabilitation; special education and related educational services for individuals with disabilities.

            (4)  .   .   .

            (5)  [Committee on Professional Practice:

            (i)  develops policy recommendations regarding standards of professional conduct, continuing competence standards, professional practice issues, professional assistance programs, and the disciplinary process;

(ii)  monitors implementation of such functions by the department;

(iii)  reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education relating to professional practice and professional conduct;

(iv)  reviews and approves appointments to the State Boards for the Professions for service on licensure/disciplinary panels;

(v)  reviews Regents Review Committee recommendations and proposed consent orders and surrenders of license in professional discipline cases;

(vi)  reviews the recommendations of the Staff Committee on the Professions on petitions for restoration of a professional license;

(vii)  seeks input from the public and the professions concerning professional practice and professional discipline policies and practices;

(viii)  develops legislative and budgetary proposals relating to professional practice and professional discipline policies and practices and monitors advocacy of such proposals.

(6)  Committee on Vocational and Educational Services for Individuals with Disabilities. 

(i)  develops policy recommendations regarding vocational rehabilitation and special education, overall coordination of vocational and educational services to individuals with disabilities, and coordination of interagency agreements and activities;

            (ii)  monitors the implementation of vocational rehabilitation and special education programs and services and of interagency agreements;

            (iii)  develops legislative and budgetary proposals for vocational rehabilitation, special education and related educational services for individuals with disabilities, and leads in pressing for legislative and budgetary priorities within the department and with the Legislature;

            (iv)  reviews and approves amendments to the rules of the Board of Regents and regulations of the Commissioner of Education relating to vocational rehabilitation, special education and related educational services for individuals with disabilities;

            (v)  reviews the development and implementation of the Regents Comprehensive Plan for the Office of Vocational and Educational Services for Individuals with Disabilities; and

            (vi)  seeks input from the public and professional field on policies and practices concerning vocational rehabilitation; special education and related educational services for individuals with disabilities.

            (7)]  Committee on Ethics:

            (i)  .   .   .

            (ii)  .   .   .

            (iii)  .   .   .

            (iv)  .   .   .

            (v)  .   .   .

            (vi)  .   .   .

            (e)  .   .   .

            (f)  Each committee shall meet at the time and place designated by its [chairperson] leadership , and notice thereof shall be mailed to each member of the committee five days prior to the date of such meeting.                                                                                                                                                                                                                                                                                                   

            (g)  .   .   .

            (h)  .   .   .

            2.  Subparagraph (iii) of paragraph (11) of subdivision (b) of section 4-1.5 of the Rules of the Board of Regents is amended, effective March 18, 2004, as follows:

            (iii)  The commissioner shall transmit the appeal papers to a standing subcommittee on accreditation appeals of the committee on [higher and professional education] higher education and professional practice of the Board of Regents.