4/11/12 N.Y. St. Reg. EDU-04-12-00002-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 100.2(c) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101(not subdivided), 207(not subdivided), 305(1) and (2), 801-a(1)(not subdivided), and L. 2010, ch. 482, section 3
Subject:
Instruction in civility, citizenship and character education and the Dignity for All Students Act.
Purpose:
Conform Commissioners Regulations to the Dignity for All Students Act (ch. 482, L. 2010).
Text or summary was published
in the January 25, 2012 issue of the Register, I.D. No. EDU-04-12-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email:
legal@mail.nysed.govAssessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on January 18, 2012, the State Education Department received the following comments.
We commend the State Education Department for its thoughtful approach to implementing DASA. Successful implementation is critical to the safety and well-being of New York students. We fully support the proposed rule as a component of such implementation.
No response is necessary, as the comment is supportive.
The proposed rule's provision that the complete code of conduct, including annual updates and other amendments to the code, be posted on the Internet web site of each school district will impose a hardship on small school districts that do not maintain an Internet web site. It was suggested that, in lieu of such requirement, a school district be allowed to mail copies of the code to all families in the district.
The proposed provision [section 100.2(l)(2)(iii)(b)(1)] is intended to require only those schools, school districts and boards of cooperative educational services that maintain websites to post their codes of conduct, and any updates and amendments to them, on such websites. The proposed amendment has been revised to clarify this. The Department may consider issuing guidance with respect to those schools and school districts that do not maintain websites.
