EDU-39-14-00016-P Child Abuse Identification and Reporting Coursework or Training for Coaches

10/1/14 N.Y. St. Reg. EDU-39-14-00016-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 39

October 01, 2014

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-39-14-00016-P

Child Abuse Identification and Reporting Coursework or Training for Coaches

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 57-1.1 and 135.4(c)(7); and addition of section 135.7 to Title 8 NYCRR.

Statutory authority:

Education Law, sections 101(not subdivided), 207(not subdivided), 305(1), (2), 803(not subdivided), 3204(2), (3), 3036(1) and (2); L. 2014, ch. 205

Subject:

Child abuse identification and reporting coursework or training for coaches.

Purpose:

To conform Commissioner's Regulations to Education Law section 3036, as added by chapter 205 of the Laws of 2014.

Text of proposed rule:

1. Section 57-1.1 of the Regulations of the Commissioner of Education is amended, effective December 31, 2014, as follows:

57-1.1 Definition

As used in this Subpart, a provider shall mean any teachers' or coaches' or professional organization or association, school district, institution of higher education, hospital, health care facility, government agency or office, social service agency, or employer of licensed professionals or of licensed or certified teachers or of coaches, approved by the department to offer coursework or training in the identification and reporting of child abuse and maltreatment, pursuant to sections 3003(4), 3004, 3007, 3036, 5003 and 6507(3)(a) of the Education Law.

2. Paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education is amended, effective December 31, 2014, as follows:

(7) Basic code for extraclass athletic activities. Athletic participation in all schools shall be planned so as to conform to the following:

(i) General provisions. It shall be the duty of trustees and boards of education:

(a) . . .

(b) . . .

(c) to appoint individuals, whether in a paid or non-paid (volunteer) status, to serve as coaches of interschool athletic teams, other than intramural teams or extramural teams, in accordance with the following:

(1) . . .

(2) . . .

(3) Temporary coaching license. Except as provided in subclause (4) of this clause and notwithstanding the provisions of section 80-5.10 of this Title, other persons with coaching qualifications and experience satisfactory to the board of education may be appointed as temporary coaches of interschool sport teams whether in a paid or non-paid (volunteer) status, when certified teachers with coaching qualifications and experience are not available, upon the issuance by the commissioner of a temporary coaching license. A temporary coaching license, valid for one year, will be issued under the following conditions:

(i) . . .

(ii) candidates for initial temporary licensure shall have completed the first aid requirement set forth in section 135.5 of this Part prior to the first day of coaching and the coursework or training requirement for identifying and reporting child abuse and maltreatment set forth in section 135.7 of this Part;

(iii) . . .

(iv) . . .

(v) . . .

(4) professional coaching certificate.

(i) Notwithstanding the provisions of subclauses (1)-(3) of this clause, other persons with coaching qualifications and experience satisfactory to the board of education may coach a specific sport in any school, upon the issuance by the commissioner of a professional coaching certificate. A professional coaching certificate, valid for three years, shall be issued to a candidate who submits a fee of $50 together with an application, in a form prescribed by the commissioner, which [satisfactorial] satisfactorily establishes that:

(A) the candidate has completed the requirements set forth in items (3)(ii), (iii), (iv) and (v) of this clause; and

(B) . . .

(ii) . . .

(iii) . . .

(5) . . .

(d) . . .

(e) . . .

(f) . . .

(g) . . .

(h) . . .

(i) . . .

(j) . . .

(k) . . .

(l) . . .

(m) . . .

(n) . . .

(o) . . .

(p) . . .

(q) . . .

(r) . . .

(s) . . .

(ii) . . .

3. Section 135.7 of the Regulations of the Commissioner of Education is added, effective December 31, 2014, as follows:

Section 135.7 Child Abuse and Maltreatment Identification and Reporting Coursework or Training for Coaches.

