reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 175 - State Aid › Section 175.39 - Reporting of instructional expense

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) As used in paragraph (u) of subdivision 1
				  of section 3602  of the Education Law and in this
				  section, instructional expense shall mean the sum of all expenditures in the
				  year prior to the base year directly related to the instructional program in
				  grades prekindergarten through 12 of the school district, exclusive of tuition
				  paid to another public school district or to an institution, other than tuition
				  paid pursuant to a contract authorized by article 89 of the Education Law. Such
				  sum shall include general fund, special aid fund, and risk retention fund
				  expenses reported in the annual financial report of the district for the
				  following purposes:
(i) curriculum
				  development and supervision;
(ii)
				  supervision - regular school;
(iii)
				  supervision - special schools;
(iv)
				  research, planning and evaluation;
(v) inservice training -
				  instruction;
(vi) teaching -
				  regular school;
(vii) program for
				  children with disabilities;
(viii)
				  occupational education;
(ix)
				  teaching - special schools;
(x)
				  prekindergarten program;
(xi)
				  school library and audiovisual;
(xii) educational television;
(xiii) computer assisted
				  instruction;
(xiv) attendance -
				  regular school;
(xv) guidance -
				  regular school;
(xvi) health
				  services - regular school;
(xvii)
				  psychological services - regular school;
(xviii) social work services - regular
				  school;
(xix) pupil personnel
				  services - special schools;
(xx)
				  co-curricular activities - regular school;
(xxi) interscholastic athletics - regular
				  school;
(xxii) employee benefits as
				  determined pursuant to subdivision (b) of this section; and
(xxiii) for any other purposes that shall be
				  identified by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 175 - State Aid › Section 175.40 - School attendance affected by religious holiday observance

