Section 207 of the State Administrative Procedure Act (SAPA) requires that each State agency review each of its rules which is adopted on or after January 1, 1997 in the calendar year specified in the notice of adoption for the rule, provided that at a minimum every rule shall be initially reviewed no later than in the fifth calendar year after the year in which the rule is adopted, and, thereafter, every rule shall be re-reviewed at five-year intervals, in order 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 its rules that were adopted during calendar years 2013, 2008, 2003 and 1998 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 2013

OFFICE OF P-12 EDUCATION

Section 100.5 of the Commissioner’s Regulations relating to Diploma Requirements for Students with Disabilities

Description of Rule: Diploma Requirements for Students with Disabilities

Justification for continuation without modification: Provide new safety net option for students with disabilities to earn a local diploma through the use of compensatory scoring.

Legal Basis of Rule: Education Law sections 101 (not subdivided), 207 (not subdivided), 208 (not subdivided), 209 (not subdivided), 305(1) and (2), 308 (not subdivided) and 309 (not subdivided)

Assessment of public comment: No public comment received.

Sections 100.2(1)(2) and 119.6 of the Commissioner’s Regulations relating to Dignity Act Code of Conduct

Description of Rule: The inclusion of Dignity Act components in the Code of Conduct

Justification for continuation without modification: To conform regulations to code of conduct provisions in the Dignity for All Students Act, as amended by Ch.102, L.2012

Legal Basis of Rule: Education Law sections 11(1) -(7), 12(1) and (2), 13(1)-(3), 14(1) and (3), 101 (not subdivided), 207(not subdivided), 305(1) and (2), and 2801(1) -(5), and Chapter 102 of the Laws of 2012

Assessment of public comment: No public comment received

Section 100.2(c) of the Commissioner’s Regulations relating to Dignity Act Instruction

Description of Rule: The inclusion of Dignity Act instructional requirements (L. 2010, Ch. 482; L.2012, Ch.102)

Justification for continuation without modification: To prescribe instructional requirements to implement the Dignity Act, as amended by Ch. 102 of the Laws of 2012

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 801-a(not subdivided) and 2854(1)(b) and Chapter 102 of the Laws of 2012

Assessment of public comment: No public comment received

Section 119.7 of the Commissioner’s Regulations relating to Charter School Charter Renewals

Description of Rule: Charter school renewals

Justification for continuation without modification: To clarify standards for charter renewals of charter schools for which the Board of Regents is the authorizing entity

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided), 305(1), (2) and (20), 2851(4) and 2852(1), (2), (3), (5), (5-a), (5-b) and (6) and 2857(1)

Assessment of public comment: No public comment received

Section 200.18(b) of the Commissioner’s Regulations relating to fiscal audits of special education preschool programs and services for which a municipality bears responsibility

Description of Rule: Fiscal audits of special education preschool programs and services for which a municipality bears responsibility

Justification for continuation without modification: To implement L.2013, Ch.57, section 24 by establishing standards and procedures for municipalities to perform fiscal audits

Legal Basis of Rule: Education Law sections 207(not subdivided), 4401(2), 4403(3) and 4410(1)(g), (11)(c)(i) and (ii), and (13) and section 24 of Chapter 57 of the Laws of 2013

Assessment of public comment: No public comment received.

Section 100.2(jj) of the Commissioner’s Regulations relating to Policy, Procedures and Guidelines Prohibiting Harassment, Bullying (Including Cyberbullying) and Discrimination Against Students

Description of Rule: Policy, procedures and guidelines prohibiting harassment, bullying (including cyberbullying) and discrimination against students

Justification for continuation without modification: To implement the Ch.102, L.2012 amendments to the Dignity for All Students Act

Legal Basis of Rule: Education Law sections 11(7) and (8), 12(1), 13(1-5), 14(1-5), 101(not subdivided), 207(not subdivided), 305(1) and (2) and 2854(1)(b), and Chapter 102 of the Laws of 2012

Assessment of public comment: No public comment received

Title of Part 8 and Section 8.3 of the Commissioner’s Regulations relating to State Student Assessments in the Elementary and Secondary Grades

Description of Rule: State student assessments in the elementary and secondary grades

Justification for continuation without modification: To clarify procedures for establishment of cut scores and performance standards for determining proficiency on State Assessments

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided), 208(not subdivided) and 209(not subdivided)

Assessment of public comment: No public comment received

Sections 200.5(b)(1)(v), (8) & (9) of the Commissioner’s Regulations relating to Accessing Public or Private Benefits and Insurance to Pay for Special Education Programs and Services Under the IDEA

Description of Rule: Accessing public or private benefits and insurance to pay for special education programs and services under the IDEA

Justification for continuation without modification: To conform Commissioner's Regulations to federal parental notice and consent requirements in 34 CFR 300.154

Legal Basis of Rule: Education Law sections 207(not subdivided), 4402(2) and 4403(3)

Assessment of public comment: No public comment received.

Sections 200.7(b)(3) and (6) and 200.15 of the Commissioner’s Regulations relating to Protection of People with Special Needs Act (L. 2012, Ch.501)

Description of Rule: Protection of People with Special Needs Act (L. 2012, Ch. 501)

Justification for continuation without modification: To conform Commissioner's Regulations relating to students attending residential schools to L. 2012, Ch. 501

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided), 4002(1)-(3), 4212(a), 4314(a), 4358(a), 4403(11), 4308(3), 4355(3), 4401(2), 4402(1)-(7), 4403(3), (11) and (13), 4410(1)-(13), and Chapter 501 of the Laws of 2012

Assessment of public comment: No public comment received.

Sections 100.5(a), (b), (c) and (g) of the Commissioner’s Regulations relating to English Language Arts and Mathematics Common Core Learning Standards

Description of Rule: English Language Arts (ELA) and Mathematics Common Core Learning Standards (CCLS)

Justification for continuation without modification: To establish transition requirements for the Regents ELA and Mathematics examinations aligned to the CCLS

Legal Basis of 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.

Section 135.4(c)(7)(ii)(d) of the Commissioner’s Regulations relating to Duration of Competition in High School Athletics

Description of Rule: Duration of competition in high school athletics

Justification for continuation without modification: To eliminate the one additional season limit on waivers for students with disabilities to participate in athletic competition

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided), 305(1) & (2), 803(not subdivided), and 3204(2) & (3)

Assessment of public comment: No public comment received

Sections 155.2(b)(2), 155.12(b)(6) and 200.2(c)(2) and (3), and (g) of the Commissioner’s Regulations relating to Special Education Space Plans

Description of Rule: Special education space plans

Justification for continuation without modification: To conform the Commissioner's Regulations to L. 2013, Ch. 57, sections 2-a and 2-b

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided), 305(1), (2) and (20), 308(not subdivided), 309(not subdivided), 2215(17), 4402(2), 4403(3) and sections 2-a and 2-b of Chapter 57 of the Laws of 2013

Assessment of public comment: No public comment received.

Sections 100.5(g) and 100.18(b) of the Commissioner’s Regulations relating to New York State Common Core Learning Standards (CCLS)

Description of Rule: New York State Common Core Learning Standards (CCLS)

Justification for continuation without modification: To provide for transition to the Common Core English Language Arts (ELA) and mathematics examinations in the following areas: (1) students with disabilities local diplomas; (2) Regents diploma with advanced designation; (3) credit by examination; and (4) transfer credit; to provide an additional opportunity for students to meet diploma requirements by passing either the Regents Comprehensive Examination in English or the Common Core ELA examination at the January 2014 test administration; and to update the names of the performance level descriptors for school accountability purposes

Legal Basis of 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 200.3(a)(2)(v) and 200.5(c)(2)(iv) and (v) of the Commissioner’s Regulations relating to Additional Parent Member of a Committee on Preschool Special Education

Description of Rule: Committees on Preschool Special Education (CPSE)

Justification for continuation without modification: To conform Commissioner's Regulations to L. 2013, Ch. 213, relating to the additional parent member on a CPSE

Legal Basis of Rule: Education Laws sections 101(not subdivided), 207(not subdivided), 305(1) and (2) and (20), 4402(1)(b)(1)(b), 4403(3) and 4410(13) and Chapter 213 of the Laws of 2013

Assessment of public comment: No public comment received.

OFFICE OF HIGHER EDUCATION

Sections 80-1.7 and 80-1.8 of the Commissioner’s Regulations relating to Renewals of a Provisional SAS Certificate and Reissuances of Initial Certificates

Description of Rule: Renewals of a provisional SAS certificate and reissuances of initial certificates

Justification for continuation without modification: To change the requirements for renewal of a SAS certificate and requirements for a reissuance of an initial certificate

Legal Basis of Rule: Education law sections 207 (not subdivided), 305(1), 3001(2), 3006(1)(b) and 3009(1)

Assessment of public comment: No public comment received.

Sections 80-3.3, 80-3.7 and 80-5.6 of the Commissioner’s Regulations relating to Individual Evaluation and Experience Requirements for Level III Teaching Assistant Certificates

Description of Rule: Individual evaluation and experience requirements for Level III teaching assistant certificates

Justification for continuation without modification: To extend the sunset date for individual evaluation and amend experience requirements for level III teaching assistant certificate

Legal Basis of Rule: Education law sections 207 (not subdivided), 305(1), 3001(2), 3006(1)(b) and 3009(1)

Assessment of public comment: No public comment received.