(a) All candidates for a temporary coaching license pursuant to subclause 135.4(c)(7)(i)(c)(3) of this Part or a professional coaching certificate pursuant to subclause 135.4(c)(7)(i)(c)(4) of this Part shall have completed at least two clock hours of coursework or training regarding the identification and reporting of suspected child abuse and maltreatment from an institution or provider approved by the department pursuant to Subpart 57-1 of this Title, in accordance with the requirements of section 3036 of the Education Law. Each candidate shall submit documentation satisfactory to the department showing that the candidate has completed the required coursework or training.

(b) All persons holding a temporary coaching license or professional coaching certificate on August 6, 2014 shall complete the coursework or training required by section 3036 of the Education Law from a provider approved by the department pursuant to Subpart 57-1 of this Title, and submit documentation satisfactory to the department of such completion, no later than July 1, 2015.

Text of proposed rule and any required statements and analyses may be obtained from:

Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Ken Wagner, Deputy Commissioner, Office of Curriculum, Assessment and Educational Technology, EBA Room 875, 89 Washington Ave., Albany, NY 12234, [phone], email: [e-mail]

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 authorizes the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.

Education Law section 305(1) and (2) provide that the Commissioner of Education shall enforce all general and specific laws relating to the educational system of the State and execute all educational policies determined by the Board of Regents and invest the Commissioner with general supervision over all schools and institutions subject to the provisions of the Education Law or any statue relating to education.

Education Law section 803(5) of the Education Law specifically authorizes the Regents to adopt rules determining the subjects to be included in courses of physical education provided pupils in all elementary and secondary schools, the period of instruction in each of such courses, the qualifications of teachers, and the attendance upon such courses of instruction.

Education Law section 3204(2) specifies the course of study for public schools, and includes instruction in physical training.

Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, directs the Commissioner to prescribe regulations requiring that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment pursuant to the provisions of the statute. Chapter 205 of the Laws of 2014 also amended the Social Services Law to expressly include coaches as mandated reporters of suspected child abuse.

2. LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the authority conferred on the Commissioner pursuant to the above statutes to adopt rules concerning the physical education curriculum and the qualifications of physical education instructors, and is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014.

3. NEEDS AND BENEFITS:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, which directs the Commissioner to prescribe regulations requiring that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The coursework or training shall be obtained from an institution or provider which has been approved by the Department to provide such coursework or training, and shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in Social Services Law sections 413-420, including but not limited to when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Entities seeking approval to provide such coursework or training shall comply with Subpart 57-1 of the Commissioner’s Regulations.

4. COSTS:

(a) Costs to State government: None.

(b) Costs to local government: None.

(c) Costs to private regulated parties: The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014 and does not impose any additional costs beyond those imposed by the statute.

The costs of completing the coursework or training will vary depending on the approved provider selected by the applicant to provide the coursework or training, and generally range from $0 to $75 with most providers charging between $20 to $40.

Eligible entities seeking the Department’s approval as a provider of the coursework or training will have to submit a $300 application fee to the Commissioner. If granted, approval as a provider would be for a period of two years, at the expiration of which, reapplication would entail submission of a $300 fee to the Commissioner.

(d) Costs to the regulatory agency for implementation and continued administration of the rule: none. It is anticipated that any costs associated with processing applicant’s documentation providing proof of completion of the coursework or training will be minor and capable of being absorbed by existing Department staff and resources.

5. LOCAL GOVERNMENT MANDATES:

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

6. PAPERWORK:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014.

Consistent with the statute, the proposed rule requires that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training from an approved provider regarding the identification and reporting of child abuse and maltreatment, and shall provide the Department with documentation showing that he or she has completed the required training.

Eligible entities seeking approval as providers of the coursework or training must submit an application pursuant to section 57-1.2 of the Commissioner’s Regulations. Approval shall be given for a two-year period, after which the provider may reapply for approval pursuant to section 57-1.3. An approved provider shall execute a certificate of completion pursuant to section 57-1.4 and within 10 calendar days of completion of the coursework or training, the provider shall submit two copies of the certificate of completion to the person completing the coursework or training. The provider must retain a copy of the certificate of completion in its files for not less than five years from the date of completion of a course.

7. DUPLICATION:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, and will not duplicate any other State or Federal statute or regulation.

