reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-1 - Nonpublic Institutions › Section 152-1.9 - Tuition assistance

Current through Register Vol. 46, No. 28, July 10, 2024
An institution may apply for and award tuition assistance
						for students enrolled in higher education opportunity programs under the
						provisions of section 6451  of the Education Law. Institutions
						shall not be reimbursed for more than 50 percent of the tuition charged for the
						academic program related to the student's program of study.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-2 - Public Institutions › Section 152-2.1 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
New York State residents are eligible to receive the
						benefits of provisions under section 6452 if they are graduates of an approved
						high school or have obtained a New York State high school equivalency diploma
						or its equivalent. The equivalent of the general equivalency diploma is defined
						as being one of the following:
(a) An
					 armed forces equivalency diploma with a minimum score of 35 on each test
					 section and a minimum composite score of 225.
(b) A level of knowledge and academic ability
					 equal to the level required by the education opportunity program at the
					 institution to which a person seeks admission.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-3 - Foster Youth College Success Initiative › Section 152-3.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the Foster Youth College Success
						Initiative is to provide funding, subject to an appropriation for such purpose,
						to support services to assist youth in foster care to apply for, enroll in, and
						succeed in college.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-3 - Foster Youth College Success Initiative › Section 152-3.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this section,
foster
						youth
shall mean students who have qualified as an orphan, foster
						child, or ward of the court for the purposes of Federal student financial aid
						programs authorized by title IV of the Higher Education Act of 1965, as
						amended.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-3 - Foster Youth College Success Initiative › Section 152-3.3 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
					 applicants. Institutions of the State University of New York ("SUNY"), City
					 University of New York ("CUNY"), and degree-granting institutions in New York
					 that are currently funded by the Arthur O. Eve Higher Education Opportunity
					 Program pursuant to section 6451  of the Education Law for the purposes
					 of providing additional services and expenses to expand opportunities for
					 foster youth may apply for funding pursuant to this Section.
(b) Applications shall be submitted to the
					 Commissioner, on forms prescribed by the Commissioner, for approval by October
					 1 of each year,
and must set forth the need for such funds, including how
						the funds would be used and the exact number of foster youth that would be
						assisted with such funds.
(c) Applications from institutions of the
					 State University of New York shall be coordinated through the SUNY System
					 Administration and forwarded to the Department for review and approval by the
					 Commissioner. Applications from institutions in the City University of New York
					 system shall be coordinated through the CUNY Central Administration and
					 forwarded to the Department for review and approval by the Commissioner. Other
					 applications from eligible applicants as set forth in this section shall be
					 submitted directly by the institution to the Department for review and approval
					 by the Commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-3 - Foster Youth College Success Initiative › Section 152-3.4 - Funding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Funds
					 appropriated for the purposes of this initiative shall be awarded in equal
					 amounts per foster youth to each institution whose application is approved by
					 the Commissioner; pursuant to the sector distribution described in subdivision
					 (b) of this section.
(b) Funds
					 appropriated for the foster care youth initiative shall be allocated among the
					 sectors as follows:
(1) 52% for institutions
					 in the SUNY system;
(2) 30% for
					 institutions in the CUNY system; and
(3) 18% for other degree-granting
					 institutions in New York with current Arthur O. Eve higher education
					 opportunity programs under this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 152 - Higher Educational Opportunity Programs › Subpart 152-3 - Foster Youth College Success Initiative › Section 152-3.5 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Each institution that receives funds under this Subpart
						shall file an annual report by August 31 of the calendar year succeeding the
						year of its successful application for funding using a form prescribed by the
						Department, and/or within 30 days of any request by the Department, providing
						any information or documentation as the Commissioner may request relating to
						this initiative.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 153 - Special Apportionment For School-community Interaction Umbrella Programs In The 1973-74 School Year › Section 153.1 - Scope of the part

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement a provision of
					 chapter 1 of the Laws of 1974, to provide financial assistance to the City
					 School District of the City of New York during the 1973-74 school year for the
					 continuation of three school-community interaction umbrella programs, known as
					 "Umbrella 2-- Curriculum and Teacher Growth", "Umbrella 4--Basic Skills" and
					 "Umbrella 5-- Communications", and their components, subject to regulations
					 promulgated by the Commissioner of Education and the board of education of such
