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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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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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COMMITTEE: |
Full Board |
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TITLE OF
ITEM: |
Proposed Amendment to the Regulations of the Commissioner of Education Relating to Inspection and Copying of Department Records |
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DATE OF
SUBMISSION: |
April 23, 2004 |
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PROPOSED
HANDLING: |
Approval |
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RATIONALE FOR
ITEM: |
Conform to Court decision |
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STRATEGIC
GOAL: |
Goals 4 and 5 |
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AUTHORIZATION(S): |
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SUMMARY:
Attached for your approval is a proposed amendment of sections 187.1, 187.2 and 187.3 of the Regulations of the Commissioner of Education. Supporting materials are available upon request from the Secretary to the Board of Regents.
The proposed amendment is necessary to
conform the Commissioner's Regulations to Public Officers Law §89(3) and the
regulations promulgated by the Committee on Open Government, consistent with the
holding in Lecker v. New York City Board of Education, 157 AD2d 486 (1st
Dept). In addition, the proposed
amendments to sections 187.1 and 187.2 are necessary to update references to the
address of the Department's records access officer and the addresses of several
regional offices designated to receive requests for inspection and copies of
Department records.
A Notice of Proposed Rule Making was published in the State Register on March 3, 2004.
RECOMMENDATION: It is recommended that the Rules of the Board of Regents be amended in accordance with the attached draft and that the Regents take the following action:
VOTED: That sections 187.1, 187.2 and 187.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 10, 2004.
Attachment
AMENDMENT OF THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION
Pursuant to Education Law sections 207 and
305(6) and Public Officers Law sections 87(1)(b) and
89(3).
1.
Section 187.1 of the Regulations of the Commissioner of Education is
amended, effective June 10, 2004, as
follows:
§187.1 Designation of department
officers.
The records access officer, whose office is
located in Room [115] 121, State Education Building, Albany, New York
12234, is designated to receive requests for records under the Freedom of
Information Law, except archival records that are in custody of the State
Archives. The records access officer shall be the department official
responsible for ensuring compliance with the provisions of Public Officers Law,
articles 6 and 6-A. The Assistant
Commissioner of Education for Archives and Records Administration, whose office
is located in Room 10D45, Cultural Education Center, Albany, New York 12230,
shall serve as records access officer for archival records in custody of the
State Archives. Requests for access to archival records that are in the State
Archives shall be subject to the provisions of this Part and of section 188.26
of this Title. In the event of a
conflict with this Part, the provisions of section 188.26 shall
govern.
2.
Section 187.2 of the Regulations of the Commissioner of Education is
amended, effective June 10, 2004, as
follows:
§187.2 Submission of requests for inspection
or copies of records.
The following offices of the
department are designated to receive requests for inspection and copies of
records of the department, and requests for the identification or amendment or
correction of records of the department relating to a data subject. All such
requests shall be in writing.
ALBANY
New York State Education
Department
Records Access
Officer
Room [115]
121
State Education
Building
Albany, NY
12234
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities - Local
Office
Six Tower Place, 1st
Floor
Executive
Park
Albany, NY
12203
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Eastern Special Education Regional
Office
One Commerce Plaza, Room
1623
Albany, NY 12234
New York State Education
Department
Office of Professional
Discipline
1450 Western
Avenue
Albany, NY
12203
BATAVIA
New York State Education
Department
New York State School for the
Blind
Two-A Richmond
Avenue
Batavia, NY
14020
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Western Special Education Regional
Office
New York State School for the
Blind
Two-A Richmond
Avenue
Batavia, NY
14020
BINGHAMTON
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
44 Hawley
Street
Binghamton, NY
13901
BUFFALO
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Donovan State Office
Building
[125 Main Street] 508 Main
Street
Buffalo, NY [14203]
14202
CHEEKTOWAGA
New York State Education
Department
Office of Professional
Discipline
3530 Union
Road
Cheektowaga, NY
14225
ELMIRA
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
244 West Water
Street
Elmira, NY
14901
HAUPPAUGE
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
New York State Office
Building
Veterans
