reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 116 - Educational Programs And Services For Children In Full-time Residential Care In Homes Or Facilities Operated Or Supervised By A State Department Or Agency Or Political Subdivision › Section 116.1 - Scope of part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any State
				  department or agency or political subdivision, except a board of education or a
				  board of cooperative educational services, which provides educational programs
				  and services for children who are in full-time residential care in homes or
				  facilities operated or supervised by such agencies, and who do not attend the
				  public schools of the school districts in which such homes or facilities are
				  located, shall provide such programs and services in accordance with the
				  requirements of sections
				  116.2,
				  116.5,
				  116.6 
				  and either section
				  116.3
				  or
				  116.4 
				  of this Part. Prior approval of the commissioner is required to provide
				  educational programs and services pursuant to the provisions of section
				  116.4 
				  in lieu of the provisions of section
				  116.3 
				  of this Part.
(b) The educational
				  programs and services conducted or supervised by a State department, agency or
				  political subdivision, pursuant to this Part, shall be subject to review by the
				  Commissioner of Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 116 - Educational Programs And Services For Children In Full-time Residential Care In Homes Or Facilities Operated Or Supervised By A State Department Or Agency Or Political Subdivision › Section 116.3 - Educational programs and services

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise authorized pursuant to section
					 116.4 
					 of this Part, educational programs and services provided by any State
					 department or agency or political subdivision shall meet the following
					 requirements in addition to those set forth in section
					 116.2  of this
					 Part.
(a) The length of the school day
				  shall be comparable to that required by section
				  175.5 
				  of this Title. The school day shall include instructional services and, for
				  pupils with handicapping conditions, related services, as such term is defined
				  in section
				  200.1(dd) 
				  of this Title, but shall not include transportation.
(b) Personnel qualifications. All
				  professional instructional personnel shall have the required certificates as
				  set forth in Part 80 of this Title, except as otherwise provided in
				  subdivisions (d) and (e) of this section.
(c) Safety education shall be provided
				  equivalent to that required in Part 107 of this Title.
(d) Physical education and athletic programs
				  shall be provided equivalent to those required by sections
				  135.1,
				  135.2 and
				  135.4  of this
				  Title, except that interschool athletic programs are not required. Approval may
				  be granted by the commissioner for a variance from the requirement of
				  certification of the physical education teacher upon a finding that the
				  instructor has equivalent background and training.
(e) Health education shall be provided
				  equivalent to that required in section
				  135.3  of this
				  Title, except that approval may be granted by the commissioner for a variance
				  from the requirement of certification of the health education teacher upon a
				  finding that the instructor has equivalent background and training.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 116 - Educational Programs And Services For Children In Full-time Residential Care In Homes Or Facilities Operated Or Supervised By A State Department Or Agency Or Political Subdivision › Section 116.4 - Alternative educational programs and services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon written application and approval of
				  the commissioner, homes or facilities providing educational programs and
				  services to populations that are small in number and either transient or
				  confined may provide such educational programs and services pursuant to this
				  section in lieu of the requirements of section
				  116.3 
				  of this Part.
(1) Application. Such
				  application shall provide the justification for the need to provide programs
				  and services pursuant to this section in lieu of section
				  116.3 
				  of this Part. Such application shall include:
(i) specific reasons for choosing to provide
				  services under this section, which shall include a description of the
				  population served; and
(ii)
				  specific details of the alternative educational program and services proposed,
				  which shall include the subject areas as required by section 3204  of the Education Law and Part 100 of
				  this Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 116 - Educational Programs And Services For Children In Full-time Residential Care In Homes Or Facilities Operated Or Supervised By A State Department Or Agency Or Political Subdivision › Section 116.5 - Educational plan

Current through Register Vol. 46, No. 28, July 10, 2024
Each home or facility subject to the provisions of this
					 Part shall prepare a long-range educational plan to meet the needs of the
					 children residing therein. Such plan shall be updated on an annual basis and
					 maintained by the chief administrator of the home or facility in a form
					 approved by the commissioner and shall include, but need not be limited to, the
					 following:
(a) a narrative description
				  of the content and scope of the educational programs and services available to
				  pupils in the home or facility, including, but not limited to:
(1) curriculum areas provided and the
				  certification areas of the instructor;
(2) support programs available; and
(3) administrative staff involved with the
				  educational program and their credentials;
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 117 - Diagnostic Screening Of Pupils › Section 117.1 - Scope of part

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish standards for the
					 screening of every new entrant to the schools to determine which students are
					 possibly gifted, have or are suspected of having a disability in accordance
					 with subdivision (6) of section 3208  of the Education Law and/or possibly
					 are limited English proficient in accordance with subdivision 2-a of section 3204  of the Education
					 Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 117 - Diagnostic Screening Of Pupils › Section 117.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) A student who is suspected of having a
				  disability shall mean a student who, on the basis of diagnostic screening,
				  shows evidence of being a preschool student with a disability or student with a
				  disability as defined in section 200.(mm) and 200.1(zz) of this Title
				  respectively.