					 school district. Funds appropriated by the Legislature for the purposes of this
					 Part shall be apportioned to such school district in accordance with the
					 provisions of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 153 - Special Apportionment For School-community Interaction Umbrella Programs In The 1973-74 School Year › Section 153.2 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Board of Education of the City School District of the City of New York shall
				  file with the department on or before April 30, 1974, a copy of rules and
				  regulations which have been promulgated by such board, or promulgated by the
				  chancellor and approved by such board, concerning the operation of such
				  umbrella programs. Such rules and regulations shall include; but not be limited
				  to:
(1) the scope and sequence of
				  programs;
(2) administration and
				  supervision of such programs;
(3)
				  fiscal controls and auditing procedures;
(4) program evaluation;
(5) program monitoring;
(6) employee qualifications and salary
				  levels;
(7) program accountability
				  and reporting;
(8) management and
				  administrative organization.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 153 - Special Apportionment For School-community Interaction Umbrella Programs In The 1973-74 School Year › Section 153.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
The board of education of the city school district of the
					 City of New York shall submit to the department at the time reimbursement for
					 expenditures in connection with such programs is sought, a written statement
					 which certifies that such programs were implemented and operated in compliance
					 with the provisions of all applicable rules and regulations of such board of
					 education, the rules of the Board of Regents and regulations of the
					 Commissioner of Education and the Education Law. Such board shall also submit
					 to the department a statement of expenditures, in accordance with standard
					 accounting procedures, which clearly indicates that all funds for which
					 reimbursement is sought have been obligated.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 153 - Special Apportionment For School-community Interaction Umbrella Programs In The 1973-74 School Year › Section 153.4 - 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 I - Scholarships and Grants › Part 153 - Special Apportionment For School-community Interaction Umbrella Programs In The 1973-74 School Year › Section 153.5 to 153.7 - 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 I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-1 - SERVICES FOR PUPILS WITH LIMITED ENGLISH PROFICIENCY FOR PROGRAMS OPERATED PRIOR TO THE 2015-2016 SCHOOL YEAR › Section 154-1.1 - Scope and applicability of Subpart

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish standards for
						school districts having students with limited English proficiency (hereinafter
						"English language learners") to assure that such students are provided
						opportunities to achieve the same educational goals and standards that have
						been established by the Board of Regents for all students. In accordance with
						the provisions of this Subpart, each school district shall provide English
						language learners equal access to all school programs and services offered by
						the district, commensurate with the student's age and grade level, including
						access to programs required for graduation. The provisions of this Subpart
						shall apply to programs operated beginning with the 2007-2008 school year and
						prior to the 2015-2016 school year, except as otherwise provided in this
						Subpart. Notwithstanding the provisions of this Subpart, a school district that
						operates such program may choose to implement one or more provisions of Subpart
						154-2 in the 2014-2015 school year, provided that such district submits to the
						commissioner for approval a plan in such format and pursuant to such timeline
						as the commissioner may prescribe and that such plan indicates which provisions
						of each Subpart will be implemented in the 2014-2015 school
						year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-1 - SERVICES FOR PUPILS WITH LIMITED ENGLISH PROFICIENCY FOR PROGRAMS OPERATED PRIOR TO THE 2015-2016 SCHOOL YEAR › Section 154-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart:
(a) Pupils with limited
English
					 proficiency
(or
English language learners
) shall mean
					 students who by reason of foreign birth or ancestry, speak a language other
					 than English and:
(1) either understand and
					 speak little or no English; or
(2)
					 score below a State designated level of proficiency, on the Language assessment
					 battery-revised (LAB-R) prior to February 1, 2014, or on the New York State
					 identification test for English language learners (NYSITELL) commencing
					 February 1, 2014 and thereafter, or on the New York State English as a second
					 language achievement test (NYSESLAT); provided, however, that no student shall
					 be served in a bilingual or English as a second language education program
					 pursuant to this Subpart for a period in excess of three years from the date of
					 enrollment in school unless such period is extended by the commissioner with
					 respect to an individual student in accordance with the provisions of
					 subdivision 2 of section 3204  of the Education Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-1 - SERVICES FOR PUPILS WITH LIMITED ENGLISH PROFICIENCY FOR PROGRAMS OPERATED PRIOR TO THE 2015-2016 SCHOOL YEAR › Section 154-1.3 - School district responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
All English language learners shall be entitled to
						receive services in accordance with subdivisions 2 and 2-a of section 3204  of the Education Law.