Section 80-5.5(b) of the Commissioner’s Regulations relating to Employment of Retired Public Employees

Description of Rule: Employment of Retired Public Employees

Justification for continuation without modification: To implement Retirement and Social Security Law section 212(3), as added by Section 1 of Part Y of Chapter 55 of the Laws of 2013, which provides the Commissioner of Education with discretion to eliminate the earnings limitations for retired police officers employed by a school district as a school resource officer

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided) and 305(1), (2) and (20); Retirement and Social Security Law sections 211(2) and (8); and 212(3); and Section 1 of Part Y of Chapter 55 of the Laws of 2013.

Assessment of public comment: No public comment received.

Section 3.12 and Subpart 4-1 of the Commissioner’s Regulations relating to Institutional Accreditation for Title IV Purposes

Description of Rule: Institutional accreditation for Title IV purposes

Justification for continuation without modification: To conform Regents rules to federal regulations relating to voluntary institutional accreditation for Title IV purposes

Legal Basis of Rule: Education Law sections 207(not subdivided), 210(not subdivided), 214(not subdivided), 215(not subdivided) and 305(1) and (2).

Assessment of public comment: No public comment received.

Sections 52.21, Subpart 57-4 and Part 80 of the Commissioner’s Regulations relating to Coursework or Training in Harassment, Bullying and Discrimination Prevention and Intervention

Description of Rule: Coursework or training in harassment, bullying and discrimination prevention and intervention.

Justification for continuation without modification: To require that applicants for an administrative or supervisory service, classroom teaching service or school service certificate or license on or after July 1, 2013, shall have completed at least six hours of coursework or training in harassment, bullying and discrimination prevention and intervention as prescribed in the Dignity for All Students Act.

Legal Basis of Rule: Education Law sections 14(5), 207(not subdivided), 212(3), 305(1) and (2), 3004(1), and 3007(not subdivided) and Chapter 102 of the Laws of 2012.

Assessment of public comment: No public comment received.

Sections 83.4(d) & 83.5(b)(1)(iv) of the Commissioner’s Regulations relating to Moral Character Hearings Under 8 NYCRR Part 83 for Certified Teachers and Other Certified School Personnel

Description of Rule: Moral character hearings under 8 NYCRR Part 83 for certified teachers and other certified school personnel.

Justification for continuation without modification: To establish a rebuttable presumption that a certified individual who is convicted of any crime relating to the submission of false information, or who has committed fraud, relating to his/her criminal history record check lacks good moral character The proposed amendment also authorizes the Commissioner to initiate a review of the findings and recommendation of a hearing officer or hearing panel in cases involving convictions for any crimes involving the submission of false information, or the commission of fraud, related to a criminal history check.

Legal Basis of Rule: Education Law sections 207(not subdivided), 305(7) and (30), 3001(2), 3001-d(2), 3004(1), 3004-c(not subdivided), 3006(1), 3009(1), 3010(not subdivided) and 3035(1) and (3).

Assessment of public comment: No public comment received

Sections 80-1.13, 80-3.5, 80-5.14 and 80-5.22 of the Commissioner’s Regulations relating to Coursework or Training in Harassment, Bullying and Discrimination Prevention and Intervention

Description of Rule: Coursework or training in harassment, bullying and discrimination prevention and intervention

Justification for continuation without modification: To conform the Commissioner's Regulations to Education Law section 14(5), as amended by Chapter 90 of the Laws of 2013, by making the training requirement on the social patterns of harassment, bullying and discrimination applicable to school professionals applying for a certificate or license on or after December 31, 2013, instead of on or after July 1, 2013.

Legal Basis of Rule: Education Law sections 14(5), 207(not subdivided), 305(1) and (2), 3004(1) and 3007(not subdivided) and Chapter 90 of the Laws of 2013.

Assessment of public comment: No public comment received

Sections 80-3.3, 80-3.4, 80-3.10, 80-5.13, 80-5.15 and 80-5.20(a)(1)(v) of the Commissioner’s Regulations relating to Teacher and School District Leader Certification Examinations

Description of Rule: Teacher and school district leader certification examinations

Justification for continuation without modification: To adopt technical changes to the certification examination requirements for certain teachers and school district leaders

Legal Basis of Rule: Education Law sections 207, 305(1), 3001(2), 3006(1)(b) and 3009(1)

Assessment of public comment: No public comment received

Sections 80-1.2(b), 80-1.6 and 80-2.1(a)(2)(i) and (ii) of the Commissioner’s Regulations relating to Definition of Date of Issuance of Certificates and Expiration of Certain Permanent Certificates from Expired Provisionals

Description of Rule: Definition of date of issuance of Certificates and Expiration of Certain Permanent Certificates from Expired Provisionals

Justification for continuation without modification: The purpose of the proposed amendment is to amend the definition of effective date of a certificate to allow persons to be employed in their certificate area on the date their certificate is issued, rather than the February 1 or September 1 following the issuance date of their certificates. The proposed amendment also establishes an expiration date of October 1, 2014 for the issuance of a permanent certificate in the classroom teaching service or school administrator and supervisory service for candidates with an expired provisional certificate.

Legal Basis of Rule: Education Law sections 207 (not subdivided), 305(1), 3001(2), 3006(1)(b) and 3009(1).

Assessment of public comment: No public comment received

OFFICE OF THE PROFESSIONS

Section 3.47(d)(2) and 3.50(b)(36) of the Commissioner’s Regulations relating to Doctor of Acupuncture and Oriental Medicine (D.A.O.M.) Degree

Description of Rule: Doctor of Acupuncture and Oriental Medicine (D.A.O.M.) Degree.

Justification for continuation without modification: To authorize the conferral in New York State of the degree of Doctor of Acupuncture and Oriental Medicine (D.A.O.M.).

Legal Basis of Rule: Education Law sections 207(not subdivided), 210(not subdivided), 218(1), 224(4), and 305(1) and (2).

Assessment of public comment: No public comment received.

Sections 63.11 and 63.12 of the Commissioner’s Regulations relating to Interpretations and Translations for Prescription Drugs, Standardized Labeling and Patient-Centered Data Elements for Medications

Description of Rule: Interpretation and translation for prescription drugs, standardized labeling and patient-centered data elements for medications.

Justification for continuation without modification: To implement Part V of Chapter 57 of the Laws of 2012.

Legal Basis of Rule: Sections 207(not subdivided), 6504(not subdivided), 6507(2)(a), 6829(1), (6), (7) and 6830 (1) of the Education Law, and Part V of Chapter 57 of the Laws of 2012.

Assessment of public comment: No public comment received.

Section 60.2(f)(2) of the Commissioner’s Regulations relating to Advisory Committee on Long-Term Clinical Clerkships

Description of Rule: Advisory Committee on Long-Term Clinical Clerkships

Justification for continuation without modification: increase from one to two the number of Regents sitting on the Advisory Committee and authorize the Regents Chancellor to appoint additional Committee members, upon consultation with the Board, and to remove and replace members who have been absent for three or more consecutive Committee meetings.

Legal Basis of Rule: Education Law sections 207 (not subdivided), 6501 (not subdivided), 6504 (not subdivided), and 6507(2)(a).

Assessment of public comment: No public comment received.

Sections 79-9.4(c), 79-10.4(c), 79-11.4(c) and 79-12.4(c) of the Commissioner’s Regulations relating to Duration of Limited Permits for Applicants Seeking Licensure as Mental Health Practitioners under Article 163 of the Education Law

Description of Rule: Advisory Committee on Long-Term Clinical Clerkships

Justification for continuation without modification: The proposed amendment would increase from one to two the number of Regents sitting on the Advisory Committee and would authorize the Regents Chancellor to appoint additional Committee members, upon consultation with the Board, and to remove and replace members who have been absent for three or more consecutive Committee meetings.

Legal Basis of Rule: Education Law sections 207 (not subdivided), 6501 (not subdivided), 6504 (not subdivided), and 6507(2)(a).

Assessment of public comment: No public comment received.

OFFICE OF ADULT CAREER AND CONTINUING EDUCATION SERVICES (ACCESS)

Section 100.8 of the Commissioner’s Regulations relating to Local Diploma Based on Experimental Programs

Description of Rule: Local high school equivalency diplomas based upon experimental programs

Justification for continuation without modification: To extend until 6/30/15 the provision for awarding local high school equivalency diplomas based upon experimental programs

Legal Basis of Rule: Education Law sections 101(not subdivided), 207(not subdivided, 208(not subdivided), 209(not subdivided), 305(1) and (2), 309(not subdivided) and 3204(3).

Assessment of public comment: No public comment received.

Part 126 and Section 145-2.3 of the Commissioner’s Regulations relating to Licensure of Non-Degree Granting Private Proprietary Schools

Description of Rule: Licensure of non-degree granting private proprietary schools.

Justification for continuation without modification: To implement the provisions of Chapter 381 of the Laws of 2012.

Legal Basis of Rule: Education Law sections 207 (not subdivided), 212(3), 305(1), 5001 through 5010 and Chapter 381 of the Laws of 2012.

Assessment of public comment: No public comment received.