(b) A student who
				  possibly is limited English proficient shall mean a student who, on the basis
				  of diagnostic screening, appears to meet the definition of limited English
				  proficiency as contained in section 154.2 of this Title.
(c) A student who is possibly gifted shall
				  mean student who, on the basis of diagnostic screening, appears to meet the
				  definition of gifted and talented as contained in section
				  142.2  of this
				  Title.
(d) New entrant shall mean a
				  student entering the New York State public school system, pre-kindergarten
				  through grade 12, for the first time, or reentering a New York State public
				  school with no available record of a prior screening.
(e) A student with low test scores shall mean
				  a student who scores below level two on either the third grade English language
				  arts or mathematics assessment for New York State elementary schools. Those
				  students exempted from testing as non-English speaking shall be examined in the
				  student's native language through similar procedures, and shall be screened for
				  suspected disabilities if resultant scores are comparable to those indicated
				  above.
(f) Diagnostic screening
				  shall mean a preliminary method of distinguishing from the general population
				  those students who may possibly be gifted, those students who may be suspected
				  of having a disability and/or those students who possibly are limited English
				  proficient.
(g) Health care
				  provider means a duly licensed physician, physician's assistant, or nurse
				  practitioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 117 - Diagnostic Screening Of Pupils › Section 117.3 - Diagnostic screening

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  school district shall develop a plan for the diagnostic screening of all new
				  entrants and students with low test scores. All new entrants and students with
				  low test scores shall be screened in accordance with the plan.
(b) Such diagnostic screening shall be
				  conducted:
(1) by persons appropriately
				  trained or qualified;
(2) by
				  persons appropriately trained or qualified in the student's native language if
				  the language of the home is other than English;
(3) in the case of new entrants, such
				  screening shall be conducted prior to the school year, if possible, but no
				  later than December 1st of the school year of entry, or within 15 days of
				  transfer of a student into a New York State public school should the entry take
				  place after December 1st of the school year; provided, however, that for the
				  2020-2021 school year, due to the COVID-19 crisis such screening for a student
				  who transfers after December 1, 2020 into a New York State public school from a
				  district outside New York State, or from a district within New York State and
				  such student has no screening record, shall be conducted as soon as
				  practicable;
(4) in the case of
				  students with low test scores, such screening shall be conducted within 30 days
				  of the availability of the test scores.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to instructional programs provided
					 pursuant to subdivision 7 of section 3202  of the Education Law to persons under
					 21 years of age who have not received a high school diploma and who have been
					 incarcerated in a correctional facility maintained by a county or by the City
					 of New York for 10 or more calendar days or who, in the judgment of the chief
					 administrative officer of the correctional facility, can reasonably be expected
					 to be incarcerated for a period of 10 or more calendar days. Such programs
					 shall be the responsibility of the school district within which the
					 correctional facility is located. The provisions of sections
					 118.2,
					 118.3 and
					 118.6 
					 of this Part shall not apply to a city school district which operates, in
					 accordance with the program requirements generally applicable to school
					 district programs, an academy or an alternative high school at such a
					 correctional facility and which elects, pursuant to Education Law, section 3602 (35), to receive
					 applicable aid pursuant to other provisions of section
					 3602 of the Education Law in lieu of any
					 aid provided pursuant to Education Law, section
					 3602(35).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.2 - Program plans

Current through Register Vol. 46, No. 28, July 10, 2024
Each school district which is responsible for the provision
					 of educational services pursuant to Education Law, section
					 3202(7) shall submit a
					 plan for the approval of the commissioner no later than July 15th of each
