Section 207 of the State Administrative Procedure Act (SAPA) requires that each State agency review, after five years and thereafter at five-year intervals, each of its rules which is adopted on or after January 1, 1997 to determine whether such rules should be modified or continued without modification.

Pursuant to SAPA section 207, the State Education Department submits the following list of rules that were adopted during calendar year 2006 and 2001 that the Department has reviewed and determined should be continued without modification. All section and part references are to Title 8 of the New York Code of Rules and Regulations.

a. Calendar Year 2006

OFFICE OF P-12 EDUCATION

Sections 170.12, 170.2 and 170.3 of the Commissioner's regulations, regarding school district financial accountability

Justification for continuation without modification: The rule is needed to implement Chapter 263 of the Laws of 2005. The rule establishes systems and processes that provide for transparency and accountability in the conduct of district business, strengthens oversight, and increases accountability.

Legal basis for rule: Education Law sections 207 (not subdivided), 215 (not subdivided), 305(1) and (2), 1604(35), 1709(20-a), 1711(2)(e), 1950(4)(k), 2102-a(1) through (4), 2116-a(3), 2116-b(1) through (7), 2116-c(1) through (9), 2117(1), 2503(5), 2508(5), 2509(4), 2523(2), 2524(1), 2525(1) and (2), 2526(1), (1-a) and (2), 2527 (not subdivided), 2554(2-a), 2562(2), 2566(6), 2573(4), 2576(1)(a), 2580(2) and 3713(1) and (2), and Chapter 263 of the Laws of 2005.

Assessment of public comment: No public comment received.

Section 175.5 of the Commissioner's Regulations, regarding length of school day

Justification for continuation without modification: The rule amended section 175.5(b) of the Commissioner's Regulations to provide that the minimum daily sessions lengths set forth in section 175.5(a), for purposes of determining State aid, shall not apply to school days during which Regents examinations have been scheduled.

Pursuant to section 175.5(a) of the Commissioner's Regulations, in order for a school day to be counted for State aid purposes, students in Grades 7 through 12 must attend school for a minimum of five and one-half hours. Subdivision (b) of section 175.5 allows an exception to this rule where a school day of less than five and one-half hours is conducted because of certain circumstances specified in the subdivision. The rule added the scheduling of Regents examinations to the list of permissible circumstances allowing an exception. As a result, schools would be able to count for State aid purposes a school day that includes a half-day Regents Examination session. In addition, the Department would be able to provide school districts and boards of cooperative educational services (BOCES) with a more flexible Regents examination schedule that minimizes the number of instances in which general education students and students with disabilities might be expected to take two examinations required for a diploma on the same day.

Legal basis for rule: Education Law sections 207 (not subdivided) and 3602(1)(d).

Assessment of public comment: No public comment received.

Section 100.2(c) of the Commissioner's Regulations, regarding instruction in life safety

Justification for continuation without modification: The rule is necessary to conform the Commissioner's Regulations to Chapter 242 of the Laws of 2005 by requiring the addition of a course of instruction in injury prevention and life safety education to existing curricula. Section 100.2(c) establishes State learning requirements for injury prevention and life safety education.

Legal basis for rule: Education Law sections 101 (not subdivided), 207 (not subdivided), 305(1) and (2), 308 (not subdivided), 309 (not subdivided), 808(1) and 3204(3).

Assessment of public comment: No public comment received.

Section 100.5 of the Commissioner's Regulations, regarding mathematics graduation and diploma requirements

Justification for continuation without modification: The rule revises mathematics graduation and diploma requirements consistent with policy adopted by the New York State Board of Regents. It is necessary to implement revisions to the commencement level mathematics graduation and diploma requirements to align with the revised high school performance indicators for the following three mathematics courses: Integrated Algebra, Geometry, and Algebra 2 and Trigonometry.

The rule limits to two the number of units of credit earned for any of these three commencement level mathematics courses. It clarifies that, to earn a Regents diploma with advanced designation, students entering grade 9 prior to September 2009 must pass two of the three commencement level Regents examinations through one of the following combinations: Mathematics A and Mathematics B, or Mathematics A and Algebra 2 and Trigonometry, and that students who enter grade 9 in September 2009 and thereafter must pass three commencement level Regents examinations in mathematics titled Mathematics A or Integrated Algebra, Geometry, and Algebra 2 and Trigonometry. The rule also provides for students who first enter grade 9 in September 2009 and thereafter, who complete all coursework and testing requirements for the Regents diploma with advanced designation in mathematics and/or science, and who pass, with a score of 85 or better, three commencement level Regents examinations in mathematics and/or three commencement level Regents examinations in science, will earn a Regents diploma with advanced designation, with an annotation on the diploma that denotes mastery in mathematics and/or science, as applicable.

Legal basis for rule: Education Law sections 101 (not subdivided), 207 (not subdivided), 208 (not subdivided), 209 (not subdivided), 305(1) and (2), 308 (not subdivided), 309 (not subdivided) and 3204(3).

Assessment of public comment: No public comment received.

Sections 19.5, 200.1, 200.4, 200.7 and 200.22 of the Commissioner's Regulations, regarding aversive behavioral intervention

Justification for continuation without modification: The rule is necessary to establish standards for behavioral interventions, including a prohibition on use of aversive interventions; to provide for a child specific exception; and to establish standards for programs using aversive interventions. The rule ensures that aversive interventions are used only when necessary; in accordance with research-based practices; under conditions of minimal intensity and duration to accomplish their purpose; and in accordance with the highest standards of oversight and monitoring.

Legal basis for rule: Education Law sections 207 (not subdivided), 210 (not subdivided), 305(1), (2) and (20), 4401(2), 4402(1), 4403(3) and 4410(13).

Assessment of public comment: No public comment received.

Section 100.2(gg) of the Commissioner's Regulations, regarding uniform violent and disruptive incident reporting

Justification for continuation without modification: The rule is necessary to provide a ranking, standard for reporting, and more concise definition of reportable offenses as required by the uniform violent and disruptive incident reporting system for the reporting of incidents by school districts, BOCES, charter schools and county vocational education and extension boards, as required by Education Law section 2802, and to establish the use of a school violence index as a comparative measure of the level of school violence in a school, and thereby assure to the extent practicable that the reports are uniform and comparable throughout the State with respect to the type of incidents reported and the actions taken in response to such incidents.

Legal basis for rule: Education Law sections 101 (not subdivided), 207 (not subdivided), 305(1) and (2), 2801(1) and 2802(2),(3),(4) and (6) and Chapter 402 of the Laws of 2005.

Assessment of public comment: No public comment received.

Section 100.2(p) of the Commissioner's Regulations, regarding school accountability

Justification for continuation without modification: the rule establishes criteria and procedures to ensure State and local educational agency compliance with the provisions of Education Law section 211 and the federal No Child Left Behind Act of 2001 relating to academic standards and school/district accountability.

The rule specifies procedures for the registration of public schools; monitoring of school and district performance for adequate yearly progress determinations; process for identification of schools for registration review, removal or schools from registration review and revocation of the registration of a public school; high school equivalency program review; recognition of schools and districts as high performing and rapidly improving; registered nonpublic high school registration review and nonpublic school accountability performance criteria; and school/district accountability (inclusive of differentiated accountability).

Legal basis for rule: Education Law sections 101, 207, 210, 211-A, 211-B, 211-C, 215, 305(1), (2) and (20), 309 and 3713(1) and (2).

Assessment of public comment: No public comment received.

OFFICE OF HIGHER EDUCATION

Section 80-1.7 of the Commissioner's Regulations, regarding renewal of provisional certificates in the pupil personnel service and administrative and supervisory service

Justification for continuation without modification: The rule restored the opportunity for candidates to renew expired provisional certificates in the pupil personnel service and in the title school administrator and supervisor (authorizing service as a school building principal) and established requirements for the renewal of these certificates.

Legal basis for rule: Education Law sections 207 (not subdivided); 305(1) and (7); 3001(2); 3004(1); 3006(1)(b); and 3009(1).

