Meeting of the Board of Regents | May 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Kathy A. Ahearn
SUBJECT:	Proposed Amendment to the Rules of the Board of Regents Relating to Standing Committees
DATE:	May 1, 2008
STRATEGIC GOAL:	5 and 6
AUTHORIZATION(S):

 

SUMMARY

 

 

Issue for Discussion

 

Should the Board of Regents amend sections 3.2 and 4-1.5 of the Rules of the Board of Regents to conform to a recent reorganization of the committee structure of the Board?

 

Reason(s) for Consideration

 

Review of policy

 

Proposed Handling

 

The proposed amendment will come before the Full Board at the May Regents meeting for adoption as a second emergency action to ensure that the previously adopted emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule.  It is anticipated that the proposed amendment will be submitted to the Full Board for confirmation as a permanent rule at the June 2008 Regents meeting.

 

Procedural History

 

The proposed amendment was discussed at the Full Board meeting in February 2008 and adopted as an emergency rule, effective February 26, 2008.  A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on February 27, 2008 and a Notice of Emergency Adoption was published in the State Register on March 12, 2008.  No public comment was received. 

 

              Since the February meeting, the proposed amendment has been revised as discussed below.  A Notice of Revised Rule Making will be published in the State Register on May 14, 2008.  These revisions will require deferral of the permanent adoption of the proposed amendment until after expiration of the 30-day public comment period specified in the State Administrative Procedure Act.  However, the February emergency rule will expire on May 25, 2008.  A second emergency action is therefore necessary at the May Regents meeting to ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule.  A Statement of the Facts and Circumstances Which Necessitate Emergency Action is attached.  Supporting materials for the proposed amendment are available upon request from the Secretary of the Board of Regents. 

 

Background Information

 

This proposed amendment will conform the Rules of the Board of Regents to the recent reconfiguration of the standing committees of the Board of Regents.  Specifically, the Committee on Higher Education and Professional Practice will be separated into two committees, the Committee on Higher Education and the Committee on Professional Practice, and the Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Education Services for Individuals with Disabilities will be separated into two committees, the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational and Educational Services for Individuals with Disabilities.  

 

The Board of Regents has determined that the reorganization of the committee structure is necessary to assist the Board of Regents to effectively meet its responsibilities to govern the University of the State of New York, determine the educational policies of the State and oversee the State Education Department.  The proposed amendment will establish the functions that each newly formed standing committee will perform so that they may efficiently and effectively carry out the Board’s work. 

 

Since the Regents’ discussion and emergency adoption of the proposed amendment at the February 2008 Regents meeting, the Committee on Higher Education and Committee on Professional Practice have determined that certain provisions of the amendment that set forth the particular responsibilities of the Committee on Higher Education and the Committee on Professional Practice did not completely conform to the performance of both Committees under the recent internal reorganization of the standing committees of the Board of Regents.  Specifically, the Committees have determined that the provisions relating to the review of amendments to the Rules of the Board of Regents and the Commissioner’s Regulations, the development of legislative and budgetary proposals, and recommendations regarding the incorporation and chartering of certain institutions and/or organizations needed to be revised to conform to the actual practice of each Committee under the new organization of the standing committees.  Accordingly, the proposed amendment has been revised to:

 

• place responsibility with the Committee on Professional Practice to review and approve amendments to the rules and regulations relating to professional education, and remove a reference to the Committee on Higher Education reviewing and approving amendments to the rules and regulations pertaining to professional program approval;

 

• place responsibility with the Committee on Professional Practice to develop legislative and budgetary proposals relating to professional practice and professional discipline policies and practices, and remove a reference to the Committee on Higher Education developing legislative and budgetary proposals for professional education;

 

• place responsibility with the Committee on Professional Practice to review and make recommendations to the full board on incorporation and chartering of professional organizations and non-degree granting institutions or organizations related to the professions; and

 

• make an additional technical correction in relation to the responsibility of the Committee on Higher Education to oversee the preparation of the statewide plan by changing the name of the plan from the “statewide plan for the development of postsecondary education” to the “statewide plan for higher education.”

