NOTICE OF REVIEW OF
EXISTING RULES PURSUANT TO STATE ADMINISTRATIVE PROCEDURE ACT SECTION 207
(Calendar Year 2002)
Section 207 of the State
Administrative Procedure Act (SAPA) requires that each State agency review,
after five years and thereafter at five-year intervals, each of its rules that
is adopted on or after January 1, 1997 to determine whether such rules should be
modified or continued without modification.
Pursuant to SAPA section
207, the State Education Department submits the following list of its rules that
were adopted during calendar year 2002 and invites public comment on the
continuation or modification of such rules. All section and part references are to
Title 8 of the New York Code of Rules and Regulations. Comments should be sent to the
respective agency representative listed below for each particular rule, and must
be received within 45 days of the date of publication of this
Notice.
OFFICE OF ELEMENTARY,
MIDDLE, SECONDARY AND CONTINUING EDUCATION
Section 3.32 of the
Regents Rules and section 100.2(p) of the Commissioner's Regulations, regarding
Public School registration
Description of Rule: to establish a formal process for the
registration of new public schools to ensure the fulfillment of Regents
standards relating to the accountability of public schools. The Board of Regents will grant approve
if it is satisfactorily demonstrated that a school will be operated in an
educationally sound manner; is in compliance with applicable statutes, rules and
regulations relating to public schools; and will operate in accordance with
applicable building codes and pursuant to a certificate of occupancy.
Need for
Rule: Clarification of policy for the
registration of public schools.
Legal Basis for Rule: Education Law sections 101(not
subdivided), 207(not subdivided), 210(not subdivided), 214(not subdivided),
215(not subdivided), 305(1) and (2) and (19) and 309 (not
subdivided).
Part 120 of the
Commissioner's Regulations, relating to the No Child Left Behind Act of 2001
(Pub. L. 107-110)
Description of Rule: Ensure compliance of the State and local
educational agencies with the federal No Child Left Behind Act of 2001 (Pub.L.
107-110) and the conforming State legislation enacted by Chapter 425 of the Laws
of 2002 as a condition of receipt of federal funding under Title I of the
Elementary and Secondary Education Act of 1965, as amended. Sections 120.1 and 120.2 of the
Regulations of the Commissioner provide a description of the purposes of Part
120 and applicable general definitions.
Section 120.3 provides for the implementation of the public school choice
provisions that require a federal Title I local educational agency that has a
school in school improvement status, corrective action status or restructuring
status to provide all students enrolled in such school with the option to
transfer to another public school served by the local educational agency at the
same grade level that is not in school improvement, corrective action or
restructuring status. Section 120.4
establishes criteria and procedures for the approval of providers of
supplemental education services.
Section 120.5 establishes requirements to ensure that local educational
agencies implement provisions to allow any student who attends a persistently
dangerous public elementary or secondary school or who is a victim of a violent
criminal offense, to attend a safe public school within the local educational
agency.
Need for
Rule: Compliance with the federal
No Child Left Behind Act of 2001 and Chapter 425 of the Laws of
2002.
Legal Basis for Rule: Education Law sections 101(not
subdivided), 207(not subdivided), 215(not subdivided), 305(1), (2) and (33),
2802(7), 3214(3)(d) and (f) and Chapter 425 of the Laws of
2002.
Section 136.4 of the
Commissioner's Regulations, relating to Automated External
Defibrillators
Description of Rule: Require school districts, BOCES, county
vocational education and extension boards and charter schools to provide and
maintain on-site in each instructional school facility automated external
defibrillator (AED) equipment in quantities and types deemed to be adequate to
ensure ready and appropriate access for use during emergencies, and to ensure
the presence of at least one staff person who is trained in the operation and
use of an AED whenever the facility is used for school-sponsored or
school-approved curricular or extracurricular events or wherever activities for
school-sponsored athletic contests or competitive athletic events are
held
Need for
Rule: Compliance with Chapters 60
and 61 of the Laws of 2002.
Legal Basis for Rule: Education Law sections 207(not
subdivided) and 917(1) and (2) and Chapters 60 and 61 of the Laws of 2002.