8. ALTERNATIVES:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014. There are no significant alternatives and none were considered.

9. FEDERAL STANDARDS:

The proposed rule does not exceed any minimum standards of the Federal government for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

The proposed rule is necessary to conform the Commissioner’s regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, which became effective on August 6, 2014. Consistent with the statute, the proposed rule requires that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment from an approved provider, and shall provide the Department with documentation showing that he or she has completed the required training. Holders of such license or certificate as of, August 6, 2014, the effective date of Chapter 205, will have until July 1, 2015 to complete such coursework or training.

Regulatory Flexibility Analysis

1. EFFECT OF RULE:

The proposed rule applies to small businesses and local governments that seek status from the State Education Department as an approved provider of coursework or training in child abuse and maltreatment identification and reporting pursuant to Education Law section 3036, and include any teachers’ or coaches’ or professional organization or association, school district, institution of higher education, hospital, health care facility, government agency or office, social service agency, or employer of licensed professionals or of licensed or certified teachers or of coaches. There are approximately 171 approved providers in the State. Approximately 57 are small businesses and 22 are local governments.

2. COMPLIANCE REQUIREMENTS:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014. Consistent with the statute, the proposed rule requires that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, and shall provide the Department with documentation showing that he or she has completed the required training.

Eligible entities seeking approval as providers of the coursework or training must submit an application pursuant to section 57-1.2 of the Commissioner’s Regulations. Approval shall be given for a two-year period, after which the provider may reapply for approval pursuant to section 57-1.3. An approved provider shall execute a certificate of completion pursuant to section 57-1.4 and within 10 calendar days of completion of the coursework or training, the provider shall submit two copies of the certificate of completion to the person completing the coursework or training. The provider must retain a copy of the certificate of completion in its files for not less than five years from the date of completion of a course.

3. PROFESSIONAL SERVICES:

The proposed amendment imposes no additional professional service requirements.

4. COMPLIANCE COSTS:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014 and does not impose any additional costs beyond those imposed by the statute. The costs of completing the coursework or training will vary depending on the approved provider selected by the applicant to provide the coursework or training, and generally range from $0 to $75 with most providers charging between $20 to $40.

Eligible entities seeking the Department’s approval as a provider of the coursework or training will have to submit a $300 application fee to the Commissioner. If granted, approval as a provider would be for a period of two years, at the expiration of which, reapplication would entail submission of a $300 fee to the Commissioner. Only those entities which voluntarily seek approval as providers will be required to pay the $300 application fee to become an approved provider. Approved providers are not prevented by the proposed rule from charging tuition or fees to students completing the coursework or training. Because the costs imposed by the rule are minimal and may be defrayed by the tuition and fees charged to students, the proposed rule is not expected to have any adverse economic impact on small business or local governments seeking approved provider status.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any new technological requirements. Economic feasibility is discussed under the Costs section above.

6. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, which directs the Commissioner to prescribe regulations requiring that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training from an approved provider regarding the identification and reporting of child abuse and maltreatment. The proposed rule does not impose any costs or compliance requirements on those holding or applying for a temporary coaching license or a permanent coaching certificate beyond those imposed by the statute.

Eligible entities seeking approval as providers of the coursework or training must comply with Subpart 57-1 of the Commissioner’s Regulations. Only those entities which voluntarily seek approval as providers will be required to pay the $300 application fee to become an approved provider. Approved providers are not prevented by the proposed rule from charging tuition or fees to students completing the coursework or training. Because the costs imposed by the rule are minimal and may be defrayed by the tuition and fees charged to students, the proposed rule is not expected to have any adverse economic impact on small business or local governments seeking approved provider status. Therefore, there is no need to minimize the adverse economic impact of the proposed rule through such approaches as establishing differing compliance requirements for small businesses and local governments. It would be contrary to the public welfare to exempt small businesses and local governments from the requirements of Subpart 57-1, because such requirements are designed to ensure that approved providers provide adequate training to holders of or persons applying for a temporary coaching license or a professional coaching certificate in child abuse and maltreatment identification and reporting as contemplated by Chapter 205 of the Laws of 2014.

