• Instructional day and hour requirements;

• The service of pleadings and supporting papers for appeals to the Commissioner pursuant to Education Law § 310;

• Charter school lotteries, reporting requirements, and payments by public school districts to Charter schools;

• Annual visits to nonpublic nursery schools and kindergartens by Department staff;

• Annual assessments for homeschool students;

• Continuous experience requirements for certain professions;

• Examination timeframe requirements for Public Accounting applicants;

• Educational program requirements for licensure in a profession under Title VII of the Education Law;

• In person supervision experience requirements for certain professions;

• Filing and submission timelines for Part 83 and Part 87 appeals to the Commissioner;

• The definition of the term “prospective school employee”;

• Certain procedures and timeframes for special education due process hearings;

• Timeframes related to special education programs and services;

• Filings with the Office of State Review;

• Certain timelines relating to Bilingual education;

• English language learners’ annual assessment;

• Unit of study requirements;

• Required Dignity for All Students Act (DASA) training;

• Teacher performance assessments (edTPA);

• Statement of continued eligibility (SOCE) and limited extension application deadline, and special education full-time teaching experience deadline; and

• School and district accountability.

Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (nonemergency) adoption, after publication in the State Register and expiration of the 60-day public comment period required in the State Administrative Procedure Act (SAPA) sections 201(1) and (5), is the July 2020 Regents meeting. However, because the COVID-19 crisis is presently affecting the State of New York, emergency action is necessary for the preservation of public health and the general welfare in order to immediately provide flexibility for certain regulatory requirements in response to the COVID-19 crisis.

It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the July 2020 Regents meeting, which is the first scheduled meeting after the 60-day public comment period prescribed in SAPA for State agency rule makings. However, since the emergency regulation will expire before the July meeting, it is anticipated that an additional emergency action will be presented for adoption at the June 2020 Regents meeting.

• State Aid

o Permits public school districts, public schools and charter schools to operate for less than 180 days during the 10 month school year for any school day that is closed pursuant to an Executive Order for the COVID-19 crisis and waived from the 180-day requirement pursuant to the terms of such Executive Order(s).

o Permits missed instructional hours for any day that a school is closed and the 180-day requirement is waived pursuant to the terms Executive Order(s) of the Governor pursuant to the state of emergency for the COVID-19 crisis to count towards the minimum annual instructional hour requirements set forth in such section.

• 310 Appeals to the Commissioner

o Permits service of pleadings and supporting papers for appeals to the Commissioner pursuant to Education Law § 310 by alternative means during the time period of any movement restrictions or school closures directed by the Governor pursuant to an Executive Order during the COVID-19 crisis.

• Charter Schools

o Permits the Commissioner to excuse delays in required reporting by charter schools to public schools for the length of time of a school closure ordered pursuant to an Executive Order of the Governor pursuant to a State of emergency for the COVID-19 crisis, provided such delay does not exceed 30 days. When there is a delay in reporting by a charter school, the amendments also permit the Commissioner to excuse any delay in payment by a public school to a charter school, provided such delay does not exceed 30 days.

o Requires charter schools to provide notice on their website of the date, time and place of lotteries for the random selection process for charter school student applicants if such lottery is provided during a school closure ordered pursuant to an Executive Order of the Governor pursuant to a State of emergency for the COVID-19 crisis. Additionally, the amendments permit such lotteries to be held remotely, provided that the public has the opportunity to view or listen and such lottery is recorded and later transcribed.

• Early Learning

o Permits prekindergarten programs to operate for less than the 180-day and 90-day requirements where such programs were scheduled to operate, but the school where such program operates is closed pursuant to an Executive Order of the Governor pursuant to the State of emergency for the COVID-19 crisis.

o Permits Department staff who are unable to conduct their annual visit of nonpublic nursery schools and kindergartens as required by paragraph (c) of such section because they are closed pursuant to an Executive Order of the Governor pursuant to the State of emergency for the COVID-19 crisis, to conduct such annual visit as soon as practicable when they reopen.