Sections 151-1.2 of the
Commissioner's Regulations, relating to Universal Prekindergarten
Programs
Description of Rule: Defines, for summer only universal
prekindergarten programs, an "eligible child" as a child who resides within the
school district and is five years of age on or after December 1st of the year in
which he or she is enrolled, or who will otherwise be first eligible to enter
public school kindergarten commencing with the current school year.
Need for
Rule: Compliance with Chapter 383
of the Laws of 2001.
Legal Basis for Rule: Education Law sections 101(not
subdivided), 207(not subdivided) and 3602-e (10)(a)(4) and (12) and section 1-a of Part F of Chapter 383
of the Laws of 2001.
Section 155.25 of the
Commissioner's Regulations, relating to Electrically Operated
Partitions
Description of Rule: Establish minimum standards for the
construction, maintenance and operation of electrically operated partitions or
room dividers located in classrooms or other facilities used by students in
public and nonpublic schools, including charter schools, and BOCES within the
State. It also requires appropriate
and conspicuous notice regarding the safe and proper operation and supervision
of the electrical device operating such partition, training of staff in the safe
operation of the partition, and maintenance of all equipment.
Need for
Rule: Compliance with Chapter 217
of the Laws of 2002 and Chapter 231 of the Laws of
2002.
Legal
Basis for Rule: Education Law
sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 409-f(1) and
(2) and 3602(6-c) and Chapter 217 of the Laws of
2001
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the continuation or
modification of any of the above rules by
contacting:
Jean
Stevens
Interim Deputy
Commissioner
New York State Education
Department
Office of Elementary,
Middle, Secondary and Continuing Education
Education Building Annex, Room 875
Albany, New
York 12234
(518)
474-5915
OFFICE OF VOCATIONAL AND
EDUCATIONAL SERVICES FOR INDIVIDUALS WITH
DISABILITIES
Sections 246.3 and 246.6,
relating to the Vocational Rehabilitation Program
Description of Rule: The
rule simplifies and eliminates obsolete language and inserts up to date language
in State regulations pertaining to the Department’s operation of the vocational
rehabilitation program, specifically, the provision of services through
community rehabilitation programs.
Need for
Rule: The rule is necessary to conform the Commissioner's Regulations to changes
in federal law made in the 1998 reauthorization of the Rehabilitation Act
(Pub.L. 105-22) and thereby ensure that the State vocational rehabilitation
program is conducted according to federal
standards.
Legal
Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided)
and 1004(1).
Section 200.2 of the
Commissioner's Regulations, relating to Instructional Material in Alternative
Formats
Description of Rule: The rule requires every school district
and BOCES to develop a plan to ensure that all instructional materials to be
used in the schools of the district (or in the programs of the BOCES) are
available in a usable alternative format for every student with a disability in
accordance with his or her individual needs and course selections at the same
time that such materials are available to non-disabled
students.
Need for Rule: The rule is necessary to implement
Chapter 377 of the Laws of 2001, which requires every school district and BOCES
to develop a plan to ensure that all instructional materials to be used in the
schools of the district (or in the programs of the BOCES) are available in a
usable alternative format for every student with a disability in accordance with
his or her educational needs and course selections at the same time that such
materials are available to non-disabled students. The rule was revised in 2005 to add the
Individuals with Disabilities Education Act (IDEA) requirement that
instructional materials meet the National Instructional Materials Accessibility
Standard defined in section 1474(e)930(B) of the reauthorized IDEA (Public Law
108-446).
Legal Basis for Rule: Education Law sections 207, 1604(29-a),
1709(4-a), 1950(4-a), 2503(7-a), 2554(7-a), 3602(10)(b), 4403(3) and Chapter 377
of the Laws of 2001.
Sections 200.2, 200.4 and
200.16 of the Commissioner's Regulations, relating to Individualized Education
Programs (IEPs)
Description of Rule: The
rule provides copies of individualized education programs (IEP’s) to teachers,
related service providers and other
providers.
