Home » 2015 Issues » December 02, 2015 » EDU-48-15-00007-EP Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)
EDU-48-15-00007-EP Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)
12/2/15 N.Y. St. Reg. EDU-48-15-00007-EP
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 48
December 02, 2015
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-48-15-00007-EP
Filing No. 995
Filing Date. Nov. 17, 2015
Effective Date. Nov. 17, 2015
Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 100.2(c)(11) of Title 8 NYCRR.
Specific reasons underlying the finding of necessity:
The proposed amendment is necessary to implement Regents policy to allow an exemption of a student identified as having a disability that precludes his or her ability to participate in hands-only instruction in cardiopulmonary resuscitation (CPR) and instruction in the use of Automated External Defibrillators (AEDs) from the new instruction requirement in section 100.2(c)(11) of the Commissioner’s regulations, which became effective October 7, 2015.
Because the Board of Regents meets at monthly intervals, the earliest the proposed amendment could be adopted by regular action after publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on December 2, 2015 and expiration of the 45-day public comment period prescribed in State Administrative Procedure Act (SAPA) section 202 would be the February 22-23, 2016 Regents meeting. Furthermore, pursuant to SAPA, the earliest effective date of the proposed amendment, if adopted at the February meeting, would be March 9, 2016, the date a Notice of Adoption would be published in the State Register. However, the instruction requirement in section 100.2(c)(11) became effective on October 7, 2015 and is now in effect for the 2015-16 school year. While most students with disabilities have the ability to complete the instruction in hands-only CPR and the use of AEDs, the Department recognizes that there may be some students who, due to the nature of their disability, will not be able to physically or cognitively perform the tasks included in such instruction (e.g., demonstrating the psychomotor (hands-on) skills to perform CPR). These students should be allowed an exemption from the requirement for instruction in CPR and the use of AEDs.
Emergency action is therefore necessary for the preservation of the general welfare in order to ensure the timely implementation during the 2015-2016 school year of the exemption option for students with disabilities from the instruction in hands-only CPR and the use of AEDs requirement in senior high school.
It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the February 22-23, 2016 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 45-day public comment period prescribed by the State Administrative Procedure Act for State agency rule makings.
Subject:
Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs).
Purpose:
Provide limited exemption to students with disabilities from CPR/AED required instruction.
Text of emergency/proposed rule:
A new subparagraph (iv) of paragraph (11) of subdivision (c) of section 100.2 is added, effective November 17, 2015, as follows:
(iv) A student identified with a disability that precludes his or her ability to participate in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator may be exempted from the instruction requirement in this paragraph if the student’s individualized education program developed in accordance with section 200.4 of this Title or accommodation plan developed pursuant to section 504 of the Rehabilitation Act of 1973 states that the student is physically or cognitively unable to perform the tasks included in the instruction.
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 February 14, 2016.
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@nysed.gov
Data, views or arguments may be submitted to:
James P. DeLorenzo, Assistant Commissioner P-12, State Education Department, Office of Special Education, State Education Building, Room 309, 89 Washington Ave., Albany, NY 12234, (518) 402-3353, email: spedpubliccomment@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
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 Regents and the Commissioner to adopt rules and regulations to carry out State laws 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, 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 execute all educational policies determined by the Regents.
Education Law 308 authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.
Education Law § 804-c authorizes school districts to provide cardiopulmonary resuscitation (CPR) instruction as part of the health education curriculum at their own discretion. If a district chooses to include such instruction, in addition to the requirement that all teachers of health education are certified to teach health, persons providing CPR instruction must possess valid certification in the performance and teaching of CPR. School districts that choose to offer CPR instruction under § 804-c are required to provide necessary facilities, time, learning aids, and curricular resource materials to support such course study.
Education Law § 804-d provides that senior high schools in which CPR instruction is provided pursuant to Education Law § 804-c, must also include instruction regarding the correct use of Automated External Defibrillators (AEDs). Individuals providing instruction in the correct use of AEDs must possess valid certification by a nationally recognized organization or the State emergency medical services council offering certification in the operation of an AED and in its instruction.
Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools. The law further requires the Commissioner to seek the recommendations of teachers, school administrators, educators, and others with educational expertise in such curriculum, as well as comments from parents, students, and other interested parties prior to making a recommendation to the Board of Regents.
Education Law section 3713(1) and (2) authorize the State and school districts to accept federal law making appropriations for educational purposes and authorize Commissioner to cooperate with federal agencies to implement such law.
Education Law § 4403 establishes SED and school district responsibilities regarding special education programs and services to students with disabilities. § 4403(3) authorizes Commissioner to adopt regulations as deemed in their best interests.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents policy to allow an exemption of a student identified as having a disability that precludes his or her ability to participate in hands-only instruction in CPR and instruction in the use of AEDs from the instruction requirement in section 100.2(c)(11) of the Commissioner’s regulations.
