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:	James A. Kadamus
COMMITTEE:	EMSC-VESID
TITLE OF ITEM:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Voluntary Registration of Nonpublic Nursery Schools and Kindergartens
DATE OF SUBMISSION:	February 18, 2005
PROPOSED HANDLING:	Discussion
RATIONALE FOR ITEM:	Implementation of Regents Policy
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY:

 

Attached is a proposed amendment to section 125.1 of the Regulations of the Commissioner of Education.  Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.

 

The purpose of the proposed amendment is to remove the requirement for annual visits by Department consultants to each of the registered schools and to replace it with a visitation plan that is consistent with the current resources of the Department and the needs of the schools.  Currently, there are 205 registered nonpublic nursery schools and kindergartens.  Under the proposed amendment, Department staff will make annual site visits to schools with registration certificates that will expire during the year; schools operated by new applicants/owners; schools located in newly constructed or renovated sites; and schools that require onsite technical assistance to alleviate regulatory noncompliance issues.

 

A Notice of Proposed Rule Making will be published in the State Register no later than March 2, 2005.  The proposed amendment will be submitted for approval in May.

 

 

 

Attachment

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to Education Law sections 207 and 210

Section 125.1 of the Regulations of the Commissioner of Education is amended, effective June 9, 2005, as follows:

125.1  General. 

(a)  As used in this Part, school means a nonpublic nursery school or kindergarten organized for the purpose of educating a group or groups of six or more children less than seven years of age, under the supervision of qualified teachers, providing an adequate program of learning activities and maintaining good standards of health and safety.

            (b)  A school shall be registered by the department upon the submission of satisfactory evidence that it meets the standards set forth in this Part and receives approval after onsite visitation.  Registration shall be valid for a period of five years, subject to revocation for cause.

(c)  [Consultants shall make annual visits to schools.]  Department staff shall conduct annual visits to schools within the following categories: 

(1) schools with registration certificates that will expire during the year;

(2)  schools operated by new applicants, including schools operated by new owners pursuant to section 125.10(a)(3) of this Part;

(3) schools located in newly constructed or renovated sites; and

(4) schools that require onsite technical assistance to alleviate regulatory non-compliance issues.