Because the Board of Regents meets at fixed intervals, the earlier the proposed amendment could be adopted by regular (non-emergency) action, pursuant to the requirements of the State Administrative Procedure Act- including publication in the State Register and expiration of a 60-day public comment period, is the April 2020 Regents meeting, and the earliest an adoption at such meeting could be made effective would be April 22, 2020.

The recommended action is being proposed as an emergency measure because such action is necessary for the preservation of the general welfare in order to ensure that the Rules of the Board of Regents are immediately brought into conformance with changes in the Department’s internal organization, so as to ensure that the Counsel is able to immediately carry out her duties and responsibilities relating to the Counsel’s designation as the deputy commissioner of education under Education Law section 101, including the ability to exercise and perform the functions, powers and duties of the Commissioner in his or her absence or disability, or if a vacancy exists in the office of the Commissioner.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at the April 2020 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by the State Administrative Procedure Act. However, since the emergency regulation will expire before the April 2020 Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the March 2020 Regents meeting.

(b) The [executive deputy commissioner] counsel shall be the deputy commissioner of education as specified in section 101 of the Education Law. In the absence or disability of the commissioner or when a vacancy exists in the office of commissioner, the [executive deputy commissioner] counsel shall exercise and perform the functions, powers and duties conferred or imposed on the commissioner by statute and by rule of the Regents.

1. STATUTORY AUTHORITY:

Education Law § 101 (not subdivided) designates the Board of Regents as the head of the State Education Department and the Commissioner of Education as Chief administrative officer. The statute provides that the Regents may also appoint and, at please, remove a deputy commissioner of education, who shall perform such duties as the Regents may assign by rule and who, in the absence or disability of the Commissioner or when a vacancy exists in the office of Commissioner, shall exercise and perform the functions, powers and duties conferred or imposed on the Commissioner by the Education Law.

2. LEGISLATIVE OBJECTIVES:

Consistent with the authority granted to the Board of Regents pursuant to Education Law section 101, the proposed amendment designates the Counsel of the State Education Department as the deputy commissioner of education as specified in Education Law section 101: “…who shall perform such duties as the regents may assign to him by rule and who, in the absence or disability of the commissioner or when a vacancy exists in the office of commissioner, shall exercise and perform the functions, power and duties conferred or imposed on the commissioner by this chapter.”

3. NEEDS AND BENEFITS:

The propose amendment is necessary to conform the Rules of the Board of Regents to changes made in the internal organization of the State Education Department, regarding vacancy in the position of executive deputy commissioner. The amendment will designate the Counsel of the State Education Department as the deputy commissioner of education as specified in Education Law section 101, who, in the absence or disability of the Commissioner or when a vacancy exists in the office of Commissioner, shall exercise and perform the functions, powers and duties of the Commissioner.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government, including the State Education Department.

b. Costs to local government: The amendments do not impose any costs on local government.

c. Costs to private regulated parties: The amendments do not impose any costs on private regulated parties.

d. Costs to regulating agency for implementation and continued administration: The amendments do not impose any costs on the regulating agency for implementation and continued administration.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment relates solely to the internal administration of the State Education Department and does not impose any program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.

6. PAPERWORK:

The proposed amendment does not impose any reporting or other paperwork requirements.

7. DUPLICATION:

The proposed amendment relates solely to the internal administration of the State Education Department. There are no relevant statutes, rules, or other legal requirements of the State and Federal governments, including those which may duplicate, overlap or conflict with the rule.

8. ALTERNATIVES:

The proposed amendment is necessary to conform the Rules of the Board of Regents to changes in the internal organization of the State Education Department. There are no significant alternatives and none were considered.

9. FEDERAL STANDARDS:

There are no applicable standards of the Federal government for the subject are of the proposed amendment, which relates solely to the internal administration of the State Education Department.

10. COMPLIANCE SCHEDULE:

The proposed amendment relates solely to the internal administration of the State Education Department and does not impose any compliance requirements on any regulated parties.

The proposed amendment relates solely to the internal organization of the State Education Department, regarding vacancy in the position of executive deputy commissioner and does not impose any adverse economic impact, reporting, recordkeeping or other compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no further steps were needed to ascertain that fact and non were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

The proposed amendment relates solely to the internal organization of the State Education Department regarding vacancy in the position of executive deputy commissioner and does not impose any adverse economic impact, reporting, recordkeeping or other compliance in public and private sector interests in rural areas. Because it is evident from the nature of the proposed amendment that it does not affect such interests, no further steps were needed to ascertain that fact and non were taken. Accordingly, a rural flexibility is not required and one has not been prepared.

The proposed amendment relates solely to the internal organization of the State Education Department regarding vacancy in the position of executive deputy commissioner and will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that no substantial impact will occur, no further steps were needed to ascertain that fact and non were taken. Accordingly, a job impact statement is not required and one has not been prepared.