reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement the procedural
					 protections of paragraph g of subdivision 3 of section 3214 and subdivision 1
					 of section 4404  of the Education Law relating to
					 student discipline by coordinating the general procedures for suspension of
					 students under Education Law, section
					 3214 with the requirements of section
					 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. section
					 1415 [k]) and the Federal regulations
					 implementing such statute.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
					 following meanings:
(a) Behavioral
				  intervention plan means a plan that is based on the results of the functional
				  behavioral assessment and, at a minimum, includes a description of the problem
				  behavior, global and specific hypotheses as to why the problem behavior occurs
				  and intervention strategies that include positive behavioral supports and
				  services to address the behavior.
(b) Committee on special education or CSE
				  means a committee on special education, subcommittee on special education, or
				  other multidisciplinary team established in accordance with Education Law,
				  section
				  4402 or, in the case of a preschool student
				  with a disability, the committee on preschool special education.
(c) Controlled substance means a drug or
				  other substance identified under schedule I, II, III, IV, or V in section
				  202(c) of the Controlled Substances Act (21 U.S.C. section
				  812 [c]) (United States Code, 2006 edition,
				  volume 13; Superintendent of Documents, U.S. Government Printing Office,
				  Washington, DC 20402-9328; 2008 - available at the Office of Counsel, New York
				  State Education Department, State Education Building, Room 148, 89 Washington
				  Avenue, Albany, NY 12234).
(d) Day
				  shall mean a calendar day, except where a school day or business day is
				  specified.
(1) School day means any day,
				  including a partial day, that students are in attendance at school for
				  instructional purposes. The term school day has the same meaning for all
				  students in school, including students with and without disabilities.
(2) Business day means Monday through Friday,
				  except for Federal and State holidays (unless holidays are specifically
				  included in the designation of business day).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.3 - Cse responsibilities for functional behavioral assessments and behavioral intervention plans

Current through Register Vol. 46, No. 28, July 10, 2024
If the manifestation team pursuant to section
					 201.4 
					 of this Part, makes the determination that the conduct subject to the
					 disciplinary action was a manifestation of the student's disability, the CSE
					 must either:
(a) conduct a functional
				  behavioral assessment, unless the school district had conducted a functional
				  behavioral assessment before the behavior that resulted in the change of
				  placement occurred, and implement a behavioral intervention plan for the
				  student; or
(b) if a behavioral
				  intervention plan has already been developed, review the behavioral
				  intervention plan and modify it as necessary to address the behavior.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.4 - Manifestation determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General requirement for manifestation review. A review of the relationship
				  between the student's disability and the behavior subject to disciplinary
				  action to determine if the conduct is a manifestation of the disability must be
				  made immediately, if possible, but in no case later than 10 school days after:
(1) a decision is made by a superintendent of
				  schools to change the placement of a student to an interim alternative
				  educational setting pursuant to section
				  201.7(e) 
				  of this Part;
(2) a decision is
				  made by an impartial hearing officer to place a student in an interim
				  alternative educational setting pursuant to section
				  201.8 
				  of this Part; or
(3) a decision is
				  made by a board of education, district superintendent of schools, building
				  principal or superintendent pursuant to section
				  201.7(a)
				  or (b)  of this Part to impose a suspension
				  that constitutes a disciplinary change in placement.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.5 - Students presumed to have a disability for discipline purposes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  provision. The parent of a student who has violated any rule or code of conduct
				  of the school district and was not identified as a student with a disability at
				  the time of such behavior may assert any of the protections set forth in this
				  Part, if the school district is deemed to have had knowledge as determined in
				  accordance with subdivision (b) of this section, that the student was a student
				  with a disability before the behavior that precipitated the disciplinary action
				  occurred. Where the school district is deemed to have had knowledge that the
				  student was a student with a disability before such behavior occurred, such
				  student is a "student presumed to have a disability for discipline
				  purposes."
(b) Basis of knowledge.
