†††††

 

 

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:

Review of Existing Rules (2002)

 

DATE:

November 15, 2006

 

STRATEGIC GOAL:

Goal 2

 

AUTHORIZATION(S):

 

 

 

Summary

 

Issue for Decision

 

††††††††††† N/A†††††

 

Reason for Consideration

 

For information.††††††††

†††††††††††

Proposed Handling

 

††††††††††† N/A†††††

 

Procedural History

 

††††††††††† N/A†††††††††††††††††

 

Background Information

 

State Administrative Procedure Act section 207 requires that each State agency review, after five years and thereafter at five-year intervals, each of its rules that is adopted on or after January 1, 1997.Accordingly, the Review of Existing Rules includes a list of each rule adopted during calendar year 2002, including a description of the rule, the need for the rule and the legal basis for the rule, and invites public comment on the continuation or modification of such rules during a 45-day comment period.†† After the list is published in the State Register, the Department must consider any public comment received in response, and then determine whether each rule or regulation so listed should be modified or continued without modification, and publish the Department's response in the State Register.

 

Recommendation

 

N/A

 

Timetable for Implementation

 

††††††††††† The Review of Existing Rules will be published in the State Register on January 3, 2007.

 

NOTICE OF REVIEW OF EXISTING RULES PURSUANT TO STATE ADMINISTRATIVE PROCEDURE ACT SECTION 207 (Calendar Year 2002)

Section 207 of the State Administrative Procedure Act (SAPA) requires that each State agency review, after five years and thereafter at five-year intervals, each of its rules that is adopted on or after January 1, 1997 to determine whether such rules should be modified or continued without modification.

Pursuant to SAPA section 207, the State Education Department submits the following list of its rules that were adopted during calendar year 2002 and invites public comment on the continuation or modification of such rules.  All section and part references are to Title 8 of the New York Code of Rules and Regulations.   Comments should be sent to the respective agency representative listed below for each particular rule, and must be received within 45 days of the date of publication of this Notice.

OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Section 3.32 of the Regents Rules and section 100.2(p) of the Commissioner's Regulations, regarding Public School registration

            Description of Rule:  to establish a formal process for the registration of new public schools to ensure the fulfillment of Regents standards relating to the accountability of public schools.  The Board of Regents will grant approve if it is satisfactorily demonstrated that a school will be operated in an educationally sound manner; is in compliance with applicable statutes, rules and regulations relating to public schools; and will operate in accordance with applicable building codes and pursuant to a certificate of occupancy. 

 

            Need for Rule:   Clarification of policy for the registration of public schools.

Legal Basis for Rule:  Education Law sections 101(not subdivided), 207(not subdivided), 210(not subdivided), 214(not subdivided), 215(not subdivided), 305(1) and (2) and (19) and 309 (not subdivided).

Part 120 of the Commissioner's Regulations, relating to the No Child Left Behind Act of 2001 (Pub. L. 107-110)

            Description of Rule:  Ensure compliance of the State and local educational agencies with the federal No Child Left Behind Act of 2001 (Pub.L. 107-110) and the conforming State legislation enacted by Chapter 425 of the Laws of 2002 as a condition of receipt of federal funding under Title I of the Elementary and Secondary Education Act of 1965, as amended.  Sections 120.1 and 120.2 of the Regulations of the Commissioner provide a description of the purposes of Part 120 and applicable general definitions.  Section 120.3 provides for the implementation of the public school choice provisions that require a federal Title I local educational agency that has a school in school improvement status, corrective action status or restructuring status to provide all students enrolled in such school with the option to transfer to another public school served by the local educational agency at the same grade level that is not in school improvement, corrective action or restructuring status.  Section 120.4 establishes criteria and procedures for the approval of providers of supplemental education services.  Section 120.5 establishes requirements to ensure that local educational agencies implement provisions to allow any student who attends a persistently dangerous public elementary or secondary school or who is a victim of a violent criminal offense, to attend a safe public school within the local educational agency. 

            Need for Rule:  Compliance with the federal No Child Left Behind Act of 2001 and Chapter 425 of the Laws of 2002.