Assessment of public comment: No public comment was received.

Section 80-5.6 of the Commissioner's Regulations, regarding teaching assistants

Justification for continuation without modification: The rule established requirements for the certification of teaching assistants for service in the State's public schools: extended the validity of the level I and II teaching assistant certificates, specified additional requirements for the renewal of the level I teaching assistant certificate, required additional collegiate study for the level II teaching assistant certificate, and clarified coursework requirements. It is needed to provide teaching assistants time to meet requirements for the next level certificate and to ensure that level I certificate holders are on track for meeting the one-year experience requirement for the level II certificate.

Legal basis for rule: Education Law sections 207 (not subdivided); 305(1), (2), and (7); 3001(2); 3004(1); 3006(1)(b); and 3009(1) and (2).

Assessment of public comment: No public comment was received.

Section 7.1 of the Regents Rules and sections 52.21, 80-2, 80-3 & 80-5 of the Commissioner's Regulations, regarding certification in educational leadership

Justification for continuation without modification: The rule strengthened certification requirements that candidates must meet in order to be certified as school leaders for service in New York State public schools. It is needed to assure that persons receiving such certificates exhibit the essential characteristics of effective leaders.

Legal basis for rule: Education Law sections 207 (not subdivided); 210 (not subdivided); 305(1), (2), and (7); 3001(2); 3003(1), (3), and (5); 3004(1); 3006(1)(b); 3007(2); 3009(1); and 3604(8).

Assessment of public comment: No public comment was received.

Section 52.21 of the Commissioner's Regulations, regarding accreditation of teacher preparation programs

Justification for continuation without modification: Teacher preparation programs are required to achieve accreditation by a professional education accrediting association acceptable to the department or by the regents accreditation process. The rule established a one-time process through which existing teacher education programs may defer the date by which they must be accredited.

Legal basis for rule: Education Law sections 207 (not subdivided); 210 (not subdivided); 215 (not subdivided); 305(1) and (2); 3001(2); and 3004(1).

Assessment of public comment: No public comment was received.

Sections 3.46 & 3.58 of the Regents Rules, regarding proprietary colleges

Justification for continuation without modification: The rule strengthened the oversight of proprietary colleges in New York State to ensure high standards of quality.

Legal basis for rule: Education Law sections 207 (not subdivided); 210 (not subdivided); 215 (not subdivided); 216 (not subdivided); 218(1) and (2); 224(1)(a) and (b); and section 137 of Chapter 82 of the Laws of 1995.

Assessment of public comment: No public comment was received.

OFFICE OF THE PROFESSIONS

Sections 61.2 & 61.18 of the Commissioner's Regulations, regarding dental licensure

Justification for continuation without modification: This rule implements a statutory requirement. As the statute remains in effect, the rule should do so also.

Legal basis for rule: Sections 207 (not subdivided); 6506(1); 6507(2)(a); 6601 (not subdivided); 6604(3) and (4) of the Education Law; and Section (3) of Chapter 76 of the Laws of 2004.

Assessment of public comment: None received.

Section 71.3 of the Commissioner's Regulations, regarding certified shorthand reporting

Justification for continuation without modification: This rule is needed to align examination requirements with standard practice in this field, which requires certified shorthand reporters to produce transcripts of their shorthand notes through the use of typewriters or other transcription equipment. The rule is also necessary to create a testing environment that is reflective of the current widespread use of computer-assisted dictation equipment in the practice of certified shorthand reporter.

Legal basis for rule: Education Law sections 207 (not subdivided); 6504 (not subdivided); 6506(1); 6507(2)(a) and (3)(a); and 7504(4).

Assessment of public comment: None received.

Sections 52.36, 52.37, 52.38, 79-13, 79-14 and 79.15 of the Commissioner's Regulations, regarding clinical laboratory technology practitioners

Justification for continuation without modification: These regulations were adopted to implement the educational program components of the clinical laboratory practitioners law. As the law remains in effect, it is necessary to retain the regulations that implement the law.

Legal basis for rule: Education Law sections 207 (not subdivided); 210 (not subdivided); 212(3); 6501 (not subdivided); 6504 (not subdivided); 6507(2)(a), (3)(a), and (4)(a); 6508(1); 8605(1)(b) and (c) and (2) (b) and (c); 8606(2) and (3); 8607(1) and (2); and 8608.

Assessment of public comment: None received.

Section 64.4 of the Commissioner's Regulations, regarding nurse practitioner

Justification for continuation without modification: This amendment was intended to phase out the use of alternative criteria for the certification of nurse practitioners in additional specialty areas of practice. Such alternative criteria were intended to provide a temporary route to certification for certain nurses who were employed in the specialty area prior to the effective date of the nurse practitioner statute. The alternative criteria are no longer needed, and the amendment strengthened the educational preparation of nurse practitioners.

Legal basis for rule: Education Law sections 207 (not subdivided); 6504 (not subdivided); 6507(2)(a) and (3)(a); 6902(3)(a); and 6910(1)(c) and (5).

Assessment of public comment: None received.

Section 79-1.5 of the Commissioner's Regulations, regarding landscape architecture

Justification for continuation without modification: Education Law Section 7328, which requires landscape architects to participate in continuing education, remains in effect. Accordingly, section 79-1.5 of the Commissioner's Regulations, which sets forth the implementing regulations, should remain in effect as well.

Legal basis for rule: Education Law sections 207 (not subdivided); 212(3); 6504 (not subdivided); 6507(2)(a); and 7328(1), (2), (3), (4), (5), and (6).

Assessment of public comment: None received.

Sections 52.13, 70.1 and 70.4 of the Commissioner's Regulations, regarding public accountancy education and endorsement

Justification for continuation without modification: The rule is necessary to streamline the registration of professional education programs in public accountancy by eliminating repetitive provisions that appear in other sections of the rules. The rule also recognizes accredited college and university accountancy programs that are equivalent to New York registered programs and it removes coursework specificity that otherwise placed additional burdens on those individuals educated outside New York. The rule is also necessary to match the experience requirement for New York's endorsement of an out of state CPA license to the national standard.

Legal basis for rule: Education Law sections 207 (not subdivided); 210 (not subdivided, 6506(1) and (6); 6507(2)(a), (3)(a), and (4)(a); and 7404 (1)(2) and (2).

Assessment of public comment: None received.

Sections 29.17 and 77.9 of the Commissioner's Regulations, regarding physical therapy

Justification for continuation without modification: The rule is needed to implement the requirements of Education Law section 6731(d) by defining the experience requirement that a licensed physical therapist must meet to provide treatment without a referral, clarifying the content of the notice of advice provided to a patient prior to treatment without a referral, and establishing a definition of unprofessional conduct relating to such practice.

Legal basis for rule: Education Law sections 207 (not subdivided); 6504 (not subdivided), 6506(1), 6507(2)(a), 6509(9), and 6731(d).

Assessment of public comment: none received.

OFFICE OF CULTURAL EDUCATION

Sections 185.5, 185.13 and 185.14 of the Commissioner's Regulations, regarding records retention

Justification for continuation without modification: the rule substantially revises schedules CO-2 and MI-1 since they were last issued in 2002. The major revisions in both schedules are new Community College sections appearing in each, authorizing the disposition of records held by New York's community colleges. In addition to updating the community college sections of the two schedules, other sections in Schedules CO-2 and MI-1 have also been updated based on changes to record keeping systems since the 2002 editions. The rule makes necessary changes and additions in order to update Records Retention and Disposition Schedule CO-2 and Records Retention and Disposition Schedule MI-1.

Legal basis for rule: Education Law sections 207 (not subdivided) and Arts and Cultural Affairs Law section 57.25(2).

Assessment of public comment: none received.

