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

SUBJECT:

2006 Regulatory Agenda

 

DATE:

November 21, 2005

 

STRATEGIC GOAL:

Goal 2

 

AUTHORIZATION(S):

 

 

 

Summary

 

Issue for Decision

 

            Should the Board of Regents approve the 2006 Regulatory Agenda?

 

Reason for Consideration

 

Required by State statute.  

           

Proposed Handling

 

            Discussion and approval.   

 

Procedural History

 

            N/A                 

 

Background Information

 

Section 202-d of the State Administrative Procedure Act (SAPA) requires that the State Education Department publish, each year, a regulatory agenda in the first January issue, and in the last June issue, of the State Register.  The 2006 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during calendar year 2006, but has not yet submitted a Notice of Proposed Rule Making.  SAPA ß202-d(2) provides that nothing in the statute precludes the Department from adopting a different rule from the one appearing in the regulatory agenda.  If we do intend to adopt additional rules, the Department must indicate in the Notice of Proposed Rule Making that the rule was not under consideration when the regulatory agenda was submitted for publication.  SAPA ß202-d(2) also provides that nothing in the statute requires an agency to adopt a rule appearing in the regulatory agenda.

 

Recommendation

 

It is recommended that Board of Regents take the following action:

 

VOTED: That the 2006 Regulatory Agenda for the State Education Department be approved, as submitted.

 

Timetable for Implementation

 

            The 2006 Regulatory Agenda will be published in the State Register on January 4, 2006.

 


STATE EDUCATION DEPARTMENT

2006 REGULATORY AGENDA

            Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for calendar year 2006.  All section and part references are to Title 8 of the New York Code of Rules and Regulations.  The State Education Department reserves the right to add, delete or modify, without further notice, except as required by the State Administrative Procedure Act, any item or information presented herein as relating to the 2006 Regulatory Agenda.

OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Proposed amendment to section 100.2(p) of the Commissionerís Regulations to align the regulations with New York's revised No Child Left Behind Accountability Workbook, to incorporate implementation of grades 3-8 assessments and to make other adjustments to the methodology for determining whether schools and districts have made adequate yearly progress (AYP).

Proposed amendment to section 100.5 of the Commissionerís Regulations to align with new Regents policy relating to mathematics graduation requirements.

Proposed amendment to section 100.7 of the Commissioner's Regulations relating to fees for high school equivalency diploma and transcript replacement.

Repeal of section 175.43 of the Commissionerís Regulations relating to the Operating Standards Aid plan.

Proposed amendment of sections 170.2 and 170.3 and proposed addition of section 170.12 to implement Chapter 263 of the Laws of 2005 relating to training for school districts and BOCES board members; an Internal Audit Function for school districts, claims auditors and audit committees; and to clarify procedures relating to the hiring of accountants for the completion of an annual independent audit of school district finances.

Proposed amendment to Part 117 of the Commissionerís Regulations relating to diagnostic screening of pupils.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above proposed amendments by contacting:

James A. Kadamus

Deputy Commissioner

New York State Education Department

Office of Elementary, Middle, Secondary and Continuing Education

Room 875 EBA

Albany, New York 12234

(518) 474-5915

OFFICE OF HIGHER EDUCATION

Amendment to Part 27 of the Regents Rules relating to the economic eligibility criteria for non-public institutions of higher education and to the economic eligibility criteria for the City University of New Yorkís SEEK and College Discovery programs and the State University of New Yorkís Educational Opportunity Program.

Amendment to Part 30 of Commissionerís Regulations to align Part 30 tenure areas with the Part 80 certificate titles.

Amendment to Part 80-3 of Commissionerís Regulations relating to the preparation, certification and assessment requirements for school leaders.

Amendment to Part 80-1.7 of Commissionerís Regulations to extend an option to renew a lapsed provisional certificate for administrative and support personnel.

Amendment to Part 80 of Commissionerís Regulations relating to Pupil Personnel Service certification.

Amendment to Part 80-3 of Commissionerís Regulations to establish certification requirements for school educational interpreters.

Amendment to Part 80-5.12 of Commissionerís Regulations to extend authority for districts to apply for experiment in organization for middle school after February 1, 2004.

Amendment to Part 87 of Commissionerís Regulations relating to oral arguments.

Amendment to Part 80-5.6 of Commissionerís Regulations relating to the duration of the Teaching Assistant- Level 1 certificate.

Amendment to Part 52 relating to the certification examination requirement for completion of registered college programs preparing school district leaders and school district business leaders.

Amendment of Regents Rules and Part 80 of Commissionerís Regulations to establish a Committee on the Teaching Profession to determine substantial compliance with certification requirements in extraordinary circumstances.

Amendment to Part 52.21 of Commissioner's Regulations relating to registration of programs for school educational interpreters.

Amendment to Part 52.21 of Commissioner's Regulations relating to the requirement for the accreditation of teacher education programs by December 31, 2006.