• Home Instruction

o Provides that an alternative form of evaluation, in lieu of an annual assessment, shall be permitted for all grades in the 2019-20 school year due to the State of Emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Professions

o Allows the Department to excuse the continuous experience requirements for speech language pathology, audiology, and occupational therapy where such continuous experience cannot be completed due to the State of Emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

o Allows the Department to accept passing examination scores from Public Accounting applicants that are outside the required 18 month examination window where such examinations cannot be completed within 18 months due to the State of Emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

o Allows the Department to modify professional educational program requirements for licensure, to the extent authorized by law, if such requirements cannot be successfully completed due to the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

o Grants an exemption for in person supervision experience requirements for licensed clinical social work, licensed master social work, mental health counseling, marriage and family counseling, creative arts therapy, and psychoanalysis if such in person supervision cannot be completed due to the State of Emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Part 83 and Part 87 Appeals

o Permits the Commissioner to excuse the filing timeframes prescribed in such section relating to appeals to the Commissioner of a hearing officer’s determination of good moral character where such late filings are due to the State of emergency declared by the Governor pursuant to the an Executive Order for the COVID-19 crisis.

o Permits: (i) the Department to excuse late submissions relating to due process procedures for prospective employees’ clearance for employment; and (ii) the Commissioner’s designee to excuse late submissions relating to appeals of the Department’s determination to deny prospective school employees’ clearance for employment where such submissions are late due to the State of emergency declared by the Governor pursuant to the an Executive Order for the COVID-19 crisis.

o Adds to the definition of “prospective school employee” any individual who will reasonably be expected to provide services which involve online communication or interaction directly to students under the age of 21 during the period of a school closure ordered pursuant to an Executive Order of the Governor pursuant to a State of emergency for the COVID-19 crisis.

• Special Education

o Ensures that State approved private schools, State operated schools, Special Act School Districts, State supported schools and preschools to operate for less than 180 days during the 10 month school year for any school day that is closed pursuant to an Executive Order for the COVID-19 crisis and waived from the 180-day requirement pursuant to the terms of such Executive Order(s).

o Allows impartial hearing officers to conduct special education due process hearings by video conference during the COVID-19 crisis.

o Allows hearing officers to extend cases up to 60 days rather than 30 days while schools are closed pursuant to an Executive order issued by the Governor pursuant to a State of Emergency for COVID-19. This allows Impartial Hearing Officers better flexibility while school witnesses, administrators and parents are unavailable to partake in due process hearings.

o Requires preschool providers to make-up missed services within 30 days of the missed session. The proposed amendment will not include days that the school is closed pursuant to an Executive Order of the Governor issued pursuant to a State of emergency for the COVID-19 crisis.

o Extends the time period to arrange for special education programs and services to be provided to a student with a disability from 60 school days of receipt of consent to evaluate so that the 60 days will not include any day(s) that such school is closed pursuant to an Executive order issued by the Governor pursuant to a State of emergency for COVID-19. As well, 30 school days will be extended for arranging an approved non-public school placement.

• Office of State Review

o Provides that a State Review Officer may authorize certain filings through electronic means during the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis.

• Bilingual Education

o Provides that any day(s) where a school is closed pursuant to an Executive Order of the Governor pursuant to a State of emergency for the COVID-19 crisis does not count towards the following timelines: English language learner identification process timeline; parental notification and information timeline, and the English as a New Language/Bilingual Education placement timeline.

o Provides an exemption to students from the unit of study requirements where a student is unable to meet such requirements due to schools being closed pursuant to an Executive Order of the Governor pursuant to the State of emergency for the COVID-19 crisis and where such student otherwise achieves the learning outcomes for such course of study.

o Provides that for the 2019-2020 school year, there will be no English language learner annual assessment due to such assessment being suspended as result of the COVID-19 crisis.

• Curriculum and Instruction

o Provides an exemption to students from the unit of study requirements where a student is unable to meet such requirements due to schools being closed pursuant to an Executive Order of the Governor pursuant to the State of emergency for the COVID-19 crisis and where such student otherwise achieves the learning outcomes of such portion of unity of study completed.