Section 90.12 of the Commissioner's Regulations, regarding State aid for library construction

Justification for continuation without modification: the rule prescribes eligibility requirements and criteria for applications for state aid for library construction, and conforms the Commissioner's Regulations to changes to Education Law section 273-a. The rule is needed to ensure that the Commissioner's Regulations are in compliance with changes to Education Law section 273-a. Chapter 572 of the Laws of 2003 amended section 273-a to change the funding year from one year to three years and the payment year from 'January 1 through December 31' to 'July 1 through June 30.' Section 4 of Part O of Chapter 57 of the Laws of 2005 amended section 273-a to change the payment schedule from a 50/40/10 percent basis to a 90/10 percent basis. The rule also permits libraries greater flexibility in applying for grant funds. Projects that are not completed but are more than 60 percent complete are now eligible for funding. Projects that will not be ready to start for up to 180 days are now eligible for funding, as opposed to 90 days previously. CR 90.12 was last amended in 2007 to accommodate amendments to Education Law 273-a per Chapter 57 of the Laws of 2007.

Legal basis for rule: Education Law sections 207 (not subdivided), 215 (not subdivided) and 273-a(5) and section 1 of Chapter 53 of the Laws of 2006.

Assessment of public comment: none received.

OFFICE OF OPERATIONS AND MANAGEMENT SERVICES

Section 3.2 of the Regents Rules, regarding Quality Committee name and responsibilities

Justification for continuation without modification: the rule reflects a change in the Regents standing committee structure that replaced the Committee on Quality and established a new Committee on Policy Integration and Innovation. The rule reflects the committee name change and also prescribes the functions of the committee.

Legal basis for rule: Education Law section 207 (not subdivided).

Assessment of public comment: none.

b. Calendar Year 2001

OFFICE OF P-12 EDUCATION

Section 7.1 of the Regents Rules and section 135.4 of the Commissioner's Regulations, regarding professional coaching certificates

Statutory authority: Education Law sections 101, 207, 212(3), 305(1) and (2), 803(5), 3006(1)(b) and (2)(a)(iii) and 3204(2).

Justification for continuation without modification: The rule is necessary to comply with Regents policy. The rule provides flexibility to school districts to hire the most qualified candidates for interschool athletic coaching positions and to create a stable pool of qualified non-teacher coaching candidates to offset decreases in qualified certified teacher coaching candidates caused by teacher retirements.

Section 7.1 of the Regents Rules and section 135.4 of the Commissioner's Regulations establish a professional coaching certificate that is valid for three years to a candidate who has completed the first aid requirements as set forth in section 135.4 of the Commissioner's Regulations and three course requirements established for coaching by the State Education Department, and has a minimum of three years coaching experience in a specific sport in a New York State interschool athletic program. The professional coaching certificate may be renewed for an additional three-year period if the candidate meets the requirements of section 135.4 and has received a satisfactory evaluation by the principal or athletic director for each of the preceding three years that the candidate coached in the specific sport.

Assessment of public comment: No public comment received.

Part 57 and section 100.2(dd)(2) of the Commissioner's Regulations, regarding training in school violence prevention and intervention

Statutory authority: Education Law sections 101, 207, 305(1) and (2) and 3004(3) and section 9 of Chapter 181 of the Laws of 2000.

Justification for continuation without modification: The rule is necessary to comply with the Safe Schools Against Violence in Education Act signed into law in July 2000. The rule establishes standards for Department approval of providers of course work or training in school violence prevention, and requires school districts to include such training in their professional development plans.

Part 57 and section 100.2(dd)(2) of the Commissioner's Regulations establish standards for Department approval of providers of coursework or training in school violence prevention and intervention and require school districts and BOCES to include in their professional development plans provisions for training of employees holding a teaching certificate or license in the classroom teaching service, school service, or administrative and supervisory service in school violence prevention and intervention.

Assessment of public comment: No public comment received.

Section 100.2(hh) of the Commissioner's Regulations, regarding reporting of Child Abuse in an educational setting

Statutory authority: Education Law sections 101, 207, 305(1) and (2), 1125(6), 1128(1), (2) and (3), 1128-a(1) and (2), 1132(2) and 3028-b and sections 12 and 13 of Chapter 180 of the Laws of 2000.

Justification for continuation without modification: The rule is necessary to implement Chapter 180 of the Laws of 2000. Section 100.2(hh) of the Commissioner's Regulations requires school administrators and superintendents, upon receipt of a written report alleging that a child has been abused in an educational setting, to promptly provide the parent of the child with a written statement setting forth parental rights, responsibilities and procedures, and requires each school district and BOCES to establish and implement on an ongoing basis a training program regarding the procedures for reporting of child abuse in an educational setting for all current and new teachers, school nurses, school counselors, school psychologists, school social workers, school administrators, other personnel required to hold a teaching or administrative certificate or license, and school board members. Section 100.2(hh) of the Commissioner's Regulations was further modified to clarify that charter schools must also comply with these provisions.

Assessment of public comment: No public comment received.

Section 100.5 and 100.2 of the Commissioner's Regulations, regarding Career and Technical Education programs and high school diploma requirements

Statutory authority: Education Law sections 101, 207, 208, 209, 215, 305(1) and (2), 308, 309 and 3204(3).

Justification for continuation without modification: The rule is necessary to implement Regents policy. The rule establishes criteria by which school districts and BOCES may operate career and technical education programs approved by the Commissioner and award high school diplomas to students who successfully complete such programs. Approved programs will provide students pursuing career and technical education programs with flexibility in attaining required units of credit for graduation and will provide for a technical endorsement on a Regents diploma, Regents diploma with advanced designation or a local diploma upon completion of an approved program. The rule is also necessary to correct certain technical errors concerning the units of credit requirement for mathematics and certain citation errors.

Section 100.5 and 100.2 of the Commissioner's Regulations create a process of program approval for career and technical education programs that will allow flexibility in the attainment of graduation requirements; provide for a diploma with a technical endorsement to be awarded to students who successfully complete certain requirements, including an industry-developed technical assessment of skills in a specific technical field; and correct technical errors concerning the units of credit for mathematics to meet graduation requirements.

Assessment of public comment: No public comment received.

Section 100.5(a)(5) and (b)(7) of the Commissioner's Regulations, regarding the State assessment system and diploma requirements for students with disabilities

Statutory authority: Education Law sections 101, 207, 208, 209, 305(1) and (2), 308, 309, 3204(3) and 4403(3).

Justification for continuation without modification: The rule is necessary to implement Regents policy relating to State learning standards, State assessments and graduation and diploma requirements, to provide additional time to gather data on how students with disabilities are performing on required Regents examinations, including the effect of multiple tests, to increase the participation of students with disabilities in the general education curriculum, and to study the impact of academic intervention services for these students. In December 2003, the Board of Regents again amended section 100.5 to extend for an additional four years the provision permitting students with disabilities who fail one or more of the Regents examinations required for high school graduation, to meet local diploma requirements by passing the respective Regents Competency Tests or their equivalent in these subject areas. In July 2005, the Board of Regents adopted an amendment to section 100.5 to provide an additional safety net for all students with disabilities entering grade 9 in the 2005-06 school year, by allowing students with disabilities to meet local diploma requirements by achieving a passing score of 55-64 on the five required Regents examinations to meet local diploma requirements.

Section 100.5(a)(5) and (b)(7) of the Commissioner's Regulations extended for four years the existing provisions that permit students with disabilities who enter grade nine in or after September 2001 and prior to September 2005, and who fail one or more of the Regents examinations in English, mathematics, United States history and government, global history and geography, and science required for high school graduation, to meet local diploma requirements by passing the respective Regents Competency Tests or their equivalent in these subject areas.

Assessment of public comment: No public comment received.

Sections 100.13 and 175.43 of the Commissioner's Regulations, regarding requirements and calculations for operating standards aid

Statutory authority: Education Law sections 207 and 3602(38) and section 31 of Part A of Chapter 60 of the Laws of 2000.

Justification for continuation without modification: The rule is necessary to comply with Chapter 60 of the Laws of 2000. Sections 100.13 and 175.43 of the Commissioner's Regulations identify the calculation used to determine whether school districts qualify for additional Operating Standards Aid, provided to recognize improvement in meeting Regents higher learning standards.

