PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 3.2(a) and (d)(6) of Title 8 NYCRR.
Statutory authority:
Education Law, section 207
Subject:
Regents standing committees.
Purpose:
Change Adult Education and Workforce Development committee name to "Adult Career and Continuing Education Services (ACCES)".
Text of proposed rule:
1. Subdivision (a) of section 3.2 of the Rules of the Board of Regents is amended, effective March 30, 2011, as follows:
(a) The chancellor shall appoint the following standing committees and designate the leadership of each committee:
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) [Adult Education and Workforce Development] Adult Career and Continuing Education Services (ACCES).
2. Paragraph (6) of subdivision (d) of section 3.2 of the Rules of the Board of Regents is amended, effective March 30, 2011, as follows:
(6) Committee on [Adult Education and Workforce Development] Adult Career and Continuing Education Services (ACCES):
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) . . .
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Kevin G. Smith, Deputy Commissioner, Office of Adult Career and Continuing Education Services, Room 1606, One Commerce Plaza, Albany, NY 12234, (518) 474-2714
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.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 gives the Board of Regents broad authority to adopt rules to carry into effect the laws and policies of the State pertaining to education and the functions, powers and duties conferred upon the University of the State of New York and the State Education Department. Inherent in such authority is the authority to adopt rules concerning the internal management and committee structure of the Board of Regents.
2. LEGISLATIVE OBJECTIVES:
The proposed amendment is necessary to conform the Regents Rules relating to the Regents standing committees to a change in name of the Office of Adult Education and Workforce Development to Office of Adult Career and Continuing Education Services (ACCES).
3. NEEDS AND BENEFITS:
The Office of Adult Education and Workforce Development was established under a recent reorganization of the State Education Department that abolished the Office of Vocational Educational Services for Individuals with Disabilities (VESID), and transferred responsibility for adult education, workforce development, vocational rehabilitation and proprietary school supervision to the new Adult Education and Workforce Development committee, and transferred responsibility for special education to a new Office of P-12 Education.
The Office of Adult Education and Workforce Development intends to change its name to Office for Adult Career and Continuing Education Services (ACCES). The proposed amendment is needed to make a conforming change in the name of the Regents standing committee from Committee on Adult Education and Workforce Development to "Committee on Adult Career and Continuing Education Services (ACCES)."
4. COSTS:
(a) Cost to State government: None.
(b) Cost to local government: None.
(c) Costs to private regulated parties: None.
(d) Costs to the regulating agency for implementation and continuing administration of the rule: None.
The proposed amendment relates to the internal organization of the Board of Regents and merely changes the name of the Committee on Adult Education and Workforce Development to "Committee on Adult Career and Continuing Education Services (ACCES)," and will not impose any costs on State and local government, private regulated parties or the State Education Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed amendment relates to the internal organization of the Board of Regents and consequently will not impose any program, service, duty or responsibility on local governments.
6. PAPERWORK:
The proposed amendment does not impose any reporting, record keeping or other paperwork requirements.
7. DUPLICATION:
The proposed amendment does not duplicate any existing State or federal requirements.
8. ALTERNATIVES:
There are no significant alternatives and none were considered.
9. FEDERAL STANDARDS:
The amendment does not exceed any minimum federal standards for the same or similar subject areas, since it relates solely to the internal organization of the Board of Regents of New York State and there are no federal standards governing such.
10. COMPLIANCE SCHEDULE:
The proposed amendment relates solely to the internal organization of the Board of Regents and will not impose compliance requirements on local governments or private parties.
Regulatory Flexibility Analysis
The proposed amendment relates to the internal organization of the Board of Regents and therefore will not have any adverse economic impact or impose any compliance requirements on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will have no impact on small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.
Rural Area Flexibility Analysis
The proposed amendment relates to the internal organization of the Board of Regents and therefore will not have any adverse economic impact or impose any compliance requirements on entities in rural areas. Because it is evident from the nature of the proposed amendment that it will have no impact on entities in rural areas of the State, no further steps 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 the internal organization of the Board of Regents and 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 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.
