Meeting of the Board of Regents | December 2007
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Kathy A. Ahearn |
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SUBJECT: |
2008 Regulatory Agenda
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DATE: |
November 16, 2007
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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 2008 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 2008 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during calendar year 2008, 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 2008 Regulatory Agenda for the State Education Department be approved, as submitted.
Timetable for Implementation
The 2008 Regulatory Agenda will be published in the State Register on January 2, 2008.
STATE EDUCATION DEPARTMENT
2008 REGULATORY AGENDA
Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for calendar year 2008. 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 2008 Regulatory Agenda.
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to Distinguished Educators to define eligibility, establish selection process duties, and define "reasonable and necessary" expenses.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to School Quality Review Teams and Joint School Intervention Teams to define "reasonable and necessary expenses."
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to the restructuring and reorganization of SURR schools.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to District Improvement Plans.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to superintendents' contracts.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to full-day kindergarten transition planning grants.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to pupils with limited English proficiency.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to student progress reports, school leadership and school progress report cards.
Amendment of the Commissioner’s Regulations to conform provisions relating to Educationally Related Support Services Aid and Declassification Support Aid to the Laws of 2007.
Amendment of Part 100 and Part 175 of the Commissioner’s Regulations to conform provisions relating to foundation formula aid for state aid to schools to the Laws of 2007.
Amendment of section 100.2(x) of the Commissioner's Regulations to conform the definition of "unaccompanied youth" to the federal definition as found in Subtitle B of Title VII of the federal McKinney-Vento Homeless Education Assistance Act (42 U.S.C. sections 11431 et seq.), as amended.
Amendment of section 100.2 (gg) of the Commissioner's Regulations to revise and update provisions on Violent and Disruptive Incident Reporting (VADIR).
Amendment of section 110.6 of the Commissioner's Regulations relating to aidable summer school programs.
Amendment of section 135.4(c)(7)(i)(c)(2) and (3) of the Commissioner’s Regulations relating to requirements for teacher coaches and non-teacher coaches.
Amendment of the Commissioner’s Regulations relating to the duration of student competition in interscholastic athletics.
Amendment of the Commissioner's Regulations to extend the provision that sunsets January 31, 2008 to allow those who complete the External Diploma Program to be awarded a high school equivalency diploma.
Amendment of the Commissioner’s Regulation to implement Chapter 57 of the Laws of 2007 relating to teacher tenure, annual professional performance review under section 100.2(o) and the ability to use data to improve student performance.
Amendment of the Commissioner's Regulations to conform to Chapter 670 of the Laws of 2007, regarding requiring school districts, identified by the Commissioner as having a significant number of children with asthma or others deemed appropriate, to minimize idling of school buses and other vehicles while on school grounds or in front of a school.
Amendment of the Commissioner's Regulations to conform to Chapter 181 of the Laws of 2007 ("P.J.'s Law"), by promulgating regulations requiring school bus drivers and attendants on a bus transporting children with disabilities to complete training, at least once a year, on the special needs of children with disabilities.
Amendment of Part 156 of the Commissioner's Regulations, regarding transportation, to revise and update the regulations.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above proposed amendments by contacting:
Johanna Duncan-Poitier
Senior Deputy Commissioner P-16
New York State Education Department
Office of Higher Education
89 Washington Avenue
West Wing, Second Floor Mezzanine - EB
Albany, New York 12234
(518) 474-3862
OFFICE OF HIGHER EDUCATION
Amendment of Part 30 of the Commissioner Regulations to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.
Amendment of Part 52 and Part 80 of Commissioner’s Regulations related to the requirements for teacher certification in special education.
Amendment of Section 8 NYCRR 100.2(dd) and Part 80 of Commissioner’s Regulations, relating to changes in district professional development plans to account for changes in regulations related to the certification of school leaders.
Amendment of Part 80 of Commissioner’s Regulations to establish a three-year limit for applications for teacher certification to remain active.
Amendment of Part 87 of the Commissioner's Regulations relating to oral arguments.
Amendment of Part 30 of Commissioner's Regulations to implement statutory requirements of section 3012(b) of Education Law, as added by Chapter 57 of the Laws of 2007, establishing minimum standards for tenure determinations by public schools and boards of cooperative educational services.
