Use of Department Facilities in the Cultural Education Center.
Purpose:
To prescribe standards for the use of Cultural Education Center facilities.
Text of proposed rule:
Section 230.2 of the Regulations of the Commissioner of Education is amended, effective April 29, 2015, as follows:
§ 230.2 Use of [the museum] Department facilities in the Cultural Education Center.
(a) When not required to serve the program needs of the Education Department, the facilities of the [New York State Museum in the] Office of Cultural Education in the Cultural Education Center, including but not limited to the student center, meeting rooms and [auditorium] auditoriums, may be made available for general public and private use in accordance with the limitations and requirements of this section.
(b) The [museum] facilities may not be used for the presentation of any programs that are religious, political or commercial, or at which attendance is exclusive, except that attendance at meetings under the control of institutions in the University of the State of New York may be exclusive.
(c) Fees. Each person, association, organization or corporation permitted the use of the [museum] facilities shall pay for all costs resulting from such use. Each such person, association, organization or corporation, except a State agency, shall provide liability and property damage insurance.
(d) The Education Department reserves the right to require the use of as many building guards for an event as it deems necessary to provide adequate audience safety.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Building, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents at its head and the Commissioner of Education as the chief administrative officer, and charges the Department with the general management and supervision of public schools and the educational work of the State.
Education Law section 207 empowers the Board of Regents and the Commissioner to adopt rules and regulations to carry out laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law section 305(1) and (2) provide that the Commissioner, as chief executive officer of the State system of education and of the Board of Regents, shall have general supervision over all schools and institutions subject to the provisions of the Education Law, or of any statute relating to education, and shall execute all educational policies determined by the Board of Regents. Education Law section 305(6), in applicable part, vests in the Commissioner responsibility for property in charge of the Regents and for the proper administration of the various divisions of the Education Department.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to clarify requirements governing the availability of Cultural Education Center facilities for general public and private use.
3. NEEDS AND BENEFITS:
Section 230.2 sets forth requirements governing the availability of Cultural Education Center (CEC) facilities for general public and private use, when not required to serve the program needs of the State Education Department. The section currently refers only to the use of museum facilities within the CEC. The proposed amendment needs to be updated to reflect current availability and use practices relating to all facilities in the CEC.
4. COSTS:
(a) Costs to State government: None.
(b) Costs to local government: None.
(c) Costs to private regulated parties: None.
(d) Costs to regulating agency for implementation and continued administration of this rule: None.
The proposed amendment will not impose any costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment merely updates the requirements governing the availability of Cultural Education Center facilities for general public and private use to include all CEC facilities, and not only museum facilities.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district. The proposed amendment merely updates the requirements governing the availability of Cultural Education Center facilities for general public and private use to include all CEC facilities, and not only museum facilities.
6. PAPERWORK:
The proposed amendment does not impose any additional paperwork or recordkeeping requirements. The proposed amendment merely updates the requirements governing the availability of Cultural Education Center facilities for general public and private use to include all CEC facilities, and not only museum facilities.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal requirements.
8. ALTERNATIVES:
The proposed amendment merely updates the requirements governing the availability of Cultural Education Center facilities for general public and private use to include all CEC facilities, and not only museum facilities. There are no significant alternatives to the proposed amendment and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards in this area.
10. COMPLIANCE SCHEDULE:
The proposed amendment will not impose any compliance requirements or costs on the State, local governments, private regulated parties or the State Education Department. The proposed amendment merely updates the regulation to reflect current practices concerning the requirements governing the availability of Cultural Education Center facilities for general public and private use, to include all CEC facilities and not only museum facilities. Therefore, there is no need to state an estimated time for regulated parties to achieve compliance with the proposed amendment.
Regulatory Flexibility Analysis
The proposed amendment relates to requirements governing the availability of Cultural Education Center facilities for general public and private use. The Cultural Education Center is located in the Empire State Plaza, Albany, NY.
The proposed amendment will not impose any compliance requirements or costs, or have any adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.
Rural Area Flexibility Analysis
The proposed amendment relates to requirements governing the availability of Cultural Education Center facilities for general public and private use. The Cultural Education Center is located in the Empire State Plaza, Albany, NY.
The proposed amendment will not have an adverse impact on rural areas or impose reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. Because it is evident from the nature of the proposed amendment that it does not affect rural areas or public or private entities in rural areas, no further measures were needed to ascertain that fact and none were taken. Accordingly, a rural area flexibility analysis is not required and one has not been prepared.
Job Impact Statement
The proposed amendment relates to requirements governing the availability of Cultural Education Center facilities for general public and private use. The Cultural Education Center is located in the Empire State Plaza, Albany, NY.
The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