Legal Basis for Rule: Education Law sections 101(not
subdivided), 207(not subdivided), 4402(7), 4403(3), 4410(13) and Chapter 408 of
the Laws of 2002.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of any of the above rules by
contacting:
Rebecca H. 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 HIGHER
EDUCATION
Sections 3.47(c)(4) and
3.50(b)(16) of the Regents Rules, relating to authorization of a degree
abbreviation
Description of
Rule: The rule authorizes the use by New York postsecondary degree-granting
institutions authorized to confer the Bachelor of Music degree of the
abbreviation "B.M." for that degree as an alternative to the existing
abbreviation "Mus.B."
Need for
Rule: The proposed rule is needed to authorize the B.M. as an additional
abbreviation for the Bachelor of Music degree in order to be consistent with the
abbreviation commonly used by other jurisdictions for this
degree.
Legal Basis
for Rule: Sections 207(not
subdivided), 210(not subdivided), 218(1), and 224(4) of the Education
Law.
Sections 3.14, Part 4 and
13.11 of the Regents Rules and section 52.23 of the Commissioner's Regulations,
relating to accreditation of teacher education programs and voluntary
institutional accreditation for Title IV
purposes
Description of Rule: The rule establishes standards and
procedures that must be met by institutions of higher education seeking
accreditation of their teacher education programs by the Board of Regents; aligns related provisions in the Rules
of the Board of Regents and the Regulations of the Commissioner of Education
with the new standards and procedures; and renumbers the rule and clarifies
language related to voluntary institutional accreditation for Title IV purposes
by the Commissioner of Education and the Board of
Regents.
Need for
Rule: The rule is needed to improve
the quality of teacher education programs to ensure that teachers are well
qualified to teach to the State Learning Standards for Students, established by
the Board of Regents in Part 100 of the Regulations of the Commissioner of
Education. The rule carries out the policy of the Board of Regents as stated in
its policy paper, "New York's Commitment: Teaching to Higher Standards," and
prescribed in the Regulations of the Commissioner of Education, that each
teacher education program must be accredited by the Board of Regents or an
acceptable professional education accrediting association. The rule responds to requests from
colleges that offer teacher education programs that the Regents offer an
alternative means to become accredited.
Section
52.21(b)(2)(iv)(c) of the Commissioner's regulations requires the accreditation
of programs that prepare classroom teachers for initial or professional
certificates either by an acceptable professional education accrediting
association or by the Regents, pursuant to a Regents accreditation process. The rule establishes this
process.
The rule also
is needed to align existing provisions in the Rules of the Board of Regents and
the Regulations of the Commissioner of Education with the new procedures for
Regents accreditation of teacher education programs. Specifically, it is needed to include
responsibilities related to teacher education program accreditation explicitly
among the duties of the State Professional Standards and Practices Board for
Teaching; to retitle and renumber Part 4 of the Rules of the Board of Regents;
to clarify language in the standards and procedures for institutional
accreditation by the Commissioner of Education and the Regents for purposes of
Title IV of the Higher Education Act of 1965; and to prescribe requirements
relating to representations by colleges and universities as to accreditation by
the Board of Regents and the Commissioner of Education.
In addition,
the rule is needed to provide a substitute for existing procedures on denial of
program reregistration, as prescribed in subdivision (a) of section 52.23 of the
Regulations of the Commissioner of Education, when reregistration of a teacher
education program is denied based upon a review conducted for the Regents
accreditation of the program.
Legal Basis
for Rule: Sections 207(not subdivided), 210(not subdivided), 212-c (not
subdivided), 214(not subdivided), 215(not subdivided), and 305(1) and (2) of the
Education Law.
Sections 87.3, 87.4, 87.5 and 87.9 of
the Commissioner's Regulations, relating to fingerprinting and criminal history
check of prospective school employees and applicants for teaching
certification
Description of Rule:
The rule sets forth requirements and procedures for the exchange of
criminal history records between the State Education Department and City School
District of the City of New York for statutorily prescribed individuals, and
clarifies both appeal procedures for prospective school employees denied
clearance for employment and the scope of the State Education Department’s
criminal history record check.
Need for Rule: The proposed rule is
needed to implement Chapter 380 of the Laws of 2001, which authorizes the
exchange of criminal history records of certain individuals, upon their
authorization, between the State Education Department and the City School
District of the City of New York.
