STATE EDUCATION DEPARTMENT

2005 REGULATORY AGENDA

            Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for the calendar year 2005.  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 2005 Regulatory Agenda.

OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

            Amendment to section 100.2(p) of the Commissioner's Regulations relating to the definition of annual high school and high school alternative cohorts.

Amendment to Part 100 of the Commissioner's Regulations relating to the State learning standards for mathematics.

Amendment to Part 100 of the Commissioner's Regulations relating to general education requirements for middle-level education and schools with middle-level grades to implement Regents policy.

Amendment to Section 114.3 of the Commissioner's Regulations relating to the bidding exemption for direct purchasing for a school food service program.

Amendment to Part 100 of the Commissioner's Regulations relating to diploma and graduation requirements to implement Regents policy.

Amendment to Section 100.2 of the Commissioner's Regulations to align the regulations with amendments to the State's No Child Left Behind accountability plan and to reflect implementation of the grades 3-8 annual testing in English language arts and mathematics.

Amendment to Section 100.2 (gg) of the Commissioner's Regulations to create more specific categories of violent incidents for the Uniform Violent Incident Reporting System and to establish clearer definitions within those categories.

Amendment to Section 104 of the Commissioner's Regulations relating to pupil attendance and the reporting of truancy rates as required under the No Child Left Behind Act.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above proposed amendments by contacting:

James A. Kadamus

Deputy Commissioner

New York State Education Department

Office of Elementary, Middle, Secondary and Continuing Education

Room 875 EBA

Albany, New York 12234

(518) 474-5915

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(x) of the Commissioner's Regulations relating to procedures for appeals involving homeless children brought 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

Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs

New York State Education Department

State Education Building, Room 148

Albany, New York 12234

(518) 474-6400

legal@mail.nysed.gov

OFFICE OF HIGHER EDUCATION

Amendment to Part 30 of Commissioner’s Regulations to align Part 30 tenure areas with the Part 80 certificate titles.

Amendment to Part 80-3 of Commissioner’s Regulations relating to the preparation, certification and assessment requirements for school leaders.

Amendment to Part 80-1.7 of Commissioner’s Regulations to extend an option to renew a lapsed provisional certificate for administrative and support personnel.

Amendment to Part 80 of Commissioner’s Regulations relating to Pupil Personnel Service certification.

Amendment to Part 80-3 of Commissioner’s Regulations to establish certification requirements for school educational interpreters.

Amendment to Part 80-5.12 of Commissioner’s Regulations to extend authority for districts to apply for experiment in organization for middle school after February 1, 2004.

Amendment to Part 80-3.10 of Commissioner’s Regulations to provide an expedited pathway for licensed psychologists to acquire certification as school psychologists plus access to bilingual extension.

Amendment to Part 87 of Commissioner’s Regulations relating to oral arguments.

Amendment to part 80-5.6 of Commissioner’s Regulations relating to the duration of the Teaching Assistant- Level 1 certificate.

Amendment to Part 80-2.3 of Commissioner’s Regulations relating to School Social Worker certification.

Amendment to Part 126 of Commissioner’s Regulations to formally set forth the five tenths of one percent gross tuition assessment for ESL schools, assigning three tenths of that one percent of that one percent to the Tuition Reimbursement Account (TRA) and the remaining two tenths to the Bureau of Proprietary School Supervision; set forth different assessment calculations for ESL schools which operated prior to certification as opposed to those that did not; and clarify the assessment calculations for new private schools, business schools, and computer training facilities that did not operate prior to licensure/registration.

Amendment to Part 52 relating to the certification examination requirement for program completion. 

Agency Representative

Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:

Johanna Duncan-Poitier

Deputy Commissioner

Office of Higher Education and Office of the Professions

New York State Education Department

West Wing, Second Floor Mezzanine

Albany, New York 12234

(518) 474-3862

OFFICE OF PROFESSIONAL EDUCATION

Amendment to section 3.57(b) of the Rules of the Board of Regents, conferring the Doctor of Medicine degree, to eliminate the requirement of three years of licensed practice.

             Amendment to Part 17 of the Rules of the Board of Regents to conform to the new three member panel law.

            Amendment to Part 18 of the Rules of the Board of Regents relating to the provision of services to nurses with substance abuse problems.

            Amendment to Part 24 of the Rules of the Board of Regents relating to the application period for the restoration of professional licenses.