					 school year, except that for the 1986-87 school year, such plan shall be
					 submitted no later than November 21, 1986. Such plan shall consist of a
					 narrative description of the content and scope of the educational programs and
					 services available to students in the correctional facility, including, but not
					 limited to, the following:
(a)
				  evaluation procedures used;
(b)
				  instructional programs available, including a description of how available
				  programs will be modified, if necessary, to address the special needs of
				  students identified pursuant to section
				  118.3  of this Part as
				  in need of a more intensive program of educational services and of students
				  with limited English proficiency;
(c) qualifications of the instructional
				  staff, including but not limited to, teaching certificates or licenses held and
				  relevant experience with populations similar to the youth
				  incarcerated;
(d) estimated number
				  of full-time equivalent students to be served in the school year and the
				  estimated expense per student;
(e)
				  anticipated dates of commencement and termination of the program;
(f) whether the program will be a full-day or
				  half-day program;
(g) procedures
				  for the coordination of the district's educational services with other
				  appropriate support services provided by the county;
(h) procedures for notifying the department
				  and the school district responsible for the educational costs of a student that
				  a request for educational services has been received; and
(i) procedures for assisting the correctional
				  facility in providing incarcerated youth who are being released or discharged
				  from the facility information identifying the educational and other related
				  services which may be available to a student after release or discharge, and
				  the school district in which the student is entitled to attend school upon
				  release or discharge.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.3 - Evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  otherwise provided in subdivision (b) of this section, each school district
				  responsible for the provision of educational programs pursuant to Education
				  Law, section
				  3202(7) shall assure that
				  an educational evaluation is completed as soon as possible, but in no case
				  later than 10 school days after the district's receipt of a request for
				  educational services on behalf of a youth eligible to receive educational
				  services. The educational evaluation shall be administered in the student's
				  dominant language and shall assess at a minimum the student's development in
				  reading, mathematics, and receptive and expressive language. If such evaluation
				  indicates the possible need for a more intensive program of educational
				  services, a multidisciplinary assessment shall be performed and programmatic
				  recommendations based on that assessment shall be made to the student's teacher
				  not later than 20 school days after the district's receipt of a request for
				  educational services.
(b)
				  Information obtained from schools previously attended by the student, from the
				  student's presentencing report or from other comparable sources may be used to
				  supplement the assessments required by the provisions of subdivision (a) of
				  this section. In the event that the information so obtained includes the
				  results of adequate educational assessments of the student conducted within
				  three years prior to the district's receipt of the request for educational
				  services, such results may be used to satisfy, in whole or in part, the
				  requirement of subdivision (a) of this section that an educational evaluation
				  of the student be conducted.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.4 - Instructional programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Instruction shall be available on the same days the school district within
				  which the facility is located is in session. Instruction need not be provided
				  in the months of July and August.
(b) Hours of instruction. The amount of
				  instructional time provided to each student shall total not less than three
				  hours per school day. No less than 10 hours of the minimum 15 hours of
				  instruction required each week shall be instruction in reading, mathematics and
				  oral and written communication. Activities other than such instruction may
				  include life skills education, instruction concerning substance abuse,
				  including the misuse of alcohol, tobacco and other drugs, and other appropriate
				  programs approved by the commissioner pursuant to section
				  118.2  of this
				  Part.