Legal Basis for Rule:
Sections 207(not subdivided), 305(3)(a), 3004-b(1), 3035(3) and (3-a) of the
Education Law and Chapter 380 of the Laws of 2001.
Section 52.21(b)(2)(iv)(b)(1) of the
Commissioner's Regulations, relating to requirements for teacher education
programs
Description of Rule: The rule requires teacher education
programs to show that a minimum of 80 percent of its program graduates who have
taken one or more of the examinations required for a teaching certificate in any
given year, have received passing rates.
A teacher education program in which fewer than 80 percent of its program
graduates pass one or more state examinations required for a teacher certificate
will undergo a registration review of its education programs.
Need for Rule: The rule aligns the definition for pass
rates on teacher certification examinations, used for purposes of triggering a
State Education Department registration review of teacher education programs,
with the Federal definition, used for purposes of Title II of the Higher
Education Act. This annual
measurement provides a routine, systematic evaluation of teacher education
programs, and a useful, proactive tool when used in conjunction with other data.
Previous regulations of
the Commissioner of Education subjected teacher education programs to a
registration review when fewer than 80 percent of students who complete the
programs at an institution have passed teacher certification examinations. The rule changed the time period for
determining the student pass rate for purposes of determining whether a teacher
education program should be subject to registration review. It provides that the Department will
consider the performance on each certification examination of those students
completing an examination not more than five years before the end of the
academic year in which the program is completed or not later than the September
30th following the end of such academic year. This definition is consistent with the
definition required by the U.S. Department of Education for determining pass
rates for teacher education programs for purposes of Title II of the Higher
Education Act.
The rule
simplifies the reporting requirements for higher education institutions in
New York
State. Staff at these institutions will not
have to verify additional test takers for the computation a second pass rate
used for the purpose of determining whether their teacher education programs
would be subject to a registration review.
The rule also reduces confusion that may result from computing two pass
rates for the same teacher education
programs.
Legal Basis for Rule:
Sections 207(not subdivided), 210(not subdivided), 215(not subdivided), 305(1),
and 3004(1) of the Education Law.
Section 80-2.6(c) of the
Commissioner's Regulations, relating to requirements for certificate of teachers
of the speech and hearing handicapped
Description of Rule: The
rule enables licensed and registered speech-language pathologists in New York State to become certified as teachers of
the speech and hearing handicapped through an alternative path. The rule enables
such licensed individuals to become provisionally certified immediately based
upon their preparation for licensure and permanently certified after having
completed specified education, experience, and examination
requirements.
Need for Rule: The rule is
needed to address personnel shortages faced by New York schools. Teachers of the speech and hearing
handicapped provide communication and language acquisition services to students
who have Individualized Education Plans (IEPs). These teachers do not provide direct
instruction in academic subjects but, rather, provide foundational skills that
will impact on the students' current and future educational success. As a part of their clinical
training, professionally licensed speech-language pathologists have experience
working with children and have already attained a master's degree in
speech-language pathology prior to licensure. They have also passed the national
licensing examination in speech-language pathology. The rule will allow these licensed
professionals, who have met a high standard of clinical training, to begin
working in schools, and require them to meet specific pedagogy-related
requirements before receiving the permanent certificate.
Legal
Basis for Rule: Sections 207(not subdivided), 305(1), (2), and (7), 3004(1) and
3006(1) of the Education Law.
Section 27-1.1 of the
Regents Rules, relating to student eligibility for the Higher Education
Opportunity
Program
Description of Rule: The rule concerns income
criteria for determining student eligibility to participate in the Higher
Education Opportunity Program at nonpublic institutions of higher
education. The rule also pertains
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.
Need for Rule:
The rule is needed in order to update the current criteria for determining
student economic eligibility for the Higher Education Opportunity Program by:
(1) taking into account inflationary conditions and changes in annual income;
(2) accounting for New York State and local taxes and regional maintenance
costs; (3) assuring consistency across the State-supported postsecondary
opportunity programs; (4) maintaining the continuing linkage of these
eligibility criteria with federally approved methods of needs analysis; and (5)
recognizing the costs associated with a household that is solely supported by
one member who is employed by two or more employers.