Assessment of public comment: No public comment received.

Section 104.1 of the Commissioner's Regulations, regarding pupil attendance recordkeeping

Statutory authority: Education Law sections 101, 207, 305(1) and (2), 3024, 3205(1), (2) and (3), 3210(1) and (2) and 3211(1).

Justification for continuation without modification: The rule is needed to implement Regents policy to ensure effective school attendance programs by requiring that schools collect data through accurate attendance recordkeeping, and analyze attendance data to identify individual and group patterns so as to provide programs and services that will assist each student to successfully meet higher academic standards. Section 104.1 of the Commissioner's Regulations requires each school district, BOCES, charter school, and county vocational educational extension board to adopt a comprehensive attendance policy; keep records of each pupil's presence, absence, tardiness and early departure in a register of attendance; record attendance of students in non-departmentalized kindergarten through grade 8 once per school day; record attendance in each period of scheduled instruction of students in grades 9-12 or in departmentalized schools at any grade level; record absences as excused or unexcused; establish local policy regarding student attendance and the awarding of course credit; annual review student attendance records and make revisions to the comprehensive attendance policy that are deemed necessary; and provide parents or persons in parental relation a summary of the attendance policy and each teacher with a copy of the attendance policy.

Assessment of public comment: No public comment received.

Section 110.6 of the Commissioner's Regulations, regarding summer school programs

Statutory authority: Education Law sections 101, 207, 305(1) and (2), 308, 309 and 3602(39) and section 32 of Chapter 60 of the Laws of 2000.

Justification for continuation without modification: The rule is necessary to implement Chapter 60 of the Laws of 2000. The rule establishes standards for the receipt of State aid for summer school programs and summer camp programs pursuant to Education Law section 3602(39), as added by section 32 of Chapter 60 of the Laws of 2000. Section 110.6 of the Commissioner's Regulations establishes standards relating to aid for summer school programs and summer camp programs; provides aid to summer school programs designed to improve student performance in required academic subjects, to prepare students for Regents examinations, and to prepare students to retake parts of the Regents examinations; and provides aid to summer camps designated by the Chancellor of the New York City School District that provide summer school services for at least three hours per day by a certified teacher.

Assessment of public comment: No public comment received.

Section 155.22 of the Commissioner's Regulations, regarding Qualified Zone Academy Bonds

Statutory authority: Education Law sections 101, 207, 305(1) and (2) and 26 USC section 1397E.

Justification for continuation without modification: the rule establishes procedures for the reallocation of unused or unclaimed State limitation amount allocations of Qualified Zone Academy Bonds (QZABs). The rule is needed to establish a method for the Commissioner to reallocate any unused or unclaimed amounts of the State limitation amount for the issuance of QZABs so that such amounts may be applied towards qualified projects who otherwise would not be eligible to receive them. The rule was subsequently amended in March 2011 to provide special allocation requirements for charter schools.

Assessment of public comment: No public comment received.

Section 155.23 of the Commissioner's Regulations, regarding multi-year cost allowance for school district building aid

Statutory authority: Education Law sections 207 and 3602(6) and section 5 of Part A of Chapter 60 of the Laws of 2000.

Justification for continuation without modification: Section 155.23 of the Commissioner's Regulations establishes the methodology school districts and BOCES must apply when establishing a multi-year cost allowance for computation of building aid and the procedures to appeal the determination. The rule is necessary to comply with Chapter 60 of the Laws of 2000, which requires the Commissioner to promulgate regulations prescribing the methodology for establishing a multi-year cost allowance for the purpose of computation of building aid to school districts and to establish procedures for school districts to appeal a determination that a building has not been adequately maintained.

Assessment of public comment: No public comment received.

Section 155.24 of the Commissioner's Regulations, regarding school pesticide neighbor notification

Statutory authority: Education Law sections 101, 207, 305(1) and (2), 409(1) and 409-h(1) - (3) and section 6 of Chapter 285 of the Laws of 2000.

Justification for continuation without modification: The rule is necessary to implement Education Law section 409-h, as added by Chapter 285 of the Laws of 2000, by establishing the process by which the statue is implemented, including provisions relating to State notification and withholding of State aid with respect to a school's noncompliance with the statute.

Section 155.24 of the Commissioner's Regulations requires public school districts, nonpublic elementary and secondary schools, and BOCES to establish a pesticide notification procedure to provide information to staff who regularly work at school facilities, and to persons in parental relation to children regularly receiving instruction at school facilities, to inform them that pesticide products may be used periodically throughout the school year and how to register to receive 48-hour advance notification of certain applications. The rule also establishes a procedure for individuals to notify the State Education Department of any school's failure to comply with these requirements and authorizes the Commissioner to withhold State aid if schools fail to adopt notification procedures or otherwise fail to implement these requirements.

Assessment of public comment: No public comment received.

Section 170.3(k) of the Commissioner's Regulations, regarding career education instructional equipment reserve fund

Statutory authority: Education Law sections 207 and 1950(4)(ee).

Justification for continuation without modification: Section 170.3(k) of the Commissioner's Regulations establishes procedures for the establishment, use, maintenance and liquidation of BOCES career education instructional equipment reserve funds. The rule is necessary to be consistent with Education Law section 1950(4)(ee).

Assessment of public comment: No public comment received.

Section 175.10 of the Commissioner's Regulations, regarding statute of limitations on State aid payments

Statutory authority: Education Law sections 207 and 3602(6).

Justification for continuation without modification: Section 175.10 of the Commissioner's Regulations changes the requirement for submitting claims for building aid so that it is consistent with other statute of limitation requirements for all State aid claims. The rule eliminates an inconsistency for submission of State aid claims for building aid, by requiring more timely annual submissions, consistent with current statute of limitation requirements for other State aid claims.

Assessment of public comment: No public comment received.

Sections 200.1, 200.2, 200.5 and 200.21 of the Commissioner's Regulations, regarding the impartial hearing process for students with disabilities

Statutory authority: Education Law sections 101, 207, 4403(3), 4404(1) and 4410(13).

Justification for continuation without modification: The rule is needed to ensure that impartial hearings are conducted in a timely manner consistent with Federal requirements by individuals who have the necessary and appropriate procedural and content knowledge and background to conduct an impartial hearing related to special education.

The rule establishes requirements relating to the impartial hearing process for students with disabilities, including the qualifications of impartial hearing officers, procedures for the appointment of an impartial hearing officer, procedures to conduct the hearing, data reporting requirements and procedures for the suspension or revocation of the impartial hearing officer determination.

Section 200.1(x) was amended, regarding the definition of "impartial hearing officer" and the officer's qualifications. This section was subsequently amended pursuant to a separate rule making in September 2001 to conform to the Individuals with Disabilities Education Improvement Act (IDEA). In 2005, the rule was again amended to conform to the IDEA and further amended in 2007 to make a technical correction.

Section 200.2(b) was amended to provide that the board of education is responsible for administrative procedures to appoint an impartial hearing officer.

Section 200.2(e) was amended to establish procedures for the timely and impartial appointment of impartial hearing officers. The rule was amended in 2005 to correct a cross citation, and further amended in 2007 to make a technical correction.

The amendment to section 200.5(i): (1) added that parental request for impartial hearings must be in writing; (2) clarified that school districts or parents may initiate an impartial hearing; (3) relocated language within regulation regarding board of education responsibilities to impartially appoint hearing officers using a rotational list, rescinding an impartial hearing officer and their reporting requirements to section 200.5; (4) required that impartial hearing officers only accept appointment if available to initiate the hearing within the first 14 days of being contacted; (5) established a five day rule for disclosing information at a hearing; (6) established a timeline for rendering and mailing a decision when an extension has been granted; and (7) required the impartial hearing officer's decision to include a statement that either party has the right to appeal the decision. The rule was subsequently amended in 2004, 2005 and 2007 to conform State regulations relating to impartial hearings consistent with the IDEA and its implementing regulations (34 CFR Part 300) and to re-letter section 205(i) to section 200.5(j).