B. CALENDAR YEAR 2008

OFFICE OF P-12 EDUCATION

175.41 Average Interest Rates Applied to Capital Debt Incurred by the City of New York for School Purposes

Description of rule: The rule provides an appropriate methodology for computation of the true cost of debt issued by New York City for the purpose of financing school construction.

Justification for continuation without modification: The rule is needed to align the Commissioner’s regulations with statute and so that New York City can plan its capital expenditures and issue debt to fund them.

Legal basis for rule: Education Law sections 207(not subdivided) and 3602(6)(e)(1).

Assessment of public comment: No public comment received

100.16 Reasonable and necessary expenses of distinguished educators

Description of rule: The rule establishes criteria for the determination of reasonable and necessary expenses of members of school quality review teams and joint intervention teams, and distinguished educators, who are appointed by the Commissioner to assist low performing districts in improving their academic performance.

Justification for continuation without modification: The rule is necessary to implement Chapter 57 of the Laws of 2007, which requires the development of an enhanced accountability system for New York State’s schools and districts and includes the development of a system of support and intervention in low performing schools. The rule is consistent with statutory authority and Regents policy.

Legal basis for rule: Education Law sections 207 (not subdivided) and 211-b(2)(a) and (b) and 211-c(7) and Chapter 57 of the Laws of 2007.

Assessment of public comment: No public comment received

156.3(h) Idling school buses

Description of rule: The rule prescribes requirements for minimizing the idling of school buses and other vehicles owned or leased by school districts.

Justification for continuation without modification: The rule is necessary to implement Education Law section 3637, as added by Chapter 670 of the Laws of 2007, which requires the Commissioner to promulgate regulations requiring school districts to minimize, to the extent practicable, the idling of the engine of any school bus and other vehicles owned or leased by the school district while such bus is parked or standing on school grounds, or in front of any school.

Legal basis for rule: Education Law sections 207(not subdivided), 3624(not subdivided) and 3627(1), (2) and (3) and Chapter 670 of the Laws of 2007.

Assessment of public comment: No public comment received

Parts 175, 100, 110 & 144 State aid

Description of rule: The rule implements the Foundation Aid provisions enacted by Chapter 57 of the Laws of 2007, brings the Commissioner's Regulations into compliance with other statutory changes to the law, and eliminates obsolete provisions.

Justification for continuation without modification: The rule is needed to repeal obsolete State Aid provisions and conform the Commissioner’s regulations with the statutory changes to Education Law section 3602 made by Chapter 57 of the Laws of 2007, which changed the school funding system by replacing approximately 30 State Aid categories with a single Foundation Aid.

Legal basis for rule: Education Law sections 101(not subdivided), 207 (not subdivided), 305(1), (2) and (20) and 3602, and Chapter 57 of the Laws of 2007.

Assessment of public comment: No public comment received

177.1, 200.1, 200.3 through 200.7, 200.16 and 201.11 Special education programs and services for students with disabilities

Description of rule: The rule ensures that chairpersons of committees on special education are appropriately qualified, and establishes procedures when a district receives a request for referral of a student for an initial evaluation for special education services.

Justification for continuation without modification: The rule conforms the Commissioner's Regulations to Chapter 378 of the Laws of 2007, the Individuals with Disabilities Education Act (IDEA) (20 USC 1400 et seq.), as amended by Public Law 108-446, and the amendments to 34 CFR Part 300.

Legal basis for rule: Education Law sections 207 (not subdivided), 3208 (1-5), 3214(3), 3602-c, 3713(1) and (2), 4002(1-3), 4308(3), 4355(3), 4401(1-11), 4402 (1-7), 4403(3), 4404(1-5), 4404-a(1-7), and 4410(13).

Assessment of public comment: No public comment received

177.2 Disputes of Reimbursement Claims for Special Education Services Provided to Nonresident Parentally-Placed Nonpublic School Students with Disabilities

Description of rule: The rule prescribes a dispute resolution mechanism regarding claims for reimbursement of costs for special education provided to a nonresident student with a disability, who is parentally placed in a nonpublic school located in a school district other than the school district in which the student legally resides.

Justification for continuation without modification: The rule implements Education Law section 3602-c(7), as amended by Chapter 378 of the Laws of 2007.

Legal basis for rule: Education Law sections 207(not subdivided) and 3602-c(7) and section 4 of Chapter 378 of the Laws of 2007.

Assessment of public comment: No public comment received

200.4 & 200.5 State forms for Individualized Education Programs, Meeting Notice and Prior Written Notice (Notice of Recommendation)

Description of rule: The proposed amendment was first adopted as an emergency action at the October 2008 Regents meeting to extend from January 1, 2009 to September 1, 2009, the initial effective date for required use of State forms for IEPs, meeting notice and prior written notice (notice of recommendation). In response to public comment, the rule was subsequently revised and permanently adopted in March 2009 to further extend the initial effective date to commence with the 2011-12 school year, in order to provide additional time for cost-effective conversion to the State’s required forms and for the State to make professional development available through no-cost means such as informational materials, web-conferencing and professional development through its technical assistance networks.

Justification for continuation without modification: The rule is consistent with statutory authority and ensures consistency in procedural safeguards.

Legal basis for rule: Education Law sections 207 (not subdivided), 4402 (1-7), 4403(3), and 4410(13).

Assessment of public comment: No public comment received

100.14 Excelsior Scholars

Description of rule: The rule clarifies procedures for the nomination of eligible students in mathematics and science who have completed seventh grade to participate in the Excelsior Scholars program pursuant to Education Law section 3641-a.

Justification for continuation without modification: The rule is necessary to implement Education Law section 3641-a, as added by Chapter 57 of the Laws of 2007.

Legal basis for rule: Education Law sections 101(not subdivided), 207(not subdivided), 215(not subdivided), 305(1) and (2) and 3641-a(1), (2) and (3).

Assessment of public comment: No public comment received

OFFICE OF HIGHER EDUCATION

80-5.5 Waivers of teacher certification requirements

Description of rule: The rule strengthens the current regulatory standards relating to the approval process for the employment of retired persons in public school districts other than the City of New York, boards of cooperative educational services and county vocational educational and extension boards prescribed under Section 211 of the Retirement and Social Security Law.

Justification for continuation without modification: The rule is needed to ensure that such standards conform with legislative intent and to provide transparency and effectiveness in the approval process.

Legal basis for rule: Education Law sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 3003(1), 3004(1) and Retirement and Social Security Law sections 210(not subdivided) and 211(2) and (8).

Assessment of public comment: No public comment received

3.50(c) Honorary degrees

Description of rule: The rule establishes the list of honorary associate degrees that community colleges and other New York degree-granting institutions may award.

Justification for continuation without modification: The rule implements the provisions of Chapter 324 of the Laws of 2006 that amended Education Law § 6306 by adding a new subdivision 5-b to authorize honorary degrees "[s]ubject to the approval of the Board of Regents."

Legal basis for rule: Sections 207 (not subdivided), 210 (not subdivided), 214 (not subdivided), 215 (not subdivided), 305 (not subdivided) and 6306(5-b) of the Education Law.

Assessment of public comment: No public comment received

52.21, 80-1.12 and Subpart 57-3 Autism training

Description of rule: The rule requires teachers seeking certification in special education titles to have course work or training in the needs of students with autism and establishes standards for Education Department approval of providers of course work or training in autism.

Justification for continuation without modification: The rule implements the requirements of Education Law section 3004 (4) and (5), as added by Chapter 143 of the Laws of 2006.

Legal basis for rule: Education Law sections 207(not subdivided), 215(not subdivided), 208 (not subdivided), 212(3), 305(1) and (2), 3004(1),(4) and (5) and 3007 (not subdivided).

Assessment of public comment: No public comment received

52.36 and 52.37 Speech/language pathology

Description of rule: The rule updates the education, experience, examination and endorsement provisions for licensure of speech-language pathologists and audiologists.

Justification for continuation without modification: The rule conforms New York State requirements for licensure as a speech pathologist or audiologist to federal Medicaid requirements, expands opportunities for qualified speech-language pathologists and audiologists in other jurisdictions to become licensed in New York State, and addresses shortages in the number of speech-language pathologists that exist in New York State school districts.

Legal basis for rule: Education Law sections 207(not subdivided), 212(3), 6504(not subdivided), 6506(5) and (6), 6507(1), (2)(a) and (4)(a), 8206(2), (3) and (4).

69.1, 69.2 and 69.3

Assessment of public comment: No public comment received

OFFICE OF THE PROFESSIONS

69.1, 69.2 and 69.3 Architectural endorsement

Description of rule: The rule aligns the New York State requirements for admission into the Architect Registration Examination with national standards and modifies the endorsement provisions for applicants licensed in another jurisdiction prior to 1983 to conform to current practice.

Justification for continuation without modification: The rule is consistent with statutory authority and aligns with national standards.

Legal basis for rule: Education Law sections 207(not subdivided); 6504(not subdivided); 6506(1) and (6)(c); 6507(2)(a); and 7304(1)(3), (2) and (3).

Assessment of public comment: No public comment received.

52.38, 52.39, 52.40, 79-13.1, 79-14.1 and 79-15.1 Clinical Lab Technology

Description of rule: The rule establishes educational requirements for licensure as a clinical laboratory technologist or cytotechnologist and for certification as a clinical laboratory technician, and standards for registered college preparation programs for these professions.

