Meeting of the Board of Regents | June 2008
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Kathy A. Ahearn |
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SUBJECT: |
June 2008 Regulatory Agenda
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DATE: |
June 9, 2008
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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 2008 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 2008 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during the remainder of 2008, 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 2008 Regulatory Agenda for the State Education Department be approved, as submitted.
Timetable for Implementation
The June 2008 Regulatory Agenda will be published in the State Register on June 25, 2008.
STATE EDUCATION DEPARTMENT
JUNE 2008 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 2008. 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 2008 Regulatory Agenda.
OFFICE OF ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to Distinguished Educators to define eligibility and establish selection process duties.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to the restructuring and reorganization of schools under registration review (SURR).
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to District Improvement Plans.
Amendment of the Commissioner's Regulations to implement Chapter 57 of the Laws of 2007 relating to superintendents' contracts.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 and Chapter 57 of the Laws of 2008 relating to full-day kindergarten and pre-kindergarten transition planning grants.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to pupils with limited English proficiency.
Amendment of the Commissioner’s Regulations to implement Chapter 57 of the Laws of 2007 relating to student progress reports, school leadership and school progress report cards.
Amendment of the Commissioner’s Regulations to conform provisions relating to Educationally Related Support Services Aid and Declassification Support Aid to the Laws of 2007.
Amendment of Part 100 of the Commissioner's Regulations to conform to Chapter 57 of the Laws of 2007, relating to implementation of an interim growth model, subject to the approval of the U.S. Department of Education.
Amendment of section 100.2(p) of the Commissioner's Regulations to conform provisions related to implementation of differentiated accountability pilot as part of New York State's No Child Left Behind accountability workbook, subject to U.S. Department of Education's approval of New York State's proposal for participation in the U.S. Secretary of Education's pilot program.
Amendment of section 100.2 (gg) of the Commissioner's Regulations to revise and update provisions on Violent and Disruptive Incident Reporting (VADIR).
Amendment of section 110.6 of the Commissioner's Regulations relating to aidable summer school programs.
Amendment of section 135.4(c)(7)(i)(c)(2) and (3) of the Commissioner’s Regulations relating to requirements for teacher coaches and non-teacher coaches.
Amendment of the Commissioner’s Regulations relating to the duration of student competition in interscholastic athletics.
Amendment of the Commissioner’s Regulation to implement Chapter 57 of the Laws of 2007 relating to teacher tenure, annual professional performance review under section 100.2(o) and the ability to use data to improve student performance.
Amendment of the Commissioner's Regulations to conform to Chapter 181 of the Laws of 2007 ("P.J.'s Law"), by promulgating regulations requiring school bus drivers and attendants on a bus transporting children with disabilities to complete training, at least once a year, on the special needs of children with disabilities.
Amendment of Part 156 of the Commissioner's Regulations, regarding transportation, to revise and update the regulations.
Amendment of Part 136 of the Commissioner's Regulations to implement Chapter 672 of the Laws of 2008, regarding nebulizers in school buildings.
Amendment of section 136.3 of the Commissioner's Regulations, relating to scoliosis screening.
Amendment of section 144.11 of the Commissioner's Regulations, relating to early grade class size.
Amendment of Commissioner's Regulations, relating to absentee ballots for boards of cooperative educational services (BOCES).
Amendment of Commissioner's Regulations, relating to school district and BOCES name changes.
Amendment of Commissioner's Regulations, relating to school district financial management.
Amendment of Commissioner's Regulations regarding BOCES installment purchase contracts and leases.
Amendment of Commissioner's Regulations, relating to certified athletic trainers.
Amendment of Commissioner's Regulations relating to persistently dangerous schools.
Amendment of Subpart 151-1 of the Commissioner's Regulations to allow teachers employed by eligible agencies collaboration with a school district to provide prekindergarten services to be employed without a bachelor's degree in early childhood education or a related field, or a teaching license or certificate valid for services in the childhood grades pursuant to 8 NYCRR Part 80, so long as the teacher has a written plan to obtain certification valid for service in the early childhood grades within 5 years of commencement of employment.
Amendment of Subpart 151-1 of the Commissioner's Regulations, relating to Universal Pre-kindergarten aid, to implement Chapter 57 of the Laws of 2008.
Amendment of section 100.2(x), relating to the education of homeless children.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above proposed amendments by contacting:
Johanna Duncan-Poitier
Senior Deputy Commissioner P-16
New York State Education Department
Office of Higher Education
89 Washington Avenue
West Wing, Second Floor Mezzanine - EB
Albany, New York 12234
(518) 474-3862
OFFICE OF HIGHER EDUCATION
Amendment of Part 30 of the Commissioner Regulations to designate a tenure area for each of the several teacher certificate titles that did not exist prior to February 2, 2004.
Amendment of Part 52 and Part 80 of the Commissioner’s Regulations related to the requirements for teacher certification in special education.