Legal Basis for Rule:  Education Law sections 101(not subdivided), 207(not subdivided), 215(not subdivided), 305(1), (2) and (33), 2802(7), 3214(3)(d) and (f) and Chapter 425 of the Laws of 2002.

Section 136.4 of the Commissioner's Regulations, relating to Automated External Defibrillators

            Description of Rule:  Require school districts, BOCES, county vocational education and extension boards and charter schools to provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment in quantities and types deemed to be adequate to ensure ready and appropriate access for use during emergencies, and to ensure the presence of at least one staff person who is trained in the operation and use of an AED whenever the facility is used for school-sponsored or school-approved curricular or extracurricular events or wherever activities for school-sponsored athletic contests or competitive athletic events are held

            Need for Rule:  Compliance with Chapters 60 and 61 of the Laws of 2002.

Legal Basis for Rule:  Education Law sections 207(not subdivided) and 917(1) and (2) and Chapters 60 and 61 of the Laws of 2002.

Sections 151-1.2 of the Commissioner's Regulations, relating to Universal Prekindergarten Programs

            Description of Rule:  Defines, for summer only universal prekindergarten programs, an "eligible child" as a child who resides within the school district and is five years of age on or after December 1st of the year in which he or she is enrolled, or who will otherwise be first eligible to enter public school kindergarten commencing with the current school year.  

            Need for Rule:  Compliance with Chapter 383 of the Laws of 2001.

Legal Basis for Rule:  Education Law sections 101(not subdivided), 207(not subdivided) and 3602-e (10)(a)(4) and (12)  and section 1-a of Part F of Chapter 383 of the Laws of 2001.

Section 155.25 of the Commissioner's Regulations, relating to Electrically Operated Partitions

            Description of Rule:  Establish minimum standards for the construction, maintenance and operation of electrically operated partitions or room dividers located in classrooms or other facilities used by students in public and nonpublic schools, including charter schools, and BOCES within the State.  It also requires appropriate and conspicuous notice regarding the safe and proper operation and supervision of the electrical device operating such partition, training of staff in the safe operation of the partition, and maintenance of all equipment. 

            Need for Rule:  Compliance with Chapter 217 of the Laws of 2002 and Chapter 231 of the Laws of 2002.

            Legal Basis for Rule:  Education Law sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 409-f(1) and (2) and 3602(6-c) and Chapter 217 of the Laws of 2001

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the continuation or modification of any of the above rules by contacting:

Jean Stevens

Interim Deputy Commissioner

New York State Education Department

Office of Elementary, Middle, Secondary and Continuing Education

Education Building Annex, Room 875

Albany, New York 12234

(518) 474-5915

OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Sections 246.3 and 246.6, relating to the Vocational Rehabilitation Program

      Description of Rule: The rule simplifies and eliminates obsolete language and inserts up to date language in State regulations pertaining to the Departmentís operation of the vocational rehabilitation program, specifically, the provision of services through community rehabilitation programs.

            Need for Rule: The rule is necessary to conform the Commissioner's Regulations to changes in federal law made in the 1998 reauthorization of the Rehabilitation Act (Pub.L. 105-22) and thereby ensure that the State vocational rehabilitation program is conducted according to federal standards.

            Legal Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided) and 1004(1).

Section 200.2 of the Commissioner's Regulations, relating to Instructional Material in Alternative Formats

Description of Rule:  The rule requires every school district and BOCES to develop a plan to ensure that all instructional materials to be used in the schools of the district (or in the programs of the BOCES) are available in a usable alternative format for every student with a disability in accordance with his or her individual needs and course selections at the same time that such materials are available to non-disabled students.

Need for Rule:  The rule is necessary to implement Chapter 377 of the Laws of 2001, which requires every school district and BOCES to develop a plan to ensure that all instructional materials to be used in the schools of the district (or in the programs of the BOCES) are available in a usable alternative format for every student with a disability in accordance with his or her educational needs and course selections at the same time that such materials are available to non-disabled students.  The rule was revised in 2005 to add the Individuals with Disabilities Education Act (IDEA) requirement that instructional materials meet the National Instructional Materials Accessibility Standard defined in section 1474(e)930(B) of the reauthorized IDEA (Public Law 108-446).

