(10) Deputy commissioner's review. The deputy commissioner shall review the recommendations and report of the standards board or subcommittee and the entire record before the standards board or subcommittee, including but not limited to the documentation listed in subparagraphs (9)(ii) and (iii) of this subdivision. The deputy commissioner may accept and/or request additional written information from the institution. The deputy commissioner may also request additional written information from the standards board or subcommittee, provided that the deputy commissioner shall transmit such additional written information to the institution by first class mail within fifteen days of receiving such information. Based upon [this] a review of the record and/or any additional information submitted, the deputy commissioner shall prepare recommendations on accreditation action and program reregistration to the commissioner, together with a report of the factual basis and findings in support of the deputy commissioner's recommendations. The department shall transmit a copy of the report and recommendations to the institution by first class mail with return receipt requested.

2. Paragraph 7 of subdivision (b) of section 4-2.6 of the Rules of the Board of Regents is amended, effective June 14, 2007, as follows:

(7) Deputy commissioner's review. The deputy commissioner shall review the recommendations and report of the standards board or subcommittee and the entire record before the standards board or subcommittee; including but not limited to the documentation listed in subparagraphs (6)(ii) and (iii) of this subdivision. The deputy commissioner may accept and/or request additional written information from the institution. The deputy commissioner may also request additional written information from the standards board or subcommittee, provided that the deputy commissioner shall transmit such additional written information to the institution by first class mail within fifteen days of receiving such information. Based upon [this] a review of the record and/or any additional information submitted, the deputy commissioner shall prepare recommendations on accreditation action and program reregistration to the commissioner, together with a report of the factual basis and findings in support of the deputy commissioner's recommendations. The department shall transmit a copy of the recommendations and report to the institution by first class mail with return receipt requested.

3. Paragraph 7 of subdivision (c) of section 4-2.6 of the Rules of the Board of Regents is amended, effective June 14, 2007, as follows:

(7) Deputy commissioner's review. The deputy commissioner shall review the recommendations and report of the standards board or subcommittee and the entire record before the standards board or subcommittee, including but not limited to the documentation listed in subparagraphs (6)(ii) and (iii) of this subdivision. The deputy commissioner may accept and/or request additional written information from the institution. The deputy commissioner may also request additional written information from the standards board or subcommittee, provided that the deputy commissioner shall transmit such additional written information to the institution by first class mail within fifteen days of receiving such information. Based upon [this] a review of the record and/or any additional information submitted, the deputy commissioner shall prepare recommendations on accreditation action and program reregistration to the commissioner, together with a report of the factual basis and findings in support of the deputy commissioner's recommendations. The department shall transmit a copy of the report and recommendations to the institution by first class mail with return receipt requested.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 210 of the Education Law empowers the Regents to register institutions in terms of New York standards.

Section 214 of the Education Law provides that higher educational institutions that are incorporated in New York State shall be members of The University of the State of New York.

Section 215 of the Education Law authorizes the Board of Regents or the Commissioner of Education, or their representatives, to visit, examine into, and inspect institutions in The University of the State of New York and to require such institutions to submit reports.

Subdivision (1) of section 305 of the Education Law authorizes the Commissioner of Education to enforce all laws relating to the educational system of the State and execute all educational policies determined by the Board of Regents.

Subdivision (2) of section 305 of the Education Law charges the Commissioner of Education with general supervision over all schools and institutions subject to the Education Law.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment implements the intent of the aforementioned statutes by revising existing procedures for institutions of higher education seeking accreditation of their teacher education programs, or renewal of such accreditation by the Board of Regents.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to clarify the existing procedures for institutions of higher education seeking accreditation of their teacher education programs, or renewal of such accreditation, by the Board of Regents. Specifically, the amendment clarifies that the Deputy Commissioner may accept and/or consider additional information from the institution, other than the record before the standards board or subcommittee, when making a recommendation during a comprehensive review for accreditation, a compliance review or when reviewing programs on probationary status. The proposed amendment also clarifies that the Deputy Commissioner may request additional written information from the standards board or subcommittee, provided that the Deputy Commissioner transmits such additional written information to the institution by first class mail within fifteen days of receipt of such information.

Under the current rules, the Deputy Commissioner must review the record before the standards board, and the recommendations and report of the standards board or subcommittee when making an accreditation recommendation. However, in some instances, the Deputy Commissioner may want to request and/or receive additional information from either the institution or the standards board in order to further inform the Deputy Commissioner's decision. This amendment would provide the Deputy Commissioner with the flexibility to accept and/or request additional information from the institution and/or standards board before making a recommendation. It also provides the institution with the opportunity to notify the Deputy Commissioner if it has corrected any identified deficiencies.

4. COSTS:

(a) Costs to State government. The State Education Department will use existing staff to accredit teacher education programs under the proposed standards and procedures. The amendment would impose additional costs on the State Education Department to distribute any additional information submitted by the standards board to the institution. The Department estimates that these costs will total approximately $50 each year. The amendment would not impose costs on any other State agency.