Highway
Hauppauge, NY
11788
HEMPSTEAD
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Hempstead
Plaza
50 Clinton Street, Room
708
Hempstead, NY
11550
LINDENHURST
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Long Island Special Education Regional
Office
The Kellum Educational
Center
887 Kellum
Street
Lindenhurst, NY
11757
LIVERPOOL
New York State Education
Department
Office of Elementary, Middle, Secondary &
Continuing Education
800 4th
Street
Liverpool, NY
13088
New York State Education
Department
Office of Professional
Discipline
A.V. Zogg
School
800 4th Street - Rooms 317 &
318
Liverpool, NY
13088
MALONE
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
[231 West Main Street, Suite 2] 209 West
Main Street, Suite 3
Malone, NY
12953
[MELLVILLE]
MELVILLE
New York State Education
Department
Office of Professional
Discipline
1121 Old Walt Whitman
Road
Suite 301
Melville, NY
11747
NEW YORK
CITY
New York State Education
Department
Bureau of Proprietary School
Supervision
116 West 32nd Street - 14th
Floor
New York, NY
10001
New York State Education
Department
Office of Professional
Discipline
[One Park Avenue - 6th Floor] 475 Park
Avenue South, 2nd Floor
New York, NY
10016
New York State Education
Department
Office of the
Professions
Harlem State Office
Building
163 West 125th
Street
New York, NY
10027
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
116 West 32nd Street, 6th
Floor
New York, NY
10001
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
1215 Zerega
Avenue
Bronx, NY
10462
New York State Education
Department
Office of Elementary, Middle, Secondary &
Continuing Education
55 Hanson Place, 2nd
Floor
Brooklyn, NY
11217
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
55 Hanson Place, 2nd
Floor
Brooklyn, NY
11217
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
New York City Special Education Regional
Office
55 Hanson Place, Room
545
Brooklyn, NY
11217-1580
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
One Lefrak City
Plaza
59-17 Junction Boulevard, 20th
Floor
Corona, NY
11368
New York State Education
Department
Office of Professional
Discipline
55 Hanson
Place
Brooklyn, NY
11217
PORT
CHESTER
New York State Education
Department
Office of Professional
Discipline
One Gateway
Plaza
Port Chester, NY
10573
POUGHKEEPSIE
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Manchester Mill
Centre
229 Manchester Road, 2nd
Floor
Poughkeepsie, NY
12603
ROCHESTER
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
109 South Union Street, 2nd
Floor
Rochester, NY
14607
New York State Education
Department
Office of Professional
Discipline
220 Idlewood Road, Room
106
Rochester, NY
14618
ROME
New York State Education
Department
New York State School for the
Deaf
401 Turin
Street
Rome, NY
13440
SYRACUSE
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
Hughes State Office Building, Room
230
333 East Washington
Street
Syracuse, NY
13202
UTICA
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
State Office
Building
207 Genesee
Street
Utica, NY
13501
WASHINGTON,
D.C.
New York State Education
Department
Office of Federal
Legislation
1730 Rhode Island Avenue,
NW
Washington, D.C.
20036
WEST
SENECA
New York State Education
Department
Office of Elementary, Middle, Secondary and
Continuing Education
355 Harlem
Road
West Seneca, NY
14224
WHITE
PLAINS
New York State Education
Department
Office of Vocational and Educational Services
for Individuals with Disabilities
[55 Church Street-3rd Floor] 75 South
Broadway
White Plains, NY
10601
YORKTOWN
HEIGHTS
New York State Education
Department
Office of Vocational and Educational Service
for Individuals with Disabilities
Hudson Valley Special Education Regional
Office
Putnam-Northern Westchester
BOCES
1950 Edgewater
Street
Yorktown Heights, NY
10598
3.
Section 187.4 of the Regulations of the Commissioner of Education is
amended, effective June 10, 2004, as
follows:
§187.4
Freedom of Information Law procedures.
The following procedures shall be followed in
connection with requests to inspect or secure copies of department records made
by members of the general public under the provisions of Public Officers Law,
article 6:
(a)
Albany office.
(1)
. .
.
(2)
. .
.
(3)
. .
.
(4)
. .
.
(5)
If the agency does not provide or deny access to the record sought within
five business days of receipt of a request, the agency shall furnish a written
acknowledgment of receipt of the request and a statement of the approximate date
when the request will be granted or denied. [If access to records is neither
granted nor denied within 10 business days after the date of acknowledgment of
receipt of a request, the request may be construed as a denial of access that
may be appealed.]
(b)
All other offices.
(1)
. .
.
(2)
. .
.
(3)
. .
.
(4)
. .
.
(5)
If the agency does not provide or deny access to the record sought within
five business days of receipt of a request, the agency shall furnish a written
acknowledgment of receipt of the request and a statement of the approximate date
when the request will be granted or denied. [If access to records is neither granted
nor denied within 10 business days after the date of acknowledgment of receipt
of a request, the request may be construed as a denial of access that may be
appealed.]
(c)
. . .
(d)
. .
.