 

Recommendation

 

It is recommended that the Board of Regents take the following action:

 

              VOTED: That subdivisions (a) and (d) of section 3.2 and subparagraph (iv) of paragraph (11) of subdivision (a) of section 4-1.5 of the Rules of the Board of Regents be amended, as submitted, effective May 26, 2008, as an emergency action, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately adopt revisions to conform the Rules of the Board of Regents to recent reorganization of the committee structure of the Board of Regents, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities, and to otherwise ensure that the emergency rule that was adopted at the February 2008 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

 

Timetable for Implementation

 

The proposed amendment was adopted as an emergency rule at the February Regents meeting, effective February 26, 2008.  The February emergency rule will expire on May 25, 2008.  The May second emergency rule will become effective on May 26, 2008 and will remain in effect for 60 days.  It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the June 2008 Regents meeting.

 

Attachment

AMENDMENT OF SECTIONS 3.2 AND 4-1.5 OF THE RULES OF THE BOARD OF REGENTS                  Pursuant to section 207 of the Education Law.                 1.  Subdivision (a) of section 3.2 of the Rules of the Board of Regents is amended, effective May 26, 2008, as follows:                 (a)  The chancellor shall appoint the following standing committees and designate the leadership of each committee:                 (1)  Policy Integration and Innovation.                  (2)  Higher Education [and Professional Practice].                 (3)  Elementary, Middle, Secondary and Continuing Education [and Vocational and Educational Services for Individuals with Disabilities].                 (4)  Cultural Education.                  (5)  Ethics.                  (6)  Professional Practice.          (7)  Vocational and Educational Services for Individuals with Disabilities.

              2.  Subdivision (d) of section 3.2 of the Rules of the Board of Regents is amended, effective May 26, 2008, as follows:

                 (d)  The functions of the standing committees shall include:

                 (1)  . . .

                 (2)  Committee on Higher Education [and Professional Practice]:

   (i)  develops policy recommendations regarding postsecondary education and

retraining programs, [and develops policy recommendations regarding standards of professional conduct, continuing competence standards, professional practice issues, professional assistance programs, and the disciplinary process,] and monitors implementation of such functions by the department;

                (ii)  oversees preparation of the statewide plan for [the development of postsecondary] higher education and reviews and approves amendments to institutional or sectorial master plans for new programs and facilities [,and amendments relating to professional practice and professional conduct];

                (iii)  reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education pertaining to postsecondary education issues, including academic [and professional] program approval, and student and institutional financial aid [, professional licensure requirements, and the administration of continuing professional competence requirements and amendments relating to professional practice and professional conduct;

   (iv)  oversees administration of continuing competence requirements for

professional licensure and registration;

   (v)  develops policy recommendations concerning professional manpower, examination and licensure issues and requirements, including minority access to professional education and licensure;

                (vi)  reviews and approves appointments to the State boards for regular service (advising on licensure, examinations, practice and discipline) for the professions;

             (vii)  reviews and approves the recommendations of the Staff Committee on the Professions on application for waiver of licensure requirements];

  [(viii)]   (iv) monitors the financial conditions of the postsecondary institutions;

 

                            [(ix)] (v)  develops legislative and budgetary proposals for higher [and professional] education [, professional practice and professional discipline,] and monitors advocacy of such proposals;

  [(x)] (vi)  recommends appointments to advisory councils and boards; [and]

[(xi)] (vii)  seeks input from the public and the field concerning postsecondary                     

education policies and practices; and

              [(xii)] (viii)  reviews and makes recommendations to the full board on

incorporation and chartering of higher education institutions and organizations,

[professional organizations,] and institutions offering professional education programs[; 