Amendment of Section 8 NYCRR 100.2(dd) and Part 80 of Commissioner’s Regulations, relating to changes in district professional development plans to account for changes in regulations related to the certification of school leaders.
Amendment of Part 80 of the Commissioner’s Regulations to establish a three-year limit for applications for teacher certification to remain active.
Amendment of Part 87 of the Commissioner's Regulations relating to oral arguments.
Amendment of Part 52, Part 57 and Part 80 of theCommissioner’s Regulations to implement the statutory requirements of Chapter 143 of the Laws of 2006, related to required training for special education teachers and special education administrators in the needs of children with autism.
Amendment of Part 80 of the Commissioner's Regulations to establish requirements for a certificate in educational interpreting.
Amendment of Part 80 of the Commissioner's Regulations to expand the scope of practice for holders of the School District Leader certificate and to establish a transitional certificate for School District Business Leaders.
Amendment of Parts 80 of the Commissioner's Regulations to establish requirements for a transitional certificate in classroom teaching titles in a demonstrated shortage area.
Amendment of Part 80 of the Commissioner's Regulations, related to the renewal of initial certificates in the classroom teaching service and the educational leadership service.
Amendment of Part 52 and Part 80 of the Commissioner's Regulations, related to the requirements for teacher certification in Special Education.
Amendment of the Commissioner's Regulations to implement Chapter 41 of the Laws of 2007 regarding the Student Lending Accountability, Transparency and Enforcement Act (SLATE).
Amendment of section 150.4 of the Commissioner's Regulations to implement Education Law section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008, regarding high needs nursing.
Amendment of section 80-5.5 of the Commissioner's Regulations relating to the employment of retired persons by school districts, BOCES and county vocational education and extension boards.
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Johanna Duncan-Poitier
Senior Deputy Commissioner P-16
New York State Education Department
Office of Higher Education and Office of the Professions
89 Washington Avenue
West Wing, Second Floor Mezzanine - EB
Albany, New York 12234
(518) 474-3862
OFFICE OF THE PROFESSIONS
Amendment of 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 of Part 17 of the Regents Rules to conform to the three member panel law.
Amendment of Part 17 of the Regents Rules relating to the summary suspension procedure.
Amendment of Part 18 of the Regents Rules relating to the provision of services to nurses with substance abuse problems.
Amendment of Part 24 of the Regents Rules relating to the application period for the restoration of professional licenses and the submission of materials in support of such applications.
Amendment of Part 24 of the Regents Rules relating to the waiver of citizenship requirement for licensure in Veterinary Medicine, Dentistry, Dental Hygiene and Pharmacy.
Amendment of 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 of Part 29 of the Regents Rules relating to the packaging and dispensing of certain pharmaceuticals and electronic recordkeeping in pharmacies.
Amendment of Part 29 of the Regents Rules relating to electronic recordkeeping.
Amendment of Part 29 of the Regents Rules relating to the use of identification badges for certain professionals.
Amendment of Part 29 of the Regents Rules relating to unprofessional conduct in the profession of Public Accountancy.
Amendment of Parts 52 and 77 of the Commissioner’s Regulations relating to the educational standards necessary for licensure in Physical Therapy.
Amendment of Parts 52 of the Commissioner’s Regulations relating to the educational standards necessary for licensure in Public Accountancy.
Amendment of Part 59 of the Commissioner’s Regulations relating to the use of ID cards in lieu of registration certificates.
Amendment of Part 59 of the Commissioner’s Regulations relating to the English language proficiency.
Amendment of Part 63 of the Commissioner’s Regulations relating to continuing education for pharmacists.
Amendment of Part 63 of the Commissioner’s Regulations relating to examination requirements for pharmacists.
Amendment to Part 64 of the Commissioner’s Regulations relating to the orders required for administering immunizations.
Amendment of Part 70 of the Commissioner’s Regulations relating to experience and examination requirements for licensure in Certified Public Accountancy and to competency requirements relating to the signing of financial statements.
Amendment of Part 76 of the Commissioner’s Regulations relating to the supervision of occupational therapy assistants.
Amendment of Part 79 of the Commissioner’s Regulations relating to supervision requirements in the Mental Health professions.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Frank Muñoz
Associate Commissioner
New York State Education Department
Office of the Professions
89 Washington Avenue
West Wing, Second Floor - Education Building
Albany, NY 12234
(518) 486-1765
OFFICE OF VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Amendment to Part 177 of the Commissioner’s Regulations relating to the provision of special education services to students with disabilities parentally placed in nonpublic schools, including child find, evaluations, services, expenditure of federal funds and due process.
Amendment to sections 200.2(d), and 200.6(i), 200.7 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 private school.
Amendment to sections 200.4 and 200.5 of the Commissioner’s Regulations relating to the use of mandatory forms for individualized education programs (IEPs), prior written notice (notice of recommendation) and meeting notice.
Amendment to section 200.7 of the Commissioner’s Regulations relating to the approval process for private schools for reimbursement with public funds and the use of rewards and incentives by private schools and State-operated and State-supported schools.
