10/27/10 N.Y. St. Reg. EDU-43-10-00012-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to repeal Subpart 30-2 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided) and 3012-b (not subdivided); and L. 2008, ch. 57, part C, section 2
Subject:
Teacher tenure determinations.
Purpose:
Repealing provisions to eliminate regulatory requirements that have had their statutory authority repealed.
Text of proposed rule:
Subpart 30-2 of the Rules of the Boards of Regents is repealed, effective February 2, 2011.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, NYS Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 474-4921, email:
legal@mail.nysed.govData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Consensus Rule Making Determination
The proposed repeal makes necessary changes to eliminate regulatory requirements that have had their statutory authority repealed. Subpart 30-2 of the Rules of the Board of Regents was applicable only to the extent that Education Law § 3012- b remained effective. Education Law § 3012- b was repealed by the Laws of 2008 Chapter 57 effective July 1, 2010. As this action repeals regulatory provisions which are no longer applicable to any person and conforms the Rules of the Board of Regents to current statutory authority, it is not likely that anyone will object to the repeal as written.
The purpose of the proposed amendment is to repeal regulatory provisions which are no longer applicable to any person. This regulatory change will have no effect on the number of jobs or employment opportunities relating to tenured teachers or upon any other field.
Because it is evident from the nature of the proposed amendment that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.