• Higher Education

o Permits the Dignity for All Students Act (DASA) training to be conducted entirely online during the time period of the State of emergency declared by the Governor pursuant to an Executive Order for the COVID-19 crisis (Attachment A #’s 44-51).

o Creates an edTPA safety net for candidates in registered educator preparation programs (EPPs) whose student teaching or similar clinical experience in spring of 2020 was impacted by COVID-19, holding them harmless. These candidates would be able to take and pass either the ATS-W or edTPA. Eligible candidates who choose to take the edTPA but do not pass it, could take and pass the ATS-W, or pursue the edTPA Multiple Measures Review Process (MMRP), if they qualify.

o Extends the SOCE application deadline from June 30, 2020 to June 30, 2021 so that school districts have time to identify staff who are eligible for the SOCE, inform them about the application process and any supports provided, and submit the materials needed for applications since school districts are losing time during the COVID-19 crisis as the SOCE deadline approaches.

o For the SOCE and limited extension, special education teachers must complete their satisfactory full-time teaching experience, while being considered Highly Qualified through passing a HOUSSE rubric in the subject area, prior to June 30, 2020. The Department is proposing to extend the time period by which the experience must be completed to June 30, 2021, giving teachers the opportunity to gain more full-time satisfactory teaching experience for the SOCE or limited extension as they are losing time to do so during the COVID-19 crisis.

• Accountability

o The federal government has approved the Department’s application for a one-year waiver from provisions of the Every Student Succeeds Act (ESSA) pertaining to State assessments and school and district accountability determinations due to the unique circumstances that have arisen as a result of the COVID-19 crisis. Therefore, the Department is proposing to provide that the Commissioner shall not conduct a review of school and district performance using 2019-2020 school year result, the accountability status of public schools and districts for the 2020-2021 school year shall be the same as for the 2019-2020 school year, and the 2018-2019 school year results shall be used in any instance for which 2019-2020 school year results would have been used as part of the process of making 2021-2022 school year accountability determinations. Additionally, the Commissioner may, upon a finding of good cause, modify for the 2019-2020 through 2021-2022 school years any timelines pertaining to notifications, plans, reports, or implementation of activities required by such section.

1. STATUTORY AUTHORITY:

Education Law § 101 continues existence of Education Department, with Board of Regents as its head, and authorizes Regents to appoint Commissioner of Education as Department's Chief Administrative Officer, which is charged with general management and supervision of all public schools and educational work of State.

Education Law § 112 provides that the State Education Department shall establish and enforce standards of instruction, personnel qualifications and other requirements for education services or programs with respect to the individual requirements of children who are in full-time residential care in facilities or homes operated or supervised by any state department or agency or political subdivision.

Education Law § 207 empowers Regents and Commissioner to adopt rules and regulations to carry out State education laws and functions and duties conferred on the Department.

Education Law § 208 empowers the Regents to confer by diploma honorary degrees as they deem proper, establish examinations and award and confer suitable certificates, diplomas and degrees on persons who meet the prescribed requirements for such.

Education Law § 212 permits the Department to charge fees for the issuance of a qualifying certificate for admission to a professional school.

Education Law § 301 continues the office of the Commissioner of Education.

Education Law § 305 establishes the general powers and duties of the Commissioner of Education.

Education Law § 310 permits any party considering themselves aggrieved by an action taken at a school district meeting or by school authorities may appeal to the Commissioner of Education for review of such action.

Education Law § 311 enumerates the powers of the Commissioner in reference to appeals, petitions and proceedings.

Education Law § 1704 prohibits school districts from expending funds at a rate which will exhaust the amount appropriated prior to the conclusion of the period or the completion of the purpose for which such funds were appropriated.

Education Law § 1709 enumerates the powers and duties of boards of education of union free school districts.

Education Law § 2117 requires school authorities of each school district to make a full report to the Commissioner upon any matter relating to their schools whenever such report shall be required by the Commissioner.

