Meeting of the Board of Regents | December 2007

Saturday, December 1, 2007 - 8:00am

sed seal

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education to provide regulatory relief in the event of the temporary closure of an institution as a result of a disaster
DATE:	November 16, 2007
STRATEGIC GOAL:	Goal 2 and 4
AUTHORIZATION(S):

SUMMARY

Issue for Decision

Should the Board of Regents adopt the proposed addition of Subdivision (w) of section 50.1; amendment of paragraph (4) of subdivision (c) of section 52.2; and addition of subdivision (g) of section 145-2.1 of the Regulations of the Commissioner of Education relating to equivalency of instruction in the event of an institution’s temporary closing due to a disaster?

Reason(s) for Consideration

Review of Policy.

Proposed Handling

The proposed amendment was discussed at the October Higher Education and Professional Practice Committee meeting and will come before the Regents in December for adoption.

Procedural History

A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on September 26, 2007. The period for public comment concluded on November 12, 2007, and no comments were received. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

Background Information

The Regulations of the Commissioner of Education state in §52.2(c)(4) “A semester hour of credit may be granted by an institution for fewer hours of instruction and study than those specified in subdivision (o) of section 50.1 of this Subchapter only:

(i) when approved by the commissioner as part of a registered curriculum; or

(ii) when the commissioner has granted prior approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution.”

The proposed amendments would provide regulatory relief in the event of the temporary closure of an institution as a result of a disaster. Such a closure may prevent the institution from meeting the semester hour requirements, adversely impacting an institution in terms of compliance with the Regulations of the Commissioner of Education and in meeting financial aid requirements for the Tuition Assistance Program (TAP). The proposed amendment was developed after meetings with representatives from the City University of New York, the State University of New York, independent colleges and universities, proprietary colleges, the Higher Education Services Corporation, the Department of Education, and the State Education Department’s Office of Higher Education The semester hour requirement is of utmost concern to all segments of higher education. The amendment is a proactive step by the Regents to provide a means of regulatory relief in the event of a catastrophic incident.

Recommendation

Staff recommend that the Regents take the following action:

VOTED: That subdivision (w) of section 50.1 and subdivision (g) of section 145-2.1 of the Regulations of the Commissioner of Education be added, and that paragraph (4) of subdivision (c) of section 52.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective January 3, 2008.

Timetable for Implementation

Upon approval by the Board of Regents, the proposed amendment will become effective January 3, 2008.

Attachment A

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 201, 207, 210, 215 and 305 of the Education Law and Chapter 57 of the Laws of 2007.

1. Subdivision (w) of section 50.1 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:

(w) Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, technological, radiological or man-made causes, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, war or civil disturbance as declared by state or local governments pursuant to sections 24 or 28 of the Executive Law.

2. Paragraph (4) of subdivision (c) of section 52.2 of the Regulations of the Commissioner of Education is amended, effective January 3, 2008, as follows:

(4) A semester hour of credit may be granted by an institution for fewer hours of instruction and study than those specified in subdivision (o) of section 50.1 of this Subchapter only;

(i) when approved by the commissioner as part of a registered curriculum; [or]

(iii) in the event of a temporary closure of an institution by the state or local government as a result of a disaster, as defined in section 50.1(w) of this Part, when the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution.

3. Subdivision (g) of section 145-2.1 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:

(g) Upon presentation of satisfactory evidence that the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction of study and such statement has been adopted by the institution as a result of a disaster as defined in section 50.1(w) of this Part,
a semester hour of credit may be granted by an institution for fewer hours of instruction and study for purposes of a scholarship, tuition assistance program or other benefits.