Meeting of the Board of Regents | June 2008

TO:	Full Board
FROM:	Kathy A. Ahearn
SUBJECT:	Proposed Amendment to the Rules of the Board of Regents Relating to Standing Committees
DATE:	June 17, 2008
STRATEGIC GOAL:	5 and 6
AUTHORIZATION(S):

 

 

SUMMARY

 

 

Issues 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?

 

Reasons for Consideration

 

              Review of policy.

 

Proposed Handling

 

The proposed amendment will come before the Full Board at the June 2008 Regents meeting for confirmation/permanent adoption.

 

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. 

 

At the May Regents meeting, the proposed amendment was revised to conform certain 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) to the actual practice of each Committee under the new organization of the standing committees.  The proposed amendment, as revised, was adopted as a second emergency adoption, effective May 26, 2008. A Notice of Revised Rule Making was published in the State Register on May 14, 2008.  No public comment has been received on the revised rule.  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 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 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. 

 

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 July 17, 2008, as a permanent rule.

 

Timetable for Implementation

 

              The proposed amendment will become effective July 17, 2008.

 

Attachment

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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 July 17, 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 July 17, 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;
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•                             [(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 proposals relating to professional practice and professional discipline policies and practices;(iv)  oversees administration of continuing competence requirements forprofessional licensure and registration;(v)  reviews Regents Review Committee recommendations and proposedconsent orders 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 on the Professions on application for waiver of licensure requirements;(ix)  seeks input from the public and professions concerning professionalpractice and 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
• incorporation and 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 rehabilitationand special 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 special education programs 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 andpractices concerning vocational rehabilitation; special education and related educationalservices for 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 July 17, 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.

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