Current through Register Vol. 46, No. 28, July 10, 2024
A board of education of a public school district may, by
					 duly adopted resolution, designate days of religious observance during the
					 official school calendar of any school year as days when reduced attendance is
					 anticipated or has actually occurred due to pupils' observance of such
					 religious holidays, and may exclude such reduced attendance from the
					 computation of:
(a) average daily
				  attendance as provided by paragraph d of subdivision 1 of section 3602  of the Education Law;
(b) resident weighted average daily
				  attendance as provided by paragraph a of subdivision 2 of section 3602  of the Education Law; and
(c) adjusted average daily attendance as
				  provided by paragraph b of subdivision 2 of section 3602  of the Education Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 176 - Apportionment Of Funds To Nonpublic Schools › Section 176.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in chapter 507 of the Laws of 1974, as amended by
					 chapter 903 of the Laws of 1984, and in this Part:
(a) Salary shall mean only gross wages paid
				  to the employee. Salary shall not include any cost to the employer for such
				  expenditures as those made for social security, retirement, any form of
				  employee insurance, fringe benefits, dues or reimbursement of the employee for
				  any expense incurred as the result of employment.
(b) Fringe benefits shall mean the employer's
				  share of the following benefits, to the extent such share is actually paid for
				  the benefit of employees engaged in providing required services: retirement,
				  social security, workers' compensation insurance, life insurance, unemployment
				  insurance, disability insurance health insurance, and union welfare benefits.
				  The cost of employee maintenance such as meals, housing, and clothing, is not a
				  fringe benefit for the purpose of this subdivision.
(c) Actual cost shall mean:
(1) the actual amount of money directly
				  expended for reporting, evaluating and administering pupil evaluation programs
				  (PEP), program evaluation tests (PET), the basic educational data system
				  (BEDS), Regents examinations, Regents scholarship examinations, the statewide
				  evaluation plan, the uniform procedure for pupil attendance and high school
				  graduation reporting, the Regents Competency Testing Program and the Regents
				  Preliminary Competency Testing Program, and for reports required for
				  comprehensive school improvement planning and for the registration of high
				  schools and for documentation of the implementation of course requirements in
				  technology education, home and career skills, and library and information
				  skills; and
(2) the cost of
				  supplies, postage and time spent by employees of a nonpublic school located in
				  the City of New York, Buffalo or Rochester for the collection, verification,
				  compilation, submission, and auditing of immunization data for all students
				  attending, entering, or transferring to such school. Such immunization data
				  shall include the individual pupil immunization records and the New York State
				  immunization survey summary.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 176 - Apportionment Of Funds To Nonpublic Schools › Section 176.2 - Application for apportionment and required accounting records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A nonpublic school requesting
				  apportionment of State monies in connection with chapter 507 of the Laws of
				  1974 shall submit an application to the State Education Department in the form
				  and at such time as the Commissioner of Education shall require. In addition
				  such nonpublic school shall submit completed apportionment worksheets as
				  required by the Commissioner of Education.
(b) Each nonpublic school making application
				  for apportionment during the school year 1975-76 and thereafter shall maintain
				  at least the following records in support of the claim for apportionment:
(1) A separate set of expenditure accounts
				  for each required service showing the amounts which are claimed for
				  apportionment. These shall include accounts for salaries, supplies and
				  materials, contractual expenses and fringe benefits.
(2) A time record for each employee involved
				  in providing services for which apportionment is required.
(3) An individual salary record for each
				  employee involved in providing services for which apportionment is requested.
				  This record shall show gross salary, payroll deductions and net salary by
				  payroll period. Payroll summary records yielding the same information may be
				  maintained in lieu of individual salary records.
(4) A voucher file which shall include all
				  paid vouchers, in whole or in part, used to substantiate actual costs included
				  in the claim for apportionment.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 176 - Apportionment Of Funds To Nonpublic Schools › Section 176.3 - Payment of apportionments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Apportionments to a qualifying school which is incorporated by the Board of
				  Regents or pursuant to a general or special law shall be paid to the
				  corporation, or to another corporate entity designated by such corporation to
				  receive apportionments on behalf of such qualifying school.
(b) Apportionments to a qualifying school
				  which is not incorporated shall be paid, on behalf of such school, to a
				  corporate body, designated by such school and approved by the commissioner,
				  whose corporate purposes include the supervision or support of such school, or
				  if there is no such corporate body, to a corporation authorized to do business
				  in this State which is designated by such school, with the approval of the
				  commissioner, for the purpose of receiving such payments for the benefit of
				  such school.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 177 - Provision Of Services To Pupils Attending Nonpublic Schools › Section 177.1 - Services to pupils attending nonpublic schools

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of obtaining services from a school
					 district for a student who is enrolled in a nonpublic school, pursuant to
					 section 3602-c  of the Education Law, the parent,
					 guardian or person legally having custody of such pupil shall file a written
					 request for such services with the trustee, board of trustees or board of
					 education of the school district responsible for providing such services in
					 accordance with section 3602-c (2)  of the
					 Education Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 177 - Provision Of Services To Pupils Attending Nonpublic Schools › Section 177.2 - Claim by a school district to recover costs for special education provided to non-resident students pursuant to education law, section 3602-c(2)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
				  For purposes of this section:
(1)
				  Non-resident student means a student with a disability who is a legal resident
				  of a school district in New York State, who is placed by the student's parent,
				  guardian or person having legal custody of the student, in a nonpublic
				  elementary or secondary school located in another school district in New York
				  State.
(2) School district of
				  residence means the school district in which the non-resident student legally
				  resides.
(3) School district of
				  location means the school district in which the nonpublic elementary or
				  secondary school attended by the non-resident student is located.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 179 - Apportionment Of Funds To Educational Broadcast Councils › Section 179.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Council means a Regents-chartered public
				  television or public television and radio corporation designated by the
				  department to provide a major broadcast station and production studio
				  facilities in the municipalities of Binghamton, Buffalo, New York City,
				  Plainview, Rochester, Schenectady, Syracuse, Watertown, Plattsburgh and any
				  other municipality the commissioner may designate. Unless otherwise indicated,
				  councils will be identified in this Part by the call letters of their primary
				  broadcast television station as of June 1, 2002.
(b) Local educational agencies means public
				  school districts, private schools, charter schools and boards of cooperative
				  educational services.
(c) Public
				  radio corporation means a Regents-chartered group designated by the department
				  to provide radio broadcast services within the State of New York.
(d) Public radio station means a nonprofit
				  and noncommercial radio station as defined under section 236 (4)(f)  of the Education
				  Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 179 - Apportionment Of Funds To Educational Broadcast Councils › Section 179.2 - Amount of operating aid to councils