            Amendment to Part 24 of the Rules of the Board of Regents relating to the waiver of citizenship requirement for licensure in veterinary medicine, dentistry, dental hygiene and pharmacy. 

Amendment to Part 28 of the Rules of the Board of Regents relating to the determination of good moral character to streamline current procedures and processes.

Amendment to Part 29 of the Rules of the Board of Regents relating to misconduct rules for newly created professionals.

Amendment to Part 29 of the Rules of the Board of Regents relating to the packaging and dispensing of certain pharmaceuticals

Amendment to Part 29 of the Rules of the Board of Regents and Part 70 of the Commissioner’s Regulations relating to unprofessional conduct with respect to experience and endorsement requirements

Amendment to Part 31 of the Rules of the Board of Regents relating to the prohibition against illegal practice.

Amendment to Part 52 of the Commissioner’s Regulations relating to the qualifications of licensure qualifying programs.

Amendment to Part 59 of the Commissioner's Regulations relating to the general licensing provisions for the professions.

Amendment to Part 64 of the Commissioner's Regulations relating to the provision of services by nurse practitioners (elimination of alternate criteria for nurse practitioners).

Amendment to Part 70 of the Commissioner's Regulations relating to auditor independence and practice quality controls in 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 the implementation of the newly created professions of Licensed Master Social Worker, Licensed Clinical Social Worker, Licensed Marriage and Family Therapist, Licensed Mental Health Counselor, Licensed Psychoanalyst and Licensed Creative Arts Therapist.

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 78 of the Commissioner's Regulations relating to licensure by endorsement in the profession of massage therapy.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above-proposed amendments 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, NY 12234

(518) 474-3862

OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

            Amendment to Part 101 of the Commissioner’s Regulations to repeal exemptions from attendance for students with disabilities.

            Amendment to section 200.3 of the Commissioner’s Regulations, relating to the additional parent member on the Committee on Special Education to conform to Chapter 194 of the Laws of 2004.

            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 Individuals with Disabilities Education Act.

Amendment to sections 200.1 and 200.6(d) through (h) of the Commissioner’s Regulations, relating to special classes, transitional support services and minimum levels of service for resource room, consultant teacher and speech and language therapy. 

Amendment to sections 200.2(d), and 200.6(i) 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 section 4410.2 of the Education Law.

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 200.7(a)(2)(i) and (ii) of the Commissioner’s Regulations, relating to the approval process for the private schools for reimbursement with public funds, eliminating conditional approval and revising the site visit requirements.

Amendment to section 200.21 of the Commissioner’s Regulations, relating to impartial hearing officer compensation rates.

Amendment to Part 200 of the Commissioner’s Regulations to add a new section 200.22, relating to State monitoring, enforcement and technical assistance to school districts.

            Amendment to Part 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.

Agency representative:

Information may be obtained, and written comments may be submitted, concerning any of 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

Amendment to sections 3.27 and 3.30 of the Rules of the Board of Regents, relating to the chartering and registration of museums and historical societies, to clarify the standards that museums and historical societies must meet to obtain an absolute charter; provide that all-volunteer-run historical societies without a collection may be incorporated by the Regents rather than chartered; provide a process every five years to certify that institutions holding an absolute charter continue to meet Regents standards; and provide a peer review process in which institutions are visited, advised and assisted by qualified professionals from neighboring institutions.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above-proposed amendments by contacting:

Clifford A. Siegfried, Assistant Commissioner and Director

New York State Museum

Room 3140 Cultural Education Center

Albany, NY 12230

Phone (518) 474-5812

Amendment 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, authorizing the disposition of paper original or micrographic copies of records having a retention period of 10 years or more when those records are replaced by digitized images, and authorizing local governments to use locally-developed retention and disposition schedules in lieu of or in conjunction with schedules issued by the Commissioner provided that the consent of the Commissioner is obtained.

            Amendment to section 188.21 of the Commissioner's Regulations relating to fees for records management services to State agencies, to make necessary changes and updates to the list of annual fixed fees paid by State agencies and to the charges for storage of records in the records center facility operated by the State Archives.