NEEDS AND BENEFITS:
In September 2015, the Board of Regents permanently adopted the addition of a new section 100.2(c)(11) of the Commissioner’s regulations to implement Chapter 417 of the Laws of 2014, which became effective October 7, 2015. Under the new regulation, students are required to complete hands-only instruction in CPR and instruction in the use of AEDs at least once between grades 9-12 before graduation. The standards for such instruction must be based on a nationally recognized instructional program that utilizes the most current guidelines for CPR and emergency cardiovascular care issued by the American Heart Association or a substantially equivalent organization and be consistent with the requirements of the programs adopted by the American Heart Association or the American Red Cross, and must incorporate instruction designed to:
• recognize the signs of a possible cardiac arrest and to call 911;
• provide an opportunity to demonstrate the psychomotor skills necessary to perform hands-only CPR; and
• provide awareness in the use of an AED.
Most students with disabilities have the ability to complete the instruction in hands-only CPR and the use of AEDs described above. However, the Department recognizes that there may be some students who, due to the nature of their disability, will not be able to physically or cognitively perform the tasks included in such instruction (e.g., demonstrating the psychomotor (hands-on) skills to perform CPR). The proposed amendment would allow a student’s Committee on Special Education (CSE) or Multidisciplinary Team (MDT) pursuant to Section 504 of the Rehabilitation Act of 1973 to exempt a student identified as having a disability that precludes his or her ability to participate in hands-only CPR and the use of AEDs from the instruction requirement in section 100.2(c)(11) of the Commissioner’s regulations. The student’s individualized education program (IEP) or Section 504 accommodation plan would need to indicate that such student is physically or cognitively unable to perform the tasks included in the instruction in hands-only CPR and the use of AEDs.
COSTS:
(a) Costs to State government: None.
(b) Costs to local government: The proposed amendment will not impose any significant costs beyond those imposed by federal statutes and regulations and State statutes. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is reviewed, and would not require a separate meeting. Any costs associated with CSE or Section 504 MDT meetings that may need to be convened in the 2015-2016 school year for the sole purpose of determining if a student should be exempt from the instruction in hands-only CPR and the use of AEDs requirement in section 100.2(c)(11) of the Commissioner’s regulations are expected to be minimal and capable of being absorbed by using existing district staff and resources.
(c) Costs to private regulated parties: None.
(d) Costs to regulating agency for implementation and continued administration of this rule: None.
LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any additional program, service, duty or responsibility upon school districts beyond those imposed by federal and State statutes and regulations. In accordance with federal and State law and regulations, the CSE is already required to meet to review a student’s IEP at least annually, and would include a determination of the extent, if any, to which a student will not participate in regular class and/or extracurricular and other nonacademic activities with nondisabled peers. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs requirement would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is annually reviewed, and would not require a separate meeting. For students with disabilities exiting in the 2015-16 school year, it may be necessary for the CSE or Section 504 MDT to convene a meeting for the sole purpose of determining if a student should be exempt from the instruction in CPR and the use of AEDs requirement. In accordance with the procedures in section 200.4(g)(2) of the Commissioner’s regulations, a school district and the parent may also agree not to convene a meeting for the purpose of amending an IEP and instead may develop a written document to amend the IEP to identify if the student is exempt from the instruction requirement in hands-only CPR and the use of AEDs.
PAPERWORK:
The proposed amendment does not impose any additional paperwork requirements. The Department will be amending the State’s mandated IEP form to include a statement to identify if a student is exempt from the instruction requirement in CPR and the use of AEDs. Therefore, there would be no additional paperwork requirements imposed since school districts must currently use the IEP form prescribed by the Commissioner.
DUPLICATION:
The proposed amendment does not duplicate existing State or Federal requirements.
ALTERNATIVES:
There were no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no applicable Federal standards.
COMPLIANCE SCHEDULE:
It is anticipated that schools will be able to achieve compliance with the proposed amendment by its effective date.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment relates to general school requirements and is necessary to implement Regents policy to allow an exemption of a student identified as having a disability that precludes his or her ability to participate in hands-only instruction in cardiopulmonary resuscitation (CPR) and instruction in the use of Automated External Defibrillators (AEDs) from the instruction requirement in section 100.2(c)(11) of the Commissioner’s regulations.
The proposed amendment does not impose any adverse economic impact, reporting, record keeping or 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 steps 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 Governments:
EFFECT OF RULE:
The proposed amendment applies to all public schools, charter schools, and State agency operated and approved private schools in the State that have Committee on Special Education (CSE) or Section 504 multidisciplinary team (MDT) responsibilities.
COMPLIANCE REQUIREMENTS:
The proposed amendment does not impose any additional compliance requirements beyond those imposed by federal statutes and regulations and State law. In accordance with federal and State law and regulations, the CSE is already required to meet to review a student’s individualized education program (IEP) at least annually, and would include a determination of the extent, if any, to which a student will not participate in regular class and/or extracurricular and other nonacademic activities with nondisabled peers. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is annually reviewed, and would not require a separate meeting. For students with disabilities exiting in the 2015-16 school year, it may be necessary for the CSE or Section 504 MDT to convene a meeting for the sole purpose of determining if a student should be exempt from the instruction in CPR and the use of AEDs requirement. However, in accordance with the procedures in section 200.4(g)(2) of the Commissioner’s regulations, a school district and the parent may also agree not to convene a meeting for the purpose of amending an IEP and instead may develop a written document to amend the IEP to identify if the student is exempt from the instruction requirement in hands-only CPR and the use of AEDs.
PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional service requirements on school districts, charter schools, and State agency operated and approved private schools in the State.
COMPLIANCE COSTS:
The proposed amendment will not impose any significant costs beyond those imposed by federal statutes and regulations and State statutes. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is reviewed, and would not require a separate meeting. Any costs associated with CSE or Section 504 MDT meetings that may need to be convened in the 2015-2016 school year for the sole purpose of determining if a student should be exempt from the instruction in hands-only CPR and the use of AEDs requirement in section 100.2(c)(11) of the Commissioner’s regulations are expected to be minimal and capable of being absorbed by using existing district staff and resources.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any additional technological requirements. Economic feasibility is addressed above under compliance costs.
MINIMIZE ADVERSE IMPACT:
The proposed amendment would implement Regents policy to allow an exemption of a student with a disability from the instruction in hands-only instruction in CPR and instruction in the use of AEDs requirement in section 100.2(c)(11) of the Commissioner’s regulations. It does not impose any additional compliance requirements or significant costs and therefore would have no adverse impact on the regulated parties.
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 and to charter schools.
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 amendment is necessary to implement Regents policy regarding instruction in CPR and the use of AEDs pursuant to Education Law section 305(52), as added by Chapter 417 of the Laws of 2014. 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 Emergency Adoption and 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 amendment applies to all public schools, charter schools, and State agency operated and approved private schools in the State that have Committee on Special Education (CSE) or Section 504 multidisciplinary team (MDT) responsibilities, 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 compliance requirements beyond those imposed by federal statutes and regulations and State law. In accordance with federal and State law and regulations, the CSE is already required to meet to review a student’s individualized education program (IEP) at least annually, and would include a determination of the extent, if any, to which a student will not participate in regular class and/or extracurricular and other nonacademic activities with nondisabled peers. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is annually reviewed, and would not require a separate meeting. For students with disabilities exiting in the 2015-16 school year, it may be necessary for the CSE or Section 504 MDT to convene a meeting for the sole purpose of determining if a student should be exempt from the instruction in CPR and the use of AEDs requirement. However, in accordance with the procedures in section 200.4(g)(2) of the Commissioner’s regulations, a school district and the parent may also agree not to convene a meeting for the purpose of amending an IEP and instead may develop a written document to amend the IEP to identify if the student is exempt from the instruction requirement in hands-only CPR and the use of AEDs.
3. COMPLIANCE COSTS:
The proposed amendment will not impose any significant costs beyond those imposed by federal statutes and regulations and State statutes. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is reviewed, and would not require a separate meeting. Any costs associated with CSE or Section 504 MDT meetings that may need to be convened in the 2015-2016 school year for the sole purpose of determining if a student should be exempt from the instruction in hands-only CPR and the use of AEDs requirement in section 100.2(c)(11) of the Commissioner’s regulations are expected to be minimal and capable of being absorbed by using existing district staff and resources.
4. MINIMIZING ADVERSE IMPACT:
The proposed amendment is necessary to implement Regents policy to allow an exemption of a student identified as having a disability that precludes his or her ability to participate in hands-only instruction in cardiopulmonary resuscitation (CPR) and instruction in the use of Automated External Defibrillators (AEDs) from the instruction requirement in section 100.2(c)(11) of the Commissioner’s regulations. It does not impose any additional compliance requirements or significant costs upon schools located in rural areas. The determination regarding a student’s ability to participate in instruction in hands-only CPR and the use of AEDs would generally be made at the CSE or Section 504 MDT meeting at which a student’s IEP or accommodation plan is reviewed, and would not require a separate meeting. Any costs associated with CSE or Section 504 MDT meetings that may need to be convened in the 2015-2016 school year for the sole purpose of determining if a student should be exempt from the instruction in hands-only CPR and the use of AEDs requirement are expected to be minimal and capable of being absorbed by using existing district staff and resources. Because this policy is applicable throughout the State, it was not possible to adopt different standards for schools in rural areas.
5. RURAL AREA PARTICIPATION:
The proposed amendment was submitted for review and comment to the Department’s Rural Education Advisory Committee, which includes representatives of school districts 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 amendment is necessary to implement Regents policy regarding instruction in CPR and the use of AEDs pursuant to Education Law section 305(52), as added by Chapter 417 of the Laws of 2014. 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 Emergency Adoption and 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 amendment is necessary to implement Regents policy to allow an exemption of a student identified as having a disability that precludes his or her ability to participate in instruction hands-only cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) from the instruction requirement in section 100.2(c)(11) of the Commissioner’s regulations.
The proposed amendment will not have a substantial adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have no impact, or a positive impact, on jobs or 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 has not been prepared.