The amendment to section 200.21(b): (1) required that complaints regarding impartial hearing officers be made in a signed written statement to the Commissioner and contain documentation of the facts upon which the complaint is based; (2) established a process by which the investigation must occur; and (3) established actions the Commissioner may take when misconduct is determined, including suspension and revocation of hearing officer certification.

Assessment of public comment: No public comment received.

Sections 200.1-200.7, 200.13, 200.16, 201.7, 201.11, 276.1, 279.3, 279.8 and 100.6 of the Commissioner's Regulations, regarding conforming and technical amendments to implement IDEA

Statutory authority: Education Law sections 101, 207, 3214(3), 4403(3) and (20), 4404(1) and (2) and 4410(13).

Justification for continuation without modification: The rule is needed to conform the Commissioner's Regulations to the federal regulations implementing IDEA, and strengthen the link between transition services and a student's movement from school to post-school activities and correct certain cross-citations.

The rule relates to definitions; board of education responsibilities; membership on Committees on Special Education; procedures for referral, evaluation, Individualized Education Program (IEP) development, placement and review; due process procedures; continuum of services; students with disabilities being educated in private schools and State operated or State supported schools; educational programs for students with autism; educational programs for preschool students with disabilities; general procedures for suspensions and removals of students with disabilities; expedited due process hearings; procedures for appeals to the State Review Office; rules of practice; and local certificates.

Section 200.1(dd) and (zz)(8) were amended regarding, respectively, the definition of "mediator" and "multiple disabilities." The rule was subsequently amended in 2003 and 2005 to conform to the definition of "mediator" consistent with the IDEA.

Section 200.2(e)(1) was amended to replace the requirement that boards of education establish a list of the resumes of each impartial hearing officer with a requirement that boards of education establish a list that includes a statement of the qualification of each impartial hearing officer. The rule is needed to ensure that boards of education are appointing impartial hearing officers who have been certified through the State Education Department. The rule was subsequently amended in 2005 to correct a cross citation.

Section 200.3 was amended to clarify that the determination of knowledge or special expertise of persons appointed to be members of committees on special education, committees on preschool special education, and subcommittees on special education shall be made by the party who invited the individual to be members of the committee. The rule is needed to ensure compliance with 34 CFR section 300.321.

Section 200.4(b)(1) was amended to require that the individual evaluation of a referred preschool child be initiated by a committee on preschool special education and include a variety of assessment tools to gather relevant and functional data about the student and information related to enabling a preschool child to participate in appropriate activities. The rule is needed to conform State regulations to 34 CFR sections 300.304 and 300.306 and clarify that a variety of assessment tools are needed when evaluating a preschool child.

Section 200.4(b)(4) was amended to clarify that a committee on special education shall arrange for an appropriate reevaluation of each student with a disability if conditions warrant a reevaluation or if the student's parent or teacher requests a reevaluation, but at least once every three years by a multidisciplinary team or group of persons. This provision was subsequently amended pursuant to a separate rule making, effective September 13, 2005, to conform to IDEA to provide that unless the parties agree, a reevaluation could not occur more frequently than once per year and at least every three years. The rule is needed to conform State regulations to 34 CFR 300.303. The rule was further amended in 2008 to conform State regulations consistent with the IDEA to allow written agreements between a parent and school district that a reevaluation is unnecessary.

Section 200.4(b)(6) was amended to add language requiring that materials and procedures used to assess a student with limited English proficiency measures the extent to which the student has a disability and needs special education, rather than measure the student's English language skills. This provision was subsequently amended pursuant to a separate rule making, effective September 13, 2005, to conform to the IDEA regarding the procedures used to assess a student with limited English proficiency.

Section 200.4(c)(4) was amended to clarify that a free appropriate public education must be available to any student with a disability who needs special education or related services, even though the student is advancing from grade to grade. The rule is needed to conform State regulations to 34 CFR section 300.101.

Section 200.4(d)(2)(i)(c) to add language requiring that present levels of performance for students, age 15 or younger if determined appropriate, include a statement of the student's needs taking into account the student's preferences and interests, as they relate to transition from school to post-school activities. This provision was subsequently amended pursuant to a separate rule making, effective September 13, 2005, to conform to IDEA to include other transition related components to the IEP. The rule is needed to strengthen the Department's ability to ensure compliance in the area of transition, consistent with CFR sections 300.43 and 300.320.

Section 200.4(d)(2)(ix) adds language that requires that individualized education program recommendations include a statement of the student's projected post-school outcomes, based on the student's needs, preferences and interests, in the areas of employment, post secondary education and community living. This provision was subsequently amended pursuant to a separate rule making, effective September 13, 2005, to conform to IDEA to include several other transition related components in the IEP. The rule is needed to strengthen the Department's ability to ensure compliance in the area of transition, consistent with CFR sections 300.43 and 300.320.

Section 200.4(e)(7) was amended to require school districts to provide special education and related services in accordance with the student's IEP and make a good faith effort to assist the student to achieve the goals and objectives or benchmarks listed in the student's IEP. This provision was subsequently amended pursuant to a separate rule making, effective September 13, 2005, to conform to IDEA to repeal objectives or benchmarks for certain students with disabilities.

Section 200.4(f) was amended to require that for any meeting to develop, review or revise the IEP, the committee must consider the strengths of a student, the concerns of the parents for enhancing the education of their child, the results of the initial or most recent evaluation of the student, the result of the student's performance on assessments and other special factors and revise the IEP as appropriate upon consideration of those factors. The rule is needed to conform State regulations to 34 CFR section 300.324. The rule was subsequently amended in 2005 to conform State regulations consistent with the IDEA and to make technical changes and re-number the provisions of this section.

Section 200.5(b) was amended to: (1) repeal language stating that parental consent is not required for a functional behavioral assessment; (2) add language allowing school districts to continue to pursue initial evaluations or reevaluations using the due process procedures if parents of students with disabilities refuse consent; and (3) add language clarifying that a school district may not use a parent's refusal to consent to one service or activity to deny the parent or child any other service, benefit or activity of the school district. The rule is needed to conform to 34 CFR 300.300. The rule relating to parent consent was subsequently amended in 2005, 2007 and 2009 consistent with the IDEA and its implementing regulations (34 CFR Part 300).

Section 200.5(d)(3) was amended to clarify that a school district may conduct a CSE meeting without a parent in attendance, if they are unable to convince the parent to attend, and that the school must keep detailed records of its attempts to contact a parent and the results of those attempts. The rule is needed to conform to 34 CFR sections 300.322, 300.503 and 300.300.

Section 200.5(h)(4) was amended to clarify that mediation is provided by community dispute resolution centers through a contract with the State Education Department. The rule is needed to conform to 34 CFR section 300.506.

Section 200.5(i)(4) was amended to clarify that except for preschool and expedited hearings, an impartial hearing officer shall render a decision, and mail a copy of the written, or at the option of the parent, electronic findings of fact and the decision to the parents, the board of education, and to the Office of Vocational and Educational Services for Individuals with Disabilities; and that the record of the findings of fact and the decision shall be provided at no cost to the parents. The rule is needed to conform to 34 CFR sections 300.511 and 300.512. The rule was subsequently amended in 2004 to correct a cross citation; in 2005, to re-letter section 200.5(i)(4) to section 200.5(j)(5); in 2007, to correct a cross citation; and in 2010, to make a technical amendment to change "VESID" to the Office of Special Education.

Section 200.5(j) was amended to: (1) clarify that any party aggrieved by the finding of fact and the decisions of an impartial hearing officer may appeal to a State review officer of the State Education Department; (2) require that a copy of the written decision of a State review officer, or at the option of the parents, electronic findings of fact and decision, be mailed to each of the parties; and (3) clarify that the State review officer may grant extensions beyond the specified time period to either party. The rule is needed to conform to 34 CFR sections 300.512, 300.514 and 300.515. The rule was subsequently amended in 2005 to re-letter section 200.5(j) to section 200.5(k).

