0705brca10

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

TO:	The Honorable the Members of the Board of Regents
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to a Fee for Photo Identification Cards for Licensed Professionals and Repeal of an Outdated Fee Provision
DATE:	June 27, 2005
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

SUMMARY

Issue for Decision (Consent Agenda)

Should the Regents repeal section 50.2 and amend section 59.9 of the Regulations of the Commissioner of Education, allowing the Department to charge a fee of up to $35 for a non-mandatory State photo identification card for licensed professionals?

Reason(s) for Consideration

Review of policy.

Proposed Handling

The proposed amendment is being submitted for approval at the July 2005 meeting of the Board of Regents.

Procedural History

The proposed amendment was discussed at the May 2005 meeting of the Board of Regents. A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on May 4, 2005.

Background Information

The purpose of the proposed amendment is to establish a fee for a photo identification card to be issued to those professionals licensed and registered pursuant to Title VIII of the Education Law who elect to receive one, and repeal an outdated fee provision in the Commissioner's regulations. The fee would be up to $35 and would cover the Department's administration costs. The fee would enable the Department to extend the opportunity to obtain a photo identification card to all licensed and registered professionals who choose to obtain one. These cards are an important part of New York’s disaster preparedness because they enable licensed professionals to properly identify themselves in times of crisis, and benefit licensees by providing them a convenient means of identifying themselves to clients and prospective employers.

Recommendation

I recommend that the Board of Regents take the following action:

VOTED: That section 50.2 of the Regulations of the Commissioner of Education be repealed and that section 59.9 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 11, 2005.

Timetable for Implementation

The effective date of the proposed amendment is August 11, 2005.

Attachment

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to sections 207, 212, 6502, and 6507 of the Education Law.

1. Section 50.2 of the Regulations of the Commissioner of Education is repealed, effective August 11, 2005.

2. Section 59.9 of the Regulations of the Commissioner of Education is amended, effective August 11, 2005, as follows:

59.9 Special service fees.

The department will charge the following fees for special services not otherwise provided by Education Law:

(a) . . .

(b) . . .

(d) . . .

(e) . . .

(f) . . .

(g) . . .

(h) . . .

(i) . . .

(j) . . .

(k) . . .

(l) . . .

(m) . . .

(n) for written verification of licensure and/or registration status, $10; [and]

(o) for reregistration of a licensee whose six-month registration has expired due to his or her failure to satisfy child support or combined child and spousal support obligations as prescribed in section 3-503 of the General Obligations Law, an amount equal to the licensee's registration fee; and

(p) for provision of a non-mandatory photo identification card for professionals licensed and registered pursuant to Title VIII of the Education Law, a fee not to exceed $35 for the cost of administration.