(a) Each school district receiving total
					 foundation aid, including each community school district of the City of New
					 York, shall develop a comprehensive plan to meet the educational needs of
					 students who are English language learners. Such plan shall be kept on file in
					 the district and made available for department review upon request of the
					 department. The plan shall include:
(1) the
					 district's philosophy for the education of such students;
(2) administrative practices and procedures
					 to:
(i) diagnostically screen students who
					 are English language learners pursuant to Part 117 of this Title;
(ii) identify such students who are English
					 language learners;
(iii) annually
					 evaluate each such student including each such student's performance in content
					 areas to measure the student's academic progress;
(3) a description of the nature and scope of
					 the bilingual and/or English as a second language instructional program and
					 services available to students who are English language learners;
(4) a description of the criteria used by the
					 district to place students who are English language learners in appropriate
					 bilingual or free-standing English as a second language programs;
(5) a description by building of the
					 curricular and extracurricular services provided to students who are English
					 language learners;
(6) a
					 description of the district and school level procedures for the management of
					 the program, including staffing, site selection, parental notification,
					 coordination of funds, training and program planning.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-2 - Services for English Language Learners for Programs Operated in the 2015-2016 School Year and Thereafter › Section 154-2.1 - Scope of Subpart and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of this Subpart is to
					 establish standards for school districts having students with limited English
					 proficiency (hereinafter, English language learners) to assure that such
					 students are provided opportunities to achieve the same educational goals and
					 standards that have been established by the Board of Regents for all students.
					 In accordance with the provisions of this Part, each school district shall
					 provide English language learners equal access to all school programs and
					 services offered by the school district, commensurate with the student's age
					 and grade level, including access to programs required for graduation. In
					 addition, in accordance with this Part, each school district shall provide
					 English language learners with bilingual education or English as a new language
					 (formerly, English as a second language) programs. The provisions of this
					 Subpart shall apply to programs operated beginning with the 2015-2016 school
					 year, except as otherwise provided in this Part.
(b) In order to meet the civil rights
					 requirements applicable to public schools, charter schools shall either
					 implement the provisions of this Part or an alternative language instruction
					 educational program based on scientifically based research and approved by
					 their charter entity.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-2 - Services for English Language Learners for Programs Operated in the 2015-2016 School Year and Thereafter › Section 154-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart and Subpart 154-3 of this
						Part:
(a)
Annual English
					 language proficiency assessment
shall mean the process followed to
					 annually assess the English language proficiency of an English language learner
					 using such assessments as determined by the commissioner. Such assessments
					 shall be among the criteria used to determine if a student continues to be
					 classified as an English language learner.
(b)
Bilingual education
					 program
shall mean a research-based program comprised of three
					 components:
(1) a language arts instruction
					 component, including home language arts and English language arts;
(2) an English as a new language component;
					 and
(3) a bilingual content area
					 instructional component (including all bilingual content areas,
i.e.
, math, science, and social studies, depending on the
					 bilingual education program model and the student's level of English language
					 development, but must at a minimum include at least two bilingual core content
					 areas,
i.e.
, math, science, and social
					 studies).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-2 - Services for English Language Learners for Programs Operated in the 2015-2016 School Year and Thereafter › Section 154-2.4 - School district assurances and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Assurances.