Legal Basis for Rule: Sections
207(not subdivided) and 6451(1) of the Education
Law.
80-1.7 and 80-5.15 of the
Commissioner's Regulations, relating to requirements for the renewal of a
provisional teaching certificate and the issuance of a limited certificate in
the classroom teaching service
Description of Rule: The rule establishes the
requirements for the renewal of an expired provisional teaching certificate for
an additional five-year term and for the issuance of a limited certificate in
the classroom teaching service which would permit candidates to teach for the
period September 1, 2003 through August 31, 2004, while they are completing
academic requirements for the provisional
certificate.
Need for Rule: The rule was needed to address personnel
shortages faced by New
York public schools, by implementing initiatives,
endorsed by the Board of Regents Committee on Higher and Professional Education
in May 2002, which were designed to increase the number of qualified candidates
for teaching positions in the State's public schools. Section 80-1.7, which established
the conditions for renewal of the Provisional teaching certificate, was
subsequently repealed, effective April 13, 2006, and replaced with a new section
80-1.7. Section 80-5.15 established
a Limited certificate available to candidates who taught under a temporary
license during the 2002-2003 school year, enabling them to continue teaching
during the 2003-2004 school year while completing coursework requirements to
qualify for a Provisional certificate.
Limited certificates were valid only for the period September 1, 2003
through August 31, 2004 and are not renewable.
Legal Basis
for Rule: Sections 207(not
subdivided), 305(1), (2), and (7), 3004(1) and 3006(1) of the Education
Law.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of any of the above rules 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, New
York 12234
(518)
474-3862
OFFICE OF THE
PROFESSIONS
Section 29.13(a) of the
Regents Rules, relating to unprofessional conduct in the practice of massage
therapy
Description of Rule: The
rule defines unprofessional conduct in the practice of massage therapy.
Need for Rule: The rule removes an exception in the
definition of unprofessional conduct in the practice of massage therapy relating
to patient records, which pertains to licensed practitioners who are providing
massage therapy services to clients in a health spa or similar setting, when
such services are not provided pursuant to a prescription by a health care
practitioner. It makes applicable
requirements that must be met by licensed massage therapists in all other
settings, defining unprofessional conduct as: (1) failing to make available to a
patient or client, upon request, copies of documents in the possession or under
the control of the licensee which have been prepared for and paid for by the
patient or client; and (2) failing to maintain a record for each patient which
accurately reflects the evaluation and treatment of the patient. The rule also requires all patient
records to be retained for at least six years, unless otherwise provided by law,
and that obstetrical records and records of minor patients be retained for six
years, and until one year after the minor patient reaches the age of 21 years.
Legal basis for rule:
Education Law sections 207(not subdivided), 6504(not subdivided), 6506(1) and
6509(9).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Dr. Kathleen
Doyle
State Board for Massage
Therapy
State Education Building, 2nd
Floor
89 Washington
Avenue
Albany, NY 12234
(518) 474-3817 x
150
Section 29.7(a)(21)(ii)(a)
of the Regents Rules, relating to unprofessional conduct in the practice of
pharmacy and assistance to licensed pharmacists by unlicensed
individuals
Description of Rule: The
rule revises the list of activities, performed by an unlicensed individual while
assisting a licensed pharmacist in the dispensing of a prescription, that would
invoke the requirement that a licensed pharmacist supervise no more than two
unlicensed persons.
Need for Rule: A licensed pharmacist may receive the
assistance of unlicensed individuals to perform certain specified activities
relating to the dispensing of drugs.
Generally, a licensed pharmacist may not supervise more than two
unlicensed individuals in the performance of these activities. An exception exists for unlicensed
individuals who simply receive written or electronically transmitted
prescriptions. The rule adds
another exception for unlicensed individuals who perform the ministerial task of
handing or delivering completed prescriptions to the patient or person
authorized to act on behalf of the patient.
The rule is
needed to enable pharmacists to supervise more than two unlicensed individuals
doing the routine ministerial task of handing or delivering a prescription to a
patient. Liberalizing the
supervision requirement will not adversely affect public health or safety, while
enabling licensed pharmacists to better utilize staff resources of the pharmacy.