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall make a specific allocation of funds
					 to each council. The amount of operating aid to each council shall not exceed
					 the actual expenditures by each council for approved operating purposes as
					 reported in the last available annual audit. Funds shall be apportioned to each
					 council within the limitation set forth above and the limit of the
					 appropriation therefor, and in accordance with the following:
(a) Allocation. The allocation to each
				  council shall be based upon:
(1) five-year
				  historical funding percentages;
(2)
				  consideration of need as a result of changing technology or the provision of
				  new services; and
(3) emergencies
				  or other exceptional circumstances affecting basic transmission or studio
				  operations and/or State or Federal requirements.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 179 - Apportionment Of Funds To Educational Broadcast Councils › Section 179.3 - Schedule of payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  council and public radio station shall be paid according to the following
				  procedure:
(1) Reports required.
(i) Each council shall submit the following
				  reports:
(a) an annual budget prior to the
				  start of each fiscal year;
(b) an
				  educational services budget prior to the start of each fiscal year;
(c) a certified audit within six months of
				  the close of the fiscal year;
(d)
				  an annual activities report within two months of the close of the fiscal
				  year;
(e) a quarterly financial
				  report within 30 days of the end of the quarter;
(f) an annual financial report in a form
				  prescribed by the Commissioner within six months of the close of the fiscal
				  year; and
(g) A quarterly education
				  report within one month of the close of the quarter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 179 - Apportionment Of Funds To Educational Broadcast Councils › Section 179.4 - Etv council services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Educational services. Councils will provide educational telecommunications and
				  outreach services for New York State citizens. The NYSED Office of Educational
				  Television and Public Broadcasting shall oversee standards for regional
				  telecommunications councils receiving annual State grants.
(1) Area representation. Each council with
				  the local educational agencies in its coverage area will develop an educational
				  telecommunications service committee, as described in section
				  179.5 
				  of this Part, to represent educational interests and needs. The cooperating
				  parties will mutually determine their respective operating responsibilities and
				  procedures to fulfill educational responsibilities for their service areas. A
				  list of educational service committee officers and their addresses shall be
				  filed with the commissioner.
(2)
				  Educational telecommunications services as required by the commissioner will be
				  provided at no charge except when such charges are specifically approved by the
				  commissioner. All schools in New York State may utilize telecommunications
				  programming and other related services, to meet the commissioner's requirements
				  at no cost to the schools unless such charges are specifically approved by the
				  commissioner.
(3) Joint Educational
				  Telecommunications Service Committee reports required. A quarterly report which
				  indicates the working and cooperative relationship of the area educational
				  telecommunications service committee and the council shall be filed with the
				  commissioner. The report shall clearly indicate progress toward mutually
				  agreed-upon plans to strengthen services in the coverage area and all
				  activities as required for completion of the report form. This report shall be
				  prepared and approved by the parties and filed with the commissioner 30 days
				  following the close of each fiscal quarter.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 179 - Apportionment Of Funds To Educational Broadcast Councils › Section 179.6 - Capital grant aid