7. LOCAL GOVERNMENT PARTICIPATION:

Copies of the proposed rule have been provided to District Superintendents with the request that they distribute it to school districts within their supervisory districts for review and comment. Copies were also provided for review and comment to the chief school officers of the five big city school districts and to charter schools.

8. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement the statutory requirements of Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10 of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed rule applies to all persons in the State who hold or apply for a temporary coaching license or professional coaching certificate, and to eligible entities that seek status from the State Education Department as an approved provider of coursework or training in child abuse and maltreatment identification and reporting, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. There are approximately 34 approved providers located in rural areas.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS, AND PROFESSIONAL SERVICES:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014. Consistent with the statute, the proposed rule requires that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, and shall provide the Department with documentation showing that he or she has completed the required training.

Eligible entities seeking approval as providers of the coursework or training must submit an application pursuant to section 57-1.2 of the Commissioner’s Regulations. Approval shall be given for a two-year period, after which the provider may reapply for approval pursuant to section 57-1.3. An approved provider shall execute a certificate of completion pursuant to section 57-1.4 and within 10 calendar days of completion of the coursework or training, the provider shall submit two copies of the certificate of completion to the person completing the coursework or training. The provider must retain a copy of the certificate of completion in its files for not less than five years from the date of completion of a course.

The proposed amendment imposes no additional professional service requirements.

3. COMPLIANCE COSTS:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014 and does not impose any additional costs beyond those imposed by the statute. The costs of completing the coursework or training will vary depending on the approved provider selected by the applicant to provide the coursework or training, and generally range from $0 to $75 with most providers charging between $20 to $40.

Eligible entities seeking the Department’s approval as a provider of the coursework or training will have to submit a $300 application fee to the Commissioner. If granted, approval as a provider would be for a period of two years, at the expiration of which, reapplication would entail submission of a $300 fee to the Commissioner.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, which directs the Commissioner to prescribe regulations requiring that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training from an approved provider regarding the identification and reporting of child abuse and maltreatment. The proposed rule does not impose any costs or compliance requirements on those holding or applying for a temporary coaching license or a permanent coaching certificate beyond those imposed by the statute.

Eligible entities seeking approval as providers of the coursework or training must comply with Subpart 57-1 of the Commissioner’s Regulations. Only those entities which voluntarily seek approval as providers will be required to pay the $300 application fee to become an approved provider. Approved providers are not prevented by the proposed rule from charging tuition or fees to students completing the coursework or training. Because the costs imposed by the rule are minimal and may be defrayed by the tuition and fees charged to students, the proposed rule is not expected to have any adverse economic impact on eligible entities in rural areas that seek approved provider status. Therefore, there is no need to minimize the adverse economic impact of the proposed rule through such approaches as establishing differing compliance requirements for entities in rural areas. It would be contrary to the public welfare to exempt entities in rural areas that seek approved provider status from the requirements of Subpart 57-1, because such requirements are designed to ensure that approved providers provide adequate training to holders of or persons applying for a temporary coaching license or a professional coaching certificate in child abuse and maltreatment identification and reporting as contemplated by Chapter 205 of the Laws of 2014.

Furthermore, because the statutory requirements upon which the proposed amendment is based apply to all persons in the State who currently hold or apply for a temporary coaching license or a permanent coaching certificate, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt persons in rural areas from coverage by the proposed amendment.

5. RURAL AREA PARTICIPATION:

Comments on the proposed amendment were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas.

6. INITIAL REVIEW OF RULE (SAPA § 207):

Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement the statutory requirements of Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10 of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.

Job Impact Statement

The proposed rule is necessary to conform the Commissioner’s Regulations to, and otherwise implement, Education Law section 3036, as added by section 3 of Chapter 205 of the Laws of 2014, which directs the Commissioner to prescribe regulations requiring that all persons currently holding a temporary coaching license or a permanent coaching certificate and persons applying for such license or certificate shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, and shall provide the Department with documentation showing that he or she has completed the required training. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the 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.