Specific reasons underlying the finding of necessity:
The proposed amendment is necessary to clarify when a student’s eligibility for senior high school athletic competition may be extended because of illness or accident, as set forth in Commissioner's Regulations § 135.4(c)(7)(ii)(b)(1)(i). The proposed amendment provides that an extension may be granted for a student’s illness or accident.
Because the Board of Regents meets at scheduled intervals, the earliest the proposed amendment could be presented for regular (non-emergency) adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the January 12-13, 2015 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the January meeting, would be January 28, 2015, the date a Notice of Adoption would be published in the State Register. However, schools and affected students need to know now the criteria for granting an extension for illness or accident so that eligible students may participate in senior high school athletic competition during the Fall season of the 2014-2015 school year.
Emergency action is therefore necessary for the preservation of the general welfare to immediately adopt the proposed amendment to clarify when a student’s eligibility for senior high school athletic competition may be extended because of illness or accident, so that school districts may determine the eligibility of affected students and allow for participation of eligible students in senior high school athletic competition during the Fall season of the 2014-2015 school year.
It is anticipated that the emergency rule will be presented to the Board of Regents for adoption as a permanent rule at the January 12-13, 2015 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act for proposed rulemakings.
Subject:
Duration of competition in high school athletics.
Purpose:
Clarifies when a student's eligibility for senior high school athletic competition may be extended for illness or accident.
Text of emergency/proposed rule:
Subclause (1) of clause (b) of subparagraph (ii) of paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education is amended, effective October 21, 2014, as follows:
(1) Duration of competition. A pupil shall be eligible for senior high school athletic competition in a sport during each of four consecutive seasons of such sport commencing with the pupil's entry into the ninth grade and prior to graduation, except as otherwise provided in this subclause, or except as authorized by a waiver granted under clause (d) of this subparagraph to a student with a disability. If a board of education has adopted a policy, pursuant to subclause (a)(4) of this subparagraph, to permit pupils in the seventh and eighth grades to compete in senior high school athletic competition, such pupils shall be eligible for competition during five consecutive seasons of a sport commencing with the pupil's entry into the eighth grade, or six consecutive seasons of a sport commencing with the pupil's entry into the seventh grade. A pupil enters competition in a given year when the pupil is a member of the team in the sport involved, and that team has completed at least one contest. A pupil shall be eligible for interschool competition in grades 9, 10, 11 and 12 until the last day of the school year in which he or she attains the age of 19, except as otherwise provided in subclause (a)(4) or clause (d) of this subparagraph, or in this subclause. The eligibility for competition of a pupil who has not attained the age of 19 years prior to July 1st may be extended under the following circumstances.
(i) If sufficient evidence is presented by the chief school officer to the section to show that the pupil's failure to enter competition during one or more seasons of a sport was caused by illness[,] or accident [, or similar circumstances beyond the control of the student], such pupil's eligibility shall be extended accordingly in that sport. In order to be deemed sufficient, the evidence must include documentation showing that as a direct result of the illness[,] or accident [or other circumstance beyond the control of the student], the pupil will be required to attend school for one or more additional semesters in order to graduate.
(ii) . . .
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire January 18, 2015.
Text of 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, (518) 474-6400, email: legal@mail.nysed.gov
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, (518) 474-5915, email: NYSEDP12@mail.nysed.gov
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 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 the laws of the State regarding education and the functions and duties conferred on the Department by law.
Education Law sections 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.
Education Law section 803 provides the Board of Regents with overall authority over physical education instruction in schools.
Education Law section 3204(2) and (3) relate to compulsory education.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the authority conferred by the above statutes and is necessary to implement policy enacted by the Board of Regents relating to the age and four-year duration of competition limitations for athletic competition.
3. NEEDS AND BENEFITS:
Commissioner’s Regulation section 135.4(c)(7)(ii)(b)(1), establishes the parameters for participation in senior high school interschool athletic competition. The duration of competition rule limits the participation of pupils in high school athletic competition to four consecutive seasons commencing with the pupil’s entry into the ninth grade and prior to graduation. A request for an extension of duration of competition for a pupil’s failure to enter competition during one or more seasons may be granted, only if sufficient evidence demonstrates that the pupil’s failure to enter competition during one or more seasons was directly caused by illness, accident, or similar circumstances beyond the control of the student.
