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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
The Honorable the Members of the Board of Regents
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FROM: |
Kathy A.
Ahearn |
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SUBJECT: |
June 2006 Regulatory Agenda
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DATE: |
June 1,
2006 |
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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 2006 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 2006 regulatory agenda is a list and brief description of the
subject matter of each rule the Department is considering proposing during the
remainder of 2006, 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 2006 Regulatory Agenda
for the State Education Department be approved, as
submitted.
Timetable for
Implementation
The June 2006
Regulatory Agenda will be published in the State Register on June 28,
2006.
STATE EDUCATION
DEPARTMENT
JUNE 2006 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
2006. 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 2006 Regulatory
Agenda.
OFFICE OF ELEMENTARY,
MIDDLE, SECONDARY AND CONTINUING EDUCATION
Proposed
amendment to section 100.2(p) of the Commissioner’s Regulations to align the
regulations with
Proposed
amendment to section 100.7 of the Commissioner's Regulations relating to fees
for high school equivalency diploma and transcript
replacement.
Repeal
of section 175.43 of the Commissioner’s Regulations relating to the Operating
Standards Aid plan.
Proposed
amendment to Part 117 of the Commissioner’s Regulations relating to diagnostic
screening of pupils.
Proposed
amendment to Section 135.4 of the Commissioner’s Regulations relating to the
physical education requirements for students in grades 6-9 who are in a
pre-professional training program for a career in dance or
sports.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the above proposed
amendments by contacting:
Jean C.
Stevens
Interim Deputy
Commissioner
New York State Education
Department
Office of Elementary,
Middle, Secondary and Continuing Education
Room 875
EBA
(518)
474-5915
OFFICE OF HIGHER
EDUCATION
Amendment to Part 27 of the
Regents Rules relating to the economic eligibility criteria for non-public
institutions of higher education and to the economic eligibility criteria for
the City University of New York’s SEEK and College Discovery programs and the
State University of New York’s Educational Opportunity
Program.
Amendment of section 3.46
of the Rules of the Board of Regents, relating to the authority of new
proprietary schools to confer degrees, including transfer of degree
authority.
Sections
52.21, 80-1.2 and 80-5.13 of the Commissioner's Regulations, regarding
requirements for alternative teacher certification
program.
Amendment
to Part 80 of the Commissioner's Regulations, relating to reciprocity of
classroom teaching certificates issued by other
states.
Amendment to Part 87 of
Commissioner’s Regulations relating to oral
arguments.
Amendment of Regents Rules
and Part 80 of Commissioner’s Regulations to establish a Committee on the
Teaching Profession to determine substantial compliance with certification
requirements in extraordinary circumstances.
Amendment
to Part 4 of Regents Rules relating to Regents Accreditation, Subpart 4-1,
Voluntary Institutional Accreditation, for Title IV purposes concerning possible
changes to the Regents accreditation standards.
Amendment
of Subpart 4-2 of Regents Rules, relating to a revised fee structure for Regents
Accreditation of Teacher Education (RATE).
Agency
Representative
Information may be
obtained, and written comments may be submitted, concerning the above-proposed
amendments by contacting:
Johanna
Duncan-Poitier
Deputy
Commissioner
New York State Education
Department
Office of Higher Education
and Office of the Professions
West Wing, Second Floor
Mezzanine - EB
(518)
474-3862
OFFICE OF THE
PROFESSIONS
Amendment to section
3.57(b) of the Regents Rules, conferring the Doctor of Medicine degree, to
eliminate the requirement of three years of licensed
practice.
Amendment to Part 17 of
the Regents Rules to conform to the new three member panel
law.
Amendment to Part 18 of
the Regents Rules relating to the provision of services to nurses with substance
abuse problems.
Amendment to Part 24 of
the Regents Rules relating to the application period for the restoration of
professional licenses.
Amendment to
Part 24 of the Regents Rules relating to the waiver of citizenship requirement
for licensure in veterinary medicine, dentistry, dental hygiene and
pharmacy.
Amendment to Part 24 of
the Regents Rules relating to the approval by the committee on the professions
of three-year limited licenses in dentistry, dental hygiene, veterinary
medicine, veterinary technology, and
pharmacy.
Amendment to Part 29 of
the Regents Rules relating to the packaging and dispensing of certain
pharmaceuticals.
Amendment to Part 70 of the
Commissioner’s Regulations relating to education and endorsement requirements
for licensed public accountants.
Amendment to Part 31 of
the Regents Rules relating to the prohibition against illegal
practice.
Amendment to Part 66 of
the Commissioner's Regulations relating to continuing education in the practice
of optometry in the area of therapeutic pharmaceutical
agents.
Amendment to Part 70 of
the Commissioner's Regulations relating to 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 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.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the above-proposed
amendments by contacting:
Johanna
Duncan-Poitier
Deputy
Commissioner
New York State Education
Department
Office of Higher Education
and Office of the Professions
West Wing, Second Floor
Mezzanine - EB
(518)
474-3862
OFFICE OF VOCATIONAL AND
EDUCATIONAL SERVICES FOR INDIVIDUALS WITH
DISABILITIES
Amendments to
sections 200.1-200.16 and Part 201 of the Commissioner’s Regulations relating to
definitions, board of education responsibilities, committees on special
education, evaluations, development and implementation of the Individualized
Education Program (IEP), procedural due process, continuum of services, the
provision of education services to preschool students with disabilities and
discipline provisions as may be required to conform to amendments to the federal
regulations implementing the Individuals with Disabilities Education Act of
2004.