Amendment to Part 4 of Regents Rules relating to Regents Accreditation, Subpart 4-2, Regents Accreditation of Teacher Education Programs concerning the requirement for teacher education programs to be accredited by December 31, 2006.

Amendment to Part 52.21 of Commissioner's Regulations relating to registration of Pupil Personnel Services preparation programs.

Amendment to Part 4 of Regents Rules relating to Regents Accreditation, Subpart 4-1, Voluntary Institutional Accreditation, for Title IV purposes concerning possible changes to the Regents accreditation standards.

Agency Representative

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Johanna Duncan-Poitier

Deputy Commissioner

Office of Higher Education and Office of the Professions

New York State Education Department

State Education Building

West Wing, Second Floor Mezzanine

Albany, New York 12234

(518) 474-3862

 

 

OFFICE OF PROFESSIONAL EDUCATION

Amendment to section 3.57(b) of the Regents Rules, conferring the Doctor of Medicine degree, to eliminate the requirement of three years of licensed practice.

             Amendment to Part 17 of the Regents Rules to conform to the new three member panel law.

            Amendment to Part 18 of the Regents Rules relating to the provision of services to nurses with substance abuse problems.

            Amendment to Part 24 of the Regents Rules relating to the application period for the restoration of professional licenses.

            Amendment to Part 24 of the Regents Rules relating to the waiver of citizenship requirement for licensure in veterinary medicine, dentistry, dental hygiene and pharmacy. 

Amendment to Part 24 of the Regents Rules relating to the approval by the committee on the professions of three-year limited licenses in dentistry, dental hygiene, veterinary medicine, veterinary technology, and pharmacy.

Amendment to Part 29 of the Regents Rules relating to the packaging and dispensing of certain pharmaceuticals.

Amendment to Part 29 of the Regents Rules and Part 70 of the Commissionerís Regulations relating to unprofessional conduct with respect to experience and endorsement requirements.

Amendment to Part 31 of the Regents Rules relating to the prohibition against illegal practice.

Amendment to Part 52 and Part 79 of the Commissionerís Regulations relating to the educational standards of applicants for licensure in acupuncture.

Amendment to Part 59 of the Commissionerís Regulations relating to photo identification cards for licensed professionals.

Amendment to Part 64 of the Commissioner's Regulations relating to the provision of services by nurse practitioners (elimination of alternate criteria for nurse practitioners).

Amendment to Part 69 of the Commissionerís Regulations relating to the licensing examination and the continuing education requirements for architects.

Amendment to Part 70 of the Commissioner's Regulations relating to auditor independence and practice quality controls in public accountancy. 

Amendment to Part 73 of the Commissioner's Regulations relating to education and examination requirements for licensure in chiropractic.

Amendment to Part 75 of the Commissionerís Regulations relating to education and experience standards for speech-language pathology and audiology.

Amendment to Part 76 of the Commissioner's Regulations relating to the supervision of occupational therapy assistants.

Amendment to Part 78 of the Commissioner's Regulations relating to licensure by endorsement in the profession of massage therapy.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

 

 

Johanna Duncan-Poitier

Deputy Commissioner

Office of Higher Education and Office of the Professions

New York State Education Department

State Education Building

West Wing, Second Floor Mezzanine

Albany, NY 12234

(518) 474-3862

OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

            Amendments to sections 200.1-200.16 and Part 201 of the Commissionerís Regulations relating to definitions, board of education responsibilities, committees on special education, evaluations, development and implementation of the Individualized Education Program (IEP), procedural due process, continuum of services, the provision of education services to preschool students with disabilities and discipline provisions as may be required to conform to amendments to the federal regulations implementing the Individuals with Disabilities Education Act of 2004.

Amendment to sections 200.1 and 200.6(d) through (h) of the Commissionerís Regulations relating to the continuum of special education services. 

Amendment to sections 200.2(d), and 200.6(i) of the Commissionerís Regulations relating to a school district placement of a student with a disability in an in-state or out-of-state school.

Amendment to sections 200.2 and 200.16 of the Commissionerís Regulations relating to the role of school districts in providing special education services and programs to preschool children in accordance with Education Law section 4410(2).

Amendment to section 200.3 relating to the membership of the Committee on Special Education and Committee on Preschool Special Education.

Amendment to sections 200.4 and 200.5 of the Commissionerís Regulations to mandate the format for required special education forms and notices and the IEP.

Amendment to section 200.4(c) to establish the criteria to determine if a student is a student with a learning disability. 

Amendment to section 200.4(h) of the Commissionerís Regulations repealing the notice requirement to a parent when a student is not entitled to receive free educational services or remain in a residential educational program after the age of twenty-one or upon receipt of a high school diploma.

Amendment to section 200.7 of the Commissionerís Regulations relating to the approval process for private schools for reimbursement with public funds.