����������� (xiii) reviews and approves appointments to the State Boards for the Professions for service on licensure/disciplinary panels;             (xiv)  reviews  Regents  Review Committee recommendations and proposed consent orders and surrenders  of  license  in  professional  discipline cases;             (xv)  reviews  the  recommendations  of  the  Staff  Committee  on the Professions on petitions for restoration of a professional license; and                     (xvi) seeks input from  the  public  and  the  professions  concerning professional  practice  and  professional  discipline policies and practices].                 (3)  Committee on Elementary, Middle, Secondary and Continuing Education [and Vocational and Educational Services for Individuals with Disabilities]:develops policy recommendations regarding elementary, middle and secondary education, workforce preparation and continuing education, [vocational rehabilitation and special education, overall coordination of vocational and educational services for individuals with disabilities,] and coordination of interagency agreements and activities; . . .. . .   . . .reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education pertaining to elementary, middle and secondary education and workforce preparation and continuing education[, and amendments relating to vocational rehabilitation, special education and related educational services for individuals with disabilities]; . . . develops legislative and  budgetary  proposals  for  elementary, middle  and secondary education and workforce preparation and continuing education[, vocational  rehabilitation,  special  education  and  related educational services for individuals with disabilities,] and monitors the advocacy  of such proposals, and leads in pressing for legislative and budgetary priorities within the department and with the Legislature; initiates studies and activities leading to the improvement of educational conditions and outcomes for children from birth through high school graduation and adults in workforce preparation and continuing education programs; andreviews and makes recommendations to the full board on incorporation and chartering of institutions and organizations proposing to offer prekindergarten, kindergarten, elementary, middle or secondary education programs[;].            [(x) monitors the implementation of vocational rehabilitation and special education programs and services and of interagency agreements;                 (xi) reviews the development and implementation of the Regents Comprehensive Plan for the Office of Vocational and Educational  Services  for Individuals with Disabilities; and                 (xii)  seeks input from the public and professional field on policies and practices concerning vocational  rehabilitation;  special  education and related educational services for individuals with disabilities.]                  (4)  . . .           (5)  . . .(6) Committee on Professional Practice:(i)  develops policy recommendations regarding standards of professionalconduct, continuing competence standards, professional practice issues, professional manpower issues, professional licensure requirements including licensing examination requirements, which shall include issues concerning minority access to professional education, licensing examinations and licensure, professional assistance programs, and the professional disciplinary process, and monitors implementation of such functions by the department;                (ii)  reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education relating to professional education, licensure, continuing competence, practice, and discipline;                (iii)  develops legislative and budgetary proposalsrelating to professional practice and professional discipline policies and practices;(iv)  oversees administration of continuing competence requirements forprofessionallicensure and registration;(v)  reviews Regents Review Committee recommendations and proposedconsentorders and surrenders of license in professional discipline cases;                 (vi) reviews Regents Review Committee recommendations in proceedings relating to the unauthorized practice of the professions or the unauthorized use of a professional title;(vii)  reviews the recommendations of the Staff Committee on theProfessions on petitions for restoration of a professional license;                  (viii)  reviews and approves the recommendations of the Staff Committee ontheProfessions on application for waiver of licensure requirements;(ix)  seeks input from the public and professions concerning professionalpracticeand professional discipline policies and practices; and             (x) reviews and approves appointments to the State board for the professions;

              (xi) reviews and makes recommendations to the full board on

incorporationand chartering of professional organizations and non-degree granting institutions or organizations related to the professions. 

���������������� (7)  Committee on Vocational and Educational Services for Individuals with Disabilities:(i)  develops policy recommendations regarding vocational rehabilitationandspecial education, overall coordination of vocational and educational services to individuals with disabilities, and coordination of interagency agreements and activities;             (ii)  monitors the implementation of vocational rehabilitation and specialeducationprograms and services and interagency agreements;(iii)  develops legislative and budgetary proposals for vocationalrehabilitation, special education and related educational services for individuals with disabilities, and monitors the advocacy of such proposals, and leads in pressing for legislative and budgetary priorities within the department and with the Legislature;(iv)  reviews and approves amendments to the Rules of the Board ofRegents and Regulations of the Commissioner of Education relating to vocational rehabilitation, special education and related educational services for individuals with disabilities; and(v)  seeks input from the public and professional field on policies andpracticesconcerning vocational rehabilitation; special education and related educationalservicesfor individuals with disabilities.                 3.  Subparagraph (iv) of paragraph (11) of subdivision (a) of section 4-1.5 of the Rules of the Board of Regents is amended, effective May 26, 2008, as follows:                 (iv) The commissioner shall transmit the appeal papers to a standing subcommittee on accreditation appeals of the committee on higher education [and professional practice] of the Board of Regents.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED AMENDMENT OF SECTIONS 3.2 and 4-1.5 OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTION 207, RELATING TO STANDING COMMITTEES OF THE BOARD OF REGENTS