Education Law § 2851 relates to eligible applicants, applications, and submission of such applications to charter schools.

Education Law § 2852 prescribes the requirements for the issuance of a charter.

Education Law § 2854 prescribes the general requirements for charter schools.

Education Law § 2856 provides that the school district of residence shall pay directly to a charter school for each student enrolled in the charter school who resides in the school district the charter basic tuition.

Education Law § 3001 prescribes the qualifications of teachers.

Education Law § 3001-d provides that any nonpublic or private school may require, for the purposes of a criminal history record check, the fingerprinting of all prospective employees, who do not hold valid clearance pursuant to Education Law §§ 3035, 3004-b, 509-cc, or Vehicle and Traffic Law § 1209-d. Additionally, such schools may conditionally appoint a prospective employee.

Education Law § 3003 prescribes the qualifications of superintendents.

Education Law § 3004 directs the Commissioner of Education to prescribe regulations governing the examination and certification of teachers employed in all public schools of the State.

Education Law § 3004-c provides that when an applicant for a teaching certification is denied, the applicant shall be afforded notice and the right to be heard an offer proof in opposition to such determination in accordance with the regulations of the Commissioner of Education.

Education Law § 3009 provides that unqualified teachers shall not be paid from school moneys.

Education Law § 3035 requires the Commissioner of Education to submit to the division of criminal justice services fingerprints of prospective employees and after receipt of a criminal history record, shall promptly notify the school whether the prospective employee is cleared for employment based upon his or her criminal history.

Education Law § 3204 provides that a minor required to attend upon instruction may attend at a public school or elsewhere.

Education Law § 3205 provides that each minor from six to sixteen years of age in each school district or on an Indian reservation shall attend upon full time instruction.

Education Law § 3210 prescribes the amount and character of required attendance.

Education Law § 3212 defines persons in parental relation and their duties and duties of certain other persons.

Education Law § 3214 prescribes procedures and requirements for student placement, suspensions and transfers.

Education Law § 3602 provides for the apportionment of public moneys to school districts employing eight or more teachers.

Education Law § 3602-c provides for the apportionment of moneys to school district for the provision of services to pupils attending nonpublic schools.

Education Law § 3602-e authorizes and directs the Commissioner of Education to award grants for the establishment and implementation of a prekindergarten program to serve eligible children.

Education Law § 3604 enumerates conditions under which districts are entitled to the apportionment of state funds.

Education Law § 3713 authorizes and empowers the state, any school district or its trustees or board of education to accept funds appropriated by the federal government for educational purposes.

Education Law § 4402 establishes school district duties for the education of students with disabilities.

Education Law § 4403 outlines the Department’s responsibilities regarding special education programs and services to students with disabilities.

Section 4403(3) authorizes the Department to adopt regulations as the Commissioner deems in their best interest.

Education Law § 4404 establishes the appeal procedures for students with disabilities. Subdivision (1) authorizes and requires the Commissioner to promulgate regulations relating to the qualifications, procedures and timelines for impartial hearings, as well as procedures for the suspension or revocation of impartial hearing officer certification for good cause.

Education Law § 4410(7) provides that a parent may file a written request with the board of education for an impartial hearing with respect to any matter relating to the identification, evaluation or educational placement of, or provision of a free appropriate public education to preschool students with disabilities. Subdivision (14) authorizes the Commissioner to adopt regulations to implement the such statute.

Education Law § 6501 provides that the admission to practice of a profession in New York State is accomplished by a license being issued to a qualified applicant by the Department.

Education Law § 6504 authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Education Law § 6506 requires the Board of Regents to supervise the admission to the practice of the professions.

Education Law § 6507 requires the Commissioner and the Department to administer the admission to and the practice of the professions.

Education Law § 7404 enumerates the requirements for licensure as a certified public accountant.

Education Law § 7904 enumerates the requirements for licensure as an occupational therapist.

Education Law § 7904-a enumerates the requirements for licensure as an occupational therapy assistant.

Education Law § 8206 enumerates the requirements for licensure as a speech-language pathologist and audiologist.