Current through Register Vol. 46, No. 28, July 10, 2024
Grants will be made by the commissioner to councils and
					 public radio stations, within the limits of appropriations, for approved
					 capital expenses: towers, antennas, transmitters, video and audio recorders,
					 cameras, including related switching and control equipment. Such grants shall
					 not exceed 50 percent of the cost of approved equipment purchases. Eligibility
					 to receive grants, and the amounts thereof, shall be determined by the
					 commissioner in accordance with the criteria and schedule of payments in this
					 section.
(a)
Application for
				  grants.
A council or public radio station may apply for a capital
					 grant in years for which capital grant funds are appropriated by the
					 Legislature. Applications shall be made on forms supplied by the commissioner,
					 and shall set forth the information required by the commissioner to determine
					 the need for a grant.
(b)
Competitive nature of grants.
(1) Grants will be considered in order of the
				  greatest need in accordance with the following criteria:
(i) the need for equipment to comply with FCC
				  standards and regulations;
(ii) the
				  capacity to make accessible to the residents of the region educational services
				  equal to those provided to other regions of the State by public broadcasting
				  stations;
(iii) replacement of
				  equipment in which irreparable damage exists;
(iv) equipment needed to provide cost savings
				  to the station; and
(v) equipment
				  that two or more stations will use in collaboration for greater fiscal
				  efficiencies and programmatic effectiveness.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter L - Finance › Part 179 - Apportionment Of Funds To Educational Broadcast Councils › Section 179.7 - Amount of operating aid to public radio stations

Current through Register Vol. 46, No. 28, July 10, 2024
Such funds as are annually appropriated to assist approved
					 radio programming operational expenses shall be divided equally among eligible
					 public radio stations and public television and radio corporations. However,
					 such grants to any one station or corporation shall not exceed that station's
					 or corporation's approved program operating expenses nor its nonfederal income
					 from the previous fiscal year. Approved program operating expenses, for
					 purposes of this provision, shall include the cost of transmission, a full-time
					 manager, professional writers, producers, directors, talent, technicians, the
					 rental, lease or purchase of recorded program materials, and production;
					 overhead costs shall not be included in such calculations. Such funds provided
					 by the State shall be limited in use for the operation of the radio
					 service.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter M - Historical And Scientific Functions › Part 180 - State Museum And Science Service › Section 180.1 - Loan of material

Current through Register Vol. 46, No. 28, July 10, 2024
Scientific specimens and collections may be loaned to
					 scientific institutions, museums, libraries or other responsible organizations
					 or to qualified scientists engaged in research, upon terms and conditions to be
					 set forth in an agreement between the department acting through the Assistant
					 Commissioner for State Museum and Science Service and the organization or
					 individual requesting the loan.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter M - Historical And Scientific Functions › Part 180 - State Museum And Science Service › Section 180.2 - Archeological and paleontological permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits valid for a period not exceeding
				  one year for the examination, excavation or gathering of paleontological
				  objects on specified lands for specified periods may be issued by the Assistant
				  Commissioner for State Museum and Science Service to the appropriate department
				  of recognized universities, research institutions, governmental surveys,
				  colleges and museums.
(b) Permits
				  valid for a period not exceeding one year for examination, excavation or
				  gathering of paleontological objects issued to the foregoing named institutions
				  shall be valid for use by authorized staff and members of the faculty, student
				  assistants and graduate students of such institutions.
(c) Permits valid for a period not exceeding
				  one year for examination, excavation or gathering of archeological objects on
				  specified lands for specified periods may be issued by the Assistant
				  Commissioner for State Maseum and Science Service to qualified individual
				  members of the staffs of recognized universities, research institutions,
				  colleges or museums and shall be valid only for use by the individuals to whom
				  they are issued.
(d) Permits valid
				  for a period not exceeding one year may also be granted to individuals not
				  affiliated with the above institutions but who are professionally competent in
				  the opinion of the Assistant Commissioner for State Museum and Science
				  Service.
(e) Permits valid for a
				  period not exceeding one year may also be granted to individuals for the
				  examination, excavation or collection of marine fossils on specified lands for
				  specified periods.
(f) Discoveries
				  in the following categories shall be reported to the State Museum: evidence of
				  human remains, bones, burials, pottery, village sites, buildings, and large
				  masses of fossil plants and fossil reefs. All other marine fossils are
				  unrestricted and may be collected by holders of permits without first reporting
				  to the State Museum.
(g) Permits
				  issued under the provisions of this Part may be revoked at any time.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter M - Historical And Scientific Functions › Part 181 - Archives And History › Section 181.1 - Loan of material