Justification for continuation without modification: The rule is necessary to implement Education Law sections 8605(2)(b), which authorizes the State Education Department to establish implementing standards for education that must be successfully completed by an applicant to qualify for a license as a cytotechnologist, and section 8606(2), which authorizes the State Education Department to establish implementing standards for education that must be successfully completed to qualify for certification as a clinical laboratory technician.

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

Assessment of public comment: The Department received comment that was submitted on behalf of the American Medical Technologists (AMT) and the New York State Society of AMT (NYSSAMT) (collectively, AMT). The commenter asserts that AMT is a leading certification organization and professional society for clinical laboratory professionals and other allied health personnel, whose certification programs are fully accredited by the National Commission for Certifying Agencies (NCCA), the accrediting arm of the Institute for Credentialing Excellence. The commenter further maintains that AMT was established in 1939 and has over 80,500 active member-certificants, including approximately 12,000 Medical Technologists (MTs) and Medical Laboratory Technicians (MLTs), as well as around 6,700 registered phlebotomy technicians and clinical laboratory assistants. The commenter alleges that, with the exception of New York State, every state that licenses clinical laboratory personnel, multiple organizations’ certification examinations, including AMT’s, are accepted by the state licensing authority for purposes of qualifying a laboratory technologist or technician for a license. The commenter maintains that AMT has never fully understood the Department’s policy of limiting its acceptance of private-sector certification exams to a single “vendor,” to the exclusion of all other organization’s exams. The commenter also states that, to date, the Department has accepted only exams at the technologist and technician levels administered by the ASCP Board of Certification and has declined to dually accept AMT’s corresponding MT and MLT exams. The commenter states that, as a result, individuals who take and pass the MT(AMT) and MLT(AMT) exams are not qualified for licensing in New York State.

The commenter alleges that Department’s policy works a hardship on individuals who wish to take AMT’s exams and work in New York State, and those who have previously passed an AMT exam and wish to relocate to New York State. The commenter also asserts that this policy contributes to a serious ongoing workforce shortage of qualified medical technologists and technicians in New York State. Thus, on behalf of AMT, commenter urges the Department to revisit its policy of accepting only a single certifying agency’s exams for licensure of clinical laboratory technologists and technicians, which is codified in sections 79-13.2 and 79-15.2. The commenter maintains that there is no statutory prohibition that would preclude the Department from recognizing more than a single certification exam for each licensure category, and as noted above, every other licensing state accepts all major national certifications, not just ASCP-BOC’s.

Response to Comment: Sections 8605(1)(c) and 8606(3) of the Education Law establish the requirements for licensure in the professions of clinical laboratory technologist and certified clinical laboratory technician, which include the requirement that an applicant “pass an examination satisfactory to the Board and in accordance with the Commissioner’s regulations.” For both professions, the regulatory examination requirements, under sections 79-13.2 and 79.15.2 require, that the “candidate shall pass a general examination for clinical laboratory technologists that is determined by the department to measure the applicant's knowledge, judgment, and skills concerning practice as a clinical laboratory technologist, as defined in section 8601(2)(a) of the Education Law, and to be offered by an organization that has satisfactory administrative and psychometric procedures in place to offer the examination.” The commenter’s citation to section 79-14.1 does not appear relevant here because it addresses cytotechnologists, not clinical laboratory technologists or certified clinical laboratory technicians.

In response to the comment regarding the Department’s policy of limiting its acceptance of private-sector examinations to a single vendor to the exclusion of all other organizations’ examinations, the Department establishes a process to establish a contract for a general examination that is determined by the department to measure the applicant's knowledge, judgment, and skills concerning practice as a clinical laboratory technologist, as defined in section 8601(2)(a) of the Education Law, and to be offered by an organization that has satisfactory administrative and psychometric procedures in place to offer the examination. Through a competitive request for proposals process, the Department selects one examination to be met by all applicants to ensure fairness, and common knowledge, skills and the use of good judgment. From the outset, during the process of selecting and using a licensing examination, all organizations that offer these examinations were canvassed and provided an opportunity to bid for the examination. AMT has unsuccessfully bid for the examinations on the occasions that the contracts offered for a five-year period were published, with the last bid occurring in 2014.

61.15 and 61.19 Dental continuing education

Description of rule: The rule increases the amount of continuing education required of licensed dentists during each triennial registration period and requiring certification in cardiopulmonary resuscitation and completion of coursework in New York State jurisprudence and ethics.

Justification for continuation without modification: The rule is consistent with statutory authority and conforms the Commissioner’s regulations to section 4 of Chapter 183 of the Laws of 2007.

Legal basis for rule: Education Law sections 207(not subdivided); 6506(1); 6507(2)(a), 6604-a(2), 6604-a(6), 6611(10), and section 4 of Chapter 183 of the Laws of 2007.

Assessment of public comment: No public comment received.

62.5 Veterinarian technology

Description of rule: The rule allows students completing registered or accredited programs of education for veterinary technology admission to the licensing examination for veterinary technicians within the final six months of professional study.

Justification for continuation without modification: The rule is needed to align examination admission requirements in this field with practice in other states and thereby remove the competitive disadvantage that New York students confront.

Legal basis for rule: Education Law sections 207(not subdivided); 6504 (not subdivided); 6506(1); 6507(2)(a) and (3)(a); and 6711(5).

Assessment of public comment: No public comment received.

52.41 and Subparts 79-13, 79-14 & 79-15 Clinical laboratory technology

Description of rule: The rule establishes standards for licensure as a clinical laboratory technologist or a cytotechnologist and certification as a clinical laboratory technician or a histological technician

Justification for continuation without modification: The rule is consistent with statutory authority and implements the provisions of Chapter 204 of the Laws of 2008, which amended Article 165 of the Education 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), 8606-a(2) and (3); 8610(3).

Assessment of public comment: No public comment received.

150.4 High needs nursing

Description of rule: The rule permits online nursing programs to be eligible for state aid

Justification for continuation without modification: The rule is consistent with statutory authority and conforms to Chapter 57 of the Laws of 2008, which 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.

Legal basis for rule: Education Law sections 207, 215 and 6401-a and Chapter 57 of the Laws of 2008.

Assessment of public comment: No public comment received.

24-7 Professional license restoration

Description of rule: The rule specifies that an applicant’s response to the report and recommendation made by the Committee on the Professions (COP) shall not contain any new evidentiary material.

Justification for continuation without modification: The rule is consistent with statutory authority and is needed to provide a more orderly and effective review of evidentiary information submitted in support of a restoration application.

Legal basis for rule: Education Law sections 207, 6506(1) and 6511.

Assessment of public comment: No public comment received.

OFFICE OF CULTURAL EDUCATION

Section 3.27 of the Rules of the Board of Regents, regarding museum collections management policies

Description of rule: The rule clarifies restrictions on deaccessioning of items in an institution's collections, consistent with generally accepted professional and ethical standards within the museum and historical society communities.

Justification for continuation without modification: rule is necessary to implement Regents policy to protect the public’s interest in collections held by chartered museums and historical societies.

Legal basis for rule: Education Law sections 101(not subdivided), 207(not subdivided), 215(not subdivided), 216(not subdivided) and 217(not subdivided).

Assessment of public comment: No public comment received.

90.7 Public librarian professional certificates

Description of rule: The rule ensures that public librarian professional certificate holders certified on or after January 1, 2010 will participate in continuous professional development.

Justification for continuation without modification: The rule is consistent with Regents policy to promote excellence in New York’s library workforce at all stages and levels

Legal basis for rule: Education Law sections 207(not subdivided), 208(not subdivided), 254(not subdivided), 272(1)(k)(3) and 279(not subdivided)

Assessment of public comment: No public comment received.

90.18 School library systems

Description of rule: The rule amends terminology primarily relating to the functions of school library systems to accurately reflect the current operations of such library systems and to omit references to obsolete practices and terms; amends certain terms relating to State aid for school library systems to accurately reflect the legislative intent of section 284 of the Education Law; amends certain terminology relating to school library systems to conform such provisions of the Commissioner’s Regulations to other corresponding sections of such regulations; amends the definition of a “coordinator of a school library system” to clarify that such a coordinator must possess a valid certificate as either a school administrator and supervisor (S.A.S.) or a school building leader (S.B.L.); and provides for the uniform application of the title of “Communications Coordinator” to persons serving such role in both BOCES and the Big Five city school districts, and clarifies the role of such persons, which is to effectuate two-way communication between districts and school library systems.

Justification for continuation without modification: The rule updates and clarifies certain terminology relating to the functions of and State aid for school library systems.

Legal basis for rule: Education law sections 282, 283 and 284.

Assessment of public comment: No public comment received.

OFFICE OF OPERATIONS AND MANAGEMENT SERVICES

Parts 275, 276 and section 100.2(y) Ed Law § 310 appeal procedures

Description of rule: the rule revises the procedures relating to appeals to the Commissioner of Education pursuant to Education Law section 310.

Justification for continuation without modification: The proposed rule is needed to clarify, update and prescribe appeal procedures and requirements, consistent with established practice.

Legal basis for rule: Education Law sections 101(not subdivided), 207(not subdivided), 215(not subdivided), 305(1) and (2), 310(not subdivided) and 311(not subdivided).