Prior to the start of each school year, each school
						district shall submit to the commissioner the following assurances, signed by
						the superintendent or his or her designee and in a form and by a date specified
						by the commissioner:
(1) English
					 language learners have access to appropriate instructional and support
					 services, including guidance programs pursuant to section
					 100.2(i) 
					 of this Title;
(2) English language
					 learners have equal opportunities to participate in all school programs and
					 extracurricular activities as non-English language learners;
(3) English language learners are offered
					 bilingual education and/or English as a new language programs, as required by
					 section
					 154-2.3(h) 
					 of this Subpart;
(4) the district
					 provides the requisite number of bilingual education programs as prescribed in
					 section
					 154-2.3(d) 
					 of this Subpart, or has received a one-year exemption under section
					 154-2.3(d) 
					 of this Subpart and is actively recruiting qualified staff for such
					 programs;
(5) parents or other
					 persons in parental relation of English language learners receive orientation
					 and notification about program types, as prescribed in section
					 154-2.3(f) 
					 of this Subpart;
(6) English
					 language learners are given the requisite amount of English as a new language
					 and home language arts instruction as prescribed in section
					 154-2.3(h) 
					 of this Subpart;
(7) teachers in
					 the district's bilingual education and English as a new language programs are
					 appropriately certified pursuant to Part 80 of this Title;
(8) teachers of English language learners
					 receive the requisite number of in-service professional learning, as prescribed
					 in section
					 154-2.3(k) 
					 of this Subpart and Part 80 of this Title;
(9) the district will comply with the
					 requirements of this Part and the provisions of the Education Law governing
					 programs for students designated as English language learners;
(10) the programs for English language
					 learners will be administered in accordance with applicable Federal and State
					 law and regulations and the district's comprehensive plan as described in
					 subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-3 - IDENTIFICATION AND EXIT PROCEDURES FOR STUDENTS WITH DISABILITIES FOR ENGLISH LANGUAGE LEARNER PROGRAMS OPERATED IN THE 2015-2016 SCHOOL YEAR AND THEREAFTER › Section 154-3.1 - Scope of Subpart and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart shall apply to students
						with disabilities who are subject to the initial and reentry process and
						determination of English proficiency pursuant to section
						154-2.3(a) 
						of this Part and the exit procedures pursuant to section
						154-2.3(m) 
						of this Part in programs operated beginning with the 2015-2016 school year and
						thereafter. Except as otherwise provided in this Subpart. all other provisions
						of Subpart 154-2 of this Part shall apply to students with disabilities who are
						English Language Learners in programs operated beginning with the 2015-2016
						school year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-3 - IDENTIFICATION AND EXIT PROCEDURES FOR STUDENTS WITH DISABILITIES FOR ENGLISH LANGUAGE LEARNER PROGRAMS OPERATED IN THE 2015-2016 SCHOOL YEAR AND THEREAFTER › Section 154-3.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Language Proficiency Team (LPT)
shall
						mean a committee that makes a recommendation regarding the initial assessment
						of English Language Learner status for a student with a disability. The LPT
						shall be minimally comprised of a school/district administrator; a teacher or
						related service provider with a bilingual extension and/or a teacher of English
						to Speakers of Other Languages. certified pursuant to Part 80 of this Title;
						the director of special education or individual in a comparable title (or his
						or her designee); and the student's parent or person in parental relation. A
						qualified interpreter or translator of the language or mode of communication
						the parent or person in parental relation best understands, as defined in
						section
						154-2.2(t) 
						of this Part, shall be present at each meeting of the LPT.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter I - Scholarships and Grants › Part 154 - Services for Pupils with Limited English Proficiency › Subpart 154-3 - IDENTIFICATION AND EXIT PROCEDURES FOR STUDENTS WITH DISABILITIES FOR ENGLISH LANGUAGE LEARNER PROGRAMS OPERATED IN THE 2015-2016 SCHOOL YEAR AND THEREAFTER › Section 154-3.4 - Exit Criteria for Students with Disabilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each school district will annually
					 determine if a student with a disability who has been identified as an English
					 Language Learner pursuant to section
					 154-3.3 
					 of this Subpart will continue to be identified as an English Language
					 Learner.
(b) Following the initial
					 identification of a student with a disability as an English Language Learner,
					 the CSE shall annually make an individual determination as to which of the
					 following methods of assessment shall be used to determine if such student will
					 continue to be identified as an English Language Learner:
(1) the annual English language proficiency
					 assessment without the use of testing accommodations; or
(2) the annual English language proficiency
					 assessment with appropriate testing accommodations to be provided in accordance
					 with the individualized education program (lEP) developed for such student
					 pursuant to Part 200 of this Title; or
(3) an alternate assessment as may be
					 prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.7 - Health and safety in existing educational facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities in school districts, other than city school
					 districts in cities having 125,000 inhabitants or more, shall meet the
					 following requirements and, in particular instances, such other requirements as
					 may be deemed necessary by the commissioner to insure the health and safety and
					 accident protection of occupants.
(a)
				  Exits.
(1) There shall be at least two means
				  of egress remote from each other, leading from each floor occupied by pupils,
				  including basements.
(i) When pupils enter
				  into a corridor, there shall be a choice of two unobstructed means of egress in
				  different directions.
(ii)
				  Handrails shall be provided on at least one side of stairways, and on both
				  sides of stairways 88 inches or more in width.
(iii) There shall be no storage under any
				  stairs or landings unless the enclosure is of approved fire-resistant
				  construction.