Current through Register Vol. 46, No. 28, July 10, 2024
Historical objects and collections, paintings, and other
					 art forms may be loaned to educational institutions, historical societies,
					 museums, libraries or other responsible organizations for study or exhibition,
					 upon terms and conditions to be set forth in an agreement between the
					 department acting through the State Historian and the organization or
					 individual requesting the loan.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter M - Historical And Scientific Functions › Part 181 - Archives And History › Section 181.2 - Permits for survey and retrieval of objects of historical interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits, valid
				  for a period not exceeding one year, to survey and retrieve objects of
				  historical interest situated on or under State property, may be issued to
				  qualified public agencies, historical societies, museums, other educational
				  institutions and individuals.
(b)
				  Discovery and retrieval of objects of historical interest on State property
				  shall be reported to the Commissioner of Education.
(c) Permits issued under the provisions of
				  this Part may be revoked at any time.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter M - Historical And Scientific Functions › Part 182 - Committee On Geographic Names › Section 182.1 - Committee on geographic names

Current through Register Vol. 46, No. 28, July 10, 2024
The committee on geographic names, appointed by the
					 Commissioner of Education with the approval of the Regents, shall determine,
					 subject to approval by the Regents, place names in New York State pursuant to
					 section 174  of the Education Law.
(a) The Committee on Geographic Names shall
				  be guided by the following principles:
(1)
				  Preference shall be given to names of eminent persons, now dead, in the State
				  and locality.
(2) Euphonious and
				  other suitable names of Indian, Dutch and other linguistic origin shall be
				  retained.
(3) Names suggested by
				  the landscape, flora and fauna may be used.
(4) Long and clumsily constructed names shall
				  be avoided.
(5) A stream or a
				  mountain shall have a single name throughout its length. The name of a river
				  shall follow its longest branch. Separate names shall be given to
				  branches.
(6) Spelling,
				  pronunciation and changes or corruptions sanctioned by local usage shall be
				  adopted.
(7) Where a choice is
				  offered between two or more names for the same place, all of which are
				  sanctioned by local usage, that which is most appropriate or euphonious shall
				  be used.
(8) The possessive form
				  may be used to preserve the euphony of a name.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter M - Historical And Scientific Functions › Part 182 - Committee On Geographic Names › Section 182.2 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Prior to action by the committee, examination shall be
					 made, upon receipt of a request for a change in name, of printed materials,
					 such as maps, gazetteers, atlases and local histories, and of local usage; and
					 inquiries shall be made concerning endorsement by local public authorities,
					 local press and individuals.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Records management officer means the
				  local officer charged with the responsibility to develop and coordinate the
				  local records management program in accordance with section 57.19  of the Arts
				  and Cultural Affairs Law.
(b)
				  Records management program means an ongoing, coordinated, administrative effort
				  to systematically manage a local government's records from initial creation to
				  final disposition. A records management program includes, but is not limited
				  to: the legal disposition of obsolete records; the identification and
				  administration of and access to records of enduring value; filing and indexing
				  systems; the use of computer or other technology in information creation,
				  manipulation and storage; the storage and management of inactive records no
				  longer needed for the conduct of day-to-day business in the office; the
				  microfilming of records; the oversight of the creation and use of forms,
				  correspondence and other records and the provision for protecting vital
				  records.
(c) Records of enduring
				  value (archival records) means those records worthy of permanent retention and
				  special administration because of the importance of the information they
				  contain for continuing administrative, legal, or fiscal purposes, or for
				  historical or other research.
(d)
				  Custody means the control of, and responsibility for, records owned by the
				  local government, regardless of their location.
(e) Vital records means those records of a
				  local government that are essential to its continuing operation. Vital records
				  is not used in this context to mean official birth, death, or marriage records
				  which are State records and duplicate those held by the State.
(f) State Archives means the New York State
				  Archives, the organizational unit within the State Education Department which
				  has responsibility to administer the local government records management
				  program.
(g) Electronic records
				  means those records stored on electronic media that can be read or processed
				  only by means of a computer.
(h)
				  Electronic information system means a computer-based system that supports the
				  acquisition, creation, storage, processing, management of, and/or access to
				  records.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.2 - Designation and responsibilities of records management officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Designation of
				  records management officer.
(1) Each local
				  government, except towns, villages and fire districts, shall designate one
				  local officer to be records management officer.
(2) The governing body of each local
				  government, except towns, villages, fire districts, shall notify the
				  commissioner of the name, title or position in the local government, and
				  contact information of the designated records management officer within one
				  month of such designation.
(3) Each
				  local government established, or notified by the commissioner that it
				  constitutes a local government (as defined in section 57.17, Arts and Cultural
				  Affairs Law), after April 30, 1989 shall designate a local officer as records
				  management officer within 60 days of its establishment, or after the
				  commissioner's notification. The governing body of each local government
				  established, or notified by the commissioner that it constitutes a local
				  government, after April 30, 1989 shall notify the commissioner of the name,
				  title or position in the local government, and contact information of the
				  designated records management officer within one month of such designation or
				  notification.
(4) Municipal housing
				  authorities and the Utica Transit Authority, the disposition and reproduction
				  of whose records are subject to sections 59 and
				  60  of the Public Housing Law and sections 68 and
				  69  of the Transportation Law respectively,
				  shall not be required to designate a records management officer pursuant to
				  this section.
(5) Bronx, Kings, New
				  York, Queens and Richmond Counties shall not be required to designate a records
				  management officer pursuant to this section.
(6) Community school districts located in New
				  York City shall not be required to designate a records management officer
				  pursuant to this section.
(7) The
				  governing body of each town, village or fire district, shall notify the
				  commissioner of the name and contact information of the town clerk, village
				  clerk or fire district secretary, respectively, within one month of that
				  person's taking office.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.3 - Local government records advisory council

