STATE EDUCATION
DEPARTMENT
2007 REGULATORY
AGENDA
Pursuant to
section 202-d of the State Administrative Procedure Act, the State Education
Department presents its regulatory agenda for calendar year 2007. 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 2007 Regulatory
Agenda.
OFFICE OF ELEMENTARY,
MIDDLE, SECONDARY AND CONTINUING EDUCATION
Proposed
repeal of section 100.8 of the Regulations of the Commissioner of Education
relating to the issuance of a local high school equivalency program for
experimental programs.
Proposed
amendment of section 100.7 of the Commissioner's Regulations to add a provision
relating to the National External Diploma Program to the requirements for the
New York State High School Equivalency
Diploma.
Proposed
repeal of section 175.43 of the Commissioner's Regulations relating to the
Operating Standards Aid Plan.
Proposed
amendment of Part 117 of the Commissioner's Regulations relating to the
diagnostic screening of pupils.
Proposed
amendment of section 100.2(x) of the Commissioner's Regulations relating to the
education of homeless children.
Proposed
amendment of Part 154 of the Commissioner's Regulations relating to the New York
State English as a Second Language Achievement Test
(NYSESLAT).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the above proposed
amendments by contacting:
Jean C.
Stevens
Interim Deputy
Commissioner
New York State Education
Department
Office of Elementary,
Middle, Secondary and Continuing Education
89 Washington
Avenue
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 52 to provide for waivers of certain regulations in declared
emergencies.
Amendment
to Part 80 of the Commissioner's Regulations, relating to reciprocity of
classroom teaching certificates issued by other
states.
Amendment
to Part 52 and Part 80 related to the requirements for teacher certification in
Special Education.
Amendment to Part 87 of
Commissioner’s Regulations relating to oral
arguments.
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
of Subpart 4-2 of Regents Rules, relating to a revised fee structure for Regents
Accreditation of Teacher Education (RATE).
Amendment
of Subpart 4-2 of Regents Rules, relating to revised appeal provisions for
Regents Accreditation of Teacher Education (RATE).
Amendment
to Part 80 of Commissioner’s Regulations to correct errors, provide clarity, and
make other minor technical adjustments.
Amendment
to Part 30 of Commissioner’s Regulations to designate a tenure area for each of
the several teacher certificate titles that did not exist prior to February 2,
2004.
Amendment
to Part 50 to clearly define and differentiate remedial and developmental
coursework from credit-bearing college coursework.
Amendment
to Part 52 to strengthen admissions policies to ensure prospective college
students have accurate information on the college, job placement, and/or
transfer opportunities necessary to make educated enrollment
decisions.
Amendment
to Part 52 related to requiring higher education institutions that accept
students who do not have a high school diploma or a GED, demonstrate that before
accepting these students, they successfully pass an Ability to Benefit (ATB)
examination that is appropriate for college-level programs offered at the
institution.
Amendment
of Part 80 related to the renewal of initial certificates in the classroom
teaching service and the educational leadership
service.
Proposed amendment of Section 8
NYCRR 100.2(dd) and Part 80, relating to changes in the district professional
development plan to account for changes in regulations related to the
certification of school leaders.
Agency
Representative
Information may be
obtained, and written comments may be submitted, concerning the above-proposed
amendments by contacting:
Johanna
Duncan-Poitier
Deputy
Commissioner
New York State Education
Department
Office of Higher Education
and Office of the Professions
89 Washington
Avenue
West Wing, Second Floor
Mezzanine - EB
Albany, New
York 12234
(518)
474-3862
OFFICE OF THE
PROFESSIONS
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 and electronic recordkeeping in
pharmacies.
Amendment to Part 31 of
the Regents Rules relating to the prohibition against illegal
practice.
Amendment to Part 52 and
Subparts 79-13, 79-14 and 79-15 of the Commissioner's Regulations relating to
registered programs and education requirements for licensure in the clinical
laboratory practitioner professions.
Amendment to Part 64 of
the Commissioner's Regulations relating to the administration of non-patient
specific orders.
Amendment to Part 66 of
the Commissioner's Regulations relating to continuing education in the practice
of optometry in the area of therapeutic pharmaceutical
agents.
Amendment to Part 70 of the
Commissioner’s Regulations relating to licensure and experience requirements in
Certified Public Accountancy.
Amendment to Part 73 of
the Commissioner's Regulations relating to education and examination
requirements for licensure in chiropractic.
Amendment to Part 74 of
the Commissioner's Regulations relating to supervision requirements, in addition
to deleting grandparent provisions, in social
work.
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 79 of
the Commissioner's Regulations relating to experience and supervision
requirements in the Mental Health
Professions.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the above-proposed
amendments by contacting:
Johanna
Duncan-Poitier
Deputy
Commissioner
New York State Education
Department
Office of Higher Education
and Office of the Professions
89 Washington
Avenue
West Wing, Second Floor
Mezzanine - Education Building
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) and 200.16(c) 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 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(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 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
rcort@mail.nysed.gov
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
Acting Deputy Commissioner
for Cultural Education
New York State Education
Department
New
York State Archives
Room
9C49
Cultural Education Center
Albany, New
York 12230
(518)
474-6926
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
89 Washington
Avenue
Room 121
EB
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
Director of Education
Finance
New York State Education
Department
89 Washington
Avenue
Room 139
EB
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
89 Washington
Avenue
Room 112
EB
Albany, New
York 12234
(518)
474-6400
legal@mail.nysed.gov
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; and adding notice of certification requirement.
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; and
sufficiency of content.
Amendment to section 279.6
relating to new matters raised in answer.
Amendment to section 279.7
relating to failure to properly 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 279.9
relating to content of record; electronic filing of record; certification of
record and clarification that section 279.9(b) refers to complete
record.
Amendment to section to
279.10 pertaining to extensions of time to answer or reply; length of extensions
permitted; additional evidence; and to update cross reference to 200.5.
Amendment to section
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.
Addition
of section 279.14 allowing OSR to return hearing records to LEA when a petition
for review is withdrawn or not perfected.
Addition
of section 279.15 relating to scope of
jurisdiction.
Addition
of section 279.16 relating to right to judicial
review.
Addition of section 279.17
relating to dismissal of any petition or other pleading, or memorandum for
failure to conform with the requirements of
279.
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