Amendment to section 200.9 of the Commissionerís Regulations relating to rate-setting and tuition rates for approved programs for students with disabilities.

Amendment to Part 200 of the Commissionerís Regulations relating to State monitoring, enforcement and technical assistance to school districts.

Amendment to Part 200 of the Commissionerís Regulations relating to the provision of special education services to students with disabilities enrolled by their parents in nonpublic schools.

            Amendment to Parts 246 and 247 of the Commissionerís Regulations relating to the vocational rehabilitation program operated pursuant to Title I of the Rehabilitation Act, as may be appropriate in order to conform to possible changes made when Congress reauthorizes that act this year.

Agency representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Rebecca Cort

Deputy Commissioner

New York State Education Department

Office of Vocational and Educational Services for Individuals with Disabilities

One Commerce Plaza, Room 1606

Albany, New York 12234

(518) 474-2714

rcort@mail.nysed.gov

OFFICE OF CULTURAL EDUCATION

Amendments to Parts 185 and 188 of the Commissionerís Regulations relating to Local Government Records Management and State Agency Records Management to update and correct various requirements affecting the management of records, including revising technical language, removing outdated requirements, updating the list of State agencies paying annual fixed fees for records management services, authorizing local governments to dispose of paper original or micrographic copies of records having a retention period of ten years or more when those records are replaced by digitized images, and authorizing local governments to use locally-developed records retention and disposition schedules in lieu of or in conjunction with schedules issued by the Commissioner provided that the consent of the Commissioner for the use of those locally-developed schedules is obtained.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

Christine Ward

Assistant Commissioner for the State Archives

New York State Education Department

New York State Archives

Room 9C49

Cultural Education Center

Empire State Plaza

Albany, New York 12230

(518) 474-6926

Amendment to Part 90 of the Commissionerís Regulations relating to library and library system programs and services.

Agency Representative:

            Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

Janet M. Welch

State Librarian and Assistant Commissioner for Libraries

New York State Education Department

Office of Cultural Education

New York State Library, Room 10C34

Empire State Plaza

Albany, NY 12230

(518) 474-5930

jwelch2@mail.nysed.gov

OFFICE OF MANAGEMENT SERVICES

Amendment to the Commissionerís Regulations pursuant to the Electronic Signatures in Global and National Commerce Act (P.L. 106-229) relating to performance standards to ensure accuracy, record integrity and accessibility of records that are required to be retained.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

David Walsh

Chief Information Officer

New York State Education Department

Office of Management Services

State Education Building, Room 121

Albany, New York 12234

(518) 486-1702

Amendment to the Commissioner's Regulations relating to school district payments to charter schools for educational costs, pursuant to section 102 of Part H of Chapter 83 of the Laws of 2002.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:

Burt Porter

New York State Education Department

State Education Building, Room 139

Albany, New York 12234

(518) 486-2422

Amendment to the Commissioner's Regulations to conform to Chapter 91 of the Laws of 2002 and Chapter 123 of the Laws of 2003, relating to New York City School District governance.

Amendment to Part 113 of the Commissioner's Regulations relating to the powers and duties of the New York City Board of Education in determining certain appeals.

Amendment to Parts 275 and 276 and section 100.2(y) of the Commissioner's Regulations relating to procedures for appeals to the Commissioner pursuant to Education Law section 310.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Kathy A. Ahearn

Counsel and Deputy Commissioner for Legal Affairs

New York State Education Department

State Education Building, Room 112

Albany, New York 12234

(518) 474-6400

legal@mail.nysed.gov

OFFICE OF STATE REVIEW

Amendment to section 279.1 relating to cross reference to statutory provisions for state-level review of hearings for students with disabilities. 

Amendment to section 279.2 relating to timeline for serving and filing a Notice of Intention to Seek Review, and Petition for Review; clarification of purpose of Notice of Intention to Seek review; clarification that parent must be personally served by a petitioning district.

Amendment to section 279.3 pertaining to change of filing address and where copies of regulations may be obtained.

Amendment to section 279.4 relating to petition as the pleading that initiates review and determines timeliness of appeal; to clarify that personal service is required.

Amendment to section 279.7 relating to failure to verify a pleading.

Amendment to section to 279.8 relating to length of answer that includes cross appeal, table of authorities, non-compliance with form requirements; and clarifying requirement that pleadings be signed consistent with 22 NYCRR 130-1.1a(a).

Amendment to section to 279.10 pertaining to extensions of time to answer or reply.

Amendment to section to 279.11 pertaining to calculating date of mailing and type of mail.

Amendment to section 279.12 relating to parties receiving copies of state review officerís decisions.

Amendment to section 279.13 relating to service of petition for review.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Paul F. Kelly

Assistant Counsel and State Review Officer

Office of State Review

80 Wolf Road, 2nd Floor

Albany New York 12203

(518) 485-9373