				  Except as otherwise provided in subdivision (c) of this section, a school
				  district shall be deemed to have knowledge that such student had a disability
				  if prior to the time the behavior occurred:
(1) the parent of such student has expressed
				  concern in writing to supervisory or administrative personnel of the
				  appropriate educational agency or to a teacher of the student that the student
				  is in need of special education, provided that such expression of concern may
				  be oral if the parent does not know how to write or has a disability that
				  prevents a written statement;
(2)
				  the parent of the student has requested an evaluation of the student pursuant
				  to section
				  200.4
				  or
				  200.16 
				  of this Title; or
(3) a teacher of
				  the student, or other personnel of the school district, has expressed specific
				  concerns about a pattern of behavior demonstrated by the student, directly to
				  the director of special education of the school district or to other
				  supervisory personnel of the school district.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.6 - Cse responsibilities for expedited evaluations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a request for an individual evaluation
				  is made during the period that a nondisabled student, who is not a student
				  presumed to have a disability for discipline purposes, is suspended pursuant to
				  Education Law section 3214 or is subjected to a removal as defined in section
				  201.2(l) 
				  of this Part if imposed on a student with a disability, the evaluation must be
				  conducted in an expedited manner in accordance with this section.
(b) An expedited evaluation shall be
				  completed no later than 15 school days after receipt of parent consent for
				  evaluation, and shall be conducted in accordance with the procedural
				  requirements of sections
				  200.4
				  and
				  200.5  of
				  this Title. The CSE shall make a determination of eligibility of such student
				  in a meeting held no later than five school days after completion of the
				  expedited evaluation.
(c) Until the
				  expedited evaluation is completed, the nondisabled student shall remain in the
				  educational placement determined by the school district, which can include
				  suspension.
(d) If, as a result of
				  an expedited evaluation, the student is determined to be a student with a
				  disability, the school district shall provide special education to the student
				  pursuant to Part 200 of this Title and the provisions of this Part relating to
				  students with disabilities shall apply.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.8 - Authority of impartial hearing officer to order a change in placement to an iaes in a dangerous situation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An impartial hearing officer appointed
				  pursuant to Education Law section 4404(1), in an expedited due process hearing
				  conducted pursuant to section
				  201.11 
				  of this Part, may order a change in placement of a student with a disability to
				  an appropriate interim alternative educational setting (IAES) for not more than
				  45 school days, if the hearing officer determines that maintaining the current
				  placement of the student is substantially likely to result in injury to the
				  student or others.
(b) The
				  procedures established in this section may be repeated, if the school district
				  believes that returning the student to the original placement is substantially
				  likely to result in injury to the student or others.
(c) A school district shall not be required
				  to commence disciplinary action against a student with a disability as a
				  prerequisite for initiating an expedited due process hearing to obtain an order
				  of an impartial hearing officer pursuant to this section.
(d) A determination that the student's
				  behavior is a manifestation of the student's disability shall not preclude an
				  impartial hearing officer from ordering a change in placement to an IAES
				  pursuant to this section.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 201 - Procedural Safeguards For Students With Disabilities Subject To Discipline › Section 201.11 - Expedited due process hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An expedited due process hearing shall be
				  conducted pursuant to this Part under the following circumstances:
(1) the school district requests an expedited
				  due process hearing to obtain an order of an impartial hearing officer placing
				  a student with a disability in an IAES pursuant to section
				  201.8 
				  of this Part where school personnel maintain that it is dangerous for the
				  student to be in his or her current educational placement;
(2) the school district requests an expedited
				  due process hearing to obtain an order of an impartial hearing officer placing
				  a student with a disability in an IAES during the pendency of due process
				  hearings where school personnel maintain that it is dangerous for the student
				  to be in his or her current educational placement during such
				  proceedings;
(3) the parent
				  requests a hearing from a determination that the student's behavior was not a
				  manifestation of the student's disability; or
(4) the parent requests a hearing relating to
				  any decision regarding placement under section
				  201.7 
				  of this Part, including but not limited to any decision to place the student in
				  an IAES.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.1 - Relocation payments governed by this part

Current through Register Vol. 46, No. 28, July 10, 2024
Relocation payments to eligible persons for their moving
					 expenses caused by their displacement from real property acquired by the
					 Commissioner of Education shall be governed by the provisions of this
					 Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses shall be made to
					 the Commissioner of Education upon forms prescribed by the commissioner and
					 shall be accompanied by such information and evidence as he may require and
					 payment of such will be made to eligible persons under the circumstances to the
					 extent set forth below:
(a) General
				  provisions applicable to both residential and commercial moves.