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

State Archives

Room 9C35

Cultural Education Center

Empire State Plaza

Albany, New York 12230

(518) 474-6926

            Amendment to Part 90 of the Commissioner’s Regulations relating to 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

New York State Library, Room 10C34

Empire State Plaza

Albany, New York 12230

(518) 474-5930

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

State Education Building, Room 121

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

New York State Education Department

State Education Building, Room 139

Albany, New York 12234

(518) 486-2422

NOTICE OF REVIEW OF EXISTING RULES PURSUANT TO STATE ADMINISTRATIVE PROCEDURE ACT SECTION 207 (Calendar Year 2000)

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 2000 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 21.2(a) of the Regents Rules - definition of "textbook"

Description of Rule:  the regulation provides a definition of Textbook for purposes of the New York State Textbook Loan Program and Textbook Aid and clarifies that certain materials in electronic format qualify for this program and aid. 

Need for Rule:  the regulation is necessary to implement Chapter 405 of the Laws of 1999, and ensures that that there is a definition of qualifying courseware and other content-based instructional materials in an electronic format for purposes of Textbook aid.

Legal Basis for Rule:  Education Law sections 207 and 701(2) and section 8 of Chapter 405 of the Laws of 1999.

Section 100.2(ff) of the Commissioner's Regulations - education and employment discharge planning for youth released from residential care of other State agencies

Description of Rule:  the regulation requires that boards of education ensure the prompt enrollment and admittance to attendance of youths released or conditionally released from residential facilities operated by or under contract with the Office of Children and Family Services, the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities or a local department of social services, and that school district personnel cooperate with such facilities and agencies in facilitating such prompt enrollment.

Need for Rule:  the regulation is necessary to implement the requirements of section 21 of Chapter 181 of the Laws of 2000, Safe Schools Against Violence Act (SAVE).

Legal Basis for Rule:  Education Law sections 101, 207, 305(1) and (2), 112(1).

Section 100.2(c) of the Commissioner's Regulations - instruction in false reporting of crimes

Description of Rule:  the regulation requires that instruction in fire and arson prevention include materials to educate children on the dangers of falsely reporting a criminal incident or impending explosion or fire emergency involving danger to life or property or impending catastrophe.

Need for Rule:  the regulation is necessary to implement Chapter 207 of the Laws of 1999.

Legal Basis for Rule:  Education Law sections 207 and 808(1) and Chapter 207 of the Laws of 1999.

Section 100.2(l) of the Commissioner's Regulations - school district code of conduct relating to Safe Schools Against Violence in Education Act

Description of Rule:  the regulation requires school districts and BOCES to adopt  codes of conduct for the maintenance of order on school property and at school functions, which govern the conduct of students, teachers and other school personnel as well as visitors.

Need for Rule:  the regulation is necessary to implement sections 2 and 3 of Chapter 181 of the Laws of 2000, the Safe Schools Against Violence in Education Act (SAVE).

Legal Basis for Rule:  Education Law sections 101, 207, 305(1) and (2), 2801(1) through (5) and 3214(3) and (3-a).

Sections 100.2, 100.3, 100.4 and 100.5 of the Commissioner's Regulations - technical changes to State Learning Standards, State Assessments and New Graduation and Diploma Requirements

Description of Rule:  State learning standards, State assessments and graduation and diploma requirements.

Need for Rule:  the regulation is necessary in that it corrected technical errors in citation of certain sections of the regulations and reinstated certain original language that was incorrectly stated or inadvertently revised in the amendments adopted by the Board of Regents in July 1999.

Legal Basis for Rule:  Education Law sections 101, 207, 208, 209, 305(1) and (2), 308 and 309

Sections 100.2(m) and (p) and 100.7(h) and (i) of the Commissioner's Regulations - registration of public schools and school accountability performance criteria

Description of Rule:  sections 100.2(m) and (p) and 100.7(h) and (i) of the Commissioner's Regulations establish criteria for school accountability; enable the Commissioner to designate school performance on State assessments on three levels; establish adequate yearly progress targets for schools and require improvement plans for schools that fail to make adequate programs; and use a cohort measure for high school accountability. 

Need for Rule:  the regulation is necessary to implement Regents policy and establishes school accountability criteria, designating schools as farthest from, below, or meeting school accountability performance criteria, consistent with policy adopted by the Board of Regents to ensure that all students in public schools have the skills, knowledge and understanding they need to succeed in the next century.  The regulations were amended in July 2003 to align the State's System of Accountability for Student Success with the federal No Child Left Behind accountability requirements.

