EDU-09-08-00009-P Standing Committees of the Board of Regents

2/27/08 N.Y. St. Reg. EDU-09-08-00009-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 9

February 27, 2008

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-09-08-00009-P

Standing Committees of the Board of Regents

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

Proposed action:

Amendment of sections 3.2 and 4-1.5 of Title 8 NYCRR.

Statutory authority:

Education Law, section 207 (not subdivided)

Subject:

Standing committees of the Board of Regents.

Purpose:

To conform the Rules of the Board of Regents to a recent reorganization of the committee structure of the Board of Regents, which separated the Committee on Higher Education and Professional Practice into the Committee on Higher Education and the Committee on Professional Practice, and which separated the Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Educational Services for Individuals with Disabilities into the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational and Educational Services for Individuals with Disabilities.

Text of proposed rule:

1. Subdivision (a) of section 3.2 of the Rules of the Board of Regents is amended, effective June 12, 2008, as follows:

(a) The chancellor shall appoint the following standing committees and designate the leadership of each committee:

(1) Policy Integration and Innovation.

(2) Higher Education [and Professional Practice].

(3) Elementary, Middle, Secondary and Continuing Education [and Vocational and Educational Services for Individuals with Disabilities].

(4) Cultural Education.

(5) Ethics.

(6) Professional Practice.

(7) Vocational and Educational Services for Individuals with Disabilities.

2. Subdivision (d) of section 3.2 of the Rules of the Board of Regents is amended, effective June 12, 2008, as follows:

(d) The functions of the standing committees shall include:

(1) …

(2) Committee on Higher Education [and Professional Practice]:

(i) develops policy recommendations regarding postsecondary education and retraining programs, [and develops policy recommendations regarding standards of professional conduct, continuing competence standards, professional practice issues, professional assistance programs, and the disciplinary process,] and monitors implementation of such functions by the department;

(ii) oversees preparation of the statewide plan for the development of postsecondary education and reviews and approves amendments to institutional or sectorial master plans for new programs and facilities [,and amendments relating to professional practice and professional conduct];

(iii) reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education pertaining to postsecondary education issues, including academic and professional program approval, and student and institutional financial aid[, professional licensure requirements, and the administration of continuing professional competence requirements and amendments relating to professional practice and professional conduct;

(iv) oversees administration of continuing competence requirements for professional licensure and registration;

(v) develops policy recommendations concerning professional manpower, examination and licensure issues and requirements, including minority access to professional education and licensure;

(vi) reviews and approves appointments to the State boards for regular service (advising on licensure, examinations, practice and discipline) for the professions;

(vii) reviews and approves the recommendations of the Staff Committee on the Professions on application for waiver of licensure requirements];

[(viii)] (iv) monitors the financial conditions of the postsecondary institutions;

[(ix)] (v) develops legislative and budgetary proposals for higher and professional education[, professional practice and professional discipline,] and monitors advocacy of such proposals;

[(x)] (vi) recommends appointments to advisory councils and boards; [and]

[(xi)] (vii) seeks input from the public and the field concerning postsecondary education policies and practices; and

[(xii)] (viii) reviews and makes recommendations to the full board on incorporation and chartering of higher education institutions and organizations, professional organizations, and institutions offering professional education programs[;

(xiii) reviews and approves appointments to the State Boards for the Professions for service on licensure/disciplinary panels;

(xiv) reviews Regents Review Committee recommendations and proposed consent orders and surrenders of license in professional discipline cases;

(xv) reviews the recommendations of the Staff Committee on the Professions on petitions for restoration of a professional license; and

(xvi) seeks input from the public and the professions concerning professional practice and professional discipline policies and practices].

(3) Committee on Elementary, Middle, Secondary and Continuing Education [and Vocational and Educational Services for Individuals with Disabilities]:

(i) develops policy recommendations regarding elementary, middle and secondary education, workforce preparation and continuing education, [vocational rehabilitation and special education, overall coordination of vocational and educational services for individuals with disabilities,] and coordination of interagency agreements and activities;

(ii) …

(iii) …

(iv) …

(v) reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education pertaining to elementary, middle and secondary education and workforce preparation and continuing education[, and amendments relating to vocational rehabilitation, special education and related educational services for individuals with disabilities];

(vi) …

(vii) develops legislative and budgetary proposals for elementary, middle and secondary education and workforce preparation and continuing education[, vocational rehabilitation, special education and related educational services for individuals with disabilities,] and monitors the advocacy of such proposals, and leads in pressing for legislative and budgetary priorities within the department and with the Legislature;

(viii) initiates studies and activities leading to the improvement of educational conditions and outcomes for children from birth through high school graduation and adults in workforce preparation and continuing education programs; and

(ix) reviews and makes recommendations to the full board on incorporation and chartering of institutions and organizations proposing to offer prekindergarten, kindergarten, elementary, middle or secondary education programs[;] .

[(x) monitors the implementation of vocational rehabilitation and special education programs and services and of interagency agreements;

(xi) reviews the development and implementation of the Regents Comprehensive Plan for the Office of Vocational and Educational Services for Individuals with Disabilities; and

(xii) seeks input from the public and professional field on policies and practices concerning vocational rehabilitation; special education and related educational services for individuals with disabilities.]

(4) …

(5) …

(6) Committee on Professional Practice:

(i) develops policy recommendations regarding standards of professional conduct, continuing competence standards, professional practice issues, professional manpower issues, professional licensure requirements including licensing examination requirements, which shall include issues concerning minority access to professional education, licensing examinations and licensure, professional assistance programs, and the professional disciplinary process, and monitors implementation of such functions by the department;

(ii) reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education relating to professional licensure requirements, continuing professional competence requirements, professional practice, and professional conduct;

(iii) develops legislative and budgetary proposals relating to professional practice and professional discipline policies and practices, and monitors the advocacy of such proposals;

(iv) oversees administration of continuing competence requirements for professional licensure and registration;

(v) reviews Regents Review Committee recommendations and proposed consent orders and surrenders of license in professional discipline cases;

(vi) reviews Regents Review Committee recommendations in proceedings relating to the unauthorized practice of the professions or the unauthorized use of a professional title;

(vii) reviews the recommendations of the Staff Committee on the Professions on petitions for restoration of a professional license;

(viii) reviews and approves the recommendations of the Staff Committee on the Professions on application for waiver of licensure requirements;

(ix) seeks input from the public and professions concerning professional practice and professional discipline policies and practices; and

(x) reviews and approves appointments to the State board for the professions.

(7) Committee on Vocational and Educational Services for Individuals with Disabilities:

(i) develops policy recommendations regarding vocational rehabilitation and special education, overall coordination of vocational and educational services to individuals with disabilities, and coordination of interagency agreements and activities;

(ii) monitors the implementation of vocational rehabilitation and special education programs and services and interagency agreements;

(iii) develops legislative and budgetary proposals for vocational rehabilitation, special education and related educational services for individuals with disabilities, and monitors the advocacy of such proposals, and leads in pressing for legislative and budgetary priorities within the department and with the Legislature;

(iv) reviews and approves amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education relating to vocational rehabilitation, special education and related educational services for individuals with disabilities; and

(v) seeks input from the public and professional field on policies and practices concerning vocational rehabilitation; special education and related educational services for individuals with disabilities.

3. Subparagraph (iv) of paragraph (11) of subdivision (a) of section 4-1.5 of the Rules of the Board of Regents is amended, effective June 12, 2008, as follows:

(iv) The commissioner shall transmit the appeal papers to a standing subcommittee on accreditation appeals of the committee on higher education [and professional practice] of the Board of Regents.

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

Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Kathy A. Ahearn, Counsel and Deputy Commissioner for Legal Affairs, Office of Counsel, State Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, [phone]

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 reorganizes the committee structure of the Board of Regents to assist the Board in meeting its statutory responsibility to determine the educational policies of the State and to carry out the laws and policies of the State relating to education.

3. NEEDS AND BENEFITS:

The proposed amendment is necessary to conform the Rules of the Board of Regents to a recent reorganization of the committee structure of the Board of Regents so that the Board may more effectively meet its statutory responsibilities. The Committee on Higher Education and Professional Practice has been separated into the Committee on Higher Education and the Committee on Professional Practice. The Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Educational Services for Individuals with Disabilities has been separated into the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational and Educational Services for Individuals with Disabilities.

The Board of Regents has determined that the reorganization of the committee structure of the Board of Regents is necessary to assist the Board of Regents to effectively meet its statutory responsibility to determine the educational policies of the State and carry out the laws and policies of the State relating to education. In accordance with the recent changes made to the committee structure of the Board, the proposed amendment will establish the specific functions of each newly formed committee so that each committee may efficiently and effectively review items and priority issues, which will, in turn, assist the Board of Regents to efficiently carry out its statutory responsibilities.

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 reorganizes the committee structure of the Board of Regents, 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 does 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 does 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.