(1) When there has been an approval of a
				  property acquisition program and property appropriation maps have been filed in
				  the Department of State and the occupant of the property has been notified of
				  such pending acquisition by the State or an agreement of purchase has been
				  executed by the property owner and delivered to the State, the eligible persons
				  are authorized to proceed with the relocation.
(2) Moving expenses shall not include any
				  cost of construction or improvement at the new location to replace property for
				  which compensation was made in the acquisition of right of way.
(3) In the case of a partial taking of right
				  of way by the State, removal from the area being acquired to a remainder area
				  shall be considered a relocation eligible for the collection of moving expenses
				  if removal of personal property of an eligible person is necessary.
(4) Moving expenses shall not include any
				  indirect losses or losses due to negligence.
(5) Where an eligible individual or family
				  occupy bona fide living quarters on the same premises as a business concern
				  (including the operation of a farm) or a nonprofit organization they may be
				  considered as a separate eligible person in determining the amount of payment
				  for residential moving costs.
(6)
				  After an eligible person has vacated the property, no moving expense payments
				  will thereafter be eligible to any party with respect to the subsequent
				  occupancy of the same property.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.4 - Residential moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All eligible residential occupants will be entitled to reimbursement of actual,
				  reasonable and necessary moving expenses or may elect a fixed amount in
				  accordance with the counted room schedule. If the eligible person elects to
				  receive payment in lieu of actual, reasonable and necessary moving expenses,
				  the following provisions will apply:
Schedule of
								Payments
(Add $100 dislocation allowance)
lst room .......
$50.00
Every room thereafter .......
25.00
Every 1/4 room after the 1st full room .......
12.50
(b) Tenants in furnished rooms, furnished
				  apartments and furnished mobile homes where the tenant provides nominal amount
				  of household furniture and personal property will be entitled to reimbursement
				  of actual, reasonable and necessary moving expenses or may elect a fixed
				  allowance equivalent to one counted room per the aforementioned schedule. When
				  garages, sheds, and outbuildings are acquired and the eligible person's place
				  of residence is not disturbed, or when the eligible person's principal place of
				  residence is not the appropriate site, a fixed allowance may be applied per the
				  aforementioned room count schedule less the $100 dislocation
				  allowance.
(c) If the eligible
				  residential occupant elects to receive reimbursement for actual, reasonable and
				  necessary moving, he shall submit to the department, at least four weeks prior
				  to the moving date, one estimate or bid from a recognized household furniture
				  moving concern. Such estimate or bid is to be in a form prescribed by the
				  commissioner and as explained in section
				  210.3  of this Part. After receipt
				  of the estimate in acceptable form, an amount will be deemed reasonable and
				  necessary and the eligible person notified in writing to commence moving. Upon
				  completion of the actual move, reasonable and necessary moving expenses will be
				  paid based upon receipted bills submitted to the department in an acceptable
				  form. Reimbursement of moving expenses will be limited to the amount of the
				  approved estimate and will be exclusive of any additional charges submitted by
				  the eligible person, his family or others not normally in the moving business,
				  for packing, moving or incidental work. In the case of failure to notify the
				  commissioner as provided above, it will be assumed that the eligible person
				  waives the right to elect to receive reimbursement for actual, reasonable and
				  necessary moving expenses and such person will be paid a lump sum amount based
				  on the counted room schedule and consistent with the above
				  provisions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.5 - Actual moving expenses for business concerns

Current through Register Vol. 46, No. 28, July 10, 2024
Moving expenses for business concerns, nonprofit
					 organizations and operation of a farm will be on actual costs based upon
					 receipted bills from recognized movers or in the case of an owner or tenant
					 performing the moving himself, it would be on an actual cost of hiring
					 equipment and personnel at prevailing rates in the community for that type of
					 equipment and personnel. All books and records kept by the owner or tenant
