September 2023 Meeting

Proposed Amendment of Section 30-1.2 of the Rules of the Board of Regents Relating to the Computer Science Tenure Area - Department staff will present proposed regulatory amendments to extend the dates listed in the computer science tenure area regulations from September 1, 2023, to September 1, 2024. 

Proposed Amendment of Sections 3.12, 3.14, and 13.11 and Repeal of Part 4 of the Rules of the Board of Regents and Amendment of Section 52.23 of the Regulations of the Commissioner of Education relating to Regents Accreditation - Department staff will present proposed regulatory amendments to repeal Part 4 of the Rules of the Board of Regents, which relate to the Commissioner of Education and the Board of Regents role and requirements as a nationally recognized higher education accrediting agency, as well as technical amendments to other sections of Regents Rules and Commissioner’s Regulations to remove references to Part 4.

Proposed Amendment of Section 80-3.12 of the Regulations of the Commissioner of Education Relating to the Requirements for Certification as a School Counselor through Individual Evaluation - Department staff will present for emergency action a proposed regulatory amendment to provide flexibility for candidates seeking an Initial School Counselor certificate through the individual evaluation pathway.

Proposed Amendment to Section 79-13.5 of the Regulations of the Commissioner of Education Relating to Requirements for Restricted Licenses for Clinical Laboratory Technologists in Molecular Testing - Department staff will present for emergency action proposed amendments to conform the Commissioner’s regulations to Chapter 186 of the Laws of 2023, which effective June 30, 2023, changes the name of two categories of restricted licenses in clinical laboratory technology  from “molecular diagnosis” to “molecular testing”; revises the education requirements for applicants for a restricted license in molecular testing, consistent with their expanded scope of practice; and eliminates an outdated education certification requirement.

Proposed Addition of Section 29.20 to the Rules of the Board of Regents and Repeal of Sections 52.44 and 52.45, Repeal and Addition of New Sections 79-17.1, 79-17.2, 79-18.1, 79-18.2, Amendment of Sections 79-17.3, 79-17.5, 79-18.3, and 79-18.5, and Addition of Sections 79-17.6 and 79-18.6 to the Regulations of the Commissioner of Education Relating to the Licensure of Applied Behavior Analysts and Certification of Applied Behavior Analyst Assistants - Department staff, in response to public comment, will present for discussion and emergency action a revised proposed rule to conform the requirements for licensure and practice as a Licensed Behavior Analyst and certification as a Certified Behavior Analyst Assistant to more closely align New York requirements to national standards while ensuring appropriate preparation for the provision of applied behavior analysis services pursuant to a diagnosis and order from authorized professionals to treat individuals with behavioral health conditions. Sections 79-17.1 and 79-18.1 of the Commissioner’s regulations have been revised to eliminate the internship requirement; and the language has been broadened to more clearly recognize the Verified Course Sequence Process  by: (1) replacing references to “accrediting agency” with “credentialing organization”; and (2) broadening the program approval language to include programs “accredited, recognized, or verified by a credentialing organization acceptable to the department” rather than programs “accredited by an accrediting organization acceptable to the department”. Additionally, sections 79-17.2 and 79-18.2 of the Commissioner’s regulations have been revised to more closely align with national standards as follows: the content requirement has been revised to: (1) remove the reference to specific hourly requirements (or “timekeeping”) for full-time and part-time experience; and (2) to specify that the experience content must meet the requirements of a credentialing organization acceptable to the Department; the supervision requirements have been revised to: (1) remove reference to “face-to-face” supervision; (2) authorize group supervision in addition to individual; and (3) provide that such supervision shall be of a duration and frequency that is either acceptable to the department or a credentialing organization acceptable to the Department; and references to the standards of a “credentialing organization” have been added.