reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 110 - Summer School › Section 110.5 - Requirements for approval of boards of cooperative educational services (boces) summer school programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be
				  approved, a BOCES-operated summer school program shall:
(1) receive prior approval of the
				  commissioner in accordance with Part 112 of this Title, and use the building
				  and equipment of a BOCES center or a leased facility or other suitable facility
				  approved by the commissioner;
(2)
				  provide, at the request of two or more component school districts, an
				  elementary and/or a secondary school program during the months of July and
				  August that:
(i) in the case of an elementary
				  program, complies with the requirements of section
				  110.1(b),
				  (c) and (d)  of this Part; or
(ii) in the case of a secondary program,
				  complies with the requirements of section
				  110.2(b),
				  (c) and (d)  of of this Part;
(3) operate using curricula and
				  course content which are determined cooperatively by the BOCES and
				  participating component districts;
(4) provide for administration of Regents
				  examinations in accordance with section
				  110.4 
				  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 111 - New York State Summer School Of The Arts › Section 111.1 - Organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The New York
				  State Summer School of the Arts shall include the following residence schools:
(1) School of Ballet;
(2) School of Choral Studies;
(3) School of Film/Media;
(4) School of Modern Dance;
(5) School of Orchestral Studies;
(6) School of Technical Theatre
				  Arts;
(7) School of
				  Theatre;
(8) School of Visual Arts;
				  and
(9) School of Written
				  Expression.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 111 - New York State Summer School Of The Arts › Section 111.2 - Advisory council

Current through Register Vol. 46, No. 28, July 10, 2024
The advisory council shall advise the executive director on
					 the entire operation of the New York State Summer School of the Arts and shall
					 assure that the program offered to the students represents the highest
					 professional quality. Council members will meet bi-monthly with the executive
					 director of the residence schools to review plans, monitor progress and make
					 recommendations for program improvement. Council members shall visit the
					 schools during their operating period and inspect all
					 facilities.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 111 - New York State Summer School Of The Arts › Section 111.3 - Governance

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director shall have the power, and it shall
					 be his duty to:
(a) administer the
				  selection process, physical facilities and living arrangements for each
				  school;
(b) contract with
				  outstanding artists and arts organizations in order to provide the artistic
				  director and staff for each school;
(c) contract for instructional facilities,
				  meals, lodging, and transportation of students during the instructional
				  program.
Transportation of students between the schools and their
					 homes shall not be provided, and shall be the responsibility of the parents or
					 legal guardian of the student;
(d) contract for a head counselor and a
				  sufficient number of assistant counselors in each school to assist students
				  with their studies and living arrangements; and
(e) convene meetings of the advisory council,
				  conduct necessary studies and evaluations of the program, and report the
				  results of such studies and evaluations to the advisory council.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 111 - New York State Summer School Of The Arts › Section 111.4 - Eligibility for admission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  applicant for admission shall intend to pursue a professional career in the
				  field of the particular school for which application is made.
(b) All applicants for admission to the
				  program shall have completed eighth grade and be between the ages of 14 and 18
				  years.
(c) All applicants for
				  admission shall participate in the screening process established to determine
				  artistic ability and talents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 111 - New York State Summer School Of The Arts › Section 111.5 - Requirements for admission