					 shall be subject to review and audit by a State representative during
					 reasonable business hours all of which shall be documented in forms agreeable
					 to the Superintendent of Public Works [sic]. Such moving costs shall not
					 include the moving of any fixtures or equipment that were considered as part of
					 the realty in the acquisition of the premises and likewise such costs shall not
					 include any charges at the new location for electric wiring, or plumbing nor
					 for the remodeling, redecorating or reinforcing of the new structure to
					 accommodate the equipment or stock of the individual business concern,
					 nonprofit organization or in the operation of a farm. Whenever moving is
					 performed by a licensed mover operating under regulatory authority, the amount
					 paid as reimbursement for actual moving expenses shall not be in excess of the
					 tariffs filed by such mover with either the Interstate Commerce Commission or
					 the State Public Service Commission as the case may be.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.6 - "in lieu of" moving expenses for a business or commercial occupant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It shall be the
				  option of the business or farm operation (including a displaced business or
				  farm operation which is discontinued) upon written notification from the
				  department to elect to receive a fixed relocation payment of up to $5,000 in
				  lieu of moving expenses. This fixed relocation payment is calculated in an
				  amount equal to the average annual net earnings of the business or farm
				  operation or $5,000, whichever is the lesser amount.
(b) In the case of a business, eligibility
				  for this payment is contingent upon the State's determination that:
(1) the business cannot be relocated without
				  a substantial loss of its patronage and
(2) is not part of a commercial enterprise
				  having at least one other establishment which is not being acquired by the
				  State or the United States and which is engaged in the same or a similar
				  business.
The term "patronage" as used herein means the average
					 dollar volume of business transacted during the two taxable years immediately
					 preceding the year in which the business is displaced, or the projection for
					 the next two years of the average dollar volume of business at the new location
					 of the displaced business.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.7 - Supplemental relocation payments

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other payments and benefits authorized by
					 State law, individuals and families displaced from dwellings on real property
					 acquired by the commissioner and on which title vested in the State on or after
					 May 14, 1970, are entitled to supplementary relocation payments in accordance
					 with the following criteria and eligibility standards.
(a) Owner-occupant (over one year).
(1) Eligibility.
(i) The owner-occupant must have owned and
				  occupied the dwelling for at least one year immediately prior to the start of
				  negotiations for the acquisition of such. This time is calculated from the date
				  of the first contact at which a money offer is extended to the owner for the
				  acquisition of the property, or the delivery of the 90 day notice of the
				  State's intention to acquire the property, whichever occurs later.
(ii) The owner-occupant displaced must have
				  actually resided in the dwelling for this one year eligibility
				  period.
(iii) The building owned
				  and occupied is limited to a one, two or three family dwelling.
(iv) The owner-occupant must have purchased
				  and occupied a decent, safe and sanitary replacement dwelling within one year
				  subsequent to the date on which he was required to move from the dwelling unit
				  acquired.
(v) The date required to
				  move is here defined, and elsewhere in this section as the date of title
				  vesting in the State plus 90 days, or the date of surrender of possession of
				  acquired improvements, whichever occurs later.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.8 - General and miscellaneous provisions for supplemental relocation payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				  for supplemental relocation payment. Applications for all supplemental
				  relocation pavments must be made and filed with the commissioner no later than
				  18 months after the date on which the displaced person was required to vacate
				  the dwelling acquired, or six months after final award determination in a case
				  litigated in the courts of the State, whichever is the later.
(b) Payments on assignments described herein
				  may be made, upon a written instruction and assignment from the displaced
				  person, directly to a lessor for rent or to a seller for application on a
				  payment for a decent, safe and sanitary dwelling.