(c) Instruction shall
				  commence not later than the 11th school day following the school district's
				  receipt of a request for educational services and shall:
(1) be provided by a certified or licensed
				  teacher;
(2) be provided through
				  small group or individual instruction;
(3) be individually paced; and
(4) be designed to increase a student's level
				  of achievement in the areas of reading, mathematics and written and oral
				  communication; and
(i) to prepare a student
				  to pass the high school equivalency diploma examination; or
(ii) to provide tutorial support to a student
				  who is expected to return to a school district or BOCES program of instruction
				  upon release from incarceration; or
(iii) to provide employment preparation
				  education which builds upon the student's interests, aptitudes and
				  skills.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.5 - Requests for educational services

Current through Register Vol. 46, No. 28, July 10, 2024
Within 10 days after admission of a youth eligible for
					 educational services pursuant to Education Law, section
					 3202(7), such youth shall
					 be apprised by the correctional facility of the availability of educational
					 services. If the youth requests, the correctional facility shall submit a
					 request for such educational services to the school district in which the
					 facility is located, which request shall include, but need not be limited to,
					 the following information:
(a) the
				  youth's name;
(b) the name and
				  location of the facility;
(c) the
				  last school grade completed by the youth as indicated by the youth;
(d) the anticipated duration of the
				  incarceration; and
(e) the address
				  of the last known residence of the youth at the time of the child's commitment
				  to custody.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.6 - Notice of services provided

Current through Register Vol. 46, No. 28, July 10, 2024
The school district in which the correctional facility is
					 located shall notify the department, and the school district identified
					 pursuant to Education Law, section
					 3202(7)(b) as being
					 responsible for the educational costs of such child, that a request for
					 educational services has been received from the correctional facility on behalf
					 of an incarcerated youth. Such notice shall be on a form prescribed by the
					 commissioner and shall be provided within 30 days of initiation of educational
					 services.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 118 - Instructional Programs For Students Incarcerated In Correctional Facilities Maintained By Counties Or The City Of New York › Section 118.8 - Procedures for review and determination of school district responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
				  review. A school district that receives notice that it has been identified as
				  being responsible for the educational costs of a student pursuant to Education
				  Law, section
				  3202(7)(b) may request the
				  commissioner to review such identification by submitting a written statement
				  denying financial responsibility for such child within 20 days of its receipt
				  of such notice. Such statement shall be in a form prescribed by the
				  commissioner, shall state the reason for denying financial responsibility and
				  shall be accompanied by any documentation available to the school district
				  concerning the actual residence of the student. The commissioner may request
				  that the correctional facility in which the student was incarcerated provide
				  such additional information concerning the actual residence of the student as
				  the commissioner may require and which is available.
(b) Determination of school district
				  responsibility.
(1) If the commissioner finds
				  that the school district seeking review pursuant to subdivision (a) of this
				  section is financially responsible for the student, the commissioner shall
				  notify such school district of such finding and the basis upon which it was
				  made.
(2) If the commissioner
				  determines that there is reasonable cause to believe that a school district
				  other than the district seeking review is financially responsible for educating
				  the student, the commissioner shall notify such other school district of such
				  finding and shall afford such other school district with the opportunity to
				  submit a written statement denying financial responsibility in accordance with
				  subdivision (a) of this section. After review of all the information available,
				  the commissioner shall make a final determination of the identity of the school
				  district responsible for the educational costs of the student, if any, and
				  shall notify the school districts affected of such determination and the basis
				  therefor.
(3) If the commissioner
				  finds that an incarcerated student had no residence in this State at the time
				  of his or her commitment to custody, a determination that there is no school
				  district contribution for such student shall be made.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.3 - Charter school reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
No later than the first day of August of each year, each
					 charter school shall submit to the Board of Regents and to the charter entity
					 an annual report for the preceding school year, which shall include a charter
					 school report card comprising the data set forth in subdivisions (a)-(d) of
					 this section.
(a) Basic school
				  information, forms and records. Each charter school shall report to the
				  commissioner, in a time and format prescribed by the commissioner, basic school
				  information data, including but not limited to the data required of other
				  public schools, required by Federal law or regulation, and any other data
				  elements prescribed by the commissioner.