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants shall possess unique and distinctive skills,
					 qualifications and talents in the art form of the school to which application
					 is made.
(a) Application shall be made
				  on forms designated by the commissioner.
(b) Students shall be selected on the basis
				  of an open competitive screening procedure through audition, portfolio review
				  or film/media demonstration as appropriate to the art form of the school to
				  which application is made.
(c)
				  Applicants shall demonstrate artistic maturity, skill development and knowledge
				  consistent with the preprofessional nature of the program and the particular
				  art form of each school.
(d) After
				  completion of the open competitive screening procedure, a list of qualified
				  students shall be established for each school. The maximum number of students
				  to be accepted to each school shall be determined by the executive director
				  based upon financial resources available to the school. If sufficient numbers
				  of qualified students are not available, the school shall operate at a lower
				  number of students. If more qualified students than the maximum are identified,
				  an alternate list shall be formed. Students shall be selected from the
				  alternate list on the basis of rank based on the screening procedure.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 111 - New York State Summer School Of The Arts › Section 111.6 - Tuition and waiver of tuition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rate of tuition for each school shall
				  be determined as follows. The amount of State funds specifically provided for
				  the operation of each school shall be subtracted from the total actual costs of
				  the operation for such school. The difference shall then be divided by the
				  total number of students in the school.
(b) Waivers of tuition may be awarded by the
				  executive director with the approval of the advisory council on the basis of
				  need from State monies specifically allocated to each school for tuition
				  waivers. The amount of tuition waiver for each student shall be determined by
				  committees convened by the executive director with the approval of the advisory
				  council. The executive director may require such information as is necessary to
				  make a determination of need.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 112 - Approval Of Services Provided By Boards Of Cooperative Educational Services › Section 112.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the requirements
					 for approval of services provided by boards of cooperative educational services
					 (BOCES).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 112 - Approval Of Services Provided By Boards Of Cooperative Educational Services › Section 112.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in Education Law, section
					 1950(4)(d), and this
					 Part:
(a) Approved or approval means
				  approved by, or approval of, the Commissioner of Education.
(b) Authorized provider means an independent
				  contractor, including but not limited to a school district, other public agency
				  or not-for-profit corporation, with which a BOCES is authorized to contract for
				  the provision of a specific service.
(c) BOCES aid means the apportionment of
				  State aid to BOCES pursuant to Education Law, section
				  1950(4)(m) or
				  (5).
(d) BOCES-operated service means a service
				  which is provided either:
(1) directly by a
				  BOCES employee; or
(2) indirectly
				  by an authorized provider on behalf of a BOCES, and is managed and coordinated
				  by BOCES employees who assess needs, define the nature of the service to be
				  provided, specify the means of service delivery and evaluate the
				  service.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 112 - Approval Of Services Provided By Boards Of Cooperative Educational Services › Section 112.3 - Approval of boces-operated services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided in section
				  112.4 
				  of this Part, BOCES-operated services shall not be provided without the prior
				  approval of the commissioner. Approval may be granted for a maximum of one
				  school year.
(b) Each program of
				  BOCES-operated services shall be included in a single cooperative service
				  application (CO-SER) and shall have an identified account in the service
				  section of the BOCES budget. CO-SER's for proposed shared services shall be
				  submitted to the commissioner for approval on or before the first day of
				  February of the school year prior to the year in which services are to be
				  provided.
(c) To be approved,
				  shared services for which BOCES aid is claimed shall:
(1) meet all applicable requirements of the
				  Education Law and this Title;
(2)
				  be part of a program of services created in response to formal requests by
				  component school districts;
(3)
				  supplement the activities and services operated by component
				  districts;
(4) provide for
				  component district involvement in the planning and operation of the program of
				  services; and
(5) be developed on
				  the basis of effectiveness or economics as evidenced by one or more of the
				  following circumstances:
(i) individual
				  component districts lack sufficient numbers of pupils eligible for and/or
				  interested in receiving the service;
(ii) the program requires high cost or
				  specialized equipment, facilities or staff;
(iii) operation of the program by the BOCES
				  will result in a lower total cost than individual component district operation;
				  and/or
(iv) operation of the
				  program by the BOCES will result in improved service to pupils.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 112 - Approval Of Services Provided By Boards Of Cooperative Educational Services › Section 112.4 - Approval of unanticipated shared services

Current through Register Vol. 46, No. 28, July 10, 2024
BOCES receiving requests for unanticipated shared services
					 prior to adoption of the BOCES budget shall submit for approval in accordance
					 with section
					 112.3 
					 of this Part amended or additional CO-SER's. BOCES receiving requests for
					 additional shared services subsequent to the adoption of the BOCES budget shall
					 submit for approval amended or additional CO-SER's in accordance with this
					 section and a statement from the chief school administrator of each school
					 district requesting such additional shared services that funds are available in
					 the school district budget to pay for the district's share of the cost of such
					 services.
(a) Where the request is for
				  a new program of services, a new CO-SER shall be submitted for approval, and
				  the program shall not commence until approval is obtained.
(b) Where the request is for additional or
				  modified activities or services within an approved program of services, an
				  amended CO-SER shall be submitted for approval, and the change in the approved
				  program shall not be implemented until approval is obtained.
(c) Where the request is to extend an
				  approved program to include additional school districts, schools and/or
				  students, approval need not be obtained prior to the provision of services.
				  Reports of such additions, in a form prescribed by the commissioner, shall be
				  submitted for approval on a periodic basis during the school year by such dates
				  as the commissioner shall prescribe.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 112 - Approval Of Services Provided By Boards Of Cooperative Educational Services › Section 112.5 - Approval of boces-operated services other than shared services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As provided in
				  Education Law, section
				  1950(5)(d), the
				  commissioner may approve cooperative services for which no BOCES aid is
				  claimed, including:
(1) services provided by
				  contract with eligible recipients for which BOCES aid is not authorized;
				  and
(2) services provided by
				  contract with component school districts which are not approvable under section
				  112.3 
				  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Terms which are
				  used in this Part and which are defined in section 2590-a 
				  of the Education Law shall have the same respective meanings as those terms
				  have under section 2590-a.
(b) As
				  used in this Part, appeal board shall mean the panel of three members of the
				  city board designated by the chairman or president thereof pursuant to section
				  113.19 
				  of this Part to consider and determine an appeal or, if no panel has been
				  designated, the city board.
(c) As
				  used in this Part, the term filing means delivery, personally or by mail, to
				  the secretary of the city board.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.2 - Appeal from chancellor's order by community board or any suspended or removed member

