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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: |
June 2005 Regulatory Agenda
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DATE: |
June 2,
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 June 2005 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 June 2005 regulatory agenda is a list and brief description of the
subject matter of each rule the Department is considering proposing during the
remainder of 2005, 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 June 2005 Regulatory Agenda
for the State Education Department be approved, as
submitted.
Timetable for
Implementation
The June 2005 Regulatory Agenda
will be published in the State Register on June 29,
2005.
STATE EDUCATION
DEPARTMENT
JUNE 2005 REGULATORY
AGENDA
Pursuant to section 202-d of the
State Administrative Procedure Act, the State Education Department presents its
regulatory agenda for the remainder of calendar year 2005. 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 2005 Regulatory
Agenda.
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND
CONTINUING EDUCATION
Amendment to section 100.2(p) of
the Commissioner's Regulations relating to the definition of annual high school
and high school alternative cohorts.
Amendment to section 100.2(p) of the
Commissioner's Regulations relating to students with disabilities and school and
school district accountability under the federal No Child Left Behind
Act.
Amendment to section 100.2 (gg) of the
Commissioner's Regulations to create more specific categories of violent
incidents for the Uniform Violent Incident Reporting System and to clarify
definitions within those categories.
Amendment to section 104 of the
Commissioner's Regulations relating to pupil attendance and the reporting of
truancy rates as required under the federal No Child Left Behind
Act.
Amendment to section 100.5 of the
Commissioner's Regulations relating to high school diploma and graduation
requirements.
Amendment to section 114.3 of the
Commissioner's Regulations relating to the bidding exemption for direct
purchasing for a school food service
program.
Amendment to section 136 of the
Commissioner's Regulations relating to school health
services.
Amendment to section 175.5 of the
Commissioner's Regulations relating to the use of superintendents’ conference
days.
Agency
Representative:
Information may be obtained, and written
comments may be submitted, concerning any of 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
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.
Agency
Representative:
Information may be obtained, and written
comments may be submitted, concerning the above-proposed amendments by
contacting:
Kathy A.
Ahearn
Chief of Staff and Counsel and Deputy
Commissioner for Legal Affairs
New York State Education
Department
State Education Building, Room 148
Albany, New York
12234
(518)
474-6400
legal@mail.nysed.gov
OFFICE OF HIGHER
EDUCATION
Amendment to Part 30 of the Commissioner’s
Regulations to align Part 30 tenure areas
with the Part 80 certificate titles.
Amendment to Part 80-3 of the Commissioner’s
Regulations relating to the preparation, certification and assessment
requirements for school leaders.
Amendment to Part 80-1.7 of the
Commissioner’s Regulations to extend an option to renew a lapsed provisional
certificate for administrative and support
personnel.
Amendment to Part 80 of the Commissioner’s
Regulations relating to Pupil Personnel Service
certification.
Amendment to Part 80-3 of the Commissioner’s
Regulations to establish certification requirements for school educational
interpreters.
Amendment to Part 87 of the Commissioner’s
Regulations relating to oral arguments.
Amendment to Part 80-5.6 of the
Commissioner’s Regulations relating to the duration of the Teaching Assistant-
Level 1 certificate.
Amendment to Part 126 of the Commissioner’s
Regulations to formally set forth the five tenths of one percent gross tuition
assessment for ESL schools, assigning three tenths of that one percent of that
one percent to the Tuition Reimbursement Account (TRA) and the remaining two
tenths to the Bureau of Proprietary School Supervision; set forth different
assessment calculations for ESL schools which operated prior to certification as
opposed to those that did not; and clarify the assessment calculations for new
private schools, business schools, and computer training facilities that did not
operate prior to licensure/registration.
Amendment to Part 52 of the Commissioner's
Regulations relating to the certification examination requirement for completion
of registered college programs preparing school district leaders and school
district business leaders.
Amendment of the Regents Rules and Part 80 of
the 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 the Commissioner's Regulations for registration of programs for school educational interpreters.
Amendment
to Part 52.21 of the Commissioner's Regulations relating to the requirement for
the accreditation of teacher education programs by December 31,
2006.
Amendment to Part 4 of the Regents Rules
related 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 the Commissioner's Regulations related to requirements and standards for registration of Pupil Personnel Services preparation programs.
Amendment
to Part 4 of the Regents Rules related 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
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 28 of the Regents Rules
relating to the determination of good moral character to streamline current
procedures and processes.
Amendment to Part 28 of the Regents Rules
relating to consideration of the prior criminal and disciplinary history of
licensure applicants.
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
to Part 68 of Commissioner’s Regulations relating to the licensing and
continuing education requirements for engineers and land
surveyors.
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 Rules of the
Board of Regents relating to the prohibition against illegal
practice.
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 any of 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
Amendment to Part 200 of the
Commissioner’s Regulations relating to the provision of special education
services to students with disabilities who are enrolled by their parents in
nonpublic elementary and secondary schools in the
State.
Amendment to section 200.3 of
the Commissioner’s Regulations relating to the membership of the Committee on
Special Education.
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 federal
regulations implementing the Individuals with Disabilities Education Act
(IDEA).
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
section 4410.2 of the Education Law.
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 individualized education program (IEP).
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 200.5 of the
Commissioner’s Regulations to add a statute of limitations for the right to
request an appeal of the decision of the State review
officer.
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 section 200.21 of the
Commissioner’s Regulations relating to impartial hearing officer compensation
rates.
Amendment to Part 200 of the Commissioner’s
Regulations relating to State monitoring, enforcement and technical assistance
to school districts.
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 any of 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
Amendment to sections 3.27 and 3.30 of the
Regents Rules, relating to the chartering and registration of museums and
historical societies, to clarify the standards that museums and historical
societies must meet to obtain an absolute charter; provide that
all-volunteer-run historical societies without a collection may be incorporated
by the Regents rather than chartered; provide a process every five years to
certify that institutions holding an absolute charter continue to meet Regents
standards; and provide a peer review process in which institutions are visited,
advised and assisted by qualified professionals from neighboring
institutions.
Agency
Representative:
Information may be obtained, and written
comments may be submitted, concerning any of the above-proposed amendments by
contacting:
Clifford
A. Siegfried, Assistant Commissioner and
Director
New
York State Museum
Room
3140 Cultural Education Center
Albany,
NY 12230
Phone
(518) 474-5812
Amendment to sections 185.5, 185.13 and
185.14 of the Commissioner’s Regulations relating to Local Government Records
Management to make necessary changes and additions to Records Retention and
Disposition Schedules CO-2 and MI-1.
Amendment 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, authorizing the disposition of paper original or
micrographic copies of records having a retention period of 10 years or more
when those records are replaced by digitized images, and authorizing local
governments to use locally-developed retention and disposition schedules in lieu
of or in conjunction with schedules issued by the Commissioner provided that the
consent of the Commissioner is obtained.
Amendment to section 188.21 of
the Commissioner's Regulations relating to fees for records management services
to State agencies, to make necessary changes and updates to the list of annual
fixed fees paid by State agencies and to the charges for storage of records in
the records center facility operated by the State
Archives.
Agency
Representative:
Information may be obtained, and written
comments may be submitted, concerning the above-proposed amendments 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, New York
12230
(518)
474-5930
jwelch2@mail.nysed.gov
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