(b) Student and staff data. Each charter
				  school shall report to the commissioner the following data at a time and in a
				  format prescribed by the commissioner:
(1)
				  student enrollment by grade, gender, and race/ethnicity, and other subgroup
				  populations as defined by the Department;
(2) data on students by district of
				  residence;
(3) professional
				  qualifications of each teacher, classes taught by each teacher, and any other
				  staff data elements required for state and federal reporting purposes, data
				  required by section
				  80-1.9 
				  of this Chapter, and other such data as prescribed by the
				  commissioner;
(4) data concerning
				  students with limited English proficiency;
(5) the number of students identified as
				  eligible for free- and reduced-lunches;
(6) data on technological and media
				  resources;
(7) student attendance
				  and suspension data; and
(8) any
				  additional information prescribed by the commissioner comparable to the data
				  required of the public schools or required by Federal or State law or
				  regulation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.4 - Hearings prior to the issuance, revision, or renewal of a charter school pursuant to Education Law section 2857(1)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days of initially receiving
				  notice of the receipt of an application for the formation of a new charter
				  school, of an application for the renewal of an existing charter school, or of
				  a charter school's request to revise its existing charter, the school district
				  in which the charter school is located shall hold a public hearing to solicit
				  comments from the community in connection with the foregoing. Such hearing
				  shall be held within the community potentially impacted by the proposed action
				  or charter school. When a revision involves the relocation of a charter school
				  to a different school district, the proposed new school district shall also
				  hold a hearing within such 30-day period. The school district shall, at the
				  time of its dissemination, provide the State Education Department with a copy
				  of the public hearing notice. The school district shall, no later than the
				  business day next following the hearing, provide written confirmation to both
				  the charter school's charter entity and the State Education Department that the
				  hearing was held, along with the date and time of the hearing. In addition,
				  such school district shall submit copies of any and all written records or
				  comments generated from the hearing to the charter school's charter entity and
				  the State Education Department within 15 business days of the
				  hearing.
(b) Notwithstanding
				  subdivision (a) of this section due to the State of emergency declared by the
				  Governor pursuant to an Executive Order for the COVID-19 crisis, any public
				  hearing required to be conducted on or after the effective date of this
				  subdivision during the 2020 calendar year shall be conducted by September 30,
				  2020 or within the 30 day period described in subdivision (a) of this section,
				  whichever is later. Provided, further, that such public hearings may be held
				  remotely by telephone conference, video conference, and/or other similar
				  service, and that public comments shall be solicited and accepted either
				  electronically or by mail. In addition, such school district shall submit
				  copies of any and all written records or comments generated from the hearing to
				  the charter school's charter entity and the State Education Department within
				  15 business days of the hearing.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.5 - Random selection process for charter school student applicants

Current through Register Vol. 46, No. 28, July 10, 2024
If the number of timely submitted applications of eligible
					 students for admission to a charter school exceeds the capacity of the grade
					 level of a charter school (or building if the school does not distinguish
					 between grades), students shall be accepted for admission from among such
					 applicants by a random selection process (lottery) pursuant to the requirements
					 of this section.
(a) Preferences.
(1) Notwithstanding the provisions of this
				  section, a charter school shall provide an enrollment preference to:
(i) pupils returning to the charter school in
				  the second or any subsequent year of operation;
(ii) pupils residing in the school district
				  in which the charter school is located, or in the case of the City School
				  District of the City of New York, pupils residing in the community school
				  district in which the charter school is located; and
(iii) siblings of pupils already enrolled in
				  the charter school.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 119 - Charter Schools › Section 119.7 - Renewal of charters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applicability. The provisions of this section shall apply to applications for
				  the renewal of a charter pursuant to Education Law section 2851(4) that are
				  submitted by charter schools for which the Board of Regents is the charter
				  entity.
(b) Charter school
				  obligations.
(1) The board of trustees of the
				  charter school shall submit an application for charter renewal to the Board of
				  Regents in a format and pursuant to a timeline prescribed by the commissioner,
				  consistent with Education Law section 2851(4).
(2) The board of trustees shall also submit
				  such additional material or information as may be requested by the State
				  Education Department.