Legal Basis for Rule:  Education Law sections 207, 1604(29-a), 1709(4-a), 1950(4-a), 2503(7-a), 2554(7-a), 3602(10)(b), 4403(3) and Chapter 377 of the Laws of 2001.

Sections 200.2, 200.4 and 200.16 of the Commissioner's Regulations, relating to Individualized Education Programs (IEPs)

Description of Rule: The rule provides copies of individualized education programs (IEPís) to teachers, related service providers and other providers.

Need for Rule: The rule is necessary to implement Education Law section 4402(7), as added by Chapter 408 of the Laws of 2002, which requires that school districts establish a policy that: ensures that teachers and other service providers are provided with studentsí individualized education programs (IEPs) prior to the implementation of such IEPs; ensures the confidentiality of such IEPs; and requires that teachers, assistants, support staff persons and other service providers be informed of their responsibilities in relation to the implementation of studentsí IEPs prior to the implementation of such IEPs.  The rule was subsequently revised in 2003 and 2005 to clarify responsibilities and language and to ensure that amendments to the Individualized Education Plan (IEP) were also required to be provided to certain school personnel to implement the flexibility to provide the amendments to the IEP under the reauthorized IDEA.

Legal Basis for Rule:  Education Law sections 101(not subdivided), 207(not subdivided), 4402(7), 4403(3), 4410(13) and Chapter 408 of the Laws of 2002.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of any of the above rules by contacting:

Rebecca H. 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

OFFICE OF HIGHER EDUCATION

Sections 3.47(c)(4) and 3.50(b)(16) of the Regents Rules, relating to authorization of a degree abbreviation

            Description of Rule: The rule authorizes the use by New York postsecondary degree-granting institutions authorized to confer the Bachelor of Music degree of the abbreviation "B.M." for that degree as an alternative to the existing abbreviation "Mus.B."

            Need for Rule: The proposed rule is needed to authorize the B.M. as an additional abbreviation for the Bachelor of Music degree in order to be consistent with the abbreviation commonly used by other jurisdictions for this degree.

            Legal Basis for Rule: Sections 207(not subdivided), 210(not subdivided), 218(1), and 224(4) of the Education Law.

Sections 3.14, Part 4 and 13.11 of the Regents Rules and section 52.23 of the Commissioner's Regulations, relating to accreditation of teacher education programs and voluntary institutional accreditation for Title IV purposes

            Description of Rule:  The rule establishes standards and procedures that must be met by institutions of higher education seeking accreditation of their teacher education programs by the Board of Regents;  aligns related provisions in the Rules of the Board of Regents and the Regulations of the Commissioner of Education with the new standards and procedures; and renumbers the rule and clarifies language related to voluntary institutional accreditation for Title IV purposes by the Commissioner of Education and the Board of Regents.

            Need for Rule:  The rule is needed to improve the quality of teacher education programs to ensure that teachers are well qualified to teach to the State Learning Standards for Students, established by the Board of Regents in Part 100 of the Regulations of the Commissioner of Education. The rule carries out the policy of the Board of Regents as stated in its policy paper, "New York's Commitment: Teaching to Higher Standards," and prescribed in the Regulations of the Commissioner of Education, that each teacher education program must be accredited by the Board of Regents or an acceptable professional education accrediting association.  The rule responds to requests from colleges that offer teacher education programs that the Regents offer an alternative means to become accredited.   

            Section 52.21(b)(2)(iv)(c) of the Commissioner's regulations requires the accreditation of programs that prepare classroom teachers for initial or professional certificates either by an acceptable professional education accrediting association or by the Regents, pursuant to a Regents accreditation process.  The rule establishes this process.

            The rule also is needed to align existing provisions in the Rules of the Board of Regents and the Regulations of the Commissioner of Education with the new procedures for Regents accreditation of teacher education programs.  Specifically, it is needed to include responsibilities related to teacher education program accreditation explicitly among the duties of the State Professional Standards and Practices Board for Teaching; to retitle and renumber Part 4 of the Rules of the Board of Regents; to clarify language in the standards and procedures for institutional accreditation by the Commissioner of Education and the Regents for purposes of Title IV of the Higher Education Act of 1965; and to prescribe requirements relating to representations by colleges and universities as to accreditation by the Board of Regents and the Commissioner of Education.

