Meeting of the Board of Regents | October 2007

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

 

DRAFT

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education to provide regulatory relief in the event of the temporary closure of an institution as a result of a disaster
DATE:	October 10, 2007
STRATEGIC GOAL:	Goal 2 and 4
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Discussion (Consent Item)

 

              Should the Board of Regents amend Subdivision (w) of section 50.1; Paragraph (4) of subdivision (c) of section 52.2; and Subdivision (g) of section 145-2.1  of the Regulations of the Commissioner of Education relating to equivalency of instruction in the event of an institution’s temporary closing due to a disaster?

 

Reason(s) for Consideration

              Review of Policy.

Proposed Handling

 

The proposed amendment is before the Higher Education and Professional Practice Committee for discussion in October 2007 and will be submitted for action at the December 2007 Regents meeting.

 

Procedural History

 

              A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register on September 26, 2007.  Supporting materials are available upon request from the Secretary of the Board of Regents.

 

Background Information

 

              The Regulations of the Commissioner of Education state in §52.2(c)(4) “A semester hour of credit may be granted by an institution for fewer hours of instruction and study than those specified in subdivision (o) of section 50.1 of this Subchapter only:

(i) when approved by the commissioner as part of a registered curriculum; or

(ii) when the commissioner has granted prior approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution.”

 

The proposed amendments would provide regulatory relief in the event of the temporary closure of an institution as a result of a disaster.  Such a closure may prevent the institution from meeting the semester hour requirements, adversely impacting an institution in terms of compliance with the Regulations of the Commissioner of Education and in meeting financial aid requirements for the Tuition Assistance Program (TAP).  The proposed amendment was developed after meetings with representatives from the City University of New York, the State University of New York, independent colleges and universities, proprietary colleges, the Higher Education Services Corporation, the Department of Education, and the State Education Department’s Office of Higher Education The semester hour requirement is of utmost concern to all segments of higher education.  The amendment is a proactive step by the Regents to provide a means of regulatory relief in the event of a catastrophic incident. 

 

Recommendation

 

              Not Applicable.

 

 

Timetable for Implementation

 

The effective date of the proposed amendment is January 3, 2008.

 

 

 

 

 

 

 

Attachment A

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 201, 207, 210, 215 and 305 of the Education Law and Chapter 57 of the Laws of 2007.

              1.  Subdivision (w) of section 50.1 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:

(w)  Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, technological, radiological or man-made causes, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, war or civil disturbance as declared by state or local governments pursuant to sections 24 or 28 of the Executive Law. 

2.  Paragraph (4) of subdivision (c) of section 52.2 of the Regulations of the Commissioner of Education is amended, effective January 3, 2008, as follows:

(4)  A semester hour of credit may be granted by an institution for fewer hours of instruction and study than those specified in subdivision (o) of section 50.1 of this Subchapter only;

(i) when approved by the commissioner as part of a registered curriculum; [or]

(ii) when the commissioner has granted prior approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution[.]; or

(iii)  in the event of a temporary closure of an institution by the state or local government as a result of a disaster, as defined in section 50.1(w) of this Part, when the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution.

3.  Subdivision (g) of section 145-2.1 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:

(g)  Upon presentation of satisfactory evidence that the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction of study and such statement has been adopted by the institution as a result of a disaster as defined in section 50.1(w) of this Part,
a semester hour of credit may be granted by an institution for fewer hours of instruction and study for purposes of a scholarship, tuition assistance program or other benefits. 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 101, 202, 207, 210, 215 and 305 of the Education Law.

              1.  Subdivision (w) of section 50.1 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:

(w)  Disaster means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural, technological, radiological or man-made causes, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, war or civil disturbance as declared by state or local governments pursuant to sections 24 or 28 of the Executive Law. 

2.  Paragraph (4) of subdivision (c) of section 52.2 of the Regulations of the Commissioner of Education is amended, effective January 3, 2008, as follows:

(4)  A semester hour of credit may be granted by an institution for fewer hours of instruction and study than those specified in subdivision (o) of section 50.1 of this Subchapter only;

(i) when approved by the commissioner as part of a registered curriculum; [or]

(ii) when the commissioner has granted prior approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution[.]; or

(iii)  in the event of a temporary closure of an institution by the state or local government as a result of a disaster, as defined in section 50.1(w) of this Title, when the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction and study and such statement has been adopted by the institution.

3.  Subdivision (g) of section 145-2.1 of the Regulations of the Commissioner of Education is added, effective January 3, 2008, as follows:

(g)  Upon presentation of satisfactory evidence that the commissioner has granted approval for the institution to maintain a statement of academic standards that defines the considerations which establish equivalency of instruction of study and such statement has been adopted by the institution as a result of a disaster as defined in section 50.1(w) of this Part,
a semester hour of credit may be granted by an institution for fewer hours of instruction and study for purposes of a scholarship, tuition assistance program or other benefits.