(3) Where
				  applicable, the charter school shall comply with the notification and
				  submission requirements in paragraph (d)(3) of this section.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 120 - School Choice and Supplemental Educational Service Providers › Section 120.2 - Supplemental educational services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. As used in this section:
(1) approved provider shall mean a provider
				  approved by the commissioner pursuant to the provisions of this section for
				  purposes of inclusion on the State Education Department's list of approved
				  supplemental educational services providers;
(2) eligible applicant shall mean a local
				  educational agency or a non-profit entity or a for-profit entity authorized to
				  provide the proposed services in New York State, including, but not limited to,
				  a charter school, nonpublic school, board of cooperative educational services
				  or county vocational education and extension board;
(3) eligible student shall mean an eligible
				  child, as defined in section 1116(e)(12)(A) of the NCLB,  20 U.S.C. section 6316(e)(12)(A)  who is entitled to receive supplemental educational services,
				  subject to the provisions of section 1116(b)(10)(C) of the NCLB,  20 U.S.C. section 6316(b)(10)(C)  (Public Law, section 107-110, sections 1116[e][12][A]
				  and 1116[b][10][C], 115 STAT. 1494 and 115 STAT. 1486; Superintendent of
				  Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002;
				  available at the Office of Counsel, State Education Building, Room 148, Albany,
				  NY 12234), and who attends a title I priority or focus school;
(4) academic year shall mean the period
				  commencing on September 1st and ending on August 31st the next succeeding
				  calendar year; and
(5) supplemental
				  educational services shall have the same meaning as set forth in section
				  1116(e)(12)(C) of the NCLB,  20 U.S.C. section 6316(e)(12)(C)  (Public Law,
				  section 107-110, section 1116[e][12][C], 115 STAT. 1494; Superintendent of
				  Documents, U.S. Government Printing Office, Washington, DC 20402-9328; 2002;
				  available at the Office of Counsel, State Education Building, Room 148, Albany,
				  NY 12234).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.2 - Educational Agency Data Collection Transparency and Restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Educational agencies shall not sell
				  personally identifiable information nor use or disclose it for any marketing or
				  commercial purpose or facilitate its use or disclosure by any other party for
				  any marketing or commercial purpose or permit another party to do so.
(b) Each educational agency shall take steps
				  to minimize its collection, processing and transmission of personally
				  identifiable information.
(c) Each
				  educational agency shall ensure that it has provisions in its contracts with
				  third party contractors or in separate data sharing and confidentiality
				  agreements that require the confidentiality of shared student data or teacher
				  or principal data be maintained in accordance with federal and state law and
				  the educational agency's data security and privacy policy.
(d) Except as required by law or in the case
				  of educational enrollment data, school districts shall not report to the
				  department the following student data elements:
(1) juvenile delinquency records;
(2) criminal records;
(3) medical and health records; and
(4) student biometric information.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.3 - Bill of Rights for Data Privacy and Security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each educational agency shall publish on
				  its website a parents bill of rights for data privacy and security ("bill of
				  rights") that complies with the provisions of Education Law §
										2-d(3).
(b) The bill of rights shall also be included
				  with every contract an educational agency enters with a third-party contractor
				  that receives personally identifiable information.
(c) The bill of rights shall also include
				  supplemental information for each contract the educational agency enters into
				  with a third-party contractor where the third-party contractor receives student
				  data or teacher or principal data. The supplemental information must be
				  developed by the educational agency and include the following information:
(1) the exclusive purposes for which the
				  student data or teacher or principal data will be used by the third-party
				  contractor, as defined in the contract;
(2) how the third-party contractor will
				  ensure that the subcontractors, or other authorized persons or entities to whom
				  the third-party contractor will disclose the student data or teacher or
				  principal data, if any, will abide by all applicable data protection and
				  security requirements, including but not limited to those outlined in
				  applicable state and federal laws and regulations (e.g., FERPA; Education Law §
											2-d);
(3) the duration of the contract, including
				  the contract's expiration date and a description of what will happen to the
				  student data or teacher or principal data upon expiration of the contract or
				  other written agreement (e.g., whether, when and in what format it will be
				  returned to the educational agency, and/or whether, when and how the data will
				  be destroyed).
(4) if and how a
				  parent, student, eligible student, teacher or principal may challenge the
				  accuracy of the student data or teacher or principal data that is
				  collected;
(5) where the student
				  data or teacher or principal data will be stored, described in such a manner as
				  to protect data security, and the security protections taken to ensure such
				  data will be protected and data security and privacy risks mitigated;
				  and
(6) address how the data will
				  be protected using encryption while in motion and at rest.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.4 - Complaints of Breach or Unauthorized Release of Personally identifiable Information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  educational agency must establish and communicate to parents, eligible
				  students, teachers, principals or other staff of an educational agency, its
				  procedures for them to file complaints about breaches or unauthorized releases
				  of student data and/or teacher or principal data.
(b) The complaint procedures must require
				  educational agencies to promptly acknowledge receipt of complaints, commence an
				  investigation, and take the necessary precautions to protect personally
				  identifiable information.