Current through Register Vol. 46, No. 28, July 10, 2024
Any community board ordered by the chancellor pursuant to
					 section 2590-l  of the Education Law to cease
					 conduct or take action, any community board superseded pursuant to section
					 2590-l by the chancellor or trustee appointed by him or any community board or
					 community board member suspended or removed by the chancellor pursuant to
					 section 2590-l may file an appeal with the city board.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.3 - Filing an appeal

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal pursuant to section
					 113.2 
					 of this Part shall be filed within 15 days after issuance of the order of the
					 chancellor from which the appeal is being taken by filing with the secretary of
					 the city board a statement of appeal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.4 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
The person or persons filing an appeal shall be known as
					 the appellant or appellants, and the chancellor as the
					 respondent.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.5 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
A community board may designate its president, a member or
					 counsel to represent it in an appeal. Other parties may appear in person or be
					 represented by counsel. Only a person duly licensed and admitted to practice as
					 an attorney and counsellor-at-law in the courts of record of the State of New
					 York may appear as counsel in an appeal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.6 - Amicus curiae

Current through Register Vol. 46, No. 28, July 10, 2024
Upon written application the appeal board may by filing an
					 order permit interested organizations or other persons to file affidavits,
					 memoranda or other papers amicus curiae in connection with an appeal. Those so
					 permitted shall not be considered parties to the appeal for any purpose
					 including participation in oral argument.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.7 - Temporary stay

Current through Register Vol. 46, No. 28, July 10, 2024
The filing of an appeal shall not in and of itself stay
					 enforcement of any order of the chancellor. If an appellant desires a stay, he
					 shall file an application therefor, setting forth the reasons why a stay should
					 be granted. The appeal board shall have authority by filing an order to stay
					 temporarily, with or without an application therefor, pending a final
					 determination of the appeal (a) the enforcement of the order of the chancellor
					 from which the appeal is taken and/or (b) any action of the community board
					 which is inconsistent with such order.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.8 - Appeal papers

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be a statement of appeal, an answer thereto,
					 and, if the appellant so elects, a reply to the answer. The appeal board may,
					 at any time or from time to time, permit or require the filing of additional
					 appeal papers, including supporting affidavits, memoranda or other papers, upon
					 such terms and conditions as it may specify. All appeal papers must be
					 typewritten, captioned to identify the appeal and addressed "To the Board of
					 Education of the City of New York".
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.9 - Contents of statement of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The statement of appeal shall contain a clear and concise
					 narrative statement of the appellant's claim, including a statement of the
					 relief to which the appellant deems himself entitled. The appellant may attach
					 to his statement of appeal such supporting affidavits, memoranda or other
					 papers as he considers pertinent to his appeal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.10 - Time and contents of answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The respondent must serve and file his
				  answer to a statement of appeal not later than 10 days after the date of its
				  service upon him. If the statement of appeal was served by mail, the date of
				  mailing and the two days subsequent thereto shall be excluded in computing the
				  10-day period.
(b) The answer shall
				  contain a clear and concise narrative statement of the reasons for the order
				  appealed from, including a statement of the authority for the order. The
				  respondent may attach to his answer such supporting affidavits, memoranda or
				  other papers as he considers pertinent to the appeal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.11 - Reply

Current through Register Vol. 46, No. 28, July 10, 2024
If the appellant elects to reply to the answer of the
					 respondent, such reply shall be served and filed not later than five days after
					 the date of service of the answer. If the answer was served by mail, the date
					 of the mailing and the two days subsequent thereto shall be excluded in
					 computing the five-day period. The appellant may attach to his reply such
					 supporting affidavits, memoranda or other papers as he considers pertinent to
					 his reply.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.12 - Names of parties or counsel endorsed on all papers

