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:

June 2005 Regulatory Agenda

 

DATE:

June 2, 2005

 

STRATEGIC GOAL:

Goal 2

 

AUTHORIZATION(S):

 

 

 

Summary

 

Issue for Decision

 

            Should the Board of Regents approve the June 2005 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 June 2005 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during the remainder of 2005, 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 June 2005 Regulatory Agenda for the State Education Department be approved, as submitted.

 

Timetable for Implementation

 

            The June 2005 Regulatory Agenda will be published in the State Register on June 29, 2005.

 


STATE EDUCATION DEPARTMENT

JUNE 2005 REGULATORY AGENDA

            Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for the remainder of calendar year 2005.  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 2005 Regulatory Agenda.

OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

            Amendment to section 100.2(p) of the Commissioner's Regulations relating to the definition of annual high school and high school alternative cohorts.

Amendment to section 100.2(p) of the Commissioner's Regulations relating to students with disabilities and school and school district accountability under the federal No Child Left Behind Act.

Amendment to section 100.2 (gg) of the Commissioner's Regulations to create more specific categories of violent incidents for the Uniform Violent Incident Reporting System and to clarify definitions within those categories.

Amendment to section 104 of the Commissioner's Regulations relating to pupil attendance and the reporting of truancy rates as required under the federal No Child Left Behind Act.

Amendment to section 100.5 of the Commissioner's Regulations relating to high school diploma and graduation requirements.

Amendment to section 114.3 of the Commissioner's Regulations relating to the bidding exemption for direct purchasing for a school food service program.

Amendment to section 136 of the Commissioner's Regulations relating to school health services.

Amendment to section 175.5 of the Commissioner's Regulations relating to the use of superintendentsí conference days.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of 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

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.

Agency Representative:

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

Kathy A. Ahearn

Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs

New York State Education Department

State Education Building, Room 148

Albany, New York 12234

(518) 474-6400

legal@mail.nysed.gov

OFFICE OF HIGHER EDUCATION

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

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

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

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

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

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

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

Amendment to Part 126 of the Commissionerís Regulations to formally set forth the five tenths of one percent gross tuition assessment for ESL schools, assigning three tenths of that one percent of that one percent to the Tuition Reimbursement Account (TRA) and the remaining two tenths to the Bureau of Proprietary School Supervision; set forth different assessment calculations for ESL schools which operated prior to certification as opposed to those that did not; and clarify the assessment calculations for new private schools, business schools, and computer training facilities that did not operate prior to licensure/registration.

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

Amendment of the Regents Rules and Part 80 of the 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 the Commissioner's Regulations for registration of programs for school educational interpreters.

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

Amendment to Part 4 of the Regents Rules related 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 the Commissioner's Regulations related to requirements and standards for registration of Pupil Personnel Services preparation programs.

Amendment to Part 4 of the Regents Rules related 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

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 28 of the Regents Rules relating to the determination of good moral character to streamline current procedures and processes.

Amendment to Part 28 of the Regents Rules relating to consideration of the prior criminal and disciplinary history of licensure applicants.

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 to Part 68 of Commissionerís Regulations relating to the licensing and continuing education requirements for engineers and land surveyors.

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 Rules of the Board of Regents relating to the prohibition against illegal practice.

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 any of 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

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

            Amendment to section 200.3 of the Commissionerís Regulations relating to the membership of the Committee on Special Education.

            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 federal regulations implementing the Individuals with Disabilities Education Act (IDEA).

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 section 4410.2 of the Education Law.

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 individualized education program (IEP). 

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 200.5 of the Commissionerís Regulations to add a statute of limitations for the right to request an appeal of the decision of the State review officer.

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 section 200.21 of the Commissionerís Regulations relating to impartial hearing officer compensation rates.

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

            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 any of 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

Amendment to sections 3.27 and 3.30 of the Regents Rules, relating to the chartering and registration of museums and historical societies, to clarify the standards that museums and historical societies must meet to obtain an absolute charter; provide that all-volunteer-run historical societies without a collection may be incorporated by the Regents rather than chartered; provide a process every five years to certify that institutions holding an absolute charter continue to meet Regents standards; and provide a peer review process in which institutions are visited, advised and assisted by qualified professionals from neighboring institutions.

Agency Representative:

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

Clifford A. Siegfried, Assistant Commissioner and Director

New York State Museum

Room 3140 Cultural Education Center

Albany, NY 12230

Phone (518) 474-5812

Amendment to sections 185.5, 185.13 and 185.14 of the Commissionerís Regulations relating to Local Government Records Management to make necessary changes and additions to Records Retention and Disposition Schedules CO-2 and MI-1.

Amendment 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, authorizing the disposition of paper original or micrographic copies of records having a retention period of 10 years or more when those records are replaced by digitized images, and authorizing local governments to use locally-developed retention and disposition schedules in lieu of or in conjunction with schedules issued by the Commissioner provided that the consent of the Commissioner is obtained.

            Amendment to section 188.21 of the Commissioner's Regulations relating to fees for records management services to State agencies, to make necessary changes and updates to the list of annual fixed fees paid by State agencies and to the charges for storage of records in the records center facility operated by the State Archives.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments 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, New York 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