Amendment to section 200.9 of the Commissioner’s Regulations relating to rate-setting and tuition rates for approved programs for students with disabilities.
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 Commerce Plaza, Room 1606
Albany, New York 12234
(518) 474-2714
OFFICE OF CULTURAL EDUCATION
Amendments to Part 188 of the Commissioner's Regulations relating to State Agency Records Management to update and correct various requirements affecting the management of records, including revising technical language, updating the list of State agencies paying annual fixed fees for records management services and revising the annual fee for storage of records at the State Records Center.
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
9A49 Cultural Education Center
Albany, New York 12230
(518) 473-7091
Amendments to section 3.27 of the Regents Rules, relating to Chartering and Registration of Museums and Historical Societies with Collections, and section 3.30 relating to Incorporation and Registration of Historical Societies without Collections and Cultural Agencies, to add “planetarium” to the definition of “museum,” make clear that the requirement for larger institutions to be open to the public 1,000 hours a year applies to a museum or exhibit facility, add language that only institutions that have collecting as a stated purpose in their charter shall hold collections, add a reference to “board representation” in the requirements for geographically descriptive terms in a corporate name, and eliminate reference to “associations of teachers, students [and] graduates of educational institutions” from the definition of “cultural agency.”
Agency representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendments by contacting:
Clifford A. Siegfried
Assistant Commissioner
New York State Education Department
3023 Cultural Education Center
Albany, New York 12230
(518) 473-5812
Amendment of Section 92.1 of the Commissioner's Regulations to reflect various changes made in regard to borrowing from the State Library since the last time this section was amended in 1994, in particular to make permanent the pilot project under which New York State residents 18 years old and older may borrow circulating material directly from the State Library. Before the pilot project began in 2004, only State Legislators, Regents, Justices of the State Court system, State Government employees, resident physicians and attorneys and official historians of New York State local governments were allowed to borrow directly. Other New York State residents could borrow only by requesting loan of material through their local libraries.
Agency Representative:
Information may be obtained, and written comments may be submitted, concerning the above-proposed amendment by contacting:
Jeffrey W. Cannell
Deputy Commissioner of Cultural Education
New York State Education Department
Office of Cultural Education
Room 10A33
Albany, NY 12230
(518) 474-5223
Amendment of Part 90 of the Commissioner’s Regulations relating to the 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:
Jeffrey W. Cannell
Deputy Commissioner of Cultural Education
New York State Education Department
Office of Cultural Education
Room 10A33
Albany, NY 12230
(518) 474-5223
OFFICE OF MANAGEMENT SERVICES
Amendment of 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
89 Washington Avenue
Room 121 EB
Albany, New York 12234
(518) 486-1702
Amendment of 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
Director of Education Finance
New York State Education Department
89 Washington Avenue
Room 139 EB
Albany, New York 12234
(518) 486-2422
Amendment of 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 of 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 of 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
89 Washington Avenue
Room 112 EB
Albany, New York 12234
(518) 474-6400
OFFICE OF STATE REVIEW
Amendment to section 279.1 relating to the incorporation and clarification of definitions and other provisions, as relevant to state-level review of hearings for students with disabilities, that are currently referenced in parts 275 and 276; deletion of references to parts 275 and 276; clarification of the jurisdiction of a state review officer; and clarification regarding the authority of a state review officer to review manifestation determinations.
Amendment to section 279.2 relating to timelines for serving and filing a Notice of Intention to Seek Review; clarification of purpose of Notice of Intention to Seek review; clarification of timeframe in which to serve upon another party and file a Notice of Intention to Seek review; and addition of a notice of certification requirement.
Amendment to section 279.4 relating to the initiation of a review and the timeliness of an appeal, clarify sufficiency of content and time in which to serve the petition for review and memorandum of law upon the opposing party; procedures for filing a petition for review with the Office of State Review; and add disclosure of whether a related action or proceeding is pending in another forum.
Amendment to section 279.5 relating to the service of an answer and supporting papers upon the opposing party and filing with the Office of State Review
Amendment to section 279.6 relating to additional pleadings and new matters raised in an answer.
Amendment to section 279.7 relating to verification of pleadings.
Amendment to section 279.8 relating to the table of authorities, clarification of the requirement that pleadings be signed consistent with 22 NYCRR 130-1.1a(a); and submission of electronic copies of pleadings and memoranda of law.
Amendment to section 279.9 relating to content of record; certification of record and clarification that 279.9 (b) refers to complete record.
Amendment to section 279.10 relating to requests for extensions of time and length of extensions permitted; submission of additional evidence; clarification of effect of agreements to extend the time in which to initiate a review.
Amendment to section 279.11 relating to calculating date of mailing and type of mail.
Amendment to section 279.12 relating to parties receiving copies of state review officer decisions.
Amendment to section 279.13 relating to service of petition for review.
Addition of 279.15 relating to definitions of terms in Part 279.
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
80 Wolf Road, 2nd Floor
Albany New York 12203
(518) 485-9373