(c) Partial takings. In the instance where
				  the dwelling and homesite are only a part of the total taking from the same
				  property, the value of the dwelling and the necessary supporting homesite are
				  to be segregated from the total appraised compensation in calculating any
				  supplemental relocation payment.
(d) Dwellings in excess of three units. Where
				  the real property being acquired is improved by a dwelling having more than
				  three dwelling units, the owner is not eligible for the supplemental relocation
				  payment of the $5,000 maximum, but if he occupies one of the dwelling units, he
				  is eligible to receive the up-to $1,500 payment if other eligibility
				  requirements are met.
(e) Mobile
				  homes. A mobile home may be considered a replacement dwelling providing it
				  substantially meets requirements for decent, safe and sanitary dwellings.
(1) In the instance where a determination has
				  been made that a mobile home to be acquired is classified as real property, and
				  the occupant owns both mobile home and site, the following supplemental
				  relocation payments apply:
(i) If the one
				  year residency requirement is met, the supplemental relocation payment would be
				  computed on the basis of the difference between the amount paid for the mobile
				  home and site and the estimated cost of acquiring a comparable mobile home and
				  site, up to a maximum of $5,000.
(ii) If the one year residency requirement is
				  not met, but the 90 day residency requirement is met or if the owner elects not
				  to purchase a replacement dwelling, the supplemental relocation payment would
				  be calculated as follows: the difference between the cost of renting an
				  adequate, comparable, decent, safe and sanitary mobile home for the next two
				  years and 12 percent of the acquisition price of the property acquired, up to a
				  maximum of $1,500. This payment may be used as a rent supplement or for the
				  down payment on the purchase of replacement housing.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.9 - Reimbursement for taxes, rents, levies and charges paid by the dislocated person or other entity to a taxing entity

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses shall be made to
					 the commissioner upon forms prescribed by the commissioner and shall be
					 accompanied by such information and evidence as he may require and payment of
					 such will be made to eligible persons under the circumstances to the extent set
					 forth below:
(a) Requirement for
				  reimbursements for taxes, rents, levies and charges paid by
(1) The amount be separately computed and
				  stated, and
(2) The amount should
				  represent the pro rata portion of these taxes, rents or charges actually paid
				  to a taxing entity, and
(3) The
				  taxes, rents or charges have become a lien on the property prior to the date of
				  acquisition pursuant to the Education Law, and
(4) These taxes, rents or charges were
				  allocable to a period subsequent to the date of vesting or title or the
				  effective date of the possession of such property by the State, whichever
				  occurred earlier.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.10 - Hardship cases

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provisions contained herein, the
					 commissioner is authorized in hardship cases to make advance payments in
					 anticipation of the eligible person actually completing his moving of personal
					 property or actually purchasing or renting and occupying decent, safe and
					 sanitary replacement housing. The commissioner may authorize the advance
					 payment of the amount determined by him to represent reasonable and necessary
					 moving expenses or the amount of the approved supplemental relocation payment
					 deemed necessary to purchase or rent, decent, safe and sanitary replacement
					 housing. In the case of a supplemental relocation payment, payment can only be
					 made if there is a signed contract for the purchase of a replacement property,
					 or in the case of a replacement rental unit, if there is a signed lease or some
					 other firm commitment. In both instances, the proposed replacement housing must
					 be inspected prior to payment for a determination of compliance with decent,
					 safe and sanitary standards.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter R - Education Departmental Optional Retirement Program › Part 220 - Education Departmental Optional Retirement Program › Section 220.0 - Education departmental optional retirement program definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Professional services shall mean those
				  services which are performed by an employee who is required to have a
				  baccalaureate degree as a condition precedent to his employment.