Amendment of Part 52, Part 57 and Part 80 of Commissioner’s Regulations to implement the statutory requirements of Chapter 143 of the Laws of 2006, related to required training for special education teachers and special education administrators in the needs of children with autism.
Amendment of Part 80 of Commissioner's Regulations to establish requirements for a certificate in educational interpreting.
Amendment of Part 80 of Commissioner's Regulations to expand the scope of practice for holders of the School District Leader certificate and to establish a transitional certificate for School District Business Leaders.
Amendment of Part 80 of Commissioner's Regulations to establish requirements for a transitional certificate in classroom teaching titles in a demonstrated shortage area.
Amendment of Part 30 to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.
Amendment of Part 80 related to the renewal of initial certificates in the classroom teaching service and the educational leadership service.
Amendment of the Commissioner's Regulations relating to eligibility for
TAP awards.
Amendment of Part 52 and Part 80 related to the requirements for teacher certification in Special Education.
Amendment of Subpart 4-2 of Regents Rules, relating to a revised fee structure for Regents Accreditation of Teacher Education (RATE).
Amendment of Part 50 of the Commissioner's Regulations to clearly define and differentiate remedial and developmental coursework from credit-bearing college coursework.
Amendment of Part 52 of the Commissioner's Regulations 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 of the Commissioner's Regulations to implement Chapter 41 of the Laws of 2007 regarding the Student Lending Accountability, Transparency and Enforcement Act (SLATE).
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Johanna Duncan-Poitier
Senior Deputy Commissioner P-16
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 of 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 of Part 17 of the Regents Rules to conform to the new three member panel law.
Amendment of Part 17 of the Regents Rules relating to the summary suspension procedure.
Amendment of Part 18 of the Regents Rules relating to the provision of services to nurses with substance abuse problems.
Amendment of Part 24 of the Regents Rules relating to the application period for the restoration of professional licenses and the submission of materials in support of such applications.
Amendment of Part 24 of the Regents Rules relating to the waiver of citizenship requirement for licensure in veterinary medicine, dentistry, dental hygiene and pharmacy.
Amendment of 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 of Part 29 of the Regents Rules relating to the packaging and dispensing of certain pharmaceuticals and electronic recordkeeping in pharmacies.
Amendment of Part 29 of the Regents Rules relating to the use of identification badges for certain professionals.
Amendment of 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 of Parts 52 and 77 of the Commissioner’s Regulations relating to the educational standards necessary for licensure in Physical Therapy.
Amendment of Part 62 of the Commissioner’s Regulations relating to admission to the examination in veterinary technology.
Amendment to Part 64 of the Regulations of the Commissioner relating to the orders required for administering immunizations.
Amendment of Subparts 69.1, 69.2 and 69.3 relating to exam timing and endorsement procedures in architecture.
Amendment of Part 70 of the Commissioner’s Regulations relating to experience requirements for licensure in Certified Public Accountancy and to competency requirements relating to the signing of financial statements.
Amendment of Subpart 74.8 of the Commissioner’s Regulations relating to grandparenting in the licensing provisions for Social Work
Amendment of Part 75 of the Commissioner’s Regulations relating to education and experience standards for speech-language pathology and audiology.
Amendment of Part 76 of the Commissioner’s Regulations relating to the supervision of occupational therapy assistants.
Amendment of Part 79 of the Commissioner’s Regulations relating to supervision, grandparenting and case narrative 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:
Frank Muñoz
Associate Commissioner
New York State Education Department
Office of the Professions
89 Washington Avenue
West Wing, Second Floor - Education Building
Albany, NY 12234
(518) 486-1765
OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Amendment to sections 200.1, 200.3, 200.4, 200.5, 200.7, 200.16 of the Commissioner’s Regulations relating to definitions, committee on special education member attendance, referrals and requests for referral for an individual evaluation, amendments to the individualized education program (IEP), reevaluation, State complaints, mediation, multidisciplinary team member attendance, referral of preschool students suspected of having a disability and provision of services for preschool students with disabilities as are required to conform to Chapter 378 of the Laws of 2007.
Amendment to sections 200.2(d), and 200.6(i), 200.7 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 private school.
Amendment to section 200.3 of the Commissioner’s Regulations relating to the qualifications of the chairperson of the committee on special education.
