The proposed amendment was adopted as an emergency rule at the May 2009 Regents meeting of the Board of Regents, effective May 22, 2009. A Notice of Proposed Rule Making was published in the State Register on June 10, 2009. It is anticipated that the proposed amendment will be adopted as a permanent rule at the September 2009 Regents meeting. Pursuant to the State Administrative Procedure Act, the earliest the adopted rule can become effective is after its publication in the State Register on October 8, 2009. However, the emergency rule which took effect on May 22, 2009 will expire on August 20, 2009.

Therefore, a second emergency action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the May 2009 Regents meeting, which extends the date for submission of annual reports for high needs nursing programs from June 1 to November 15 to provide institutions with an adequate amount of time to submit their annual reports, remains continuously in effect until the effective date of its adoption as a permanent rule, and thereby avoid disruption to the preparation and administration of contracts for the reimbursement of school districts which provide instruction to nonresident pupils for the 2009-2010 school year.

(f) Annual reports. Each eligible institution that receives State aid pursuant to section 6401-a of the Education Law shall submit an annual report to the commissioner by [June 1] November 15 of each year, detailing each expenditure of State aid received and any other information the commissioner may require, in a form prescribed by the commissioner.

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 requires each institution that receives state aid under Section 6401-a of the Education Law to submit an annual report by November 15 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. Currently, the Regulations of the Commissioner of Education requires each institution to submit an annual report to the Department by June 1, detailing each expenditure of state aid. Institutions, however, are required to submit a report to the Department by November 15, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and they do not receive any state aid until March or later. Therefore, the current June 1 date for submission of annual reports detailing expenditure of such aid does not provide a sufficient amount of time for institutions to comply. The purpose of the proposed amendment is to extend the deadline for submission of annual reports from June 1 to November 15 of each year to provide institutions with an adequate amount of time to submit their annual reports.

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 will not impose any additional costs on State government beyond those currently imposed by regulation.

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. Currently, the Regulations of the Commissioner of Education require each institution to submit an annual report to the Department by June 1, detailing each expenditure of state aid. Institutions, however, are required to submit a report to the Department by November 15, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and they do not receive any state aid until March or later. Therefore, the current June 1 date for submission of annual reports detailing expenditure of such aid does not provide a sufficient amount of time for institutions to comply. The purpose of the proposed amendment is to extend the date that institutions may submit annual reports to the department from June 1 to November 15.

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. Currently, section 150.4 of the Regulations of the Commissioner of Education requires each institution to submit an annual report to the Department by June 1, detailing each expenditure of state aid. Institutions, however, are required to submit a report to the Department by November 15, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and they do not receive any state aid until March or later. Therefore, the current June 1 date for submission of annual reports detailing expenditure of such aid does not provide a sufficient amount of time for institutions to comply. The purpose of the proposed amendment is to extend the deadline for submission of annual reports from June 1 to November 15 of each year to provide institutions with an adequate amount of time to submit their annual reports.

3. COSTS:

The proposed amendment does not impose any additional costs, beyond those currently imposed by statute or regulation.

4. MIMINIZING ADVERSE IMPACT:

The statute makes no exceptions for eligible independent colleges and universities located in rural areas.

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. Currently, the Regulations of the Commissioner of Education requires each institution to submit an annual report to the Department by June 1, detailing each expenditure of state aid. Institutions, however, are required to submit a report to the Department by November 15, certifying the number of students enrolled in a high needs nursing program at such institution for the fall semester and they do not receive any state aid until March or later. Therefore, the current June 1 date for submission of annual reports detailing expenditure of such aid does not provide a sufficient amount of time for institutions to comply. The purpose of the proposed amendment is to extend the deadline for submission of annual reports from June 1 to November 15 of each year to provide institutions with an adequate amount of time to submit their annual reports.

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.