(iv) Provision of
				  fire escapes of approved design may be required where other exits are
				  determined to be inadequate for fire safety.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.8 - Fire and building safety inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All buildings which are owned, operated
				  or leased by a public school district or board of cooperative educational
				  services shall be inspected for fire safety at least once annually, pursuant to
				  a schedule determined by the commissioner, or at any other time deemed
				  necessary by the commissioner. Any cost of such inspection shall be borne by
				  the school district or board of cooperative educational services.
(b) All inspections shall be performed,
				  within a period of time determined by the commissioner, by an inspector who is
				  qualified pursuant to procedures established by the State Fire Administrator.
				  The report of the inspection shall be on a form supplied by the
				  commissioner.
(c) Any violation of
				  the State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219
				  through 1229) or of this Part shall be corrected immediately unless it is
				  impracticable to do so. Violations which are not corrected immediately shall be
				  corrected within a period of time approved by the commissioner.
(d) Where a board of education or board of
				  cooperative educational services is required to convene meetings pursuant to
				  section 807-a (5)(e)  of the
				  Education Law, the board shall:
(1) review
				  each nonconformance with the requirements of section
				  155.4 
				  of this Part or of 19 NYCRR Part 1225 recorded on the report during the fire
				  inspection;
(2) identify all such
				  nonconformances which have not been corrected by the date of the meeting;
				  and
(3) adopt a plan, in a form
				  prescribed by the commissioner, for correcting all such
				  nonconformances.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.9 - Environmental quality review

Current through Register Vol. 46, No. 28, July 10, 2024
School districts shall follow the procedures in 6 NYCRR
					 Part 617 in connection with any action proposed by such districts which
					 requires approval of the commissioner pursuant to Education Law, sections
					 408 and 1950. A s used in this section,
					 school district shall mean any school district, other than school districts in
					 cities having one million inhabitants or more, and any board of cooperative
					 educational services.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.10 - School swimming pools

Current through Register Vol. 46, No. 28, July 10, 2024
Use of school swimming pools shall at all times be under
					 the personal supervision of a lifeguard possessing, as a minimum qualification,
					 a current senior lifesaving certificate from the American National Red Cross or
					 a equivalent certifying agency approved by the State Commissioner of
					 Health.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.11 - Acquisition of existing buildings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any existing school building or school
				  buildings shall be appraised as school buildings, and the land on which they
				  are situated shall be appraised as school sites by the State Board of
				  Equalization and Assessment.
(b)
				  The value of any existing building not used for school purposes shall be
				  determined by referring to the assessment roll or rolls on which the property
				  is located or by an appraisal caused to be made by the board of
				  education.
(c) An estimate shall be
				  made of the cost of any necessary renovation due to the age and condition of
				  the building by an engineer or architect licensed to practice in the State of
				  New York and retained by the school district contemplating the purchase of an
				  existing building.
(d) The combined
				  costs of acquisition and renovation due to the age and condition of the
				  building shall not exceed the cost, estimated by an engineer or architect
				  licensed to practice in the State of New York, to construct a new building
				  having comparable features on a comparable site. Any apportionment for the
				  above acquisition and renovation shall be based on the maximum cost allowance
				  determined in accordance with the provisions of subdivision 6 of section 3602  of the Education Law.
(e) Any proposed renovation of such existing
				  structure shall be undertaken only with the prior approval of the Commissioner
				  of Education and shall comply with applicable provisions of sections
				  155.1 and
				  155.3 
				  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.12 - Lease approval and building aid for leased school buildings and facilities by school districts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions. As used in this section:
(1)
				  Annual lease means a lease of real property, the term of which is no greater
				  than one school year, which terminates no later than June 30th.
(2) Multi-year lease means a lease of real
				  property, the term of which is greater than one school year, which terminates
				  no later than June 30th of any school year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.13 - Apportionment for asbestos projects

Current through Register Vol. 46, No. 28, July 10, 2024
Funds available to public school districts, specifically
					 for the purpose of building projects designed to eliminate asbestos hazards
					 from school facilities, shall be apportioned pursuant to provisions of this
					 section and in accordance with article 9-A of the Education Law, except that
					 school asbestos hazard abatement grants authorized by section 437 of the
					 Education Law, shall be apportioned pursuant to section
					 155.12 
					 of this Part.