Legal Basis for Rule:  Education Law sections 101, 207, 210, 215, 305(1), (2) and (20), 308, 309, 3204(2) and (2-9) and 4403(3)

Section 100.3(b)(2) of the Commissioner's Regulations - State Assessment requirements for students in grades pre-kindergarten through sixth

Description of Rule:  section 100.3(b)(2) of the Commissioner's Regulations changes the date from November 2000 to November 2001 for administration in grade 5 of the new State elementary assessment in social studies and requires school districts to retest fifth grade students who scored at Level 1 of the State designated performance level on the English language arts and/or mathematics elementary level assessments administered in grade 4.  Such students must receive at least one semester of academic intervention services and be retested using multiple sources of evidence, including, but not limited to, a commercial test or other external test determined by the school district to be a valid and reliable means of evaluating a student's progress in achieving the elementary level State learning standards in these subjects. 

Need for Rule:  the regulation is necessary to implement Regents policy to change the date for administration of the new State elementary assessment in social studies and to require school districts to retest fifth grade students who scored at Level 1 of the State designated performance level on the English language arts and/or mathematics elementary assessments administered in grade 4.

Legal Basis for Rule:  Education Law sections 207, 208, 209, 305(1) and (2), 308, 309 and 3204(3)

Section 100.11 of the Commissioner's Regulations - school-based planning and shared decision-making in the NYC School District

Description of Rule:  the regulation establishes standards for school-based planning and shared decision-making in the City School District of the City of New York. 

Need for Rule:  the regulation is necessary to align section 100.11 of the Commissioner's Regulations with the New York City governance system, as provided in Chapter 720 of the Laws of 1997, by providing for the exercise by community school district superintendents of certain functions relating to school-based planning and shared decision-making.  The regulation insures that each community school district in the New York City school district will operate with a single, consistent school-based planning and shared decision-making plan.

Legal Basis for Rule:  Education Law sections 101, 207, 215, 305(1) and (2), 308, 309, 2590-e(1) and (3), 2590-f(1) and (2) and 2590-h(15).

Section 119.3 of the Commissioner's Regulations - charter school report card

Description of Rule:  the regulation specifies the academic and performance data items for charter school report cards.  The regulation requires each charter school to submit an annual report by August 1 of each year for the preceding school year, one component of which is a charter school report card that includes measures of the school's comparative academic and fiscal performance.

Need for Rule:  the regulation is necessary to implement Chapter 4 of the Laws of 1998.

Legal Basis for Rule:  Education Law sections 207 and 2857(2) and Chapter 4 of the Laws of 1998.

Sections 151-1.4 and 151-1.8 of the Commissioner's Regulations - Universal Pre-Kindergarten Program

Description of Rule:  the regulation establishes standards for the implementation of summer programs as part of the Universal Prekindergarten Program

Need for Rule:  the regulation is necessary to comply with Chapter 405 of the Laws of 1999 to provide the option of a summer program when a school district is unable to operate a Universal Prekindergarten program during the regular school session.

Legal Basis for Rule:  Education Law sections 101, 207, 3602-e(12) and section 39 of Part L of Chapter 405 of the Laws of 1999

Section 155.2 of the Commissioner's Regulations - school district construction plans and specifications

Description of Rule:  the regulation requires the submittal of only one set of plans and specifications to the Office of Facilities Planning for review and approval pursuant to Education Law section 408. 

Need for Rule:  the amendment reduces duplicative documentation requirements and thereby streamlines the review process in the Office of Facilities Planning and provides mandate relief to school districts.

Legal Basis for Rule:  Education Law sections 101, 207, 305(1), (2) and (19) and 408(1), (2) and (3).

Section 155.9 of the Commissioner's Regulations - State Environmental Quality Review and  school district capital construction projects

Description of Rule:  the regulation removed the State Education Department as the lead agency for purposes of the State Environmental Quality Review (SEQR) process.

Need for Rule:  the responsibility for thorough environmental investigations and review more appropriately lies with the local governmental authority proposing a specific project, since that authority is directly familiar with the proposed site and its surroundings, and has a greater knowledge for the potential impact that may result from the project.

Legal Basis for Rule:  Education Law sections 101, 207, 305(1), (2) and (19), 408(3) and 1950(4)(t) and Environmental Conservation Law sections 8-0113(3) and 8-0117(5).

