THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12230

 

TO:

The Honorable the Members of the Board of Regents

FROM:

Carole F. Huxley

COMMITTEE:

Cultural Education

TITLE OF ITEM:

Amendment of Sections 185.5 and 185.12 of the Regulations of the Commissioner of Education Records Retention and disposition Schedule ED-1

DATE OF SUBMISSION:

April 23, 2004

PROPOSED HANDLING:

Discussion

RATIONALE FOR ITEM:

Policy discussion prior to action

STRATEGIC GOAL:

2

AUTHORIZATION(S):

 

 

SUMMARY: 

 

          Attached is a proposed amendment of sections 185.5 and 185.12 of the Regulations of the Commissioner of Education.  Additional supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

          Article 57-A of the Arts and Cultural Affairs Law defines the responsibilities of the Commissioner of Education to advise local governments on the development of programs for the creation, maintenance, preservation, reproduction, retention, and disposition of their records; on the development of micrographics systems, automated data processing systems, and other systems that rely on technology to create, store, manage, and reproduce information or records; and on the preservation and use of vital records and records of enduring value for historical or other research purposes.  The law authorizes the Commissioner of Education to issue records retention and disposition schedules for local government records.

 

          The purpose of the proposed amendment is to revise and update Records Retention and Disposition Schedule ED-1 (8 NYCRR, Section 185.12 - Appendix I). The proposed amendment has been recommended by the State Education Department after consultation with and review by the New York State Local Government Records Advisory Council.  Schedule ED-1 has been substantially revised since it was last issued in 1997.  The revised Schedule ED-1 contains 105 new items and 163 substantially revised items.  Working closely with other SED staff and receiving valuable input from local governments, State Archives staff added and revised items based on requirements of the No Child Left Behind Act.  For the first time, records in certain automated systems used in many local governments are now covered by these schedules. Indices were updated to cover all new and revised items on the Schedule.  Copies of the complete schedule are available in the Regents Office for consultation. 

 

          A Notice of Proposed Rule Making was published in the State Register on April 7, 2004. It is anticipated that the proposed amendment will be submitted for approval at the June 2004 meeting, with a proposed effective date of July 15, 2004.

 

                   

Attachment

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

                    Pursuant to section 207 of the Education Law and section 57.25 of the Arts and Cultural Affairs Law.

                    1. Paragraph (3) of subdivision (a) of section 185.5 of the Regulations of the Commissioner of Education is amended, effective July 15, 2004, as follows:

                    (3)  Records retention and disposition schedule ED-1 (1988; [rev. 1997] rev. 2004), as set forth in section 185.12 of this Part and Appendix I of this Title, for school districts, boards of cooperative educational services, teacher resource and computer training centers and county vocational education and extension boards.

                    2.  Section 185.12 of the Regulations of the Commissioner of Education is amended, effective July 15, 2004, as follows:

                    Section 185.12  Records retention and disposition schedule ED-1, 1988; [rev.  1997] rev. 2004 (see Appendix I of this Title).