Assessment of public comment: No public comment received

OFFICE OF STATE REVIEW

Part 279 State Level Review of Impartial Hearing Officer Determinations Regarding Services for Students with Disabilities

Description of rule: The rule revises the procedures for state-level review of impartial hearing officer determinations regarding services for students with disabilities

Justification for continuation without modification: The rule is needed to clarify the procedures concerning appeals of impartial hearing officer decisions to a State Review Officer, correct citations and references and expedite and otherwise facilitate the processing of petitions for review to State Review Officers

Legal basis for rule: Education Law sections 101(not subdivided), 207(not subdivided), 311(not subdivided), 4403(1) and 93), 4404(2) and 4410(13)

Assessment of public comment: No public comment received.

B. CALENDAR YEAR 2003

OFFICE OF P-12 EDUCATION

Section 135.4 – Certified Athletic Trainers.

Description of Rule: The rule requires athletic trainers employed by school districts to be certified by New York State pursuant to Article 162 of the Education Law and to more specifically detail the scope of duties and responsibilities of Athletic Trainers employed by school districts.

Justification for continuation without modification: The previous regulations did not reflect provisions for New York State Certification of certified athletic trainers pursuant to Article 162 of the Education Law, thereby decreasing the incentive for some trainers to obtain such certification and for schools to hire qualified personnel. The rule allows New York State Education Department oversight and control over the professional practice of certification related to athletic trainers in high schools, and enables school districts to hire the most qualified candidates for athletic trainer positions.

Legal Basis for Rule: Education Law §§ 101, 207, 305(1) and (2), 803(5), 917(1) and (2), 3204(2), 8351 and 8352.

Assessment of public comment: No public comment received

Section 107.2 – Driver Education.

Description of Rule: The rule establishes a certification process by driver education courses of the amount of time a holder of a class DJ or class MJ learner’s permit has spent operating a motor vehicle while under the immediate supervision of a driver education teacher.

Justification for continuation without modification: The rule is needed to implement Education Law section 806-a, as added by Chapter 644 of the Laws of 2002, by establishing a certification process by driver education courses of the amount of time a holder of a class DJ or class MJ learner's permit has spent operating a motor vehicle while under the immediate supervision of a driver education teacher. The rule provides that the driver education teacher in a driver and traffic safety education course approved by the Commissioner shall, upon the request of his or her student who is the holder of a class DJ or class MJ learner's permit, certify on a form prescribed by the Commissioner of Motor Vehicles, the number of hours such student has spent operating a motor vehicle while under the immediate supervision of such driver education teacher.

Legal Basis for Rule: Education Law §§ 207, 305(1) and (2) and 806-a(2) and § 13 of Chapter 644 of the Laws of 2002

Assessment of public comment: No public comment received

Sections 247.1, 247.2, 247.3 and 247.4 – Vocational Rehabilitation Program

Description of Rule: The rule conforms the Commissioner’s Regulations pertaining to the Department’s operation of the vocational rehabilitation program to recent amendments to the Federal vocational rehabilitation regulations governing that program, and makes certain technical corrections.

Justification for continuation without modification: In recent years, The State Education Department's Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has implemented mediation as part of its due process system. The time to arrange and conduct a mediation session impinges upon the deadline for arranging for an impartial hearing. The previous Commissioner’s regulation reflected the 4 day time limit contained in the original, draft Federal regulation. When that regulation was finalized, the Secretary of Education discussed the need to allow time for mediation and also cited the overwhelming, nationwide support for extending that 45 day period. This rule allows VESID to use mediation, when appropriate, while preserving a due process system that is timely, quick and equitable. The rule also restates the criteria for determining eligibility in terms of the standards in the Commissioner's regulations, and eliminates an obsolete reference to the possible review of a hearing officer decision by the deputy commissioner, that is no longer available under Federal law. In addition, the title of section 247.3 is revised to reflect the addition of mediation as a dispute resolution tool.

Legal Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided) and 1004(1).

Assessment of public comment: No public comment received

Sections 200.1, 200.4, 200.16 and 201.10 – State alignment with federal regulations and technical amendments relating to special education.

Description of Rule: The rule aligns the State regulations with Federal regulations and technical amendments relating to special education.

Justification for continuation without modification: The rule is necessary to align State regulations consistent with Part 300 of the Code of Federal Regulations relating to the definition of mediator and to make technical corrections to the definition of independent educational evaluations, the contents of the individualized education program (IEP) for preschool students and to certain cross citations.

Legal Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided), 3214(3), 4403(3), 4404(not subdivided) and 4410(5).

Assessment of public comment: No public comment received

OFFICE OF HIGHER EDUCATION

Sections 3.47 and 3.50 – Authorization of degrees.

Description of Rule: The rule authorizes the conferral in New York State of the degree, Bachelor of Social Work (B.S.W.), for completion of a baccalaureate program in social work.

Justification for continuation without modification: Section 3.50 lists the titles and abbreviations of degrees authorized to be conferred in New York State and Section 3.47(c) classifies such degrees. The amendment arose from an institution of higher education's request to confer the Bachelor of Social Work (B.S.W.) degree for completion of a baccalaureate program in social work. The degree is commonly used in other states, and the amendment benefits students in New York by affording them the opportunity to earn a baccalaureate degree that is specific to the field of social work. Since the amendment benefits New York students and was supported by the State Board for Social Work and representatives of professional associations and institutions of higher education, the regulation will be continued without modification.

Legal Basis for Rule: Education Law §§ 207, 210, 218(1), and 224(4).

Assessment of public comment: No public comment received

Section 52.21 – Requirements for educational leadership programs.

Description of Rule: The rule improves the preparation of education leaders in New York State by establishing new requirements for college programs that prepare school building leaders, school district leaders, and school district business leaders.

Justification for continuation without modification: Section 52.21(c) was amended effective July 13, 2006, to clarify and strengthen requirements relating to the three educational leadership certifications. For registered School Building Leader (SBL) programs only, the 2006 amendment specified that programs must inform applicants, in writing, prior to admission, that the Department requires candidates to have completed three years of classroom teaching service and/or pupil personnel service experience, in public or non-public schools N-12, to qualify for initial SBL certification.

For registered School District Leader (SDL) programs only, the 2006 amendment specified that programs must inform applicants in writing, prior to admission, that the Department requires candidates to have completed three years of classroom teaching service and/or educational leadership service and/or pupil personnel service experience, in public or non-public schools N-12, to qualify for professional SDL certification.

The 2006 amendment pertaining to SDL certification also specified that candidates serving as school district leaders under "Transitional D" certificates must complete all program requirements to be recommended for professional SDL certification and that programs must support and supervise candidates as they complete the experience needed for professional certification. As a result of the 2006 amendment, the requirements for recommending candidates for SDL professional certification (alternative route) are described under Section 52.21(c)(4)(vii) of the Commissioner’s Regulations, in lieu of the repealed subparagraph (viii) of that Part.

For registered SDL and School District Business Leader (SDBL) programs, the 2006 amendment required non-certification SDL and SBL companion programs to meet all requirements for the respective certificates, except for completion of the certification exam. In addition, the 2006 amendment specified that the requirement to achieve a satisfactory level of performance on the New York State assessment for SDL or SDBL certification shall be waived if the candidate completes the registered SDL or SDBL program prior to the availability of the appropriate New York State assessment.

Legal Basis for Rule: Education Law §§ 207, 210, 215, 305(1), (2) and (7), 3004(1) and 3006(1).

Assessment of public comment: No public comment received

OFFICE OF THE PROFESSIONS

Sections 29.7(c), 63.6 and 63.8 – Pharmacy and the registration of New York pharmacies and Nonresident Establishments.

Description of Rule: The rule establishes requirements for the registration of nonresident establishments that ship, mail, or deliver prescription drugs and/or devices into New York State, remove unnecessary requirements for faxing a prescription to a New York pharmacy that is under contract to a hospital or nursing home, and delete outdated references to registered stores in the regulations.

Justification for continuation without modification: The rule is needed to establish standards for the registration of nonresident establishments that are pharmacies, and wholesalers and manufacturers of prescription drugs and devices, in accordance with section 6808-b of the Education Law, including the requirements that a nonresident establishment must meet in order to be registered in New York; standards and procedures for taking disciplinary action against a nonresident establishment, including revoking or suspending the registration of such establishments; to define a standard for an exception to the registration requirement for nonresident establishments that engage in isolated transactions in New York; to remove an unnecessary registration requirement for New York pharmacies; to delete unnecessary requirements for faxing a prescription to a pharmacy serving as a vendor of pharmaceutical services, based upon a contractual arrangement with an institution, such as a hospital or nursing home; and to remove outdated requirements for the registration of registered stores, since these stores no longer exist, and the statutory authority to register them was repealed by Chapter 538 of the Laws of 2001.

Legal basis for rule: Education Law §§ 207, 6504, 6506(1), 6507(2)(a), 6509(9), 6801, 6808(1) and 6808-b(2), (4)(c),(6), (8) and (9).

Assessment of public comment: No public comment received.

Sections 61.2 and 61.18 – Residency option pathway for dental licensure.

Description of Rule: The rule establishes requirements for a residency option pathway for dental licensure that would permit a candidate to substitute successful completion of an acceptable dental residency program for the licensure examination in clinical dentistry.