Section 155.17 of the Commissioner's Regulations - school safety plans

Description of Rule:  the regulation requires school districts to adopt district-wide school safety plans and building-level school safety plans.

Need for Rule:  the regulation is necessary to implement Chapter 181 of the Laws of 2000 to improve school safety.

Legal Basis for Rule:  Education Law sections 101, 207, 305(1) and (2) and  2801-a.

Section 155.22 of the Commissioner's Regulations - Qualified Zone Academy Bonds

Description of Rule:  the regulation establishes the process by which local educational agencies gain access to a federal tax credit program concerning Qualified Zone Academy Bonds.

Need for Rule:  the regulation is needed to establish the process for allocation of the State's qualified zone academy bond limitation amount pursuant to 26 USC section 1397E.

Legal Basis for Rule:  Education Law sections 101, 207, 305(1) and (2) and 26 USC section 1397E.

Section 170.11 of the Commissioner's Regulations - school property tax report cards

Description of Rule:  the regulation establishes procedures for the preparation of school property tax report cards.  The regulation requires school districts to prepare an annual school tax report card and specified the format for the content, describes how it must be made available to the public and specifies when school districts must submit their school property tax report cards to the State Education Department.

Need for Rule:  the regulation is necessary implement Chapter 405 of the Laws of 1999 and to make the calculation used for purposes of the display of the difference of Consumer Price Indexes consistent with the calculation used for the six-day budget notice and the calculation of the contingency budget cap.

Legal Basis for Rule:  Education Law sections 207, 1608(7) and 1716(7) and sections 10-a and 10-b of Part L of Chapter 405 of the Laws of 1999.

Section 175.5 of the Commissioner's Regulations - use of Superintendent's conference days

Description of Rule:  the regulation specifies the use of superintendent's conference days by public school districts and boards of cooperative educational services to satisfy a deficiency in the length of public school sessions for the instruction of pupils and to advance the implementation of standards and assessments.

Need for Rule:  the regulation is necessary to implement section 44 of Chapter 405 of the Laws of 1999.  The regulation ensures that a definition of qualifying staff development activities and the acceptable scheduling of such activities is available to determine the number of regularly scheduled days of session and days of authorized superintendents' conferences for purposes of State aid.

Legal Basis for Rule:  Education Law sections 207 and 3604(8) and section 44 of Chapter 405 of the Laws of 1999.

Section 175.42 of the Commissioner's Regulations - aid to partitioned school districts

Description of Rule:  the regulation provides a method of apportioning aid to school districts in the first year of reorganization, where a school district was partitioned pursuant to Education Law section 2818 after July 1st of the school year.

Need for Rule:  the regulation is necessary to implement Chapter 405 of the Laws of 1999.

Legal Basis for Rule:  Education Law sections 207 and 3602-f(5) and section 83-a of Part L of Chapter 405 of the Laws of 1999.

Section 175.44 of the Commissioner's Regulations - partial full day kindergarten conversion aid

Description of Rule:  the regulation establishes standards for the receipt of full day kindergarten conversion aid by school districts that are converting to full day kindergarten but which are unable, due to limiting and extenuating circumstances, to serve all children who wish to attend a full day program. 

Need for Rule:  the regulation implements Education Law section 3602(12-a), as amended by section 12 of Part A of Chapter 60 of the Laws of 2000.

Legal Basis for Rule:  Education Law sections 101, 207 and 3602(12-a) and section 12 of Part A of Chapter 60 of the Laws of 2000.

Part 57 and section 100.2(dd) of the Commissioner's Regulations - approval of providers of coursework and training in school violence prevention and intervention

Description of Rule:  the regulation establishes standards for approval of providers of course work or training in school violence prevention and intervention that is offered to candidates for a teachers' certificate of license in classroom teaching service, school service or administrative and supervisory service.

Need for Rule:  the regulation is necessary to implement section 9 of Chapter 181 of the Laws of 2000, Safe Schools Against Violence in Education Act (SAVE).

Legal Basis for Rule:  Education Law sections 101, 207, 305(1) and (2) and 3004(3).

OFFICE OF HIGHER EDUCATION

Section 52.21 of the Commissioner's Regulations - teacher education programs

Description of Rule:  the regulation made technical corrections to requirements for teacher education programs.

Need for Rule:  the regulation clarifies, corrects omissions in, and makes technical corrections to the requirements for teacher education programs adopted by the Board of Regents in September 1999 and makes the requirements more responsive to school staffing needs, while preserving the standards for preparing effective classroom teachers.

Legal Basis for Rule:  Education Law sections 207, 210, 215, 305(1) and 3004(1)

Sections 52.21, 80-1.1, 80-3.4, 80-3.5, 80-5.13 and 80-5.14 - alternative teacher certification program

Description of Rule:  the regulation defines alternative teacher certification requirements leading to the transitional B certificate and the provisional or initial certificate for all titles in the classroom teaching service; specifies the requirements for registration of such alternative teacher certification programs, and renames the transitional certificate for career changes and others holding a graduate academic or graduate academic or professional degree as the transitional C certificate and the transitional certificate for teaching a specific career and technical subject as the transitional A certificate.

Need for Rule:  the regulation provides an alternative method for teacher candidates to obtain a provisional or initial teaching certificate and provides a means to alleviate teacher shortages in the public schools.

Legal Basis for Rule:  Education Law sections 207, 210, 215, 305(1), (2) and (7), 3004(1) and 3006(1)

Sections 52.21, 80-1.4, 80-3.5 and 80-5.14 of the Commissioner's Regulations - requirements for teacher certification and teacher education programs concerning school violence prevention and intervention

Description of Rule:  the regulation requires applicants for teaching certificates and licenses to have obtained at least two clock hours of course work or training in school violence prevention and intervention and to require registered teacher education programs to include such course work or training. 

Need for Rule:  the regulation is needed to implement the requirements of Education Law section 3004(3), as amended by Chapter 181 of the Laws of 2000, part of the Safe Schools Against Violence in Education Act (SAVE).

Legal Basis for Rule:  Education Law sections 207, 210, 305(1), and 3004(1) and (3).

Sections 80.2, 80.6, 80.7, 80.8, 80.10, 80.15 and 80.16 of the Commissioner's Regulations - requirements for provisional teacher certification

Description of Rule:  the regulation permits an out-of-state certified teacher to obtain a conditional provisional certificate to teach in New York State for two years.  

Need for Rule:  the regulation alleviates personnel shortages in New York State public schools by removing barriers for teachers who are certified to teach in other states to become provisionally certified to teach in New York State public schools.  The opportunity to obtain provisional certificate sunset upon implementation of the reorganized Part 80 of the Commissioner's Regulations which established new certificate types and titles for classroom teachers, effective February 2, 2004.  The Board of Regents subsequently adopted a new section 80-5.17 to provide a similar opportunity for appropriately certified teachers from other states to obtain a conditional initial certificate in the classroom teaching service to provide instruction in the public schools of New York.  Holders of conditional initial certificates must take and pass all necessary certification examinations within two years of the issuance of such certificates.

Legal Basis for Rule:  Education Law sections 305(1), (2) and (7), 3004(1), 3006(1), 3007(1) and 3030(1)

Part 80 and 100.2(dd) - requirements for teachers' certificates, teaching practice and professional development for teachers

Description of Rule:  the regulation revised the certification requirements for the classroom teaching services and for teaching assistants, revamped certification titles, established professional development requirements for teachers and teaching assistants, and required school districts and BOCES to report and maintain records on professional development. 

Need for Rule:  these amendments are essential components in the implementation of the systemic teaching reforms embodied in the Task Force on Teaching’s 1998 report New York’s Commitment: Teaching to Higher Standards that was subsequently adopted as the policy of the State of New York by the Board of Regents.  The requirements for the certification of classroom teachers has been recast to implement the Regents’ policy and to conform to previous changes in section 52.21 of the Commissioner’s Regulations on the registration of teacher education programs enacted in 1999. The standards embodied in these amendments provide essential direction to implement the sweeping teaching reforms recommended by the Task Force on Teaching and adopted by the Board of Regents in 1998.

Legal Basis for Rule:  Education Law sections 101, 207, 215, 305(1), 3003(1), 3004(1), 3006(1)(b) and 3604(8)

Sections 83.4, 83.5 and 83.6 of the Commissioner's Regulations - penalties in moral character proceedings for certified teachers

Description of Rule:  the regulation conforms the penalties available in moral character proceedings against an individual holding a teaching certificate with penalties established in statute.