Legal basis for rule:
Education Law sections 207(not subdivided), 6504(not subdivided), 6506(1) and
6509(7) and (9), and 6801(not subdivided).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Lawrence
Mokhiber
State Board for
Pharmacy
State Education Building, 2nd
Floor
89 Washington
Avenue
Albany, NY 12234
(518) 474-3817 x
130
Section 29.10 of the
Regents Rules, relating to the definition of unprofessional conduct and work
paper documentation and retention in the practice of public
accountancy
Description of Rule: The
rule establishes, in the definition of unprofessional conduct in the practice of
public accountancy, standards that licensees must meet in relation to
documentation in work papers and the retention of such papers.
Need for Rule: The rule is
needed to establish uniform standards for the documentation in work papers and
retention of such work papers in the profession of public accountancy. The rule is needed to ensure that work
papers that support work products produced in the practice of public accountancy
are maintained for a reasonable period of time, and that such work papers
contain adequate documentation. The
rule will serve to protect the public interest by ensuring that adequate
documentation is available when a potential problem in a public accounting work
product is identified. It
will provide information that may be used by the State Education Department's
Office of Professional Discipline when it conducts investigations of possible
instances of professional misconduct.
Legal basis for rule:
Education Law sections 207(not subdivided), 6504(not subdivided), 6506(1) and
6509(9), and 7401(not subdivided).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Daniel
Dustin
State Board for
Accountancy
State Education Building, 2nd
Floor
89 Washington
Avenue
Albany, NY 12234
(518) 474-3817 x
160
Section 64.6 of the
Commissioner's Regulations, relating to the practice of nursing and
midwifery
Description of Rule: The
rule identifies, in regulation, the licensed profession of midwifery as one of
the licensed health care professions that is authorized to prescribe medical
regimens to be executed by registered professional nurses that may direct the
care provided by licensed practical nurses.
Need for
Rule: Subdivisions (1) of section 6902 of the Education Law authorizes licensed
physicians and dentists or other licensed health care providers legally
authorized under Title VIII of the Education Law and in accordance with
Commissioner's regulations to prescribe medical regimens to be executed by
registered professional nurses.
Subdivision (2) of section 6902(2) of the Education Law authorizes
registered professional nurses or licensed physicians, dentists or other
licensed health care providers legally authorized under Title VIII of the
Education Law and in accordance with Commissioner's regulations to direct care
provided by licensed practical nurses.
Legal basis for rule: Education Law
sections 207(not subdivided), 6507(1) and (2), 6902(1) and (2), and 6951(1), (2)
and (3).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Barbara
Zittel
State Board for
Nursing
State Education Building, 2nd
Floor
89 Washington
Avenue
Albany, NY 12234
(518) 474-3817 x
120
Part 77 of the
Commissioner's Regulations, relating to the licensing of physical therapists and
certification of physical therapy
assistants
Description of Rule: The
rule implements Chapter 404 of the Laws of 2002 by establishing requirements for
the renewal of a limited permit for a physical therapist assistant and
prescribes the examination that must be passed for certification as a physical
therapist assistant, and makes nonsubstantial changes in the requirements for
licensure as a physical therapist.
Need for Rule: Section
6741-a of the Education Law, as added by Chapter 404 of the Laws of 2002,
establishes an examination requirement for certification as a physical therapist
assistant. This statutory
requirement was added to ensure the competency of individuals who are certified
in this field. The memorandum in support of Chapter 404 of the Laws of 2002,
submitted by the sponsor of this legislation, states: "Passage of an appropriate
examination provides a demonstration of a candidate's competency to work. Most states including those bordering
New York
require passage of an examination in order to work as a physical therapist
assistant." The rule is needed to
identify that specific examination, the National Physical Therapy Examination
for Physical Therapist Assistants, that must be
passed.
Section
6741-a of the Education Law, as added by Chapter 404 of the Laws of 2002, also
adds provisions for limited permits for physical therapist assistants to
practice under the supervision of a licensed physical therapist pending
successful completion of the required examination. Subdivision (c) of section 6741-a
provides that such permits may be renewed for no more than 6 months for
justifiable cause. The rule is needed to establish the conditions upon which a
limited permit may be renewed. These conditions are identical to the conditions
that are applicable for the renewal of limited permits for physical therapists.
