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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:

2007 Regulatory Agenda

 

DATE:

November 15, 2006

 

STRATEGIC GOAL:

Goal 2

 

AUTHORIZATION(S):

 

 

 

Summary

 

Issue for Decision

 

††††††††††† Should the Board of Regents approve the 2007 Regulatory Agenda?

 

Reason for Consideration

 

Required by State statute.††

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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 2007 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during calendar year 2007, 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 2007 Regulatory Agenda for the State Education Department be approved, as submitted.

Timetable for Implementation

 

††††††††††† The 2007 Regulatory Agenda will be published in the State Register on January 3, 2007.

 

STATE EDUCATION DEPARTMENT

2007 REGULATORY AGENDA

            Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for calendar year 2007.  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 2007 Regulatory Agenda.

OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

            Proposed repeal of section 100.8 of the Regulations of the Commissioner of Education relating to the issuance of a local high school equivalency program for experimental programs.

            Proposed amendment of section 100.7 of the Commissioner's Regulations to add a provision relating to the National External Diploma Program to the requirements for the New York State High School Equivalency Diploma.

            Proposed repeal of section 175.43 of the Commissioner's Regulations relating to the Operating Standards Aid Plan.

            Proposed amendment of Part 117 of the Commissioner's Regulations relating to the diagnostic screening of pupils.

            Proposed amendment of section 100.2(x) of the Commissioner's Regulations relating to the education of homeless children.

            Proposed amendment of Part 154 of the Commissioner's Regulations relating to the New York State English as a Second Language Achievement Test (NYSESLAT).

Agency Representative:

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

Jean C. Stevens

Interim Deputy Commissioner

New York State Education Department

Office of Elementary, Middle, Secondary and Continuing Education

89 Washington Avenue

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 52 to provide for waivers of certain regulations in declared emergencies.

Amendment to Part 80 of the Commissioner's Regulations, relating to reciprocity of classroom teaching certificates issued by other states.

Amendment to Part 52 and Part 80 related to the requirements for teacher certification in Special Education.

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

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 of Subpart 4-2 of Regents Rules, relating to a revised fee structure for Regents Accreditation of Teacher Education (RATE).

Amendment of Subpart 4-2 of Regents Rules, relating to revised appeal provisions for Regents Accreditation of Teacher Education (RATE).

Amendment to Part 80 of Commissionerís Regulations to correct errors, provide clarity, and make other minor technical adjustments.

Amendment to Part 30 of Commissionerís Regulations to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.

Amendment to Part 50 to clearly define and differentiate remedial and developmental coursework from credit-bearing college coursework.

Amendment to Part 52 to strengthen admissions policies to ensure prospective college students have accurate information on the college, job placement, and/or transfer opportunities necessary to make educated enrollment decisions.

Amendment to Part 52 related to requiring higher education institutions that accept students who do not have a high school diploma or a GED, demonstrate that before accepting these students, they successfully pass an Ability to Benefit (ATB) examination that is appropriate for college-level programs offered at the institution.

Amendment of Part 80 related to the renewal of initial certificates in the classroom teaching service and the educational leadership service.

            Proposed amendment of Section 8 NYCRR 100.2(dd) and Part 80, relating to changes in the district professional development plan to account for changes in regulations related to the certification of school leaders.

Agency Representative

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

Johanna Duncan-Poitier

Deputy Commissioner

New York State Education Department

Office of Higher Education and Office of the Professions

89 Washington Avenue

West Wing, Second Floor Mezzanine - EB

Albany, New York 12234

(518) 474-3862

OFFICE OF THE PROFESSIONS

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 and electronic recordkeeping in pharmacies.

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

Amendment to Part 52 and Subparts 79-13, 79-14 and 79-15 of the Commissioner's Regulations relating to registered programs and education requirements for licensure in the clinical laboratory practitioner professions.

Amendment to Part 64 of the Commissioner's Regulations relating to the administration of non-patient specific orders.

Amendment to Part 66 of the Commissioner's Regulations relating to continuing education in the practice of optometry in the area of therapeutic pharmaceutical agents.

Amendment to Part 70 of the Commissionerís Regulations relating to licensure and experience requirements in Certified Public Accountancy.

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

Amendment to Part 74 of the Commissioner's Regulations relating to supervision requirements, in addition to deleting grandparent provisions, in social work.

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 79 of the Commissioner's Regulations relating to experience and supervision requirements in the Mental Health Professions.

Agency Representative:

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

Johanna Duncan-Poitier

Deputy Commissioner

New York State Education Department

Office of Higher Education and Office of the Professions

89 Washington Avenue

West Wing, Second Floor Mezzanine - Education Building

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) and 200.16(c) 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 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(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 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

Acting Deputy Commissioner for Cultural Education

New York State Education Department

New York State Archives

Room 9C49

Cultural Education Center

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

Room 10C34

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

89 Washington Avenue

 Room 121 EB

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

Director of Education Finance

New York State Education Department

89 Washington Avenue

Room 139 EB

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

89 Washington Avenue

Room 112 EB

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; and adding notice of certification requirement.

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; and sufficiency of content.

Amendment to section 279.6 relating to new matters raised in answer.

Amendment to section 279.7 relating to failure to properly 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 279.9 relating to content of record; electronic filing of record; certification of record and clarification that section 279.9(b) refers to complete record.

Amendment to section to 279.10 pertaining to extensions of time to answer or reply; length of extensions permitted; additional evidence; and to update cross reference to 200.5.

Amendment to section 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.

Addition of section 279.14 allowing OSR to return hearing records to LEA when a petition for review is withdrawn or not perfected.

Addition of section 279.15 relating to scope of jurisdiction.

Addition of section 279.16 relating to right to judicial review.

Addition of section 279.17 relating to dismissal of any petition or other pleading, or memorandum for failure to conform with the requirements of 279.

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