Need for Rule:  the regulation is necessary to implement section 12 of Chapter 181 of the Laws of 2000, the Safe Schools Against Violence in Education Act (SAVE).

Legal Basis for Rule:  Education Law sections 207 and 305(7) and section 12 of Chapter 181 of the Laws of 2000.

Section 85.2 of the Commissioner's Regulations - Mentor Teacher-Internship Programs

Description of Rule:  the regulation permits a school district or board of cooperative educational services seeking a variance allowing an evaluative role for mentors to be eligible for funding of a Mentor Teacher-Internship program, provided that the terms of the applicable collective bargaining agreement prescribe such activity.

Need for Rule:  the regulation ensures that all qualified school districts and BOCES are given the opportunity to obtain funding for a mentoring program. Prior to this amendment, section 85.2 (d)(1) allowed a waiver to the clause calling for a non-evaluative role for mentors supported through mentor teacher internship programs defined in this section and Chapter 207 of the Laws of 1986 if such a role for mentors was described in an existing teachers’ contract, but this provision lapsed on June 30, 1990.  With renewed funding for this program by the NYS Legislation in 1997-98 and again in 2000 (and continuously thereafter), it is necessary to amend this section to continue this allowance in order not to exclude worthy projects which have existing teachers’ contracts calling for evaluative roles for district mentor teachers.

Legal Basis for Rule:  Education Law sections 207 and 3033(1) and (2).

Part 126 of the Commissioner's Regulations - requirements for licensed private schools and registered business schools/computer training facilities

Description of Rule:  the regulation established requirements for licensed private schools and registered business schools/computer training facilities.  The distinction between the terms diploma and certificate were eliminated.  Previously, only students completing a program requiring high school graduation or its equivalent could receive diplomas.  The maximum fee was changed from $50 to $100 or 10% of the tuition cost, whichever is less.  The curriculum evaluation fees for evaluation by experts outside SED staff were increased. Rather than requiring prior approval of a school catalog as had been past practice, a school may opt to submit an attestation that the catalog meets all of the requirements set forth in the regulations.  The school is still responsible for meeting all of the catalog requirements set forth in regulations.  Full Licenses for teachers and directors replaced Permanent Licenses.  Administrative/Educational and Instructional Competence was added to the teacher and/or director qualifications for licensure.   The definition of significant educational change was revised to bring it more in line with the actual operation of non-degree granting proprietary schools that seldom operate on the strict calendar terms, semesters, or quarters used by degree granting schools.  Nationally recognized vendor approved curricula and teachers were included as a recognized process in order to adhere to new statute enacted August 31, 1999.  Computer Training Facilities were made a separate category of schools as such were established by new statute enacted August 31, 1999.  A Licensure Symbol for schools registered or licensed as non-degree granting proprietary schools was established and required in compliance with new statute enacted August 31, 1999. 

Need for Rule:  the regulation is necessary to implement Chapter 434 of the Laws of 1999.  Changes in the teacher and director licensure requirements were needed to reflect changes in the industry and to mirror changes in personnel licensure requirements in the public school sector.  The last change to personnel licensure regulations had been made six years prior (July 1994) and were minor at that time.  Changes in fees and definitions were required to reflect the changing nature of the industry as no previous regulatory change had occurred in these areas in ten years (1990).

Legal Basis for Rule:  Education Law sections 207, 5001(1), (2) and (4)(b), 5002(2)(c), (3)(c), (4)(c) and (e), (6)(a) and (c), and (7), 5003(1)(d) and 5007(10) and Chapter 434 of the Laws of 1999.

OFFICE OF THE PROFESSIONS

Section 59.2 of the Commissioner's Regulations - education requirements for professional licensure

Description of Rule:  the regulation requires applicants for professional licensure who seek to meet the education requirement for licensure through programs that are not registered or accredited to submit adequate evidence of verification of their educational credentials by an acceptable independent credentials verification organization. 

Need for Rule:  the regulation is needed to ensure that only individuals who meet the educational requirements for licensure are licensed and to protect the public from attempts by individuals to submit fraudulent licensure credentials.

Legal Basis for Rule:  Education Law sections 207, 6504 and 6507(1), (2)(a) and (3)(a).