Department guidance indicates that the existing language providing for an extension upon evidence that the student’s participation was impacted by “similar circumstances beyond the control of the student” is limited to circumstances related to such illness or accident. However, confusion continues to exist among school districts, students and parents. This regulatory amendment is necessary to provide clarity to the field regarding the circumstances under which a duration of competition extension may be granted. The proposed amendment provides that an extension may be granted if sufficient evidence is presented to show that the pupil's failure to enter competition during one or more seasons of a sport was caused illness or accident. Such clarification is intended to ensure safe and equitable competition.
4. COSTS:
(a) Costs to State government: none.
(b) Costs to local government: none.
(c) Costs to private regulated parties: none.
(d) Costs to the regulating agency for implementation and administration of this rule: none.
The proposed amendment does not impose any costs on the State, local governments, private regulated parties or the State Education Department, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon local governments, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
6. PAPERWORK:
This proposed amendment does not impose any additional paperwork requirements, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
7. DUPLICATION:
The proposed amendment does not duplicate existing State or federal regulations.
8. ALTERNATIVES:
The proposed amendment is necessary to clarify when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident. There were no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
There are no related federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated regulated parties will be able to achieve compliance with the proposed rule by its effective date. This proposed amendment does not impose any costs or compliance requirements, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident. The proposed amendment does not impose any adverse economic impact, reporting, record keeping or any other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does 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.
Local Government:
1. EFFECT OF RULE:
The proposed amendment applies to each of the 695 school districts within the State.
2. COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
3. PROFESSIONAL SERVICES:
The proposed amendment imposes no additional professional service requirements.
4. COMPLIANCE COSTS:
The proposed amendment does not impose any costs, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any technological requirements or costs on school districts.
6. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional costs or compliance requirements on school districts, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident. Commissioner’s Regulation section 135.4(c)(7)(ii)(b)(1), establishes the parameters for participation in senior high school interschool athletic competition. The duration of competition rule limits the participation of pupils in high school athletic competition to four consecutive seasons commencing with the pupil’s entry into the ninth grade and prior to graduation. A request for an extension of duration of competition for a pupil’s failure to enter competition during one or more seasons may be granted, only if sufficient evidence demonstrates that the pupil’s failure to enter competition during one or more seasons was directly caused by illness, accident, or similar circumstances beyond the control of the student.
Department guidance indicates that the existing language providing for an extension upon evidence that the student’s participation was impacted by “similar circumstances beyond the control of the student” is limited to circumstances related to such illness or accident. However, confusion continues to exist among school districts, students and parents. This regulatory amendment is necessary to provide clarity to the field regarding the circumstances under which a duration of competition extension may be granted. The proposed amendment provides that an extension may be granted if sufficient evidence is presented to show that the pupil's failure to enter competition during one or more seasons of a sport was caused illness or accident. Such clarification is intended to ensure safe and equitable competition.
7. LOCAL GOVERNMENT PARTICIPATION:
Copies of the proposed amendment have been provided to District Superintendents with the request that they distribute them 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.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to all school districts in the State, 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.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS, AND PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional reporting, recordkeeping or other compliance requirements on school districts in rural areas, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident. The proposed amendment imposes no additional professional service requirements.
3. COMPLIANCE COSTS:
The proposed amendment does not impose any costs on school districts in rural areas, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any additional costs or compliance requirements on school districts in rural areas, but merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident. Commissioner’s Regulation section 135.4(c)(7)(ii)(b)(1), establishes the parameters for participation in senior high school interschool athletic competition. The duration of competition rule limits the participation of pupils in high school athletic competition to four consecutive seasons commencing with the pupil’s entry into the ninth grade and prior to graduation. A request for an extension of duration of competition for a pupil’s failure to enter competition during one or more seasons may be granted, only if sufficient evidence demonstrates that the pupil’s failure to enter competition during one or more seasons was directly caused by illness, accident, or similar circumstances beyond the control of the student.
Department guidance indicates that the existing language providing for an extension upon evidence that the student’s participation was impacted by “similar circumstances beyond the control of the student” is limited to circumstances related to such illness or accident. However, confusion continues to exist among school districts, students and parents. This regulatory amendment is necessary to provide clarity to the field regarding the circumstances under which a duration of competition extension may be granted. The proposed amendment provides that an extension may be granted if sufficient evidence is presented to show that the pupil's failure to enter competition during one or more seasons of a sport was caused illness or accident. Such clarification is intended to ensure safe and equitable competition.
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.
Job Impact Statement
The proposed amendment merely clarifies when a student’s eligibility for senior high school athletic competition may be extended for additional seasons for illness or accident. 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.