(b) Costs to local government. None.

(c) Costs to private regulated parties. The proposed accreditation standards and procedures for teacher education programs apply only to institutions that seek such accreditation of their teacher education programs by the Board of Regents. The proposed amendment will require institutions to submit additional information upon request by the Deputy Commissioner. This amendment is likely to result in only nominal costs to institutions, including those that are located in rural areas of the State. The State Education Department estimates that the nominal cost of providing such information to the Department will be approximately $1.00 per institution.

(d) Costs to the regulatory agency. These are estimated above under Costs to State Government.

5. LOCAL GOVERNMENT MANDATES:

The amendment would not impose any program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The amendment would require each institution that chooses the Board of Regents as the accrediting agency for its teacher education programs to prepare and submit additional information to the Department, upon the Deputy Commissioner's request.

7. DUPLICATION:

The proposed standards for Regents accreditation of teacher education programs are consistent with program registration standards set forth in Part 52 of the Regulations of the Commissioner of Education. This deliberate consistency subjects regulated parties to uniform standards, where possible.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

There are no applicable standards of the Federal government establishing accreditation requirements for teacher education programs.

10. COMPLIANCE SCHEDULE:

The amendment would be effective on its stated effective date. Because of the nature of the proposed amendment, no additional period of time is needed to enable regulated parties to comply.

The proposed amendment clarifies existing procedures for institutions of higher education seeking accreditation of teacher education programs, or renewal of such accreditation, by the Board of Regents. On the basis of the most recent data transmitted to the State Education Department, 0 of the 23 institutions of higher education that have voluntarily chosen the Board of Regents as their institutional accreditor are for-profit small businesses with fewer than 100 employees. Five additional higher education institutions (with additional branch campuses) have applied to the Board of Regents for institutional accreditation but have not yet been accredited. The Department estimates that none of them are for-profit small businesses with fewer than 100 employees.

Because it is evident from the nature of the amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed amendment applies to institutions voluntarily seeking Regents accreditation of their teacher education programs, including those located in the State's 44 rural counties and 71 towns in urban counties with a population density of 150 per square mile or less. At the present time, there are 23 institutions accredited by the Board of Regents and 5 other institutions (with additional branch campuses) that are currently seeking accreditation of their teacher education programs by the Board of Regents. Of these institutions, the Department estimates that 16 are located in a rural area of the State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS, AND PROFESSIONAL SERVICES:

The purpose of the proposed amendment is to clarify the existing procedures for institutions of higher education seeking accreditation of their teacher education programs, or renewal of such accreditation, by the Board of Regents. Specifically, the amendment clarifies that the Deputy Commissioner may accept and/or consider additional information from the institution, other than the record before the standards board or subcommittee, when making a recommendation during a comprehensive review for accreditation, a compliance review or when reviewing programs on probationary status. The proposed amendment also clarifies that the Deputy Commissioner may request additional written information from the standards board or subcommittee, provided that the Deputy Commissioner transmits such additional written information to the institution by first class mail within fifteen days of receipt of such information.

Under the current rules, the Deputy Commissioner must review the record before the standards board, and the recommendations and report of the standards board or subcommittee when making an accreditation recommendation. However, in some instances, the Deputy Commissioner may want to request and/or receive additional information from either the institution or the standards board in order to further inform the Deputy Commissioner's decision. This amendment would provide the Deputy Commissioner with the flexibility to accept and/or request additional information from the institution and/or standards board before making a recommendation. It also provides the institution with the opportunity to notify the Deputy Commissioner if it has corrected any identified deficiencies.

The proposed amendment is not expected to cause regulated parties to have to hire additional professional services in order to comply.

3. COSTS:

The proposed amendment will require institutions to submit additional information requested by the Deputy Commissioner. This amendment is likely to result in only nominal costs to institutions, including those that are located in rural areas of the State. The State Education Department estimates that the nominal cost of providing this information to the Department will be approximately $1.00 per institution.

4. MINIMIZING ADVERSE IMPACT:

Because of the nature of the proposed amendment, establishing different standards for institutions of higher education in rural areas of New York State is inappropriate.

5. RURAL AREA PARTICIPATION:

During the development of the proposed amendment, the content of the proposed amendment was discussed with the State Professional Standards and Practices Board for Teaching. This is an advisory group to the Board of Regents and the Commissioner of Education on matters pertaining to teacher education, certification, and practice. The Board has representatives who live and/or work in rural areas, including secondary and postsecondary faculty and administrators.

The proposed amendment establishes and clarifies existing procedures that must be met by institutions of higher education seeking accreditation, or renewal of accreditation, by the Board of Regents for teacher education programs. The State Education Department expects that higher education institutions will use existing faculty to meet the proposed requirements.

Because it is evident from the nature of this proposed amendment that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.