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Membership of the Local Government
				  Records Advisory Council.
(1) The council
				  shall consist of 27 members selected with consideration to achieving balanced
				  representation and diversity.
(2)
				  In addition to selected members, the commissioner of the New York City
				  Department of Records, a representative of the chief administrative judge, and
				  the New York City clerk are permanent, statutory members of the council. The
				  New York City clerk is a non-voting member of the council.
(3) Members shall be appointed for four-year
				  terms provided that the initial appointment to the council, commencing
				  September 1, 1988 shall be for one, two, three or four years. Terms shall be
				  staggered so that approximately an equal number of the council shall be
				  appointed in any subsequent year.
(4) The commissioner shall designate the
				  chairperson of the Local Government Records Advisory Council. The chairperson
				  shall serve a two-year term and may be reappointed.
(5) Members of the council shall serve
				  without compensation but shall be reimbursed for necessary travel
				  expenses.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.4 - Development and use of records retention and disposition schedules

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(a) When
				  establishing retention periods, the commissioner shall consider the following:
(1) the administrative, legal, fiscal,
				  research, and historical value of the information contained in the
				  records;
(2) their importance for
				  documenting local government;
(3)
				  their statewide significance;
(4)
				  the requirements of State and Federal agencies;
(5) costs to local governments for
				  maintaining the records; and
(6)
				  any other requirements imposed by law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.5 - Issuance of records retention and disposition schedules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following records retention and
				  disposition schedules issued by the Commissioner of Education prior to August
				  1, 2020, and adopted by resolution of the governing body of a local government,
				  may continue to be used by that local government to legally dispose of records
				  after August 1, 2020 in accordance with section 57.25  of the Arts and Cultural
				  Affairs Law, until superseded pursuant to subdivision (b) of this section. All
				  of the schedules are published by The University of the State of New York, The
				  State Education Department, Albany, NY 12234, and are available at the State
				  Archives, 9A47 Cultural Education Center, Albany, NY 12230:
(1) records retention and disposition
				  schedule MU-1 (1988; rev. 2003), as set forth in section
				  185.11 
				  of this Part and Appendix H of this Title, for cities, towns, villages and fire
				  districts;
(2) records retention
				  and disposition schedule MI-1 (1988; rev. 2006), as set forth in section
				  185.14 
				  of this Part and Appendix K of this Title, for all local governments except
				  those covered by records retention and disposition schedules CO-2, MU-1 and
				  ED-1;
(3) records retention and
				  disposition schedule ED-1 (1988; rev. 2004), as set forth in section
				  185.12 
				  of this Part and Appendix I of this Title, for school districts, boards of
				  cooperative educational services, teacher resource and computer training
				  centers and county vocational education and extension boards;
(4) records retention and disposition
				  schedule CO-2 (1990; rev. 2006), as set forth in section
				  185.13 
				  of this Part and Appendix J of this Title, for records of counties.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.6 - Special approvals for disposition of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records not listed on a records retention
				  and disposition schedule. Records not listed on a records retention and
				  disposition schedule shall not be disposed of without the approval of the
				  commissioner. Whenever a local government record is identified as not being
				  listed on a records retention and disposition schedule, the commissioner, in
				  accordance with section 57.25 (2)  of the Arts and Cultural Affairs Law, will
				  determine the minimum length of time the record needs to be retained and issue
				  an amendment to all appropriate schedules.
(b) Records damaged by natural or manmade
				  disasters. Local governments may apply to the commissioner to dispose of
				  records whose retention periods have not expired in cases where those records