Finally, the
rule is needed to make a number of nonsubstantial changes in the provisions
relating to requirements for the licensure of physical therapists. Among other changes, citations to
Education Law have been changed to be consistent with changes in the numbering
of Education Law provisions, as amended by Chapter 404 of the Laws of 2002; the
title of the licensing examination has been corrected; and section headings have
been modified to identify provisions concerning physical therapists.
Legal basis for rule:
Education Law sections 207(not subdivided), 6506(1), 6507(2)(a), 6734(d),
6735(c), 6740(c-1), and 6741-a(c), and Section 4 of Chapter 404 of the Laws of
2002.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Claudia
Alexander
State Board for Ophthalmic
Dispensing
State
Education Building, 2nd Floor West
89 Washington
Avenue
Albany,
NY 12234
(518) 474-3817 x
18
Section 61.15(a) of the
Commissioner's Regulations, relating to mandatory continuing education for
dentists
Description of
Rule: The rule implements Chapter 237 of the Laws of 2001 which requires
licensed dentists to complete, on a one-time basis, no fewer than two hours of
acceptable coursework regarding the recognition, diagnosis, and treatment of the
oral health effects of the use of tobacco and tobacco products, as part of the
dentist’s continuing education requirement.
Need for Rule: The rule is
needed to make regulatory requirements consistent with this statutory change.
Legal Basis for Rule:
Education Law sections 207(not
subdivided), 6502(1), 6504(not subdivided), 6507(2)(a) , and 6604-a(2) and
(4).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Milton
Lawney
State Board for
Dentistry
State Education Building, 2nd
Floor
89 Washington
Avenue
Albany, NY 12234
(518) 474-3817 x
550
OFFICE OF CULTURAL
EDUCATION
Sections 185.5, 185.13 and
185.14 of the Commissioner's Regulations, relating to Local Government Records
Management
Description of Rule: The rule makes necessary changes and
additions in order to update Records Retention and Disposition Schedule CO-2 and
Records Retention and Disposition Schedule MI-1.
Need for
Rule: The rule is needed to issue amendments to Records Retention and
Disposition Schedule CO-2 and Records Retention and Disposition Schedule MI-1,
thus providing counties and miscellaneous local governments with means to
dispose of valueless records not listed on the existing schedules, to maintain
voluminous records no longer than the records are needed, and to make the
schedules easier to understand.
Legal basis for rule:
Education Law section 207(not subdivided) and Arts and Cultural Affairs Law
section 57.25(2).
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of the above rule by
contacting:
Christine
Ward
Assistant Commissioner for
the State Archives
New York State Education
Department
New
York State Archives
Room
9C49
Cultural Education Center
Albany, New
York 12230
(518)
474-6926
OFFICE OF MANAGEMENT
SERVICES
Agency
Representative:
Sections 3.16 and 3.17 of
the Commissioner's Regulations, relating to Charter School
complaints
Description of Rule: The rule establishes procedures for the
conduct of charter school revocation proceedings initiated by the Board of
Regents, and delegates to the Commissioner the authority of the Board of Regents
to investigate and respond to complaints against charter schools pursuant to
Education Law section 2855(4), authority to issue remedial orders to charter
schools pursuant to Education Law section 2855(4), and the authority to place a
charter school on probationary status and to develop and impose a remedial
action plan pursuant to Education Law section
2855(3).
Need for
Rule: The rule is necessary to prescribe procedures for the conduct of charter
school revocation proceedings by the Board of Regents pursuant to Education Law
section 2855.
Legal basis
for the Rule: Education Law
sections 101(not subdivided), 206(not subdivided), 207(not subdivided), 305(1),
(2) and (20) and 2855(1), (2), (3), and (4).
Information may be
obtained, and written comments may be submitted, concerning the modification or
continuation of any of the above rules by
contacting:
Kathy A.
Ahearn
Counsel and Deputy
Commissioner for Legal Affairs
New York State Education
Department
State
Education Building, Room 112
Albany, New York 12234
(518)
474-6400
legal@mail.nysed.gov