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ADOPTION

              The proposed amendment is necessary to reorganize the committee structure of the Board of Regents so that the Board may more effectively meet its statutory responsibilities.  The Committee on Higher Education and Professional Practice will be separated into two committees, the Committee on Higher Education and the Committee on Professional Practice.  The Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Educational Services for Individuals with Disabilities will be separated into two committees, the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational and Educational Services for Individuals with Disabilities.   The proposed amendment will establish the specific functions each newly formed committee will perform so that each committee may efficiently and effectively review items and priority issues, which will, in turn, assist the Board of Regents to efficiently carry out its statutory responsibilities. 

              The proposed amendment was adopted at the February 11-12, 2008 Regents meeting as an emergency measure, effective February 26, 2008, in order to immediately conform the Rules of the Board of Regents to the recent reorganization of the committee structure of the Board of Regents.  A Notice of Emergency Adoption was published in the State Register on March 12, 2008.  A Notice of Proposed Rule Making was published in the State Register on February 27, 2008.

              Since the February 2008 Regents meeting, the Committee on Higher Education and Committee on Professional Practice determined that certain provisions of the amendment that set forth particular responsibilities of the Committee on Higher Education and the Committee on Professional Practice did not completely conform to the performance of both Committees under the recent reorganization of the committee structure of the Board of Regents.  Specifically, the Committee on Higher Education and Committee on Professional Practice have determined that the provisions relating to the review of amendments to the Rules of the Board of Regents and the Commissioner’s Regulations, the development of legislative and budgetary proposals, and recommendations regarding the incorporation and chartering of certain institutions and/or organizations needed to be revised to conform to the actual practice of each Committee under the new organization of the standing committees.

Representatives of the Committee on Higher Education and Committee on Professional Practice collaborated with each other to determine the responsibilities of each Committee under the recent reorganization.  Accordingly, the proposed amendment has been revised to further define and distinguish the responsibilities of the Committee on Higher Education and the Committee on Professional Practice in conformity with the performance of both Committees under the recent reorganization of the committee structure of the Board of Regents.   These revisions include defining the current duties of the Committee on Higher Education and Committee on Professional Practice in respect to the their current performance under the recent reorganization, which duties primarily related to the review of amendments to the Rules of the Board of Regents and the Commissioner’s Regulations, the development of legislative and budgetary proposals, and recommendations regarding the incorporation and chartering of certain institutions and/or organizations.  The revisions further include other technical corrections therewith.  The proposed amendment, as revised, enables the Board of Regents to efficiently and effectively carry out its functions and responsibilities.   

              Pursuant to the State Administrative Procedure Act section 202(4-a), the revised rule cannot be adopted by regular (non-emergency) action until at least 30 days after the May 14, 2008 publication of the revised rule in the State Register.  Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment can be adopted by regular action, after expiration of the 30-day public comment period for a revised rule making, is the June 23-24, 2008 Regents meeting.  However, the February emergency adoption will expire on May 25, 2008, 90 days after its filing with the Department of State on February 26, 2008.  A lapse in the rule’s effectiveness would disrupt implementation of the new organization of the standing committees of the Board of Regents.

              A second emergency adoption is therefore necessary for the preservation of the general welfare in order to immediately conform the responsibilities of the Committee on Higher Education and the Committee on Professional Practice to each Committee’s performance under the recent reorganization, and to continue the effectiveness of the first emergency rule, subject to the revisions, adopted at the February 2008 Regents meeting which separated the Committee on Higher Education and Professional Practice and the Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Educational Services with Individuals with Disabilities, so that the new Committees may efficiently assume their respective duties beginning with the next succeeding Regents meetings.