(b) The field of supervision of higher
				  education shall include the Commissioner of Education, the Executive Deputy
				  Commissioner of Education, the Deputy Commissioner of Education (Higher and
				  Professional Education), the Deputy Commissioner of Education (Elementary,
				  Secondary and Continuing Education), the Associate Commissioner of Education
				  (Higher Education), the Associate Commissioner of Education (Research and
				  Evaluation), the Associate Commissioner of Education (Science, Technology and
				  the Professions), the Associate Commissioner of Education (Cultural Education),
				  and shall further include those positions under the supervision of each of the
				  above-designated associate commissioners which are primarily concerned with
				  education in advance of secondary education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter S - Use Of State Education Department Facilities › Part 230 - Use Of State Education Department Facilities › Section 230.1 - Use of the auditorium in the State Education Building

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When not required to serve the program
				  needs of the Education Department, the auditorium in the State Education
				  Building (Chancellors Hall) may be made available for general public and
				  private use in accordance with the limitations and requirements of this
				  section.
(b) The auditorium in the
				  State Education Building (Chancellors Hall) may not be used for the
				  presentation of any programs that are religious, political or commercial, or at
				  which attendance is exclusive, except that attendance at meetings under the
				  control of institutions in the University of the State of New York may be
				  exclusive.
(c) Fees charged each
				  person, association, organization or corporation permitted the use of the
				  auditorium will be in accordance with the following fee schedule:
Regular Department
								Workday
Morning
Afternoon
Morning
Afternoon
Evening
Maintenance and custodial charges
$100
$100
$150
$150
$150
Each guard (when required)
$40
$60
$ 60
$ 60
$ 60
(d) The Education Department reserves the
				  right to require the use of up to four building guards for any event if it is
				  deemed by the department that their services are required to provide adequate
				  audience safety.
(e) No fee will be
				  charged to any State agency granted the use of the hall.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter S - Use Of State Education Department Facilities › Part 230 - Use Of State Education Department Facilities › Section 230.2 - Use of Department facilities in the Cultural Education Center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When not
				  required to serve the program needs of the Education Department, the facilities
				  of the Office of Cultural Education in the Cultural Education Center, including
				  but not limited to the student center, meeting rooms and auditoriums, may be
				  made available for general public and private use in accordance with the
				  limitations and requirements of this section.
(b) The facilities may not be used for the
				  presentation of any programs that are religious, political or commercial, or at
				  which attendance is exclusive, except that attendance at meetings under the
				  control of institutions in the University of the State of New York may be
				  exclusive.
(c) Fees. Each person,
				  association, organization or corporation permitted the use of the facilities
				  shall pay for all costs resulting from such use. Each such person, association,
				  organization or corporation, except a State agency, shall provide liability and
				  property damage insurance.
(d) The
				  Education Department reserves the right to require the use of as many building
				  guards for an event as it deems necessary to provide adequate audience
				  safety.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter T - School District Names › Part 240 - School District Names › Section 240.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All city school
				  districts shall continue to be designated as "City School District of the City
				  of. . .".
(b) All other school
				  districts shall adopt a simplified legal district name, on or before July 1,
				  1973, in accordance with the procedures set forth in this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter T - School District Names › Part 240 - School District Names › Section 240.2 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board of
				  education, board of trustees, sole trustee or other governing body of each
				  school district shall adopt a simplified legal district name consisting
				  substantially of:
(1) geographic designation
				  (such as the name of a town, village or hamlet in which the district is
				  located)
(2) type of district
				  (central, union free, common, or central high, as appropriate)
(3) designation--the words "school
				  district".
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter T - School District Names › Part 240 - School District Names › Section 240.3 - Changes

Current through Register Vol. 46, No. 28, July 10, 2024
A school district which undergoes significant change by the
					 addition of territory may propose that a change in name be
					 considered.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter T - School District Names › Part 240 - School District Names › Section 240.4 - New districts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
				  course of the formation of a new central school district, the district
				  superintendent of schools shall propose to the commissioner a name in
				  accordance with the provisions of this Part. Upon approval, such name will be
				  used by the commissioner in laying out such district.
(b) In the course of the formation of a new
				  common or union free school district, the district superintendent shall propose
				  a name in accordance with the provisions of this Part. Upon approval by the
				  commissioner, the proposed name shall be the name of the school
				  district.