Section 200.5(k)(1)(iii)(a) was amended to clarify that a complaint must be received within one year of the date of the alleged violation, except upon the finding that a longer period is reasonable because the violation is continuing or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date that the written complaint is received. The rule is needed to conform to 34 CFR sections 300.504 and 300.153. The rule was subsequently amended in 2005 to re-letter section 200.5(k) to section 200.5(l), and further revised in 2007 to conform State compliant procedures consistent with the IDEA and its implementing regulations (34 CFR Part 300) to remove the exception to the one year statute of limitations.

Section 200.5(m)(3)(iv) was amended to require that a surrogate parent be assigned to a student for as long as a surrogate parent is required. The rule is needed to conform to 34 CFR section 300.519. The rule was subsequently amended in 2005 to re-letter section 200.5(m) to section 200.5(n).

Section 200.6(g)(8) and section 200.13(d) were amended to change the term "parent counseling or education" to "parent counseling and training" as defined in section 200.1. The rule is needed to conform to 34 CFR section 300.34.

Section 200.7(b)(3) establishes that the content of a school conduct and discipline policy for an approved private school, a State-operated school or a State-supported school be consistent with the provisions of subparagraphs (a-d), (f) and (g) of paragraph (1) of section 100.2(l). The rule is needed to conform to the Save Schools Against Violence (SAVE) legislation.

Section 200.16(c)(3) was amended to repeal language that allowed committees, prior to making any recommendation to place a preschool child in an approved program owned or operated by the agency which conducted the initial evaluation, to inform parents that the committee cannot proceed with the process to review the child's needs within the established timelines until an additional evaluation has been completed. The rule is needed to conform to 34 CFR 300.323 and 300.324.

Section 200.16(h)(3)(iii) was amended to clarify that special classes for preschool students are to be provided on a half-day or full-day basis pursuant to sections 200.1(p), (q) and (v). The rule is necessary to standardize and simplify the rate setting and preschool approval process, consistent with 34 CFR section 300.101. The rule was subsequently amended in 2005 to re-letter section 200.5(h) to section 200.5(i).

Section 201.7(b) was amended to clarify that the trustees or the board of education of any school district, a district superintendent of schools or a building principal with authority to suspend a student pursuant to Education Law section 3214(3)(b) and (g) have authority to order placement of a student with a disability into an appropriate interim alternative educational setting. The rule is necessary to conform to SAVE legislation.

Section 201.11(a)(3) established that in reviewing a decision with respect to the manifestation determination, an impartial hearing officer must determine whether the school district has demonstrated that the student's behavior was not a manifestation of the student's disability consistent with the requirements of section 201.4 of this Part. The rule was subsequently amended in 2007 consistent with the IDEA and its implementing regulations (34 CFR Part 300) to repeal this requirement.

Section 201.11(c) was amended to require an impartial hearing officer to mail a copy of the written, or at the option of the parents, electronic findings of fact and decisions to the parents, to the board of education, and to the Office of Vocational and Educational Services for Individuals with Disabilities (VESID) of the State Education Department. The rule is needed to conform to 34 CFR section 300.512. The rule was subsequently amended in 2007 consistent with the IDEA and its implementing regulations (34 CFR Part 300) and the provisions of this rule were re-numbered as section 201.11(b)(5). The rule was further amended in 2010 to make a technical amendment to change "VESID" to the Office of Special Education.

Section 276.1(c) was amended to make technical corrections as a result of amendments to other sections of the regulations.

Section 279.3, as amended: (1) repealed language allowing a State Review Officer to base his or her decision on statements contained in a petition, which are deemed to be true, if an answer to the allegations in a petition is not served and filed according to the provisions of such regulations; and (2) authorized a State Review Officer to make a decision, that is considered final unless an aggrieved party seeks judicial review.

Section 279.8, as amended: (1) repealed language stating that oral argument before a State review officer is not permitted; (2) added language giving a State Review Officer the authority to determine if oral argument is necessary and to direct that such argument be heard at a time an place reasonably convenient to the parties; (3) authorized the State Review Officer to seek additional oral testimony or documentary evidence if determined necessary; (4) clarified that hearings to take additional evidence will be conducted before a State Review Officer at a time and place reasonably convenient to both parties; and (5) ensures that the procedures at such hearings are consistent with the due process requirements of section 200.5(j)(3).

Section 100.6 was amended to make technical corrections to cross citations related to the definition of a student with a disability and to local certificates.

Assessment of public comment: No public comment received.

Sections 200.2 and 200.5 of the Commissioner's Regulations, regarding procedures for appointment of impartial hearing officers

Statutory authority: Education Law sections 101, 207, 4403(3), 4404(1) and 4410(13).

Justification for continuation without modification: The rule is necessary to ensure the timely conduct of impartial hearings as required by the federal IDEA.

The rule establishes the time period for the board of education to appoint the impartial hearing officer and to ensure the State Education Department has the data to monitor the initiation and completion of impartial hearings.

Section 200.2(e) established additional procedures for boards of education to follow when appointing and rescinding appointments of impartial hearing officers and established hearing reporting procedures. The rule was subsequently amended in 2002.

Section 200.5(i)(3)(i), as amended: (1) established that the board of education appoint an impartial hearing officer no later than five business days after receipt of the request for the hearing; (2) provided the board of education the authority to designate member(s) to appoint the impartial hearing officer; and (3) relocated language regarding rescinding the impartial hearing officer's appointment. The rule relating to the impartial hearing process for students with disabilities was subsequently amended in 2004, 2005 and 2007 to conform State regulations consistent with the IDEA and its implementing regulations (34 CFR Part 300) and to re-letter section 200.5(i) to section 200.5(j).

Assessment of public comment: No public comment received.

Sections 200.4 and 200.7 of the Commissioner's Regulations, regarding technical amendments to conform to State and federal requirements

Statutory authority: Education Law sections 101, 207, 4401-a(2) and 4403(3).

Justification for continuation without modification: The rule is needed to conform the Commissioner's Regulations to State and federal requirements and to correct certain cross citations.

The rule enacts technical amendments relating to the information that must be included in the written referral of a student suspected of having a disability and corrects certain cross citations.

Section 200.4(a) was amended to require that a referral include a written description of the interventions and strategies used to remediate the student's performance prior to referral. The rule also provides that the building administrator may request a meeting with the parents to determine if the referred student would benefit from other services designed to meet the learning needs of the student while maintaining the student in general education. The rule was amended in 2008 to establish procedures for referrals and requests for referrals for an initial evaluation of a student for special education services, consistent with Chapter 378 of the New York State Laws of 2007 and the IDEA.

Section 200.4(d)(2)(iv) and section 200.7(d)(1)(ii) were amended to correct certain cross citations.

Assessment of public comment: No public comment received.

OFFICE OF ADULT CAREER AND CONTINUING EDUCATION SERVICES (ACCES)

Part 247 of the Commissioner's Regulations, regarding conforming and technical amendments pertaining to the vocational rehabilitation program

Statutory Authority: Education Law sections 101, 207, and 1004(1).

Justification for continuation without modification: The rule is needed to conform to federal requirements. The rule enacts technical changes to conform the Commissioner's Regulations relating to the State vocational rehabilitation program to Title I of the Rehabilitation Act, as reauthorized by Public Law 105-22, and the federal regulations promulgated under such Act. This rule should continue without modification, as federal requirements for the vocational rehabilitation program have not been amended.

Assessment of public comment: no public comment received.

Sections 168.1, 168.2 and 168.6 of the Commissioner's Regulations, regarding Employment Preparation Education programs

Statutory authority: Education Law sections 101, 207 and 3602(24)(a-1) and section 23 of Chapter 60 of the Laws of 2000.

