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:

1. STATUTORY AUTHORITY:

Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.

Education Law Section 202(1) grants to the Board of Regents the authority to govern and exercise the corporate powers of the University of the State of New York.

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

Education Law Section 210 grants to the Board of Regents the authority to register domestic and foreign institutions in terms of New York standards.

Education Law section 215 authorizes the Regents, the Commissioner, or their representatives, to visit, examine and inspect any institution admitted to the University of the State of New York, as defined in Education Law section 214, and to require, as often as desired, duly verified reports giving such information and in such form as they shall prescribe.

Education Law section 305(1) designates the Commissioner as chief executive officer of the State system of education and the Regents, and authorizes the Commissioner to enforce laws relating to the educational system and to execute the Regents' educational policies. Section 305(2) authorizes the Commissioner to have general supervision over schools subject to the Education Law. Section 305(20) provides that the Commissioner shall also have and execute such further powers and duties as the Commissioner shall be charged by the Board of Regents.

2. LEGISLATIVE OBJECTIVES:

The proposed rule provide for the legislative objective of the above-referenced statutes and regulations by amending the requirements for registration of postsecondary curricula concerning the maintenance of a statement of academic standards that define and establish an equivalency of instruction and study.

3. NEEDS AND BENEFITS:

The proposed rule is needed in order to provide regulatory relief in the event of a temporary closure of an institution as a result of a disaster. Such a closure may prevent an institution from meeting the semester hour requirements, and may adversely impact an institution in terms of compliance with the Regulations of the Commissioner of Education and in meeting financial aid requirements of the Tuition Assistance Program (TAP).

The need for the proposed rule was identified by 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 and the State Education Department's Office of Higher Education, who met and reached a consensus on the proposed rule.

4. COSTS:

a. Costs to the State government. None.

b. Costs to local government. None.

c. Costs to private regulatory parties. None.

d. Costs to the regulatory agency. None. The proposed rule, will not add any new responsibilities for the State Education Department to administer.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule will not impose any new mandates on local governments. The proposed rule is needed in order to provide regulatory relief in the event of a temporary closure of an institution as a result of a disaster.

6. PAPERWORK:

The proposed rule will require institutions to submit to the Commissioner of Education for approval, a statement of academic standards that defines the considerations which establish equivalency of instruction of study and such statement must be adopted by the institution as a result of a disaster as defined in proposed section 50.1(w). It does not include any new reporting requirements for regulated parties. The rule will not increase the paperwork requirements for students of the institutions of higher education.

7. DUPLICATION:

The proposed rule does not duplicate any other existing State or Federal requirements.

8. ALTERNATIVES:

There are no significant viable alternatives to the proposed rule at this time.

9. FEDERAL STANDARDS:

The proposed rule concerns the criteria for registration of postsecondary curricula and the State student aid program. Federal standards are inapplicable.

10. COMPLIANCE SCHEDULE:

The proposed rule would go into effect on January 3, 2008. Institutions of higher education must comply with the regulation on its effective date. However, the event of a disaster would trigger the requirements of the rule.

(a) Small Businesses:

EFFECT OF RULE:

The proposed rule would provide regulatory relief in the event of the temporary closure of an institution of higher education as a result of a disaster. Accordingly, the proposed rule is applicable to each such institution in the State, including the 40 degree-granting proprietary colleges (for-profit entities). Of the 40 degree-granting proprietary colleges in New York State, 29 are small businesses with 100 or fewer employees that will be affected by the rule.

COMPLIANCE REQUIREMENTS:

The proposed rule is needed in order to provide regulatory relief in the event of a temporary closure of an institution if higher education as a result of a disaster. Such a closure may prevent an institution from meeting the semester hour requirements, and may adversely impact an institution in terms of compliance with the Regulations of the Commissioner of Education and in meeting financial aid requirements of the Tuition Assistance Program (TAP).

The proposed rule will require institutions to submit to the Commissioner of Education for approval, a statement of academic standards that defines the considerations which establish equivalency of instruction of study and such statement must be adopted by the institution as a result of a disaster as defined in proposed section 50.1(w). It does not include any new reporting requirements for regulated parties. The rule will not increase the paperwork requirements for students of the institutions of higher education.

PROFESSIONAL SERVICES:

The State Education Department expects that existing faculty and staff at institutions of higher education will be sufficient to meet the requirements of the proposed rule. Therefore, the proposed rule imposes no additional professional services requirements for small businesses.