(c)
				  Following its investigation of a submitted complaint, the educational agency
				  shall provide the parent or eligible student, teacher, principal or any other
				  staff member of the educational agency who filed a complaint with its findings
				  within a reasonable period but no more than 60 calendar days from the receipt
				  of the complaint by the educational agency. Where the educational agency
				  requires additional time, or where the response may compromise security or
				  impede a law enforcement investigation, the educational agency shall provide
				  the parent, eligible student, teacher, principal or any other staff member of
				  the educational agency who filed a complaint with a written explanation that
				  includes the approximate date when the educational agency anticipates that it
				  will respond to the complaint.
(d)
				  Educational agencies may require complaints to be submitted in
				  writing.
(e) Educational agencies
				  must maintain a record of all complaints of breaches or unauthorized releases
				  of student data and their disposition in accordance with applicable data
				  retention policies, including the Records Retention and Disposition Schedule
				  ED-1 (1988; rev. 2004), as set forth in section
				  185.12,
				  Appendix I of this Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.5 - Data Security and Privacy Standard

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
				  required by Education Law §
										2-d(5), the Department
				  adopts the National Institute for Standards and Technology Framework for
				  Improving Critical Infrastructure Cybersecurity Version 1.1 (NIST Cybersecurity
				  Framework or NIST CSF) as the standard for data security and privacy for
				  educational agencies.
(b) Each
				  educational agency shall adopt and publish a data security and privacy policy
				  that implements the requirements of this Part and aligns with the NIST CSF no
				  later than October 1, 2020.
(c)
				  Each educational agency's data security and privacy policy must also address
				  the data privacy protections set forth in Education Law §
										2-d(5) (b)(1) and (2) as
				  follows:
(1) every use and disclosure of
				  personally identifiable information by the educational agency shall benefit
				  students and the educational agency (e.g., improve academic achievement,
				  empower parents and students with information, and/or advance efficient and
				  effective school operations).
(2)
				  personally identifiable information shall not be included in public reports or
				  other documents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.6 - Data Security and Privacy Plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  educational agency that enters into a contract with a third-party contractor
				  shall ensure that the contract includes the third-party contractor's data
				  security and privacy plan that is accepted by the educational agency. The data
				  security and privacy plan shall, at a minimum:
(1) outline how the third-party contractor
				  will implement all state, federal, and local data security and privacy contract
				  requirements over the life of the contract, consistent with the educational
				  agency's data security and privacy policy;
(2) specify the administrative, operational
				  and technical safeguards and practices it has in place to protect personally
				  identifiable information that it will receive under the contract;
(3) demonstrate that it complies with the
				  requirements of Section 121.3(c)  of this Part;
(4) specify how Officers or employees of the
				  third-party contractor and its assignees who have access to student data, or
				  teacher or principal data receive or will receive training on the federal and
				  state laws governing confidentiality of such data prior to receiving
				  access;
(5) specify if the
				  third-party contractor will utilize sub-contractors and how it will manage
				  those relationships and contracts to ensure personally identifiable information
				  is protected;
(6) specify how the
				  third-party contractor will manage data security and privacy incidents that
				  implicate personally identifiable information including specifying any plans to
				  identify breaches and unauthorized disclosures, and to promptly notify the
				  educational agency;
(7) describe
				  whether, how and when data will be returned to the educational agency,
				  transitioned to a successor contractor, at the educational agency's option and
				  direction, deleted or destroyed by the third-party contractor when the contract
				  is terminated or expires.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.7 - Training for Educational Agency Employees

Current through Register Vol. 46, No. 28, July 10, 2024
Educational agencies shall annually provide data privacy
					 and security awareness training to their Officers and employees with access to
					 personally identifiable information. Such training should include but not be
					 limited to training on the state and federal laws that protect personally
					 identifiable information, and how employees can comply with such laws. Such
					 training may be delivered using online training tools and may be included as
					 part of training the educational agency already offers to its
					 workforce.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.8 - Educational Agency Data Protection Officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each educational agency shall designate a
				  Data Protection Officer to be responsible for the implementation of the
				  policies and procedures required in Education Law §
										2-d and this Part, and to serve as the point
				  of contact for data security and privacy for the educational agency.
(b) Data Protection Officers must have the
				  appropriate knowledge, training and experience to administer the functions
				  described in this Part.
(c) A
				  current employee of an educational agency may perform this function in addition
				  to other job responsibilities.