Justification for continuation without modification: The rule is necessary to comply with Chapter 60 of the Laws of 2000. Sections 168.1, 168.2 and 168.6 of the Commissioner's Regulations establish criteria by which failure to demonstrate basic educational competencies is to be determined for the purpose of determining Employment Preparation Education Aid to enable school districts and BOCES to provide educational services to adults with limited basic skills who have previously been precluded from participating in the program. These Sections of Commissioner's Regulations are under the guidance of the Office of Adult Career and Community Education Services.

Assessment of public comment: no comments received.

OFFICE OF STATE REVIEW

Sections 279.3, 279.8 and 100.6 of the Commissioner's Regulations, regarding conforming and technical amendments to implement IDEA

Statutory authority: Education Law sections 101, 207, 3214(3), 4403(3) and (20), 4404(1) and (2) and 4410(13).

Justification for continuation without modification: The rule is needed to conform the Commissioner's Regulations to the federal regulations implementing the Individuals with Disabilities Education Act, and strengthen the link between transition services and a student's movement from school to post-school activities and correct certain cross-citations. The rule continues to conform the Regulations with the federal Individuals with Disabilities Education Act (IDEA) and 34 CFR section 300.515, by facilitating compliance with the timelines for issuing a decision by a State Review Officer.

Section 279.3, as amended: (1) repealed language allowing a State Review Officer to base his or her decision on statements contained in a petition, which are deemed to be true, if an answer to the allegations in a petition is not served and filed according to the provisions of such regulations; and (2) authorized a State Review Officer to make a decision, that is considered final unless an aggrieved party seeks judicial review.

Section 279.8, as amended: (1) repealed language stating that oral argument before a State review officer is not permitted; (2) added language giving a State Review Officer the authority to determine if oral argument is necessary and to direct that such argument be heard at a time an place reasonably convenient to the parties; (3) authorized the State Review Officer to seek additional oral testimony or documentary evidence if determined necessary; (4) clarified that hearings to take additional evidence will be conducted before a State Review Officer at a time and place reasonably convenient to both parties; and (5) ensures that the procedures at such hearings are consistent with the due process requirements of section 200.5(i)(3).

Assessment of public comment: no comments received.

OFFICE OF HIGHER EDUCATION

Section 80-1.11 and Part 87 of the Commissioner's Regulations, regarding fingerprinting and criminal history check of prospective school employees and applicants for teaching certification

Statutory authority: Education Law sections 207, 305(3)(a) and (b), 1604(39) and (40), 1709(39) and (40), 1804(9) and (10), 1950(4), (11) and (mm), 2503(18) and (19), 2554(25) and (26), 2854(3)(a-2) and (a-3), 3004-b(1) and (2), 3004-c, 3035(1), (3) and (4) and Chapter 180 of the Laws of 2000.

Justification for continuation without modification: the rule establishes requirements and procedures for the fingerprinting and criminal history record check of prospective school employees and applicants for teaching certification in order to implement the requirements of Chapter 180 of the Laws of 2000. The rule is necessary to implement Chapter 180 of the Laws of 2000 to set forth requirements and procedures for fingerprinting and criminal history record checks of prospective school employees. The rule establishes requirements for applicants for certification, as well as the requirements for school employer's vis-à-vis prospective school employees. It also describes the Department's obligations with respect to issuing clearances for employment as well as due process considerations for individuals who may be denied clearance for employment. Additionally, the rule outlines the process for notifying school employers about subsequent arrests. Finally, it sets forth the fee amount, who is obligated to pay the fee, and sets forth the rules surrounding the destruction of an individual's criminal history record.

Assessment of public comment: No public comment was received.

OFFICE OF THE PROFESSIONS

Sections 52.30, 74.1, 74.2, 74.4 and 74.5 of the Commissioner's Regulations, regarding standards for licensure qualifying social work programs

Statutory authority: Education Law sections 207, 210, 6504, 6507(1),(2)(a), and (4)(a); 6508(1); 7703, 7704(2) and (4), 7705 and Insurance Law sections 3221(l)(4)(A) and (D) and 4303(i) and (n).

Justification for continuation without modification: the rule establishes standards for licensure qualifying programs in social work, education and examination requirements for licensure, requirements for applicants for limited permits to practice as a certified social worker (CSW), and requirements that must be met by certified social workers to qualify for reimbursement under certain group health insurance policies for psychotherapy services. Since their adoption in 2001, these regulations were substantially modified in 2004 and 2005, as a result of changes to Article 154 of the Education Law.

Section 52.30 established the requirements for licensure qualifying programs leading to the professional preparation for a licensed CSW, including specific course area requirements. Section 52.30 was repealed in 2004 due to the implementation of the new statutory scheme that provided for two new licensed professions (Licensed Master Social Worker and Licensed Clinical Social Worker) and therefore required two new licensure-qualifying programs.

Section 74.1 established the requirements for acceptable professional study leading to the professional preparation for a licensed CSW, including those programs conforming to section 52.30 and other programs that were comparable. Section 74.1 was amended in 2004 due to the implementation of the new statutory scheme that provided for two new licensed professions (Licensed Master Social Worker and Licensed Clinical Social Worker) and therefore required two new licensure-qualifying programs.

Section 74.2 established the requirements for licensure qualifying professional examinations leading to the professional preparation for a licensed CSW. The section contained the specific subject areas of the examination and set forth the qualifications for admission to the examination. Section 74.2 was amended in 2004 due to the implementation of the new statutory scheme that provided for two new licensed professions (Licensed Master Social Worker and Licensed Clinical Social Worker) and therefore required two new licensure qualifying programs.

Section 74.4 established the requirements for receiving a limited permit to practice CSW while waiting to take the examination. The section required that applicants for limited permits must meet all other licensing requirements except for passing the exam. Section 74.4 was repealed in 2004 due to the implementation of the new statutory scheme that provided for two new licensed professions (Licensed Master Social Worker and Licensed Clinical Social Worker) and therefore required two new licensure qualifying programs.

Section 74.5 established the requirements leading to the CSW gaining authorization to seek certain reimbursement for services from insurance carriers. The section contained the specific experience requirements that a candidate must meet, primarily in the area of psychotherapy. Section 74.5 was amended in 2004 due to the implementation of the new statutory scheme that provided for two new licensed professions (Licensed Master Social Worker and Licensed Clinical Social Worker) and therefore required two new licensure-qualifying programs.

The rule is needed to establish standards to ensure the quality of social work programs that are registered or seeking registration, to set criteria to measure the acceptability of social work programs offered outside the United States and its territories, to allow certain master's degree programs, within limitations, to permit students to use advanced standing credit for meeting their requirements, to ensure that candidates have adequate educational preparation prior to taking the licensing examination, to enable an applicant who has met the education requirement in substance to obtain employment in the social work field, and to clarify supervised experience requirements that must be met to qualify for reimbursement under certain group health insurance policies for psychotherapy services.

Assessment of public comment: None received.

Section 71.3 of the Commissioner's Regulations, regarding examination requirement for licensure as a certified shorthand reporter

Statutory authority: Education Law sections 207, 6504, 6507(1), (2)(a) and (3)(a), 6508(1) and (2), 7503 and 7504(4).

Justification for continuation without modification: The rule changes the examination requirement for licensure as a certified shorthand reporter to reduce the amount of time the candidate must take dictation and to permit candidates to use transcription equipment to transcribe dictation. The rule is needed to conform to realistic testing requirements for the dictation portion of the licensure test, as recommended by the State Board for Certified Shorthand Reporting. The rule is also needed to update the examination to reflect current widespread use of computer assisted dictation equipment in the practice of certified shorthand reporter. The rule was adopted to closely align the examination with the actual practice of certified shorthand reporting and that continues to be the case today. As a result, it has been determined that the rule should be continued.

Assessment of public comment: None received.

Section 75.4 of the Commissioner's Regulations, regarding mandatory continuing competency for speech-language pathologists and audiologists

Statutory authority: Education Law sections 207, 212(3), 6502(1), 6504, 6507(2)(a), 6508(1) and 8209(1)(a), (b) and (c), (2), (3), (4), (5) and (6) and Chapter 266 of the Laws of 2000.