            In addition, the rule is needed to provide a substitute for existing procedures on denial of program reregistration, as prescribed in subdivision (a) of section 52.23 of the Regulations of the Commissioner of Education, when reregistration of a teacher education program is denied based upon a review conducted for the Regents accreditation of the program.

            Legal Basis for Rule: Sections 207(not subdivided), 210(not subdivided), 212-c (not subdivided), 214(not subdivided), 215(not subdivided), and 305(1) and (2) of the Education Law.

 Sections 87.3, 87.4, 87.5 and 87.9 of the Commissioner's Regulations, relating to fingerprinting and criminal history check of prospective school employees and applicants for teaching certification

            Description of Rule:  The rule sets forth requirements and procedures for the exchange of criminal history records between the State Education Department and City School District of the City of New York for statutorily prescribed individuals, and clarifies both appeal procedures for prospective school employees denied clearance for employment and the scope of the State Education Departmentís criminal history record check.

 Need for Rule: The proposed rule is needed to implement Chapter 380 of the Laws of 2001, which authorizes the exchange of criminal history records of certain individuals, upon their authorization, between the State Education Department and the City School District of the City of New York.   

Legal Basis for Rule: Sections 207(not subdivided), 305(3)(a), 3004-b(1), 3035(3) and (3-a) of the Education Law and Chapter 380 of the Laws of 2001.

 Section 52.21(b)(2)(iv)(b)(1) of the Commissioner's Regulations, relating to requirements for teacher education programs

            Description of Rule:  The rule requires teacher education programs to show that a minimum of 80 percent of its program graduates who have taken one or more of the examinations required for a teaching certificate in any given year, have received passing rates.  A teacher education program in which fewer than 80 percent of its program graduates pass one or more state examinations required for a teacher certificate will undergo a registration review of its education programs. 

Need for Rule:  The rule aligns the definition for pass rates on teacher certification examinations, used for purposes of triggering a State Education Department registration review of teacher education programs, with the Federal definition, used for purposes of Title II of the Higher Education Act.  This annual measurement provides a routine, systematic evaluation of teacher education programs, and a useful, proactive tool when used in conjunction with other data.

Previous regulations of the Commissioner of Education subjected teacher education programs to a registration review when fewer than 80 percent of students who complete the programs at an institution have passed teacher certification examinations.  The rule changed the time period for determining the student pass rate for purposes of determining whether a teacher education program should be subject to registration review.  It provides that the Department will consider the performance on each certification examination of those students completing an examination not more than five years before the end of the academic year in which the program is completed or not later than the September 30th following the end of such academic year.  This definition is consistent with the definition required by the U.S. Department of Education for determining pass rates for teacher education programs for purposes of Title II of the Higher Education Act.

            The rule simplifies the reporting requirements for higher education institutions in New York State.  Staff at these institutions will not have to verify additional test takers for the computation a second pass rate used for the purpose of determining whether their teacher education programs would be subject to a registration review.  The rule also reduces confusion that may result from computing two pass rates for the same teacher education programs.

Legal Basis for Rule: Sections 207(not subdivided), 210(not subdivided), 215(not subdivided), 305(1), and 3004(1) of the Education Law.

Section 80-2.6(c) of the Commissioner's Regulations, relating to requirements for certificate of teachers of the speech and hearing handicapped

Description of Rule: The rule enables licensed and registered speech-language pathologists in New York State to become certified as teachers of the speech and hearing handicapped through an alternative path. The rule enables such licensed individuals to become provisionally certified immediately based upon their preparation for licensure and permanently certified after having completed specified education, experience, and examination requirements.

Need for Rule: The rule is needed to address personnel shortages faced by New York schools.  Teachers of the speech and hearing handicapped provide communication and language acquisition services to students who have Individualized Education Plans (IEPs).  These teachers do not provide direct instruction in academic subjects but, rather, provide foundational skills that will impact on the students' current and future educational success.   As a part of their clinical training, professionally licensed speech-language pathologists have experience working with children and have already attained a master's degree in speech-language pathology prior to licensure.  They have also passed the national licensing examination in speech-language pathology.  The rule will allow these licensed professionals, who have met a high standard of clinical training, to begin working in schools, and require them to meet specific pedagogy-related requirements before receiving the permanent certificate.

            Legal Basis for Rule: Sections 207(not subdivided), 305(1), (2), and (7), 3004(1) and 3006(1) of the Education Law.

Section 27-1.1 of the Regents Rules, relating to student eligibility for the Higher Education Opportunity Program

            Description of Rule: The rule concerns income criteria for determining student eligibility to participate in the Higher Education Opportunity Program at nonpublic institutions of higher education.  The rule also pertains to the economic eligibility criteria for the City University of New York's SEEK and College Discovery Programs, and the State University of New York's Educational Opportunity Program.

            Need for Rule: The rule is needed in order to update the current criteria for determining student economic eligibility for the Higher Education Opportunity Program by: (1) taking into account inflationary conditions and changes in annual income; (2) accounting for New York State and local taxes and regional maintenance costs; (3) assuring consistency across the State-supported postsecondary opportunity programs; (4) maintaining the continuing linkage of these eligibility criteria with federally approved methods of needs analysis; and (5) recognizing the costs associated with a household that is solely supported by one member who is employed by two or more employers.

     Legal Basis for Rule: Sections 207(not subdivided) and 6451(1) of the Education Law.

80-1.7 and 80-5.15 of the Commissioner's Regulations, relating to requirements for the renewal of a provisional teaching certificate and the issuance of a limited certificate in the classroom teaching service

            Description of Rule: The rule establishes the requirements for the renewal of an expired provisional teaching certificate for an additional five-year term and for the issuance of a limited certificate in the classroom teaching service which would permit candidates to teach for the period September 1, 2003 through August 31, 2004, while they are completing academic requirements for the provisional certificate.

Need for Rule:  The rule was needed to address personnel shortages faced by New York public schools, by implementing initiatives, endorsed by the Board of Regents Committee on Higher and Professional Education in May 2002, which were designed to increase the number of qualified candidates for teaching positions in the State's public schools.   Section 80-1.7, which established the conditions for renewal of the Provisional teaching certificate, was subsequently repealed, effective April 13, 2006, and replaced with a new section 80-1.7.  Section 80-5.15 established a Limited certificate available to candidates who taught under a temporary license during the 2002-2003 school year, enabling them to continue teaching during the 2003-2004 school year while completing coursework requirements to qualify for a Provisional certificate.  Limited certificates were valid only for the period September 1, 2003 through August 31, 2004 and are not renewable.       

            Legal Basis for Rule: Sections 207(not subdivided), 305(1), (2), and (7), 3004(1) and 3006(1) of the Education Law.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of any of the above rules 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 THE PROFESSIONS

Section 29.13(a) of the Regents Rules, relating to unprofessional conduct in the practice of massage therapy

Description of Rule: The rule defines unprofessional conduct in the practice of massage therapy.

Need for Rule:  The rule removes an exception in the definition of unprofessional conduct in the practice of massage therapy relating to patient records, which pertains to licensed practitioners who are providing massage therapy services to clients in a health spa or similar setting, when such services are not provided pursuant to a prescription by a health care practitioner.  It makes applicable requirements that must be met by licensed massage therapists in all other settings, defining unprofessional conduct as: (1) failing to make available to a patient or client, upon request, copies of documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client; and (2) failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient.  The rule also requires all patient records to be retained for at least six years, unless otherwise provided by law, and that obstetrical records and records of minor patients be retained for six years, and until one year after the minor patient reaches the age of 21 years.

Legal basis for rule: Education Law sections 207(not subdivided), 6504(not subdivided), 6506(1) and 6509(9).

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Dr. Kathleen Doyle

State Board for Massage Therapy

State Education Building, 2nd Floor

89 Washington Avenue

Albany, NY 12234

(518) 474-3817 x 150

Section 29.7(a)(21)(ii)(a) of the Regents Rules, relating to unprofessional conduct in the practice of pharmacy and assistance to licensed pharmacists by unlicensed individuals

Description of Rule: The rule revises the list of activities, performed by an unlicensed individual while assisting a licensed pharmacist in the dispensing of a prescription, that would invoke the requirement that a licensed pharmacist supervise no more than two unlicensed persons.

Need for Rule:  A licensed pharmacist may receive the assistance of unlicensed individuals to perform certain specified activities relating to the dispensing of drugs.  Generally, a licensed pharmacist may not supervise more than two unlicensed individuals in the performance of these activities.  An exception exists for unlicensed individuals who simply receive written or electronically transmitted prescriptions.  The rule adds another exception for unlicensed individuals who perform the ministerial task of handing or delivering completed prescriptions to the patient or person authorized to act on behalf of the patient.

            The rule is needed to enable pharmacists to supervise more than two unlicensed individuals doing the routine ministerial task of handing or delivering a prescription to a patient.  Liberalizing the supervision requirement will not adversely affect public health or safety, while enabling licensed pharmacists to better utilize staff resources of the pharmacy.

Legal basis for rule: Education Law sections 207(not subdivided), 6504(not subdivided), 6506(1) and 6509(7) and (9), and 6801(not subdivided).

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Lawrence Mokhiber

State Board for Pharmacy

State Education Building, 2nd Floor

89 Washington Avenue

Albany, NY 12234

(518) 474-3817 x 130

Section 29.10 of the Regents Rules, relating to the definition of unprofessional conduct and work paper documentation and retention in the practice of public accountancy

Description of Rule: The rule establishes, in the definition of unprofessional conduct in the practice of public accountancy, standards that licensees must meet in relation to documentation in work papers and the retention of such papers.

Need for Rule: The rule is needed to establish uniform standards for the documentation in work papers and retention of such work papers in the profession of public accountancy.  The rule is needed to ensure that work papers that support work products produced in the practice of public accountancy are maintained for a reasonable period of time, and that such work papers contain adequate documentation.  The rule will serve to protect the public interest by ensuring that adequate documentation is available when a potential problem in a public accounting work product is identified.   It will provide information that may be used by the State Education Department's Office of Professional Discipline when it conducts investigations of possible instances of professional misconduct.

Legal basis for rule: Education Law sections 207(not subdivided), 6504(not subdivided), 6506(1) and 6509(9), and 7401(not subdivided).

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Daniel Dustin

State Board for Accountancy

State Education Building, 2nd Floor

89 Washington Avenue

Albany, NY 12234

(518) 474-3817 x 160

Section 64.6 of the Commissioner's Regulations, relating to the practice of nursing and midwifery

Description of Rule: The rule identifies, in regulation, the licensed profession of midwifery as one of the licensed health care professions that is authorized to prescribe medical regimens to be executed by registered professional nurses that may direct the care provided by licensed practical nurses.

            Need for Rule: Subdivisions (1) of section 6902 of the Education Law authorizes licensed physicians and dentists or other licensed health care providers legally authorized under Title VIII of the Education Law and in accordance with Commissioner's regulations to prescribe medical regimens to be executed by registered professional nurses.  Subdivision (2) of section 6902(2) of the Education Law authorizes registered professional nurses or licensed physicians, dentists or other licensed health care providers legally authorized under Title VIII of the Education Law and in accordance with Commissioner's regulations to direct care provided by licensed practical nurses. 

     Legal basis for rule: Education Law sections 207(not subdivided), 6507(1) and (2), 6902(1) and (2), and 6951(1), (2) and (3).

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Barbara Zittel

State Board for Nursing

State Education Building, 2nd Floor

89 Washington Avenue

Albany, NY 12234

(518) 474-3817 x 120

Part 77 of the Commissioner's Regulations, relating to the licensing of physical therapists and certification of physical therapy assistants

Description of Rule: The rule implements Chapter 404 of the Laws of 2002 by establishing requirements for the renewal of a limited permit for a physical therapist assistant and prescribes the examination that must be passed for certification as a physical therapist assistant, and makes nonsubstantial changes in the requirements for licensure as a physical therapist.

Need for Rule: Section 6741-a of the Education Law, as added by Chapter 404 of the Laws of 2002, establishes an examination requirement for certification as a physical therapist assistant.  This statutory requirement was added to ensure the competency of individuals who are certified in this field. The memorandum in support of Chapter 404 of the Laws of 2002, submitted by the sponsor of this legislation, states: "Passage of an appropriate examination provides a demonstration of a candidate's competency to work.  Most states including those bordering New York require passage of an examination in order to work as a physical therapist assistant."  The rule is needed to identify that specific examination, the National Physical Therapy Examination for Physical Therapist Assistants, that must be passed.