Section 61.10 of the Commissioner's Regulations - certification of licensed dentists in the use of conscious sedation, deep sedation or general anesthesia

Description of Rule:  the regulation establishes educational and training requirements for licensed dentists to be certified to employ conscious sedation, deep sedation, or general anesthesia in the practice of dentistry at any location other than a general hospital, and to establish practice requirements for the use of conscious sedation, deep sedation, or general anesthesia by such licensed dentists.

Need for Rule:  Education Law section 6605-a, as amended by Chapter 615 of the Laws of 1999, directs the Commissioner of Education to establish requirements in regulation.

Legal Basis for Rule:  Education Law sections 207, 6506(1), 6507(2)(a), 6601 and 6605-a(2).

Section 64.7 of the Commissioner's Regulations and section 29.14 of the Regents Rules - administration of immunization and anaphylaxis treatment agents b registered professional nurses.

Description of Rule:  the regulation establishes requirements that registered professional nurses must meet to administer immunization and anaphylaxis treatment agents through non-patient specific orders and protocols, the immunization and anaphylaxis treatment agents that may be administered, the requirements for orders and the protocols, and special requirements which define unprofessional conduct for the profession of nursing.

Need for Rule:  Chapter 573 of the Laws of 1999 directs the Commissioner of Education to promulgate regulations concerning the administration of immunization and anaphylaxis treatment agents by registered professional nurses pursuant to non-patient specific orders of licensed physicians or certified nurse practitioners.

Legal Basis for Rule:  Education Law sections 207, 6503(3), 6506(1) and (9), 6507(2)(a), 6509(9), 6527(6), 6807(3), 6902(1) and 6909(4) and (5).

Section 69.6 of the Commissioner's Regulations - mandatory continuing education for architects

Description of Rule:  the regulation establishes continuing education requirements and standards for the registration of licensed architects. 

Need for Rule:  the regulation implements Education Law section 7308, as added by Chapter 521 of the Laws of 1999.

Legal Basis for Rule:  Education Law sections 207, 212(3), 6502(1), 6504, 6507(2)(a), 6508(1) and 7308(1)(a), (b) and (c).

Section 70.6 of the Commissioner's Regulations - mandatory continuing education for public accountancy

Description of Rule:  the regulation requires individuals licensed in public accountancy to participate in at least four contact hours of continuing education study in professional ethics during each triennial registration period and to prescribe that full contact hour credit would be given for interactive self-study programs used to fulfill the continuing education requirement. 

Need for Rule:  the regulation conforms the public accountancy continuing education requirements for self-study programs to the national authority's recommended guidelines and to ensure that licensees focus a portion of their continuing education on the subject of professional ethics.

Legal Basis for Rule:  Education Law sections 207, 6502(1), 6504, 6507(2)(a) and 7409(1)(a)(2) and (4).

Sections 79-4.6 and 79-4.7 of the Commissioner's Regulations - mandatory continuing education for respiratory therapists and respiratory therapy technicians.

Description of Rule:  the regulation establishes continuing education requirements and standards that licensed respiratory therapists and licensed respiratory therapy technicians must meet to be registered to practice in New York State and requirements for approval of sponsors of continuing education.

Need for Rule:  the regulation clarifies and implements the requirements of Education Law sections 8504-a and 8510-a, as added by Chapter 505 of he Laws of 1999, by establishing standards for what constitutes acceptable formal continuing education, educational requirements when there is a lapse in practice, requirements for licensees under conditional registration, standards for the approval of sponsors of continuing education to licensed respiratory therapists and licensed respiratory therapy technicians, and the fee for the review of sponsors of continuing education to defray the cost of such review by the State Education Department.

Legal Basis for Rule:  Education Law sections 207, 212(3), 6502(1), 6504, 6507(2)(a), 6508(1), 8504-a(1)(a), (b) and (c), (2) through (6), and 8510-a(1)(a)(b) and (c), (2) through (6).

OFFICE OF MANAGEMENT SERVICES

Part 281 of the Commissioner's Regulations - appeals to Commissioner of Education pursuant to Education Law section 3020(3) relating to employees or titles in the NYC School District

Description of Rule:  the regulations establish procedures for appeals to the Commissioner of Education of certain disciplinary determinations for employees or titles in the City School District of the City of New York.

Need for Rule:  the regulation is necessary to implement Chapter 3 of the Laws of 2000.

Legal Basis for Rule:  Education Law sections 101, 207, 305(1) and (2), 308 and 3020(3) and Chapter 3 of the Laws of 2000.