Justification for continuation without modification: In accordance with statute, the residency program must include an outcome assessment evaluation of the resident's competence to practice dentistry, acceptable to the State Education Department. The rule is needed to establish requirements for that outcome assessment evaluation. In addition, the rule is needed to establish requirements that define and clarify the residency programs that may be successfully completed by a candidate in lieu of the clinical licensing examination.

Legal Basis for Rule: Education Law §§ 207, 6506(1), 6507(2)(a), 6601(not subdivided) and 6604(3) and (4).

Assessment of public comment: No public comment received.

52.10, 72.1[c], 72.2[b] and [c], 72.4, and 72.6 - Licensure of Psychologists

Description of rule: The rule establishes requirements for limited permits to practice psychology, remove outdated registration requirements for educational programs leading to licensure in this profession, delete a provision concerning professional study for admission to the licensure examination, and repeal the regulatory definition of the practice of psychology which is now established in statute.

Justification for continuation without modification: The amendment is needed to implement the requirements of Chapter 676 of the Laws of 2002. This Chapter established a new route for obtaining a limited permit to practice psychology in section 7604(1-a) of the Education Law. This route permits an individual who has arranged for an acceptable supervised experience required for licensure to obtain a limited permit to participate in the experience.

Legal Basis for Rule: Sections 207(not subdivided), 210(not subdivided), 6506(1), 6507(2)(a) and (4)(a), 7601-a(1) and (2), 7603(2), and 7604(1) and (1-a) of the Education Law.

Assessment of public comment: No public comment received.

Sections 29.7(a), 63.6(b) and 63.8(b) – The practice of pharmacy and the registration of pharmacies.

Description of Rule: The rule establishes requirements relating to the counseling of patients by pharmacists and the maintenance of drug retail price lists by pharmacies.

Justification for continuation without modification: The rule requires that a pharmacist or pharmacy intern shall counsel patients in specified cases when prescriptions are delivered to the patient on the premises of the pharmacy. Such requirement is applicable in cases in which a prescription is dispensed for the first time for a new patient of the pharmacy or a prescription for a new medication for an existing patient of the pharmacy and/or a change in the dose, strength, route of administration or directions for use of an existing prescription previously dispensed for an existing patient of the pharmacy. The previous rule required the pharmacist or pharmacy intern to offer counseling to every patient for whom a prescription is delivered on the premises of the pharmacy. The rule is needed to improve efficiency in pharmacy practice, while strengthening the requirement in instances when counseling is appropriate. The rule is also needed to implement the requirements of section 6826 of the Education Law concerning drug retail price lists that must be maintained by pharmacies and made available to any person upon request. The rule is needed to specify the content of the sign that must be posted in the pharmacy advising the public of the retail drug price list and notice requirements for pharmacies that offer to dispense prescription drugs to consumers through an Internet website and/or through mail order.

Legal Basis for Rule: Education Law §§ 207, 6504, 6506(1), 6507(2)(a), 6509(9), 6801, 6806, 6808-b(2) and (6) and 6826(6).

Assessment of public comment: No public comment received.

Sections 61.9 and 61.13 – The practice of the profession of certified dental assisting and the profession of dental hygiene.

Description of Rule: The rule establishes additional dental supportive services that certified dental assistants may perform while under the direct personal supervision of a licensed dentist, and additional services that licensed dental hygienists may perform in the practice of dental hygiene while under the supervision of a licensed dentist as prescribed.

Justification for continuation without modification: Education Law section 6608 authorizes the Commissioner of Education to establish in regulation additional dental supportive services that a certified dental assistant may perform in the practice of certified dental assisting. The rule is needed to establish such appropriate additional dental supportive services that may be performed by certified dental assistants. The rule will benefit dental practice in the State by enabling the licensed dentist to use his or her staff more efficiently. The dentist will be able to delegate appropriate dental supportive services to trained staff, under the dentist's direct personal supervision. The State Board for Dentistry recommended that these additional supportive services be added to the scope of practice for certified dental assisting. In accordance with section 6608 of Education Law, all dental supportive services within the scope of practice of certified dental assisting may be performed by registered dental hygienists while under a dentist’s supervision as defined in Regulations of the Commissioner of Education. Therefore, the rule is also needed to include the additional services in the scope of practice of dental hygiene and to establish the appropriate level of supervision for those services. The rule was subsequently modified in 2007.

Legal Basis for Rule: Education Law §§ 207, 6506(1), 6507(2)(a), 6606(1) and (2) and 6608.

Assessment of public comment: The Department received public comment from the Dental Assisting National Board, Inc. (DANB), the American Dental Association recognized national certification board for dental assistants. DANB states that, since approximately 1994, section 6608 of the Education Law has contained provisions that refer to dental assistants, who hold a credential from New York State as “certified dental assistants” and section 61.13 of the Regulations of the Commissioner of Education also refers to these dental assistants in the same manner. According DANB this has and continues to create confusion and conflict because, prior to the enactment of this statute and promulgation of this regulation, DANB had trademarked the term “certified dental assistant” and the abbreviation “CDA” for its dental assistant certification. While DANB thanks Department staff and the New York State Board of Dentistry for its cooperation in addressing the issues created by the similarity between the terms used in the statute and regulation and DANB’s dental assistant certification terms, it stresses the need to amend the statute and then the regulation to eliminate confusion created by this similarity.

Department Response: The regulation implements Education Law § 6608. Therefore, no change is warranted.

Section 63.7(c)(1) – Mandatory continuing education for licensed pharmacists.

Description of Rule: The rule requires licensed pharmacists to complete, as part of the existing 45-hour continuing education requirement that they must complete in each registration period, at least three hours in the processing and strategies that may be used to reduce medication and/or prescription errors.

Justification for continuation without modification: The rule specifies certain necessary areas of continuing education to foster safe pharmacy practice.

Legal Basis for Rule: Education Law §§ 207, 6502(1), 6504, 6507(2)(a) and 6827(2).

Assessment of public comment: No public comment received.

Sections 52.9 and 61.17 – Dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia certificate.

Description of Rule: The rule establishes procedures and education and training requirements for licensed dental hygienists to be certified to administer and monitor local infiltration anesthesia and nitrous oxide analgesia in the practice of dental hygiene under the personal supervision of a licensed dentist and requirements that college programs must meet to be registered by the State Education Department as leading to certification in this field.

Justification for continuation without modification: The rule is needed to ensure that licensed dental hygienists receive education and training sufficient to ensure the competent administration and monitoring of local infiltration anesthesia and nitrous oxide analgesia in the practice of dental hygiene. In addition, the rule is needed to establish standards for college programs leading to certification in this field. The amendment establishes specific content requirements for such programs.

Legal Basis for Rule: Education Law §§ 207, 6506(1), 6507(2)(a), 6605-b(1),(2) and (3) and 6606.

Assessment of public comment: No public comment received.

Sections 52.15 and 78.4 – Licensure in Massage Therapy.

Description of Rule: The rule clarifies clock hour requirements for programs leading to licensure in massage therapy and requirements for the endorsement of a license in massage therapy issued by another state, country, or territory.

Justification for continuation without modification: The rule is needed to clarify the intent of the Commissioner’s regulations. It requires programs leading to licensure in massage therapy to include at least 1,000 clock hours of classroom instruction or the semester equivalent. The previous language of the regulation required the program to include 1,000 hours (50 minutes each) of classroom instruction. This lead to confusion because the State Education Department has required programs leading to licensure to include at least 1,000 clock hours of classroom instruction. All such programs have met this requirement. The rule is needed to conform the language of the regulation to existing practice.

Legal Basis for Rule: Education Law §§ 207, 210, 6506(1) and (6), 6507(2)(a) and (4)(a), 7802 and 7804(2).

Assessment of public comment: No public comment received.

Section 68.11 – Mandatory Continuing Education Requirements for Professional Engineers.

Description of Rule: The rule sets forth the continuing education requirements and standards that licensed professional engineers must meet to be registered to practice in New York State and requirements for approval of sponsors of such continuing education.

Justification for continuation without modification: The rule is needed to clarify and implement the requirements of section 7211 of the Education Law, as added by Chapter 146 of the Laws of 2002. As required by statute, the rule is also needed to establish continuing education requirements when there is a lapse in practice, requirements for licensees under conditional registration, and standards for the approval of sponsors of continuing education to licensed professional engineers. In addition, the rule is needed to establish a fee for the review by the State Education Department of sponsors of courses of learning or self-study programs in order to defray the cost of such review.

Legal Basis for Rule: Education Law §§ 207, 212(3), 6502(1), 6504, 6507(2)(a), 6508(1), 7211(1)(a), (b), (c) and (d), (2),(3), (4), (5), and (6) and § 2 of Chapter 146 of the Laws of 2002.

Assessment of public comment: No public comment received.

Section 68.12 – Mandatory Continuing Education Requirements for Licensed Land Surveyors.

Description of Rule: The rule sets forth the continuing education requirements and standards that licensed land surveyors must meet to be registered to practice in New York State and requirements for approval of sponsors of such continuing education.

Justification for continuation without modification: The rule is needed to clarify and implement the requirements of section 7212 of the Education Law, as added by Chapter 135 of the Laws of 2002 and renumbered and amended by Chapter 410 of the Laws of 2003. As required by statute, the proposed rule is also needed to establish continuing education requirements when there is a lapse in practice, requirements for licensees under conditional registration, and standards for the approval of sponsors of continuing education to licensed land surveyors. In addition, the rule is needed to establish a fee for the review by the State Education Department of sponsors of courses of learning or self-study programs in order to defray the cost of such review.

Legal Basis for Rule: Education Law §§ 207, 212(3), 6502(1), 6504, 6507(2)(a), 6508(1), 7212(1)(a), (b), (c) and (d), (2), (3), (4), (5), and (6) and § 1 of Chapter 410 of the Laws of 2003.

Assessment of public comment: No public comment received.

OFFICE OF CULTURAL EDUCATION

Part 179 – Apportionment of Funds to Educational Broadcast Councils.

Description of Rule: Apportionment of Funds to Educational Broadcast Councils.

Justification for continuation without modification: The rule is necessary to prescribe requirements regarding how the annual appropriation for public television is apportioned among New York’s nine funded public television stations; to specify the reporting requirements to remain eligible to receive public funding; and to update language from "instructional" services to "educational telecommunications" services to reflect the current practices and trends in public broadcasting in New York State.

Legal Basis for Rule: Education Law §§ 207(not subdivided) and 236(3), (4) and (5).

Assessment of public comment: No public comment received.

Sections 185.5 and 185.11 – Local Government Records Management.

Description of Rule: The rule makes necessary changes and additions in order to update Records Retention and Disposition Schedule MU-1 and corrects the name and address of the State Archives to which one can submit requests for records retention and disposition schedules.

Justification for continuation without modification: The rule revised Records Retention and Disposition Schedule MU-1, thus providing cities, towns, villages and fire districts with means to dispose of records not listed on the previous schedule, to maintain voluminous records no longer than the records are needed, and to make the schedule easier to understand. In addition, the rule is needed to provide the correct name and address of the State Archives to ensure that requests for copies of records retention and disposition schedules are handled in a timely manner.

Legal Basis for Rule: Education Law § 207(not subdivided) and Arts and Cultural Affairs Law § 57.25(2).

Assessment of public comment: No public comment received.

OFFICE OF MANAGEMENT SERVICES

C. CALENDAR YEAR 1998

OFFICE OF P-12 EDUCATION

155.16 Energy Performance Contracts

Description of Rule: The regulation establishes criteria for the development and approval of energy performance contracts of school districts and BOCES in accordance with Energy Law section 9-103(8) and in consultation with the State Energy Research and Development Authority and enables school districts and BOCES to reduce energy consumption and improve efficiency.

Justification for continuation without modification: The regulation is necessary to comply with sections 1 and 78 of Part A of section 1 of Chapter 436 of the Laws of 1997.

Legal Basis for Rule: Education Law sections 101, 207 and 305(27), Energy Law section 9-103(8) and sections 1 and 78 of Part A of section 1 of Chapter 436 of the Laws of 1997.

Assessment of public comment: No public comment received

100.7(i) and 116.4 Alternative High School Equivalency Preparation Programs

Description of Rule: The regulation makes residential facilities operated by the State Office of Children and Family Services eligible to operate approved alternative high school equivalency preparation programs for students at least 16 years of age and under the age of 18. It also permits students in these facilities to take the GED test at the same age as students in local school districts or BOCES. It allows students to be eligible to take the GED test when they are released from these facilities should they be unable or unwilling to return to the public school system. The regulation was amended in 1999 to expand the age range of students and subdivision 100.7 (i) was renumbered as subdivision 100.7 (h).

Justification for continuation without modification: the rule ensures equal access for students in facilities operated by the Office of Children and Family Services to participate in programs leading to a high school equivalency diploma.

Legal Basis for Rule: Education Law sections 207, 208, 209 and 3205(1), (2) and (3).

Assessment of public comment: No public comment received

100.13 Operating Standards Aid

OFFICE OF CULTURAL EDUCATION

3.27 and 3.30 Museums and Historical Societies chartering and registration

Description of Rule: Every Regents-chartered museum and historical society must adopt a collections management policy which conforms to generally accepted professional and ethical standards; collecting must follow the specific purposes of the institution as enumerated in its charter; only those institutions which have collecting as one of the stated purposes in their charter shall hold collections; donors must be given a clear understanding of what will happen to their gifts to the collection; and the use of funds derived from the sale (deaccession) of collections is restricted to acquisition, preservation, protection or care of collections, with certain exceptions if warranted.

Justification for continuation without modification: The rule protects collections, the public and chartered institutions by ensuring that artifacts held in trust for the public are gathered, maintained, preserved and made available according to accepted professional and ethical standards, including standards enumerated by the American Association of Museums, the American Association for State and Local History, and the International Council of Museums. Adoption of a Collection Management Policy means that each institution will collect only as appropriate to its corporate purposes; the public will be informed as to what each institution collects; each institution’s trustees and staff will have a framework in which to make informed decisions about adding items to and removing items from the collection; and the temptation is removed to sell collections in order to finance general operations rather than to enhance or protect the collection.

Legal Basis for Rule: Education Law sections 207 and 216.

Assessment of public comment: No public comment received.

90.2(a)(9) Library Registration

Description of Rule: To provide minimum standards for equipment that better accommodates rapidly changing developments in new technology.

Justification for continuation without modification: The Commissioner of Education has determined that revisions were necessary in the part of the regulation relating to equipment because the current language did not reflect the technological environment in which libraries exist today. The rule eliminated the requirement for a microform reader, as many smaller, rural libraries found this requirement expensive and duplicative. The rule also requires public and association libraries to have the capability to provide telefacsimile transmissions and electronic communications, rather than requiring a specific type of equipment to perform those functions.

Legal Basis for Rule: Education Law sections 207, 215, 254 and 273(1)(f)(5).

Assessment of public comment: No public comment received.

90.3 Public Library System Plan of Service

Description of Rule: the rule requires each public library system to include in its plan of service a direct access provision for the total library resources within the system to all individuals residing within the system boundaries, and procedures for modification of its direct access conditions. The plan of service also includes procedures whereby libraries may modify direct access conditions of the system or of individual libraries.

Justification for continuation without modification: The rule reaffirms the commitment of no direct charge to an individual for public library services, requires a specific plan from the public library system for providing library services to unserved and underserved areas, helps reduce the burdens on overused libraries, allows flexibility for library systems to respond to local patterns of use and modify free direct access at the public library system level, and provides a procedure for waivers when remedies were needed outside of those listed in the regulation.

Legal Basis for Rule: Education Law sections 207, 254, 255(1), (2) and (3), 272(1)(g) and (h) and 273(1).

Assessment of public comment: No public comment received.

179.2 Operating Aid to Public Broadcasting Councils

Description of Rule: the rule amended the provision of the Commissioner's Regulations regarding public broadcasting council organization and funding to allow two or more councils to consolidate into one council and to provide for an up to 3 year transition period during which time the newly consolidated council receives the amount of State operational aid the individual councils would have received if they had not consolidated. In 1998, subsection (e) was added to address what would happen if two or more public television stations were to merge.

Justification for continuation without modification: the rule eliminates disincentives for the consolidation of public broadcasting councils, and thereby encourages the consolidation of councils, resulting in increased efficiency and cost savings to the State.

Legal Basis for Rule: Education Law sections 207, 263(3) and 263(4).

Assessment of public comment: No public comment received.

OFFICE OF THE PROFESSIONS

Sections 3.47 and 3.50 - Master of Physical Therapy Degree and Abbreviations of Pharmacy Degrees

Description: These sections of Regents Rules were amended to authorize the conferral of a new degree, Master of Physical Therapy (M.P.T.), for completion of a professionally oriented master's degree program in physical therapy and to conform the abbreviations of three professional pharmacy degrees to current national usage.

Justification for continuation without modification: The need for schools to be able to award the M.P.T. degree arose from a request by a university to offer a physical therapy program leading to this degree. The M.P.T. degree benefits students by affording them the opportunity to earn a degree specific to the profession of physical therapy. The amendment to conform the abbreviations of the three professional pharmacy degrees to nationally accepted usage was proposed by the State Board of pharmacy, pharmacy educators, and licensed professionals in New York State.

Legal Basis for Rule: Education Law sections 207, 210, 218(1); 224(4); and 6734(b).

Assessment of public comment: No public comment received.

Section 52.28 and Part 67 - Ophthalmic Dispensing Education and Licensure Requirements

Description: This rule sets forth in regulations the existing standards for registered programs leading to licensure in ophthalmic dispensing and certification in the fitting of contact lenses; strengthen the alternative training and experience requirements for applicants who have not completed a registered program in ophthalmic dispensing or its equivalent; and clarify the examination requirements for licensure and certification.

Justification for continuation without modification: the rule is needed to strengthen the alternative training and experience requirements for applicants who have not completed a registered program in ophthalmic dispensing by ensuring adherence to a common curriculum which has been determined by a national body of opticians to be equivalent to the didactic course work provided in registered programs in ophthalmic dispensing. The requirement of on-site supervision by a licensee is needed to ensure the on-site presence of a licensed practitioner when services are provided by an applicant-trainee. Moreover, the provision requiring a ratio of one applicant-trainee to one supervising licensee will ensure that appropriate and adequate supervision and training is provided to the applicant. Finally, limiting renewal of the training permit to a maximum of three years will help to ensure that supervisors provide appropriate learning experiences for an applicant-trainee within a reasonable time period.

Legal Basis for Rule: Education Law sections 207, 210, 6501, 6504, 6506(1), 6507(2)(a), (4)(a), 6508(1), 7121, 7124(a)(2) and (3) and (b) and 7125(c).

Assessment of public comment: No public comment received.

Section 66.5 - Phase Two Therapeutic Pharmaceutical Agents

Description: This rule implements requirements relating to the certification of optometrists, to use phase two therapeutic pharmaceutical agents, including clarifying clinical training requirements, examination requirements, reporting requirements and continuing education requirements.

Justification for continuation without modification: The regulation is needed to implement section 7101-a of Education Law. The regulation establishes standards for clinical training and the examination necessary for certification, establishes requirements for the reporting of the use of phase two drugs, and establishes requirements for continuing education.

Legal Basis for Rule: Education Law sections 207, 6502(1), 6504, 6507(2)(a)(3)(a) and 4(a), 6508(1) and (2), 7101, 7101-a(1)(f), (3), (4), (7), (9), (9a) and (11); and Ch. 517, L. 1995, sections 3 and 4(b).

Assessment of public comment: No public comment received.

Section 67.6 - Ophthalmic Dispensing Continuing Education Requirements

Description: This rule specifies the manner in which licensed ophthalmic dispensers and those certified to dispense contact lenses shall meet the continuing education requirements specified in Education Law for triennial registration. This regulation includes provisions for exemptions, conditional registrations and other procedures necessary to implement the law.

Justification for continuation without modification: The regulation is needed to implement Education Law section 7128 by establishing standards for what constitutes acceptable formal continuing education, educational requirements when there is a lapse in practice, requirements for licensees under conditional registration and standards for the approval of sponsors of continuing education to licensed ophthalmic dispenser.

Legal Basis for Rule: Education Law sections 207, 212(3), 6502(1), 6504, 6507(2)(a), 6508(1) and 7128(1)-(6).

Assessment of public comment: No public comment received.

Section 24.7 - Fee for Review of Application for Restoration of Professional License

Description: This rule establishes fee requirements for the filing of petitions for restoration of professional licenses that have been revoked or surrendered.

Justification for continuation without modification: The Board of Regents is authorized to restore a license which has been revoked (Education Law § 6511). This rule is necessary to implement the processes by which the Board of Regents considers petitions for the restoration of a professional license that was either revoked or surrendered.

Legal Basis for Rule: Education Law sections 207, 6504, 6506(1) and (10), 6508(4) and 6511.

Assessment of public comment: No public comment received.

Section 52.29, 63.1, 63.4 and 63.5 - Pharmacy Education and Licensure Requirements

Description: These regulations define educational and examination requirements for licensure in the profession of pharmacy. The regulations provide curriculum detail, define what constitutes an acceptable accrediting body, and provide a basis for licensure of pharmacists that graduate from non-accredited programs.

Justification for continuation without modification: The rule provides needed clarity since there are no other definitions of an acceptable educational curriculum for pharmacists in New York State. Additionally, the rule is required as a foundation for comparison of foreign non-accredited programs of study.

Legal Basis for Rule: Education Law sections 207, 210, 6501, 6506(6), 6507(2)(a) and (4)(a), 6508(1), 6805(1)(2) and 6806(1).

Assessment of public comment: No public comment received.

OFFICE OF HIGHER EDUCATION

145-9 Scholarships for Academic Excellence Program

Description of Rule: the rule changed the name of the Merit Scholarship for Academic Excellence program to the Scholarships for Academic Excellence program and corrected a citation to the Education Law relating to the school allocation formula for the scholarship program.

Justification for continuation without modification: the rule is necessary to comply with the statutory name of the scholarship program and to provide a correct citation to the Education Law relating to the school allocation formula set forth in statute. Section 83 of Part C of Chapter 58 of the Laws of 1998 amended sections 605-a and 670-b of the Education Law to change the name of the Merit Scholarships for Academic Excellence to the Scholarships for Academic Excellence.

Legal Basis for rule: Education Law sections 207, 605-a(1)(b), 670-b(1), section 12 of Chapter 309 of the Laws of 1996, and section 83 of Part C of Chapter 58 of the Laws of 1998.

Assessment of public comment: No public comment received.

D. CALENDAR YEAR 2015 (3 Year Review)

OFFICE OF P-12 EDUCATION

Section 100.2(c)(11) CPR/AED Instruction

Description: Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)

Justification for continuation without modification: To require hands-only instruction in CPR and instruction in the use of AEDs in senior high schools.

Legal Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided), 305(1), (2), (20) and (52), 308(not subdivided), 804-c(2), 804-d(not subdivided) and Chapter 417 of the Laws of 2014.

Assessment of public comment: No public comment received

Section 200.9 SEIS Reimbursement

Description: Special Education Itinerant Services (SEIS)

Justification for continuation without modification: To revise the SEIS tuition reimbursement methodology to: (1) provide that reimbursement is to be paid upon the actual provision of SEIS to the student, in conformity with Chapter 56 of the Laws of 2014; (2) allow flexibility in how the minimum billable units of service adjustment are applied; and (3) clarify that consultation with a student’s regular early childhood provider is expressly included as a potential function of a special education itinerant teacher.

Legal Basis for Rule: Education Law sections 101 (not subdivided), 207(not subdivided), 305(1), (2) and (20), 4003(1) and (2), 4401(5), 4405(4) and 4410(10), and section 11 of Part A of Chapter 56 of the Laws of 2014

Assessment of public comment: No public comment received

OFFICE OF HIGHER EDUCATION

Section 145-2.2 Tuition Assistance Program Academic Standing

Description: Tuition Assistance Program.

Justification for continuation without modification: Establishment of standards for a student to regain good academic standing for the purposes of receiving awards under TAP.

Legal Basis for Rule: Education Law sections 101, 207 (not subdivided), 305(1) and (2), 602(2), 661(2) and 665(6).

Assessment of public comment: No public comment received

Sections 30-1.3, 82-1 and 83-3 Probationary Appointments and Tenured Teacher Hearings

Description: Probationary Appointments and Tenured Teacher Hearings

Justification for continuation without modification: To Implement Subparts D and G of Part EE Chapter 56 of the Laws of 2015

Legal Basis for Rule: Education Law sections 207(not subdivided), 215(not subdivided), 305(1) and (2), 2509(1) and (2), 2573(1), (5) and (6), 3001(2), 3004(1), 3009(1), 3012(1) and (2), 3012-c(1-10), 3012-d(1-15), 3014(1) and (2), 3020(3) and (4), 3020-a(2) and 3020-b(1-6), and Subparts D and G of Part EE of Chapter 56 of the Laws of 2015.

Assessment of public comment: No public comment received

OFFICE OF THE PROFESSIONS

Sections 3.47 and 3.50 Doctorate in Occupational Therapy (O.T.D.)

Description: Doctor of Occupational Therapy (O.T.D.) degree.

Justification for continuation without modification: To authorize the conferral in New York State of the degree of Doctor of Occupational Therapy (O.T.D.).

Legal Basis for Rule: Education Law sections 207(not subdivided), 210 (not subdivided), 214 (not subdivided), 215 (not subdivided), 218(1), 224(4), and 305(1) and (2).

Assessment of public comment: No public comment received.

OFFICE OF CULTURAL EDUCATION

Section 230.2 Cultural Education Center Facilities

Description: Use of Department Facilities in the Cultural Education Center

Justification for continuation without modification: To prescribe standards for the use of Cultural Education Center facilities

Legal Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided) and 305(1), (2), (6) and (20)

Assessment of public comment: No public comment received.

E. CALENDAR YEAR 2014 (4 YEAR REVIEW)

OFFICE OF P-12 EDUCATION

Sections 154.2 and 154.3 of the Regulations of the Commissioner relating to Examination Requirements for Identifying Pupils with Limited English Proficiency

Description: Pupils with Limited English Proficiency

Justification for continuation without modification: To specify the NYS Identification Test for English Language Learners (NYSITELL) for purposes of identifying LEP pupils.

Legal Basis for Rule: Education Law sections 207(not subdivided), 208(not subdivided), 215(not subdivided), 305(1) and (2), 2117(1) and 3204(2), (2-a), (3) and (6).

Assessment of public comment: No public comment received

Sections 200.7 and 200.15 of the Regulations of the Commissioner of Education Relating to Chapter 501 of the Laws of 2012 (“Protection of People with Special Needs Act”)

Description: Protection of People with Special Needs Act (L. 2012, Ch. 501)

Justification for continuation without modification: To conform Commissioner's Regulations relating to students attending residential schools to L. 2012, Ch. 501.

Legal Basis for Rule: Education Law sections 101(not subdivided), 207(not subdivided), 4002(1)-(3), 4212(a), 4314(a), 4358(a), 4403(11), 4308(3), 4355(3), 4401(2), 4402(1)-(7), 4403(3), (11) and (13), 4410(1)-(13), and Chapter 501 of the Laws of 2012

Assessment of public comment: No public comment received