Justification for continuation without modification: The rule is needed to clarify and implement the requirements of Education Law section 8209, as added by Chapter 266 of the Laws of 2000. The rule establishes continuing competency requirements and standards that licensed speech-language pathologists and/or audiologists must meet to be registered to practice in New York State and requirements for sponsors of continuing education. Section 75.4 establishes the continuing competency requirements for speech-language pathologists and/or audiology. This section was implemented as a result of a statutory requirement that all licensees in this area complete certain continuing competencies during each three-year registration period. This rule specifically set forth the methods for meeting this requirement including professional study, self-study and independent study. The rule sets forth important requirements of continuing education in speech language pathology and has been appropriate and well received. As a result, there are no immediate plans to modify and it has been determined that the rule should be continued.

Assessment of public comment: None received.

OFFICE OF MANAGEMENT SERVICES

Section 3.31 of the Regents Rules, regarding removal of trustees of education corporations

Statutory authority: Education Law section 101, 201, 202(1), 206, 207, 214, 215, 216 and 226(4).

Justification for continuation without modification: the rule establishes procedures to be used in proceedings of the Board of Regents pursuant to Education Law section 226(4) to remove trustees of education corporations created by the Board of Regents, for misconduct, incapacity, neglect of duty and/or failure or refusal of the institution to carry into effect its educational purposes. The rule is needed to codify in the Regents Rules the procedures for removal of trustees of education corporations created by the Board of Regents, and thereby ensure the consistent, systemized practice with respect to such proceedings.

Assessment of public comment: no comments received.

REVIEW PURSUANT TO STATE ADMINISTRATIVE PROCEDURE ACT SECTION 207 OF RULES ADOPTED BY THE DEPARTMENT OF STATE IN CALENDAR YEARS 2006 AND 2001.

Pursuant to section 207(4) of the State Administrative Procedure Act (SAPA), the Department of State published notice in the January 5, 2011 edition of the New York State Register (and on its Proposed Regulatory Activity webpage from January thru June, 2011) of rules the Department intended to review in calendar year 2011. No public comments on the continuation or modification of such rules were received by the Department of State, which hereby gives notice that it has reviewed the following regulations that were adopted during 2006 and 2001:

RULES ADOPTED IN 2006

(1) DOS-33-06-00004. Qualifying Courses for Home-Inspection Applicants.

This rule added Subpart 197-2 to Title 19 NYCRR to establish standards for home-inspection courses, and procedures for course approval.

The rule is needed pursuant to Article 12-B of the Real Property Law to ensure that schools and students will know which courses are required in order for an applicant to qualify for a home inspector license. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

(2) DOS-33-06-00005. General Liability Insurance for Licensed Home Inspectors.

This rule added Part 197 and Subpart 197-1 to Title 19 NYCRR to establish the type and amount of liability coverage required of licensed home inspectors.

The rule is needed pursuant to Article 12-B of the Real Property Law to ensure that prospective applicants for home inspector licenses will know the terms and conditions of the required liability coverage. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

RULES ADOPTED IN 2001

(1) DOS-46-00-00001. Employee Identification Cards.

This rule repealed section 195.11(a)(1) and added a new section 195.11(a)(1) to Title 19 NYCRR to prescribe a new size and content for employee identification cards issued by licensed security and fire alarm installers.

Section 69-m(1) of the General Business Law provides that a licensed security or fire alarm installer shall issue identification cards to employees who assist with the installation, servicing, or maintenance of alarm systems. Section 69-m(1) further provides that the identification card shall be in a form prescribed by the Secretary of State. The identification card required prior to the adoption of this rule was 2 inches by 3 1/4 inches with prescribed information printed on both sides of the card. Industry representatives indicated that the prescribed size of the card was not a standard size and that this made the card more expensive to produce than a card of standard size. These representatives also stated that the cost of producing the card would be reduced if information was not required to be printed on both sides. Consequently, at the recommendation of the Department of State's Security and Fire Alarm Advisory Committee, the Department adopted this rule, which prescribed a standard size card of 3 3/8 inches by 2 1/8 inches printed on one side only. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

(2) DOS-46-00-00002. Maximum Experience Credit for Review Appraisals.

This rule amended section 1102.4(c) of Title 19 NYCRR to provide that experience credit for review appraisals would not exceed 25 percent of the total experience required for licensing or certification of real estate appraisers.

Prior to adoption of this rule, 19 NYCRR section 1102.4(c) provided that a review appraisal would be equivalent, in terms of appraisal experience, to 25 percent of the appraisal experience gained by preparing an appraisal report. Since performance of a review appraisal does not include performing the research and field work that are the basis for the reviewed appraisal report, the rule limited the total experience that could be claimed by an applicant for review appraisal to no more than 25 percent of the total number of hours required for licensing or certification. This rule was intended to ensure that applicants have sufficient experience in preparing appraisal reports. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

(3) DOS-46-00-00016. Hearing Aids.

This rule repealed Part 191 and added a new Part 192 to Title 19 NYCRR concerning registration and regulation of hearing aid dispensers and businesses engaged in dispensing hearing aids.

Chapter 599 of the Laws of 1998, as amended by Chapter 133 of the Laws of 1999, repealed existing Article 37-A of the General Business Law and replaced it with a new Article 37-A entitled "Registration of Hearing Aid Dispensers." Chapter 301 of the Laws of 2000 made further technical amendments to Article 37-A. Adoption of a new Part 192 to Title 19 NYCRR was necessary to meet the requirement of General Business Law section 803 that the Secretary of State promulgate regulations necessary to effect the purposes of Article 37-A and to ensure the enforcement of its provisions. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

(4) DOS-21-01-00003. State Cemetery Vandalism Restoration and Administration Fund.

This rule amended section 200.11 of Title 19 NYCRR to establish procedures for public cemetery corporations to obtain monies from the State Cemetery Vandalism Restoration, Monument Repair or Removal, and Administration Fund to repair or remove monuments that create a dangerous condition.

Section 1507(h) of the Not-for-Profit Corporation Law was amended by Chapter 380 of the Laws of 2000 to authorize payments from the State Cemetery Vandalism Restoration, Monument Repair or Removal, and Administration Fund to reimburse pubic cemetery corporations for the cost of repairing or removing monuments not owned by the corporation which create a dangerous condition. Not-for-Profit Corporation Law section 1504(h)(7) contains a requirement that the State Cemetery Board promulgate rules defining standards for maintenance of cemeteries as well as describing what type of out-of-repair or dilapidated monuments or other markers would qualify for payment for repair or removal by cemeteries. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

(5) DOS-27-01-00005. Bail Enforcement Agents and their Employees.

This rule amended Part 170 and section 172.3 of Title 19 NYCRR to provide for the licensing of bail enforcement agents.

Chapter 562 of the Laws of 2000 provided for the licensing of bail enforcement agents. Section 13 of Chapter 562 authorized the Secretary of State to promulgate rules necessary to implement the provisions of Chapter 562. This rule merely implemented the nondiscretionary provisions of Chapter 562. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.

(6) DOS-31-01-0000. Coastal Policies for Long Island Sound.

This rule amended Part 600 of Title 19 NYCRR to implement the Long Island Sound Coastal Management Program.

The rule was adopted to establish policies to which State agencies must adhere when they certify the consistency of actions, which are intended to be taken in the coastal area of Long Island, with the coastal policies in Article 42 of the New York State Executive Law. Among the matters concerning the Long Island Sound coastal area addressed by the rule are: overall development patterns, historical resources, visual quality and scenic resources, erosion and flood hazards, water quality and supply, ecosystem issues, air quality, solid waste and hazardous wastes, public access and recreation, water-dependent uses, living aquatic resources, agricultural lands, and energy and mineral resources. There have been no statutory amendments or changes in policy to warrant any modification of changes made by this regulation.