COMPLIANCE COSTS:

The proposed rule does not impose any significant costs on small businesses. Institutions of higher education falling under the definition of small business would be required to submit to the Commissioner of Education for approval, a statement of academic standards that defines the considerations which establish equivalency of instruction of study. Such statement must be adopted by the institution as a result of a disaster as defined in proposed section 50.1 (w). It is anticipated that existing faculty and staff at institutions will be sufficient to prepare such statement.

ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule will not impose any technological requirements on regulated parties. Because the proposed rule is not expected to impose significant additional monetary costs on institutions of higher education, including small businesses, compliance with the proposed requirements is economically feasible.

MINIMIZING ADVERSE IMPACT:

The proposed rule is needed in order to provide regulatory relief to institutions of higher education in the event of a temporary closure of an institution as a result of a disaster. Such a closure may prevent an institution from meeting the semester hour requirements, and may adversely impact an institution in terms of compliance with the Commissioner's Regulations and in meeting financial aid requirements of the Tuition Assistance Program. The proposed rule minimizes adverse impact by providing a means for institutions to maintain a statement of academic standards that defines the considerations which establish an equivalency of instruction and study in circumstances defined by the amendment to section 50.1. Upon presentation of satisfactory evidence and approval by the Commissioner, an institution may grant a semester hour of credit for fewer hours of instruction and study for purposes of a scholarship, tuition assistance program or other benefits.

SMALL BUSINESS PARTICIPATION:

Degree-granting proprietary institutions of higher education located in New York State, including those that are small businesses, had opportunities to participate in the development of the proposed rule. The need for the proposed rule was identified by representatives from the City University of New York, the State University of New York, independent colleges and universities, proprietary colleges, including those that are small businesses, the Higher Education Services Corporation and the State Education Department's Office of Higher Education, who met and reached a consensus on the proposed rule.

(b) Local Governments:

The proposed rule permits an institution of higher education to establish an equivalency of instruction and study, as approved by the Commissioner, in the event of a temporary closure of the institution by the State or local government as a result of a disaster. It is evident from the subject matter of the rule that it will have no effect on local governments. Because it is evident from the nature of the proposed rule that it does not affect local governments, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for local governments is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule applies to all public and private institutions of higher education in New York State including those in rural areas, defined as the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less.

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

The proposed rule is needed in order to provide regulatory relief in the event of a temporary closure of an institution as a result of a disaster. Such a closure may prevent an institution from meeting the semester hour requirements, and may adversely impact an institution in terms of compliance with the Regulations of the Commissioner of Education and in meeting financial aid requirements of the Tuition Assistance Program (TAP).

The rule does not add or alter reporting or recordkeeping requirements for institutions of higher education in rural areas. It does require the submission of a statement of academic to the Commissioner of Education in the event of a disaster necessitating the temporary closure of an institution of higher education. This statement would define the considerations which establish equivalency of instruction and study, and must be adopted by the institution.

The rule does not impose reporting or recordkeeping requirements for students of such institutions in rural areas. In addition, the rule will not require regulated parties to acquire professional services.

3. COSTS:

The proposed rule will not impose any capital costs on the public and private institutions of higher education located in rural areas.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is needed in order to provide regulatory relief to institution of higher education in the event of a temporary closure of an institution as a result of a disaster. The proposed rule minimizes adverse impact by providing a means for institutions to maintain a statement of academic standards that defines the considerations which establish an equivalency of instruction and study in circumstances defined by the amendment to Section 50.1. Upon presentation of satisfactory evidence and approval by the Commissioner, an institution may grant a semester hour of credit for fewer hours of instruction and study for purposes of a scholarship, tuition assistance program or other benefits.

5. RURAL AREA PARTICIPATION:

The need for the proposed rule was identified by 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 and the State Education Department's Office of Higher Education, who met and reached a consensus on the proposed rule. During the development of the proposed rule, the content of the amendments was discussed with representatives of public, private, and proprietary institutions who represent institutions in rural areas.

The proposed rule permits an institution of higher education to establish an equivalency of instruction and study as approved by the Commissioner, in the event of a temporary closure of an institution by the State or local government as a result of a disaster. The rule will not affect jobs and employment opportunities in New York State. Because it is evident from the nature of this rule that it will have no impact on job 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 has not been prepared.