2. LEGISLATIVE OBJECTIVES:

The proposed amendments are consistent with the above statutory authority and are necessary to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. The purpose of the proposed amendment is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis.

3. NEEDS AND BENEFITS:

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020 the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. Subsequently, the Governor issued additional Executive Orders in response to the COVID-19 crisis including orders directing the closure of schools, directing non-essential work personnel to work from home, and directing non-essential gatherings of individuals of any size for any reason to be canceled or postponed. As a result, it is necessary for the Department to adopt emergency regulations to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. The proposed amendment provides flexibility related to the following:

• Instructional day and hour requirements;

• The service of pleadings and supporting papers for appeals to the Commissioner pursuant to Education Law § 310;

• Charter school lotteries, reporting requirements, and payments by public school districts to Charter schools;

• Annual visits to nonpublic nursery schools and kindergartens by Department staff;

• Annual assessments for homeschool students;

• Continuous experience requirements for certain professions;

• Examination timeframe requirements for Public Accounting applicants;

• Educational program requirements for licensure in a profession under Title VII of the Education Law;

• In person supervision experience requirements for certain professions;

• Filing and submission timelines for Part 83 and Part 87 appeals to the Commissioner;

• The definition of the term “prospective school employee”;

• Certain procedures and timeframes for special education due process hearings;

• Timeframes related to special education programs and services;

• Filings with the Office of State Review;

• Certain timelines relating to Bilingual education;

• English language learners’ annual assessment;

• Unit of study requirements;

• Required Dignity for All Students Act (DASA) training;

• Teacher performance assessments (edTPA);

• Statement of continued eligibility (SOCE) and limited extension application deadline, and special education full-time teaching experience deadline;

• School and district accountability.

4. COSTS:

a. Costs to State government: The amendments do not impose any costs on State government.

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. Cost to the regulatory agency: There are no additional costs to the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment does not impose any additional program, service, duty or responsibility upon any local government.

6. PAPERWORK:

The proposed amendment does not impose any additional paperwork requirements.

7. DUPLICATION:

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

8. ALTERNATIVES:

The proposed amendments are necessary to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. There are no significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

If adopted at the April 2020 Regents meeting, the emergency rule will become effective April 7, 2020. It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption at its July 2020 meeting. If adopted at the July 2020 meeting, the proposed amendment will become effective on July 29, 2020. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

(a) Small businesses:

The proposed rule relates to providing flexibility for certain regulatory requirements in response to the COVID-19 crisis. The proposed amendments do not impose any adverse economic impact, reporting, recordkeeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendments that they do not affect small businesses, no further measures were needed to ascertain that fact, and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The purpose of the proposed amendments is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. The proposed amendments apply to each of the 695 public school districts in the State.

2. COMPLIANCE REQUIREMENTS:

On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020 the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. Subsequently, the Governor issued additional Executive Orders in response to the COVID-19 crisis including orders directing the closure of schools, directing non-essential work personnel to work from home, and directing non-essential gatherings of individuals of any size for any reason to be canceled or postponed. As a result, it is necessary for the Department to adopt emergency regulations to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. The proposed amendment provides flexibility related to the following:

• Instructional day and hour requirements;

• The service of pleadings and supporting papers for appeals to the Commissioner pursuant to Education Law § 310;

• Charter school lotteries, reporting requirements, and payments by public school districts to Charter schools;

• Annual visits to nonpublic nursery schools and kindergartens by Department staff;

• Annual assessments for homeschool students;

• Continuous experience requirements for certain professions;

• Examination timeframe requirements for Public Accounting applicants;

• Educational program requirements for licensure in a profession under Title VII of the Education Law;

• In person supervision experience requirements for certain professions;

• Filing and submission timelines for Part 83 and Part 87 appeals to the Commissioner;

• The definition of the term “prospective school employee”;

• Certain procedures and timeframes for special education due process hearings;

• Timeframes related to special education programs and services;

• Filings with the Office of State Review;

• Certain timelines relating to Bilingual education;

• English language learners’ annual assessment;

• Unit of study requirements;

• Required Dignity for All Students Act (DASA) training;

• Teacher performance assessments (edTPA);

• Statement of continued eligibility (SOCE) and limited extension application deadline, and special education full-time teaching experience deadline; and

• School and district accountability.

