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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
The Honorable the Members of the Board of Regents
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FROM: |
Kathy A.
Ahearn |
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SUBJECT: |
2006 Regulatory Agenda
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DATE: |
November 21,
2005 |
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STRATEGIC
GOAL: |
Goal
2 |
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AUTHORIZATION(S): |
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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 §202-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 §202-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 Commissioner’s 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 Commissioner’s 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 Commissioner’s 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 Commissioner’s 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 York’s SEEK and College Discovery programs and the State University of New York’s Educational Opportunity Program.
Amendment to Part 30 of Commissioner’s
Regulations to align Part 30 tenure areas
with the Part 80 certificate titles.
Amendment to Part 80-3 of Commissioner’s
Regulations relating to the preparation, certification and assessment
requirements for school leaders.
Amendment to Part 80-1.7 of Commissioner’s
Regulations to extend an option to renew a lapsed provisional certificate for
administrative and support personnel.
Amendment to Part 80 of Commissioner’s
Regulations relating to Pupil Personnel Service
certification.
Amendment to Part 80-3 of Commissioner’s
Regulations to establish certification requirements for school educational
interpreters.
Amendment to Part 80-5.12 of Commissioner’s
Regulations to extend authority for districts to apply for experiment in
organization for middle school after February 1,
2004.
Amendment to Part 87 of Commissioner’s
Regulations relating to oral arguments.
Amendment to Part 80-5.6 of Commissioner’s
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
Commissioner’s 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 Commissioner’s 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
Commissioner’s Regulations relating to the educational standards of applicants
for licensure in acupuncture.
Amendment to Part 59 of the Commissioner’s
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 Commissioner’s
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 Commissioner’s
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 Commissioner’s 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 Commissioner’s Regulations relating to the continuum of
special education services.
Amendment to sections 200.2(d), and 200.6(i)
of the Commissioner’s 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
Commissioner’s 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
Commissioner’s 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
Commissioner’s 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
Commissioner’s Regulations relating to the approval process for private schools
for reimbursement with public funds.
Amendment to section 200.9 of the
Commissioner’s Regulations relating to rate-setting and tuition rates for
approved programs for students with
disabilities.
Amendment to Part 200 of the Commissioner’s
Regulations relating to State monitoring, enforcement and technical assistance
to school districts.
Amendment to Part 200 of the Commissioner’s
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 Commissioner’s 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
OFFICE OF CULTURAL
EDUCATION
Amendments to Parts 185 and 188 of the
Commissioner’s 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 Commissioner’s 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
OFFICE OF MANAGEMENT
SERVICES
Amendment to the Commissioner’s 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
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 officer’s 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