            Section 6741-a of the Education Law, as added by Chapter 404 of the Laws of 2002, also adds provisions for limited permits for physical therapist assistants to practice under the supervision of a licensed physical therapist pending successful completion of the required examination.   Subdivision (c) of section 6741-a provides that such permits may be renewed for no more than 6 months for justifiable cause. The rule is needed to establish the conditions upon which a limited permit may be renewed. These conditions are identical to the conditions that are applicable for the renewal of limited permits for physical therapists.

            Finally, the rule is needed to make a number of nonsubstantial changes in the provisions relating to requirements for the licensure of physical therapists.  Among other changes, citations to Education Law have been changed to be consistent with changes in the numbering of Education Law provisions, as amended by Chapter 404 of the Laws of 2002; the title of the licensing examination has been corrected; and section headings have been modified to identify provisions concerning physical therapists.   

Legal basis for rule: Education Law sections 207(not subdivided), 6506(1), 6507(2)(a), 6734(d), 6735(c), 6740(c-1), and 6741-a(c), and Section 4 of Chapter 404 of the Laws of 2002.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Claudia Alexander

State Board for Ophthalmic Dispensing

State Education Building, 2nd Floor West

89 Washington Avenue

Albany, NY 12234

(518) 474-3817 x 18

Section 61.15(a) of the Commissioner's Regulations, relating to mandatory continuing education for dentists

            Description of Rule: The rule implements Chapter 237 of the Laws of 2001 which requires licensed dentists to complete, on a one-time basis, no fewer than two hours of acceptable coursework regarding the recognition, diagnosis, and treatment of the oral health effects of the use of tobacco and tobacco products, as part of the dentistís continuing education requirement.

Need for Rule: The rule is needed to make regulatory requirements consistent with this statutory change.

Legal Basis for Rule: Education Law sections 207(not subdivided), 6502(1), 6504(not subdivided), 6507(2)(a) , and 6604-a(2) and (4).

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Milton Lawney

State Board for Dentistry

State Education Building, 2nd Floor

89 Washington Avenue

Albany, NY 12234

(518) 474-3817 x 550

OFFICE OF CULTURAL EDUCATION

Sections 185.5, 185.13 and 185.14 of the Commissioner's Regulations, relating to Local Government Records Management

Description of Rule:  The rule makes necessary changes and additions in order to update Records Retention and Disposition Schedule CO-2 and Records Retention and Disposition Schedule MI-1. 

            Need for Rule: The rule is needed to issue amendments to Records Retention and Disposition Schedule CO-2 and Records Retention and Disposition Schedule MI-1, thus providing counties and miscellaneous local governments with means to dispose of valueless records not listed on the existing schedules, to maintain voluminous records no longer than the records are needed, and to make the schedules easier to understand.

Legal basis for rule: Education Law section 207(not subdivided) and Arts and Cultural Affairs Law section 57.25(2).

 Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of the above rule by contacting:

Christine Ward

Assistant Commissioner for the State Archives

New York State Education Department

New York State Archives

Room 9C49

Cultural Education Center

Albany, New York 12230

(518) 474-6926

OFFICE OF MANAGEMENT SERVICES

Agency Representative:

Sections 3.16 and 3.17 of the Commissioner's Regulations, relating to Charter School complaints

            Description of Rule:  The rule establishes procedures for the conduct of charter school revocation proceedings initiated by the Board of Regents, and delegates to the Commissioner the authority of the Board of Regents to investigate and respond to complaints against charter schools pursuant to Education Law section 2855(4), authority to issue remedial orders to charter schools pursuant to Education Law section 2855(4), and the authority to place a charter school on probationary status and to develop and impose a remedial action plan pursuant to Education Law section 2855(3).

            Need for Rule: The rule is necessary to prescribe procedures for the conduct of charter school revocation proceedings by the Board of Regents pursuant to Education Law section 2855. 

            Legal basis for the Rule:  Education Law sections 101(not subdivided), 206(not subdivided), 207(not subdivided), 305(1), (2) and (20) and 2855(1), (2), (3), and (4).

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of any of the above rules 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