3. PROFESSIONAL SERVICES:

The proposed amendment does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

The proposed amendment will not impose any additional program, service, duty, responsibility or costs beyond those imposed by statute.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

6. MINIMIZING ADVERSE IMPACT:

The proposed amendments are necessary to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. Accordingly, no alternatives were considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State and from the chief school officers of the five big city school districts.

The purpose of the proposed amendments to the Regulations of the Commissioner of Education is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. On January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern. On March 7, 2020 the Governor of New York State declared a State disaster emergency for the entire State of New York pursuant to Executive Order 202. Subsequently, the Governor issued additional Executive Orders in response to the COVID-19 crisis including orders directing the closure of schools, directing non-essential work personnel to work from home, and directing non-essential gatherings of individuals of any size for any reason to be canceled or postponed. As a result, it is necessary for the Department to adopt emergency regulations to address numerous issues resulting from the interruptions caused by the COVID-19 crisis. The proposed amendment provides flexibility related to the following:

• Instructional day and hour requirements;

• The service of pleadings and supporting papers for appeals to the Commissioner pursuant to Education Law § 310;

• Charter school lotteries, reporting requirements, and payments by public school districts to Charter schools;

• Annual visits to nonpublic nursery schools and kindergartens by Department staff;

• Annual assessments for homeschool students;

• Continuous experience requirements for certain professions;

• Examination timeframe requirements for Public Accounting applicants;

• Educational program requirements for licensure in a profession under Title VII of the Education Law;

• In person supervision experience requirements for certain professions;

• Filing and submission timelines for Part 83 and Part 87 appeals to the Commissioner;

• The definition of the term “prospective school employee”;

• Certain procedures and timeframes for special education due process hearings;

• Timeframes related to special education programs and services;

• Filings with the Office of State Review;

• Certain timelines relating to Bilingual education;

• English language learners’ annual assessment;

• Unit of study requirements;

• Required Dignity for All Students Act (DASA) training;

• Teacher performance assessments (edTPA);

• Statement of continued eligibility (SOCE) and limited extension application deadline, and special education full-time teaching experience deadline; and

• School and district accountability.

The proposed amendment provides flexibility for certain regulatory requirements during the COVID-19 crisis. Thus, the proposed amendment does not adversely impact entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural flexibility analysis is not required and one has not been prepared.

The purpose of the proposed amendments is to provide flexibility for certain regulatory requirements in response to the COVID-19 crisis. The proposed amendment provides flexibility related to the following:

• Instructional day and hour requirements;

• The service of pleadings and supporting papers for appeals to the Commissioner pursuant to Education Law § 310;

• Charter school lotteries, reporting requirements, and payments by public school districts to Charter schools;

• Annual visits to nonpublic nursery schools and kindergartens by Department staff;

• Annual assessments for homeschool students;

• Continuous experience requirements for certain professions;

• Examination timeframe requirements for Public Accounting applicants;

• Educational program requirements for licensure in a profession under Title VII of the Education Law;

• In person supervision experience requirements for certain professions;

• Filing and submission timelines for Part 83 and Part 87 appeals to the Commissioner;

• The definition of the term “prospective school employee”;

• Certain procedures and timeframes for special education due process hearings;

• Timeframes related to special education programs and services;

• Filings with the Office of State Review;

• Certain timelines relating to Bilingual education;

• English language learners’ annual assessment;

• Unit of study requirements;

• Required Dignity for All Students Act (DASA) training;

• Teacher performance assessments (edTPA);

• Statement of continued eligibility (SOCE) and limited extension application deadline, and special education full-time teaching experience deadline; and

• School and district accountability.

Because it is evident from the nature of the proposed amendment that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken.