PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Repeal of section 175.43 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 207 (not subdivided), 305(1) and (2), and 3602(12), (12-b) and (38); and L. 2003, ch. 62, Part A2, section 15; L. 2004, ch. 57, Part C, section 26; L. 2005, ch. 53; and L. 2006, ch. 53
Subject:
Operating standards aid plan.
Purpose:
To eliminate a reporting requirement specifically associated with a category of State aid that is no longer individually calculated and paid to school districts.
Text of proposed rule:
Section 175.43 of the Regulations of the Commissioner of Education is repealed, effective June 14, 2007.
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, (518) 473-8296, e-mail: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Deborah H. Cunningham, Coordinator for Educational Management Services, Education Department, Rm. 876 EBA, Albany, NY 12234, (518) 474-6541, e-mail: dcunning@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged 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 section 305(1) designates the Commissioner as chief executive officer of the State system of education and the Regents, and authorizes the Commissioner to enforce laws relating to the educational system and to execute the Regents' educational policies. Section 305(2) authorizes the Commissioner to have general supervision over schools subject to the Education Law.
Education Law section 3602(38), as amended by section 35 of Part L of Chapter 405 of the Laws of 1999, provided that school districts shall be eligible for an apportionment of Operating Standards Aid for its services and expenses in helping students improve achievement in order to meet the new high learning standards and assessments established by the Board of Regents, in accordance with a district plan.
Education Law section 3602(12-b), as amended by section 15 of Part A2 of Chapter 62 of the Laws of 2003, consolidated Operating Standards Aid into Comprehensive Operating Aid. Section 26 of Part C of Chapter 57 of the Laws of 2004 continued the consolidation of Operating Standards Aid into Comprehensive Operating Aid. Operating Standards Aid was subsequently consolidated into FLEX aid by Chapter 53 of the Laws of 2005 and Chapter 53 of the Laws of 2006.
LEGISLATIVE OBJECTIVES:
The proposed repeal is consistent with the authority conferred by the above statutes and is necessary to eliminate a documentation requirement no longer applicable.
NEEDS AND BENEFITS:
The proposed repeal will relieve school districts of the necessity to complete a report associated with a category of State Aid that no longer exists. Specifically, the proposed repeal will eliminate a reporting requirement associated with Operating Standards Aid, which was consolidated into Comprehensive Operating Aid with the 2003-04 school year pursuant to section 15 of Part A2 of Chapter 62 of the Laws of 2003 and section 26 of Part C of Chapter 57 of the Laws of 2004, and subsequently consolidated into FLEX aid by Chapter 53 of the Laws of 2005 and Chapter 53 of the Laws of 2006. This repeal is part of a Regents initiative to streamline school district planning and reporting. The contents of the Operating Standards Aid Plan, specifically associated with Operating Standards Aid, will become part of school districts' comprehensive improvement planning.
COSTS:
(a) Costs to State government: None.
(b) Costs to local government: None.
(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 repeal does not impose any additional program, service, duty or responsibility upon local governments. The proposed repeal will relieve school districts of the necessity to complete a report associated with a category of State Aid that no longer exists.
PAPERWORK:
The proposed repeal will reduce paperwork by school districts or boards of cooperative educational services by eliminating a requirement to complete a report associated with a category of State Aid that no longer exists.
DUPLICATION:
The proposed repeal does not duplicate existing State or federal regulations.
ALTERNATIVES:
There are no significant alternatives and none were considered.
FEDERAL STANDARDS:
There are no related federal standards.
COMPLIANCE SCHEDULE:
The proposed repeal eliminates an obsolete reporting requirement. Since Operating Standards Aid no longer exists, school districts and boards of cooperative educational services do not have to meet a compliance schedule.
Regulatory Flexibility Analysis
Small Businesses:
The proposed repeal eliminates a reporting requirement associated with a category of State Aid to school districts that no longer exists. Specifically, the proposed repeal will eliminate a specific reporting requirement associated with Operating Standards Aid, which, commencing with the 2003-04 school year, was consolidated into Comprehensive Operating Aid, and subsequently, commencing with the 2005-2006 school year, consolidated into FLEX aid. The proposed repeal 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 repeal 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:
EFFECT OF RULE:
The proposed repeal applies to all public school districts in the State.
COMPLIANCE REQUIREMENTS:
The proposed repeal does not impose any compliance requirements on local governments. The proposed repeal will relieve school districts of the necessity to complete a report associated with a category of State Aid that no longer exists. Specifically, the proposed repeal will eliminate a reporting requirement associated with Operating Standards Aid, which, commencing with the 2003-2004 school year, was consolidated into Comprehensive Operating Aid pursuant to section 15 of Part A2 of Chapter 62 of the Laws of 2003 and section 26 of Part C of Chapter 57 of the Laws of 2004, and subsequently, commencing with the 2005-2006 school year, consolidated into FLEX aid pursuant to Chapter 53 of the Laws of 2005 and Chapter 53 of the Laws of 2006.
PROFESSIONAL SERVICES:
The proposed repeal does not impose any additional professional services requirements.
COMPLIANCE COSTS:
The proposed repeal does not impose any additional costs to school districts. School districts may realize a savings as a result of this repeal.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed repeal does not impose any additional costs or new technological requirements on school districts.
MINIMIZING ADVERSE IMPACT:
This repeal is part of a Regents initiative to streamline school district planning and reporting. The proposed repeal will relieve school districts of the necessity to complete a report associated with a category of State Aid that no longer exists. Specifically, the proposed repeal will eliminate a reporting requirement associated with Operating Standards Aid, which, commencing with the 2003-2004 school year, was consolidated into Comprehensive Operating Aid pursuant to section 15 of Part A2 of Chapter 62 of the Laws of 2003 and section 26 of Part C of Chapter 57 of the Laws of 2004, and subsequently, commencing with the 2005-2006 school year, consolidated into FLEX aid pursuant to Chapter 53 of the Laws of 2005 and Chapter 53 of the Laws of 2006. The contents of the Operating Standards Aid Plan, specifically associated with Operating Standards Aid, will become part of school districts comprehensive improvement planning.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed repeal were solicited from school districts through the offices of the district superintendents of each supervisory district in the State. In addition, the State Education Department has presented on, and discussed this topic extensively with school districts across New York State.
Rural Area Flexibility Analysis
TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:
The proposed amendment applies to all school districts, including those 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.
REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed repeal does not impose any reporting, recordkeeping or other compliance requirements on school districts, including those in rural areas. The proposed repeal will relieve school districts of the necessity to complete a report associated with a category of State Aid that no longer exists. Specifically, the proposed repeal will eliminate a reporting requirement associated with Operating Standards Aid, which, commencing with the 2003-2004 school year, was consolidated into Comprehensive Operating Aid pursuant to section 15 of Part A2 of Chapter 62 of the Laws of 2003 and section 26 of Part C of Chapter 57 of the Laws of 2004, and subsequently, commencing with the 2005-2006 school year, consolidated into FLEX aid pursuant to Chapter 53 of the Laws of 2005 and Chapter 53 of the Laws of 2006. There will be no professional services required.
COMPLIANCE COSTS:
The proposed repeal does not impose any additional costs to school districts, including those located in rural areas. School districts may realize a savings as a result of this repeal.
MINIMIZING ADVERSE IMPACT:
This repeal is part of a Regents initiative to streamline school district planning and reporting. The proposed repeal will relieve school districts of the necessity to complete a report associated with a category of State Aid that no longer exists. Specifically, the proposed repeal will eliminate a reporting requirement associated with Operating Standards Aid, which, commencing with the 2003-2004 school year, was consolidated into Comprehensive Operating Aid pursuant to section 15 of Part A2 of Chapter 62 of the Laws of 2003 and section 26 of Part C of Chapter 57 of the Laws of 2004, and subsequently, commencing with the 2005-2006 school year, consolidated into FLEX aid pursuant to Chapter 53 of the Laws of 2005 and Chapter 53 of the Laws of 2006. The contents of the Operating Standards Aid Plan, specifically associated with Operating Standards Aid, will become part of school districts comprehensive improvement planning.
RURAL AREA PARTICIPATION: Comments on the proposed repeal were solicited from the Department's Rural Advisory Committee, whose membership includes school districts located in rural areas. In addition, the State Education Department has presented on, and discussed this topic extensively with school districts across New York State, including rural school districts.
Job Impact Statement
The proposed repeal eliminates a reporting requirement associated with a category of State Aid to school districts that no longer exists. Specifically, the proposed repeal will eliminate a specific reporting requirement associated with Operating Standards Aid, which, commencing with the 2003-04 school year, was consolidated into Comprehensive Operating Aid, and subsequently, commencing with the 2005-2006 school year, consolidated into FLEX aid. The proposed repeal will not have a substantial adverse impact on job or employment opportunities. Because it is evident from the nature and purpose of the proposed repeal that it will have no impact on jobs or employment opportunities, no further measures were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