				  have been damaged by natural or manmade disaster, and when the information
				  contained in those records is substantially destroyed or obliterated or the
				  records constitute a human health or safety risk. Those records may be disposed
				  of following application to the commissioner and after the consent of the
				  commissioner has been granted.
(c)
				  Disposition of records predating 1910. No local government may dispose of
				  records predating 1910 without special approval of the commissioner. In
				  determining whether such approval shall be granted, the commissioner shall
				  consider whether the records for which disposition is sought substantially
				  duplicate information contained in other records being retained, possess
				  significant intrinsic value, have significant and enduring value for research
				  and are in appropriate physical condition for use in research. This provision
				  shall also apply to the disposition of original records predating 1910 which
				  have been reproduced by microphotography or other means.
(d) Disposition of employee disciplinary,
				  investigative and performance evaluation records. Notwithstanding any minimum
				  retention period set forth in a records retention and disposition schedule
				  issued by the commissioner pursuant to this Part, a local government may
				  dispose of, or remove certain information from specified employee disciplinary,
				  investigative and performance evaluation records, prior to the time when the
				  appropriate minimum retention period has expired, when this disposition or
				  removal is based on a provision of a collective bargaining agreement in effect
				  between a local public employer and a public employee labor
				  organization.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.7 - Replacing original records with microforms or electronic images

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Negative
				  microphotographic film. When a microform will replace an original record having
				  a legal minimum retention period of 10 years or longer and when the local
				  government still must maintain it for at least 10 years to meet this
				  requirement, or when the records being microphotographed are identified on a
				  records retention and disposition schedule as having a permanent retention
				  period, only a polyester-based black and white silver gelatin microform shall
				  be used as the original camera negative film.
(b) Preservation of the camera negative. When
				  a microform will replace an original record, the camera negative shall be used
				  only to produce duplicate copies of the film. Once the duplicates have been
				  made, the camera negative film must be placed in an offsite storage facility
				  that meets standards established by the Commissioner of Education for security,
				  fire protection and environmental control to ensure the preservation of the
				  information on the microform.
(c)
				  Microforms to meet quality standards. When a microform will replace an original
				  record, the microform shall meet quality standards established by the
				  commissioner for resolution and density to ensure that the film and copies made
				  from it will be clear and legible and to ensure the long-term viability of the
				  film.
(d) Targeting and
				  certification of microforms. When a microform will replace an original record,
				  the following measures must be taken to ensure access to the information
				  contained on the microform, and the quality and legal admissibility of the
				  microform itself:
(1) The records to be
				  filmed shall be arranged and identified to ensure reasonable access to
				  individual documents.
(2) Each
				  discrete roll of original negative film and each discrete original negative
				  fiche shall begin with a target identifying the records being filmed and
				  certifying that the records are being filmed in the normal course of business.
				  Each shall end with a signed declaration by the camera operator identifying the
				  date of filming and the office for whom the film is being produced.
(3) In addition, each roll of film must have
				  the following targets at the beginning of the roll: density target, resolution
				  target and start target.
(4) In
				  addition, each roll of film shall have an end target at the end of each
				  roll.
(5) Where needed, roll film
				  shall contain retake and correction targets.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.8 - Retention and preservation of electronic records

