(ii) the institution shall maintain an earned nursing degree program registered by the department, culminating in an associate degree or higher, [excluding] including any online nursing degree program offered via the internet;

2. Subdivision (f) of section 150.4 of the Regulations of the Commissioner of Education is added, effective November 13, 2008, as follows:

1. STATUTORY AUTHORITY:

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

Section 215 of the Education Law authorizes the Commissioner of Education, or their representative, to visit, examine into and inspect, any institution in the university and any school or institution under the educational supervision of the state, and may require, as often as desired, reports in such form as the Regents or the Commissioner of Education may require.

Section 6401-a of the Education Law, as added by Chapter 57 of the Laws of 2007, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent colleges and universities and to promulgate any regulations necessary to implement the requirements of this section.

Chapter 57 of the Laws of 2008 authorizes the Commissioner of Education to award state aid to certain eligible independent colleges and universities for high needs nursing programs, including those institutions that offer online nursing programs via the internet.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the legislative objectives set forth in the aforementioned statutes in that it permits eligible institutions offering online nursing degree programs to receive state aid under section 6401-a of the Education Law and requires each institution that receives state aid under Section 6401-a of the Education Law to submit an annual report detailing each expenditure of state aid.

3. NEEDS AND BENEFITS:

Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008, authorizes the Commissioner of Education to award state aid for high needs nursing programs at certain independent institutions of higher education within the State, including those offering online nursing programs via the internet. In order to conform our existing regulation to the Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008, the proposed amendment authorizes eligible institutions offering online nursing degree programs to receive state aid under section 6401-a of the Education Law and requires each institution that receives state aid under Section 6401-a of the Education Law to submit an annual report detailing each expenditure of state aid.

Other than the annual report mentioned above, the amendment does not add or alter any other reporting or recordkeeping requirements for independent colleges and universities, including those located in rural areas. The amendment will not require regulated parties to acquire professional services to comply.

4. COSTS:

a. Costs to the State government. The proposed amendment will not impose additional costs on State government.

b. Costs to local government. None.

c. Costs to private regulatory parties. The proposed amendment may impose negligible costs on regulated entities when applying for state aid awards under Section 6401-a of the Education Law. Specifically, an annual negligible cost may be imposed on regulated parties to complete the required annual report.

d. Costs to the regulatory agency. None.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment will not impose any new mandates on local governments.

6. PAPERWORK:

Other than the annual report mentioned above, the amendment does not add or alter any other reporting or recordkeeping requirements for independent colleges and universities. The amendment will not require regulated parties to acquire professional services.

7. DUPLICATION:

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

8. ALTERNATIVES:

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

9. FEDERAL STANDARDS:

The proposed amendment provides State aid for certain independent institutions of higher learning that offer online high needs nursing programs.

10. COMPLIANCE SCHEDULE:

It is anticipated that regulated parties will be able to achieve compliance with the proposed regulation by its stated effective date.

Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008, authorizes the Commissioner of Education to award state aid to certain eligible independent colleges and universities for high needs nursing programs, including those institutions that offer online nursing programs via the internet. In order to implement the requirements of section 6401-a, the proposed amendment is needed to delete the exclusion currently in the regulation for online nursing programs. The proposed amendment also requires each institution to submit an annual report detailing each expenditure of state aid received under Section 6401-a of the Education Law.

Based on 2005–2006 academic year data, the Department estimates that approximately 43 colleges and universities will be eligible for state aid for high needs nursing programs under Section 6401-a of the Education Law. However, in order to be eligible for state aid under this section, the institution must be a non-profit or independent college or university. Accordingly, the institutions applying for state aid under this section are not small businesses.

Because it is evident from the nature of the proposed amendment that it will 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 is not required and one has not been prepared.

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed amendment applies to certain independent colleges and universities that offer nursing programs in New York State with high needs nursing programs registered by the State Education Department. Based on 2005–2006 academic year data, the Department estimates that approximately 43 colleges and universities will be eligible for state aid under the proposed regulation. Of these, approximately 12 are located 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:

Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008, authorizes the Commissioner of Education to award state aid to certain eligible independent colleges and universities for high needs nursing programs, including those institutions that offer online nursing programs via the internet. In order to implement the requirements of section 6401-a, the proposed amendment is needed to delete the exclusion currently in the regulation for online nursing programs. The proposed amendment also requires each institution to submit an annual report detailing each expenditure of state aid received under Section 6401-a of the Education Law.

3. COSTS:

The proposed amendment may impose negligible costs on regulated entities when applying for state aid awards under Section 6401-a of the Education Law. Specifically, an annual negligible cost may be imposed on regulated parties to complete the required annual report.

4. MIMINIZING ADVERSE IMPACT:

The proposed amendment implements the requirements of Chapter 57 of the Laws of 2008. The statute makes no exception and does not impose different requirements for eligible independent colleges and universities located in rural areas. The proposed amendment has been carefully drafted to implement the statutory mandates.

5. RURAL AREA PARTICIPATION:

A copy of the proposed amendment was shared with each of the independent colleges and universities in New York State with high needs nursing programs, including those located in rural areas.

In addition, comments on the proposed amendment were solicited from the Rural Education Advisory Committee, whose membership includes, among others, representatives of school districts, BOCES, business interests, and government entities located in rural areas.

Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008, authorizes the Commissioner of Education to award state aid to certain eligible independent colleges and universities for high needs nursing programs, including those institutions that offer online nursing programs via the internet. In order to implement the requirements of section 6401-a, the proposed amendment is needed to delete the exclusion currently in the regulation for online nursing programs. The proposed amendment also requires each institution to submit an annual report detailing each expenditure of state aid received under Section 6401-a of the Education Law.

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.