(a) Such funds shall be
				  available for projects for which an application, in form and substance as
				  required by the commissioner, is submitted to the Education Department by
				  December 1st of the school year for which such funds are appropriated. Each
				  such application shall include, but shall not be limited to, the following
				  assurances by the board of education of the public school district:
(1) that an imminent health hazard due to the
				  presence of asbestos, as such terms are defined in section 432 of the Education
				  Law, exists;
(2) that the project
				  is designed to remove, contain or encapsulate asbestos;
(3) that, contingent upon approval of the
				  project pursuant to this section, a building project application, including
				  plans and specifications, will be submitted to the Education Department no
				  later than April 1st of the school year for which such funds are
				  appropriated;
(4) that, contingent
				  upon approval of the project pursuant to this section, construction contracts
				  for the project will be signed by the board of education no later than May 1st
				  of the school year for which such funds are appropriated;
(5) that, contingent upon approval of the
				  project pursuant to this section, an interim expenditure report, in a form
				  prescribed by the commissioner, will be submitted to the Education Department
				  upon signing of the construction contract; and
(6) that local funds required to successfully
				  complete the project will be available in a timely manner or, where applicable,
				  that a proposition authorizing the expenditure of funds for such purpose will
				  be submitted to the voters of the school district.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.14 - Leasing of unneeded board of cooperative educational services facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				  section, the term unneeded board of cooperative educational services facilities
				  shall mean any land, classrooms, offices or buildings, or portions thereof,
				  owned by a board of cooperative educational services which such board has
				  determined will not be needed during the term of the proposed lease.
(b) Pursuant to section 1950 (4)(p)  of the
				  Education Law, a board of cooperative educational services may lease unneeded
				  facilities to public or private agencies, individuals, partnerships or
				  corporations with the approval of the commissioner.
(c) In order to obtain approval by the
				  Commissioner of Education to lease unneeded facilities:
(1) the board of cooperative educational
				  services shall file three executed copies of the lease agreement with the
				  commissioner at least 30 days prior to the beginning date of the proposed lease
				  period. Such lease agreement shall include, but need not be limited to:
(i) the amount of rental, which shall not be
				  less than fair market value as determined by the board of cooperative
				  educational services;
(ii) the term
				  of the lease, which shall not exceed five years, and any provisions relating to
				  the renewal of such lease;
(iii) a
				  statement of the operation and maintenance services, if any, to be provided by
				  the board of cooperative educational services for the facility during the term
				  of the lease;
(iv) a requirement
				  that any improvements to the leased property by the tenant be approved by the
				  board of cooperative educational services;
(v) indemnification of the board of
				  cooperative educational services against loss or liability as a result of a
				  tenant's occupancy of a leased facility;
(vi) a statement that such lease agreement
				  will not become effective until approved by the Commissioner of Education;
				  and
(vii) any other clauses or
				  appendices which the Commissioner of Education deems to be in the best interest
				  of the board of cooperative educational services.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.15 - Leases and contracts for the use of property by boards of cooperative educational services

Current through Register Vol. 46, No. 28, July 10, 2024
Education Law, § 1950
(a)
Definitions.
As used in this section:
(1)
Property
means land,
				  classrooms, offices, buildings and other specialized facilities.
(2)
Original lease
means the
				  initial agreement between the board and a landlord for the use of real
				  property.
(3)
Annual
				  lease
means a lease of real property, the term of which is no greater
				  than one school year, which terminates no later than June 30th.
(4)
Specialized facilities
means those facilities defined in section 1950 (4)(p)(a)(4)  of the
				  Education Law.
(5)
Contract
means an agreement entered into by the board for the
				  use of personal property constructed, altered or improved for the educational
				  program of administrative purposes of the board.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.16 - School asbestos hazard grant program

Current through Register Vol. 46, No. 28, July 10, 2024
School asbestos hazard grants shall be awarded in
					 accordance with the provisions of section 437 of the Education Law, and this
					 section.
(a) Public school districts,
				  boards of cooperative educational services and those nonpublic schools which
				  provide instruction substantially equivalent to that provided in the public
				  schools may submit grant applications for the approval of the
				  commissioner.