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(a) A local government shall ensure that
				  records retention requirements are incorporated into any plan and process for
				  design, redesign, or substantial enhancement of an information system that
				  stores electronic records.
(b) A
				  local government shall ensure that electronic records are not rendered unusable
				  because of changing technology before their retention and preservation
				  requirements are met. In the case of archival electronic records, a local
				  government, in consultation with the State Archives, must determine that the
				  records will remain usable and accessible by ensuring that the records are
				  retained in currently available file formats and by creating adequate
				  documentation of the records and their systems as defined in subdivision (c) of
				  this section.
(c) A local
				  government shall develop and maintain up-to-date documentation about all
				  permanent or archival electronic records sufficient to:
(1) specify all technical characteristics
				  necessary for reading and processing the records;
(2) identify all defined inputs and outputs
				  from the system;
(3) define the
				  contents of the files and records;
(4) determine restrictions on access and
				  use;
(5) understand the purposes
				  and functions of the system;
(6)
				  describe update cycles and/or conditions and rules for adding information to
				  the system, changing information in the system, or deleting information;
				  and
(7) ensure the ongoing
				  retention of records by the local government.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.9 - Storage of records in nonlocal government facility

Current through Register Vol. 46, No. 28, July 10, 2024
Agreements for storage of local government records in
					 facilities other than those owned or maintained by the local government shall
					 meet criteria established by the commissioner and must be approved by the
					 commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.10 - Local government records management improvement grants

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(a) Eligibility
				  criteria. To be eligible to apply for a grant pursuant to section 57.35  of the
				  Arts and Cultural Affairs Law, a local government shall have:
(1) designated a records management officer
				  in accordance with section
				  185.2 
				  of this Part. This requirement shall not apply to Bronx, Kings, New York,
				  Queens and Richmond Counties, to municipal housing authorities, to the Utica
				  Transit Authority nor to community school districts located in New York City;
				  and
(2) adopted the applicable
				  records retention and disposition schedule(s) issued by the commissioner
				  pursuant to section 57.25  of the Arts and Cultural Affairs Law and section
				  185.5 
				  of this Part. This requirement shall not apply to municipal housing
				  authorities, to the Utica Transit Authority nor to community school districts
				  located in New York City.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.11 - Records retention and disposition schedule MU-1, 1988; rev. 2003 (Appendix H) (Repealed)

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New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.12 - Records retention and disposition schedule ED-1, 1988; rev. 2004 (Appendix I) (Repealed)

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New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.13 - Records retention and disposition schedule CO-2, 1990; rev. 2006 (Appendix J) (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 N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.14 - Records retention and disposition schedule MI-1, 1988; rev. 2006 (Appendix K) (Repealed)

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New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter N - Public Records And Department Publications › Part 185 - Records Of Public Corporations › Section 185.15 - Records retention and disposition schedule LGS-1, 2020; (Appendix L)

Current through Register Vol. 46, No. 28, July 10, 2024
See Appendix L of this Title.
The amended version of this section by
					 New
					 York State Register March 30, 2022/Volume XLIV, Issue 13, eff.
					 3/30/2022 is not yet
					 available.