Amendment to sections
200.1 and 200.6(d) through (h) of the Commissioner’s Regulations relating to the
continuum of special education services.
Amendment to sections
200.2(d), and 200.6(i) and 200.16(c) of the
Commissioner’s Regulations relating to a school district placement of a student
with a disability in an in-state or out-of-state
school.
Amendment to sections
200.2 and 200.16 of the Commissioner’s Regulations relating to the role of
school districts in providing special education services and programs to
preschool children in accordance with Education Law section
4410(2).
Amendment to section 200.3
relating to the membership of the Committee on Special Education and Committee
on Preschool Special Education.
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
IEP.
Amendment to section
200.4(c) to establish the criteria to determine if a student is a student with a
learning disability.
Amendment to section
200.4(h) of the Commissioner’s Regulations repealing the notice requirement to a
parent when a student is not entitled to receive free educational services or
remain in a residential educational program after the age of twenty-one or upon
receipt of a high school diploma.
Amendment to section 200.7
of the Commissioner’s Regulations relating to the approval process for private
schools for reimbursement with public funds.
Amendment to section 200.9
of the Commissioner’s Regulations relating to rate-setting and tuition rates for
approved programs for students with
disabilities.
Amendment to section
200.16 of the Commissioner's Regulations relating to the provision of special
education services by a preschool child's third
birthday.
Amendment to Part 200 of
the Commissioner’s Regulations relating to State monitoring, enforcement and
technical assistance to school districts.
Amendment to Part 200 of
the Commissioner’s Regulations relating to the provision of special education
services to students with disabilities enrolled by their parents in nonpublic
schools.
Amendment to section 19.5
of the Rules of the Board of Regents and amendment of sections 200.1, 200.4,
200.7, and promulgation of section 200.22, of the Commissioner's Regulations
relating to positive behavioral interventions, the use of aversive or noxious
stimuli and the use of restraints to address student
behaviors.
Amendment to Part 247.14
of the Commissioner's Regulations relating to the specific rates set for meeting
the costs of college study for individuals with disabilities participating in
vocational rehabilitation services.
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
(518)
474-2714
OFFICE OF CULTURAL
EDUCATION
Amendments to Parts 185
and 188 of the Commissioner’s Regulations relating to Local Government Records
Management and State Agency Records Management to update and correct various
requirements affecting the management of records, including revising technical
language, removing outdated requirements, updating the list of State agencies
paying annual fixed fees for records management services, authorizing local
governments to dispose of paper original or micrographic copies of records
having a retention period of ten years or more when those records are replaced
by digitized images, and authorizing local governments to use locally-developed
records retention and disposition schedules in lieu of or in conjunction with
schedules issued by the Commissioner provided that the consent of the
Commissioner for the use of those locally-developed schedules is
obtained.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the above-proposed
amendment by contacting:
Christine
Ward
Assistant Commissioner for
the State Archives
New York State Education
Department
Room
9C49
Cultural
(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
Room
10C34
(518)
474-5930
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
Room 121
EB
(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
Room 139
EB
(518)
486-2422
Amendment to the
Commissioner's Regulations to conform to Chapter 91 of the Laws of 2002 and
Chapter 123 of the Laws of 2003, relating to New York City School District
governance.
Amendment to Part 113 of
the Commissioner's Regulations relating to the powers and duties of the New York
City Board of Education in determining certain
appeals.
Amendment to Parts 275 and
276 and section 100.2(y) of the Commissioner's Regulations relating to
procedures for appeals to the Commissioner pursuant to Education Law section
310.
Agency
Representative:
Information may be
obtained, and written comments may be submitted, concerning the above-proposed
amendments by contacting:
Kathy A.
Ahearn
Counsel and Deputy
Commissioner for Legal Affairs
New York State Education
Department
Room 112
EB
(518)
474-6400
OFFICE OF STATE
REVIEW
Amendment to section 279.1
relating to cross reference to statutory provisions for state-level review of
hearings for students with disabilities.
Amendment to section 279.2
relating to timeline for serving and filing a Notice of Intention to Seek
Review, and Petition for Review; clarification of purpose of Notice of Intention
to Seek review; clarification that parent must be personally served by a
petitioning district; clarification making notice consistent with 279.9
requirements regarding submission of hearing record.
Amendment to section 279.3
pertaining to change of filing address and where copies of regulations may be
obtained.
Amendment to section 279.4
relating to petition as the pleading that initiates review and determines
timeliness of appeal; to clarify that personal service is required.
Amendment to section 279.7
relating to failure to verify a pleading.
Amendment to section to
279.8 relating to length of answer that includes cross appeal, table of
authorities, manner of submission,
non-compliance with form requirements; and clarifying requirement
that pleadings be signed consistent with 22 NYCRR
130-1.1a(a).
Amendment to 279.9
relating to submission of hearing record.
Amendment to section to
279.10 pertaining to extensions of time to answer or
reply.
Amendment to section to
279.11 pertaining to calculating date of mailing and type of
mail.
Amendment to section
279.12 relating to parties receiving copies of state review officer’s
decisions.
Amendment to section
279.13 relating to timeline for and
service of petition for 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
(518)
485-9373