(c) In the case of
				  unorganized school districts, the district superintendent shall propose a name
				  in accordance with the provisions of this Part. Upon approval by the
				  commissioner, the proposed name shall be the name of such district.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter T - School District Names › Part 240 - School District Names › Section 240.5 - Use of simplified name

Current through Register Vol. 46, No. 28, July 10, 2024
No simplified legal district name may be used prior to the
					 date specified in the certificate to be issued by the commissioner. The board
					 of education, board of trustees, sole trustee or other governing body of a
					 school district may, prior to the effective date specified in such certificate,
					 adopt and file with the commissioner a resolution deferring the effective date
					 of the simplified legal district name set forth in the certificate to a date
					 not more than 90 days subsequent to the date specified by the commissioner.
					 Upon such filing, the effective date shall be deemed to be deferred to the date
					 specified in such resolution.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 246 - Workshop Programs › Section 246.2 - Rehabilitation workshop support program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rehabilitation workshop support
				  program is designed to provide partial funding support for community
				  rehabilitation facilities and workshops, through grants for payment of a
				  portion of the salaries of rehabilitation facility and workshop personnel
				  giving rehabilitation services to improve and develop services, to more
				  effectively serve the disabled and to attain the objective of greater
				  employment of clients and sheltered workers in competitive
				  employment.
(b)
Definitions.
As used in this section:
(1)
Agency
means the New
				  York State Education Department, Office of Vocational and Educational Services
				  for Individuals with Disabilities.
(2)
Homebound clients
means
				  those clients to whom the workshop provides professional services in addition
				  to homework employment.
(3)
Long-term sheltered worker
means an individual who has
				  completed evaluation and personal adjustment services sponsored by the agency
				  or the Commission for the Blind and Visually Handicapped, or who has completed
				  12 months of service in a workshop.
(4)
Severe physical handicap
means a condition for which there is a determined diagnosis as approved by the
				  American Medical Association and diagnosed by a physician licensed by the State
				  of New York to practice medicine, and which results in a substantial impairment
				  of physical function that meets the requirements for severe disability stated
				  in  35 CFR
				  361  (
Code of Federal
				  Regulations,
1984 edition, Superintendent of Documents, U.S.
				  Government Printing Office, Washington, DC 20402: 1984 - available at Office of
				  Vocational and Educational Services for Individuals with Disabilities, Room
				  1907, One Commerce Plaza, Albany, NY 12234).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 246 - Workshop Programs › Section 246.3 - Standards for community rehabilitation program personnel

Current through Register Vol. 46, No. 28, July 10, 2024
All personnel employed by a community rehabilitation
					 program, whose duties include the provision of rehabilitation services to
					 individuals sponsored by the New York State Education Department, Office of
					 Vocational and Educational Services for Individual Disabilities (VESID), shall
					 meet the requirements specified for these or equivalent titles in this
					 section.
(a) Definitions. As used in
				  this section:
(1) Agency means the New York
				  State Education Department.
(2)
				  Bachelor's degree, master's degree or master's degree program means a degree
				  from, or program of, a college or university accredited by a regional or
				  national accrediting organization recognized by the United States Commissioner
				  of Education, or the programs of which have been registered by the State
				  Education Department.
(3) Community
				  rehabilitation program means an organization which is operated for the purpose
				  of providing vocational rehabilitation services to individuals with
				  disabilities, and which provides, singly or in combination, one or more of the
				  following services for individuals with disabilities:
(i) vocational rehabilitation services, which
				  may include, medical, psychological, social and vocational services;
(ii) testing, fitting or training in the use
				  of prosthetic and orthotic devices;
(iii) speech and hearing therapy;
(iv) psychological services;
(v) evaluation of rehabilitation
				  potential;
(vi) work
				  adjustment;
(vii) vocational
				  training for entry level or career advancement (in combination with other
				  rehabilitation services);
(viii)
				  evaluation or control of specific disabilities;
(ix) orientation and mobility services and
				  other adjustment services to the blind;
(x) supported employment services;
				  and
(xi) placement
				  services.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 246 - Workshop Programs › Section 246.6 - Provision of services by community rehabilitation programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. The purpose of this section is
				  to provide standards for the provision of services by community rehabilitation
				  programs.