Amendment to section 200.4 and 200.16 of the Commissioner's Regulations to revise the timelines for individual evaluations, IEP development and IEP implementation.
Amendment to section 200.7 of the Commissioner’s Regulations relating to the approval process for private schools for reimbursement with public funds and the use of rewards and incentives by private schools and State-operated and State-supported schools.
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 parentally placed in nonpublic schools, including child find, evaluations, services, expenditure of federal funds and due process. Amendment to the Commissioner’s Regulations relating to the establishment of a dispute resolution mechanism, as required by section 3602-c of Education Law, that will be available to a school district of residence where such district disagrees with the amount of tuition or costs charged by the school district of location for students attending 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
OFFICE OF CULTURAL EDUCATION
Amendments to Part 188 of the Commissioner's Regulations relating to State Agency Records Management to update and correct various requirements affecting the management of records, including revising technical language and updating the list of State agencies paying annual fixed fees for records management services.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Christine Ward
Assistant Commissioner for the State Archives
9A49 Cultural Education Center
Albany, NY 12230
(518) 473-7091
Amendment of Part 90 of the Commissioner’s Regulations relating to the 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
Room 10C34
Albany, NY 12230
(518) 474-5930
OFFICE OF MANAGEMENT SERVICES
Amendment of 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 of 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 of 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 of 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 of 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
OFFICE OF STATE REVIEW
Amendment to section 279.1 relating to the incorporation and clarification of definitions and other provisions as relevant to state-level review of hearings for students with disabilities that are currently referenced in parts 275 and 276; deletion of references to parts 275 and 276; clarification of the jurisdiction of a state review officer; clarification of the authority of a state review officer to review manifestation determinations; updating cross references to statutory provision (s) for state-level review of hearings for students with disabilities.
Amendment to section 279.2 relating to timelines for serving and filing a Notice of Intention to Seek Review, Petition for Review, and memorandum of law; clarification of purpose of Notice of Intention to Seek review; clarification that parent must be personally served by a petitioning district; clarification of timeframe in which to file and serve pleadings and memorandum of law upon another party; and addition of a notice of certification requirement.
Amendment to section 279.3 relating to change of address for filing 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; clarify sufficiency of content and time in which to serve and file the petition for review and memorandum of law with the Office of State Review; and add disclosure of whether a related action or proceeding is pending in another forum.
Amendment to section 279.5 relating to filing and serving an answer and supporting papers with the Office of State Review
Amendment to section 279.6 relating to new matters raised in an answer and the timeframe in which to serve and file a reply.
Amendment to section 279.7 relating to failure to properly verify a pleading.
Amendment to section 279.8 relating to the table of authorities, revisions to form requirements and non-compliance with form requirements; clarification regarding practices that circumvent page limitations for pleadings; revision of page limitations of an answer that includes a cross appeal, clarification of the requirement that pleadings be signed consistent with 22 NYCRR 130-1.1a(a); and submission of electronic copies of pleadings and memoranda of law.
Amendment to section 279.9 relating to content of record; electronic filing of record; certification of record and clarification that 279.9 (b) refers to complete record.
Amendment to section 279.10 relating to extensions of time to answer, reply or cross appeal; establish length of extensions permitted; submission of additional evidence; clarification of language regarding interim determinations; and updating a cross reference to section 200.5.
Amendment to section 279.11 relating to calculating date of mailing and type of mail.
Amendment to section 279.12 relating to parties receiving copies of state review officer decisions.
Amendment to section 279.13 relating to service of petition for review; clarification of effect of agreements to extend the time in which to initiate a review.
Addition of 279.14 authorizing the Office of State Review to return impartial hearing records to a local educational agency if a petition for review is withdrawn or is not perfected.
Addition of 279.15 relating to clarification of jurisdiction of a state review officer.
Addition of 279.16 relating to dismissal or rejection of a petition, other pleading or memorandum of law for failure to conform with the requirements of part 279, lack of jurisdiction, or vagueness of a paper filed with the Office of State Review.
Addition of 279.17 relating to authority of a state review officer to review a manifestation determination.
Addition of 279.18 relating to authority of a state review officer to refer matters involving enforcement or compliance with parts 200, 201, and 279 to the Office of Vocational and Educational Services for Individuals with Disabilities.
Addition of 279.19 relating to the right of a party to seek judicial review.
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