(b) Grant
				  applications shall be in the form prescribed by the commissioner, and shall be
				  filed with the commissioner no later than December 1st of the school year in
				  which the grant is to be awarded. Such application shall include the following
				  assurances by the governing body of the school district, BOCES or nonpublic
				  school applying for a school asbestos hazard grant:
(1) that an imminent hazard to health due to
				  the presence of asbestos, as such terms are defined in section 432 of the
				  Education Law, exists;
(2) that
				  grant funds received will be used exclusively for the abatement of asbestos
				  hazards;
(3) for school district
				  and BOCES applicants only, that, contingent upon approval of the grant
				  application pursuant to this section, a building project application, including
				  plans and specifications, will be submitted to the Education Department no
				  later than April 1st of the school year in which the grant is to be
				  awarded;
(4) for nonpublic school
				  applicants only, that, contingent upon approval of the grant application
				  pursuant to this section, copies of building permits issued for the project by
				  the appropriate authority, or equivalent documentation satisfactory to the
				  commissioner, will be submitted to the Education Department no later than April
				  1st of the school year in which the grant is to be awarded;
(5) that contingent upon approval of the
				  grant application pursuant to this section, construction contracts for the
				  project will be executed on behalf of the governing body of the applicant no
				  later than May 1st of the school year in which the grant is to be
				  awarded;
(6) that contingent upon
				  approval of the grant application pursuant to this section, all reports
				  required pursuant to subdivision (f) of this section will be submitted to the
				  Education Department in a timely manner; and
(7) that the local funds required to
				  successfully complete the project will be available in a timely manner, or,
				  where applicable, that a proposition authorizing the expenditure of funds for
				  such purpose will be submitted to the voters of the school district.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.18 - Aid for asbestos inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. Each school district, board of
				  cooperative educational services (BOCES), and nonpublic school as defined in
				  this section, may submit a claim for aid for approved expenses for asbestos
				  inspections incurred on or after January 1, 1988 and prior to July 1, 1989,
				  pursuant to the provisions of sections 15 and 16 of chapter 262 of the Laws of
				  1988.
(b) Definitions. For the
				  purpose of this section:
(1) Nonpublic school
				  shall mean a nonprofit, nonpublic elementary or secondary school which, by
				  September 1, 1989, has submitted the claim form required pursuant to this
				  section, and which establishes to the satisfaction of the commissioner that it
				  provides instruction to pupils in accordance with Education Law, section
				  3204.
(2) Approved expenditures for asbestos
				  inspections shall mean cash expenditures approved by the commissioner for
				  asbestos inspections and expenses related to such expenses as defined in
				  subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of
				  1988.
(3) Instructional space shall
				  mean space in which teachers or other professional staff meet with students for
				  purposes of providing instruction or professional services, including service-
				  related spaces such as, but not limited to boiler rooms, hallways, means of
				  egress, toilets, cafeterias, as approved by the commissioner; provided that
				  such term shall not include vacant facilities, dormitories, dwellings, public
				  libraries and other facilities for which the primary use is administrative,
				  storage, maintenance, bus and motor vehicle storage and/or maintenance or
				  repair.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter J - Buildings And Transportation › Part 155 - Educational Facilities › Section 155.19 - Extraordinary school capital needs program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Allowable expenses for repairs that may
				  be used to calculate the apportionment of extraordinary school capital needs
				  aid pursuant to sections 1 and 2 of chapter 64 of the Laws of 1994 shall mean
				  expenditures recorded in the school district's special aid fund related to
				  maintaining and repairing instructional school facilities, including expenses
				  for minor repair and improvement activities performed to remedy existing minor
				  maintenance deficiencies and expenses for periodic, scheduled maintenance
				  activities intended to mitigate the need for extensive capital renovation and
				  rehabilitation in the future. Such expenses may include heating, ventilation
				  and air conditioning repairs, electrical system repairs, plumbing repairs, and
				  general repairs, including, but not limited to roof, floor, wall and window
				  repairs, including painting and patching. Allowable expenses shall not include
				  any expenses eligible for building aid under provisions of subdivision 6 of
				  section 3602  of the Education Law.
(b) Application for the apportionment.
(1) The city school district of New York
				  shall submit an application for the apportionment provided pursuant to section
				  1 of chapter 64 of the Laws of 1994, which shall consist of the report required
				  by subdivision (c) of such section.
(2) For school districts claiming an
				  apportionment for the extraordinary school capital needs program pursuant to
				  section 2 of chapter 64 of the Laws of 1994, any reports submitted to the
				  commissioner pursuant to subdivision (d) of this section shall be deemed to be
				  an application for the apportionment.