(b) Definitions. As used
				  in this section:
(1) Agency means the New
				  York State Education Department.
(2) Ancillary services means those aspects of
				  an individual's program designed to support and enhance a basic evaluation or
				  training orientation of the program. Such ancillary services include but are
				  not necessarily limited to group, individual and family counseling; remedial
				  education; occupational therapy; medical, psychological and other such services
				  as may be specified by the agency.
(3) Diagnostic vocational evaluation (DVE)
				  means a systematic appraisal and description of an individual's employment
				  abilities, current levels of vocational performance, potential vocational
				  capabilities for a job, interests or other traits or characteristics which
				  relate to possible employment outcomes.
(4) Individual plan for employment (IPE)
				  means a program developed pursuant to section
				  247.11 
				  of this Title.
(5) Job-placement
				  and follow-up services means a program of services, the purpose of which is to
				  procure employment for an individual which is consistent with the goals and
				  training program of the individual and the assurance of successful continuation
				  of such employment.
(6) Work
				  adjustment training (WAT) means a program of services which is consistent with
				  the findings of the assessments of the individual, implements the IPE, and
				  leads toward an employment outcome.
(7) Community rehabilitation program means an
				  organization as defined in section
				  246.3(a)(3) 
				  of this Part.
(8) Special program
				  means a short-term or part-time program of service provided at a community
				  rehabilitation program which is deemed necessary by the agency for an
				  individual and not otherwise defined in this subdivision.
(9) Specialized vocational training means a
				  program of instruction which provides information and skills that are essential
				  for the performance of tasks involved in, or directly related to, a specific
				  occupation.
(10) Supported
				  employment means paid competitive work that offers ongoing support services in
				  integrated settings for individuals with the most significant disabilities.
				  Supported employment is intended for individuals for whom competitive
				  employment has not traditionally occurred or has been interrupted or
				  intermittent as a result of a most significant disability.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter V - Office Of Vocational Rehabilitation › Part 247 - Client Services › Section 247.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context requires
					 otherwise, these terms shall have the meaning indicated below:
(a) Administrative review means an informal
				  review of an agency action or decision at a higher agency level than the case
				  service unit that is available to an individual, when the individual and the
				  district office manager agree that such informal review is likely to eliminate
				  the individual's dissatisfaction.
(b) Agency means the Office of Vocational and
				  Educational Services for Individuals with Disabilities of the New York State
				  Education Department.
(c)
				  Comparable services and benefits means services and benefits provided by other
				  public agencies, by health insurance, or by employee benefits which are
				  available to the individual at the time needed to ensure achieving the
				  individual's employment outcome and are commensurate to the services that the
				  individual would otherwise receive from the agency.
(d) Eligible individual means an individual
				  whom the agency has found eligible for services in accordance with the criteria
				  contained in section
				  247.6 
				  of this Part.
(e) Employment
				  outcome means entering or retaining full-time or, if appropriate, part-time
				  competitive employment in the integrated labor market; supported employment; or
				  any other type of employment in an integrated setting, including
				  self-employment, telecommuting or business ownership, consistent with the
				  individual's strengths, resources, priorities, concerns, abilities,
				  capabilities, interests and informed choice.
(f) Hearing officer means a person who is
				  appointed by the Deputy Commissioner for Vocational and Educational Services
				  for Individuals with Disabilities to conduct a hearing and render a decision. A
				  hearing officer shall:
(1) not be a member of
				  the State Rehabilitation Council nor an employee of a public agency other than
				  an institution of higher education;
(2) not have been involved in previous
				  decisions regarding the vocational rehabilitation of the individual;
(3) have knowledge of the delivery of
				  vocational rehabilitation services, the State plan, and the Federal and State
				  laws and regulations and agency policies governing the provisions of
				  services;
(4) have received
				  training in the performance of official duties; and
(5) have no personal, professional or
				  financial interest that would be in conflict with his or her
				  objectivity.