Meeting of the Board of Regents | June 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: |
June 2007 Regulatory Agenda
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DATE: |
June 13, 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 June 2007 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 2007 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during the remainder of 2007, 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 2007 Regulatory Agenda for the State Education Department be approved, as submitted.
Timetable for Implementation
The June 2007 Regulatory Agenda will be published in the State Register on June 27, 2007.
STATE EDUCATION DEPARTMENT
JUNE 2007 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 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 June 2007 Regulatory Agenda.
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Amendment of 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 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 Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to the restructuring and reorganization of SURR schools.
Amendment of Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to District Improvement Plans.
Amendment of Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to superintendents' contracts.
Amendment of Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to the Excelsior Scholars Program and grants for summer institutes for math and science.
Amendment of Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to full-day kindergarten transition planning grants.
Amendment of Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to pupils with limited English proficiency.
Amendment of Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to maintenance of effort by the Big 4 city school districts.
Amendment of Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to conducting hearings and complaint procedures regarding charter schools.
Amendment of 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 Commissioner’s Regulations to conform provisions relating to Educationally Related Support Services Aid and Declassification Support Aid to the Laws of 2007.
Amendment of Commissioner’s Regulations to conform provisions relating to foundation formula aid for state aid to schools to the Laws of 2007.
Amendment of 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 Commissioner’s Regulations relating to the course requirements for teacher coaches and non-teacher coaches.
Amendment of Commissioner’s Regulations relating to the duration of student competition in interscholastic athletics.
Amendment of section 100.3 of the Commissioner's Regulations relating to program requirements for prekindergarten and kindergarten.
Amendment of Part 117 of the Laws of 2007 relating to diagnostic screening.
Amendment of section 110.6 of the Commissioner's Regulations relating to aidable summer school programs.
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 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 of Part 52 to provide for waivers of certain regulations in declared emergencies.
Amendment of Part 80 of the Commissioner’s Regulations, to establish a three-year limit for applications for teacher certification to remain active.
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 80 of Commissioner’s Regulations to correct errors, provide clarity, and make other minor technical adjustments.
Amendment of 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 of Part 50 of the Commissioner' 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 Part 52 of the Commissioner's Regulations 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 section 100.2(dd) and Part 80 of the Commissioner's Regulations, relating to changes in the district professional development plan to account for changes in regulations related to the certification of school leaders.
Addition of section 150.4 of the Commissioner's Regulations relating to State aid for high needs nursing programs at certain independent colleges and universities.
Addition of section 145-2.15 of the Commissioner's Regulations relating to the independent administration of certain ability-to-benefit tests approved by the Board of Regents for purposes of eligibility for State aid awards and loans.
Amendment of the Commissioner's Regulations relating to eligibility for accelerated TAP awards.
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 31 of the Regents Rules relating to the prohibition against illegal practice.
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 Part 62 of the Commissioner’s Regulations relating to admission to the examination in veterinary technology.
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 Part 74 of the Commissioner’s Regulations relating to supervision, grandparenting, and admission to the licensing examination in 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 of 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, criteria for the determination of learning disabilities, the 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 are required to conform to the federal regulations implementing the Individuals with Disabilities Education Act (IDEA) of 2004.
Amendment of section 100.2 of the Commissioner’s Regulations relating to a definition and minimal requirements for a response-to-intervention program.
Amendment of 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 of 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 of section 200.4 of the Commissioner’s Regulations to revise the timelines for individual evaluations, IEP development and IEP implementation.
Amendment of sections 200.4 and 200.5 of the Commissioner’s Regulations to mandate the format for prior written notice, CSE meeting notice and the IEP.
Amendment of section 200.5 of the Commissioner’s Regulations relating to the impartial hearing process.
Amendment of section 200.6 of the Commissioner’s Regulations relating to revise the minimum levels of services for resource room and consultant teacher services and add a definition of an integrated co-teaching class for students with disabilities.
Amendment of section 200.7 of the Commissioner’s Regulations relating to the approval process for private schools for reimbursement with public funds.
Amendment of section 200.9 of the Commissioner’s Regulations relating to rate-setting and tuition rates for approved programs for students with disabilities.
Amendment of section 200.16 of the Commissioner’s Regulations relating to the required time to complete the individual evaluation of a preschool student suspected of having a disability, provision of services for preschool students transitioning from early intervention programs and due process procedures for preschool students.
Amendment of 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 of 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
Amendment of 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 use of those locally-developed schedules is obtained.
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 of Part 90 of the Commissioner’s Regulations relating to library and library system programs and services.
Amendment of section 90.12 of the Commissioner Regulations relating to State aid for public library construction.
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, New York 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 of section 279.1 of the Commissioner's Regulations relating to cross reference to statutory provisions for state-level review of hearings for students with disabilities.
Amendment of section 279.2 of the Commissioner's Regulations 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 of section 279.3 of the Commissioner's Regulations pertaining to change of filing address and where copies of regulations may be obtained.
Amendment of section 279.4 of the Commissioner's Regulations 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 of section 279.6 of the Commissioner's Regulations relating to new matters raised in answer.
Amendment of section 279.7 of the Commissioner's Regulations relating to failure to properly verify a pleading.
Amendment of section to 279.8 of the Commissioner's Regulations 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 of 279.9 of the Commissioner's Regulations relating to content of record; electronic filing of record; certification of record and clarification that section 279.9(b) refers to complete record.
Amendment of section 279.10 of the Commissioner's Regulations pertaining to extensions of time to answer or reply; length of extensions permitted; additional evidence; and to update cross reference to 200.5.
Amendment of section 279.11 of the Commissioner's Regulations pertaining to calculating date of mailing and type of mail.
Amendment of section 279.12 of the Commissioner's Regulations relating to parties receiving copies of state review officer’s decisions.
Amendment of section 279.13 of the Commissioner's Regulations relating to service of petition for review.
Addition of section 279.14 of the Commissioner's Regulations allowing OSR to return hearing records to LEA when a petition for review is withdrawn or not perfected.
Addition of section 279.15 of the Commissioner's Regulations relating to scope of jurisdiction.
Addition of section 279.16 of the Commissioner's Regulations relating to right to judicial review.
Addition of section 279.17 of the Commissioner's Regulations relating to dismissal of any petition or other pleading, or memorandum for failure to conform with the requirements of Part 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