Current through Register Vol. 46, No. 28, July 10, 2024
All appeal papers must be endorsed with the name, post
					 office address and telephone number of the party submitting the same or if a
					 party is represented by counsel, with the name, post office address and
					 telephone number of his counsel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.13 - Extensions of time to answer or reply

Current through Register Vol. 46, No. 28, July 10, 2024
No extension of time to answer the statement of appeal or
					 to reply to an answer will be granted by the appeal board unless timely
					 application is made therefor and good cause shown. Such application shall be in
					 writing and shall be served and filed not later than three days prior to the
					 date on which the time to answer or reply will expire. Time to answer or reply
					 may not be extended by stipulation of the parties or their
					 counsel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.14 - Effect of saturday, sundays and holidays

Current through Register Vol. 46, No. 28, July 10, 2024
If the last day for service or filing of an appeal paper,
					 order or any other paper under the provisions of this Chapter falls on a
					 Saturday, Sunday or legal holiday, filing or service may be made on the next
					 business day.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.15 - Verification of appeal papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  All appeal papers other than memoranda of law must be verified by the party in
				  whose name said papers are filed. When an appeal is taken by a community board
				  the appeal papers must be verified by a member of such board who is familiar
				  with the facts underlying the appeal, pursuant to a resolution of the community
				  board.
(b) The affidavit of
				  verification shall be in the following form:
STATE OF NEW YORK)
..)
					 SS.:...............................................................................
COUNTY OF..
					)..............................................................
______, being duly sworn, deposes and says that he is______
					 in this appeal; that he has read the annexed ______ and knows the contents
					 thereof; that the same is true to the knowledge of deponent except as to the
					 matters therein stated to be alleged on information and belief, and as to those
					 matters he believes them to be true.
(Signature)
Subscribed and sworn to before me this
.................................................................
day of
19
(Signature and title of officer)
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.16 - Service of appeal papers, applications and amicus curiae papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Statement
				  of appeal.
A copy of the statement of appeal and all papers annexed
					 thereto and any memorandum in connection therewith shall be served upon the
					 respondent by certified mail (return receipt requested) or by personal service
					 during normal business hours.
(b)
Subsequent appeal papers and
				  applications.
Each party to an appeal shall serve upon the other parties
					 or if any party is represented by counsel, upon his counsel, all subsequent
					 appeal papers and any papers annexed thereto and any applications or other
					 papers by certified mail (return receipt requested) or by personal service
					 during normal business hours.
(c)
Amicus curiae applications and
				  papers.
An organization or other person applying to the appeal
					 board for permission to participate in an appeal amicus curiae shall serve his
					 application on all parties to the appeal or if any party is represented by
					 counsel, upon his counsel. Any affidavits, memoranda or other papers filed in
					 an appeal by an amicus curiae shall be served on all parties or if any party is
					 represented by counsel, upon his counsel.
(d)
Personal service.
Appeal papers may be served personally by any person not a
					 party to the appeal who is over the age of 18 years.
(e)
Affidavit of service.
Promptly after the service of any appeal paper, the
					 original, together with an affidavit of service of a copy thereof, shall be
					 filed with the city board. The affidavit of service shall be in the form set
					 forth below:
STATE OF NEW YORK)
..)
					 SS.:..................................................................................
COUNTY OF..
					)...................................................................
______, being duly sworn, deposes and says that he is over
					 the age of eighteen years; that on the __ day of __ 19 __ he [personally served
					 during normal business hours] [mailed by certified mail (return receipt
					 requested)] a true copy of the annexed ______[upon, to]
(name of appeal papers)
Mr. ______ at No. __ Street, ____, New York.
Deponent further says that he knows the person so served to
					 hold the office of ______
(Signature)
Subscribed and sworn to before me this
day of
19
(Signature and title of officer)
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.17 - Filing of orders, appeal papers and applications

Current through Register Vol. 46, No. 28, July 10, 2024
Wherever orders, appeal papers, applications or other
					 papers may or are required to be filed by any provision of this Part, they
					 shall be filed with the secretary of the city board. Unless otherwise permitted
					 by this Part or, upon written application, by the appeal board, the parties
					 shall serve and file all memoranda relating to the issues raised by an appeal
					 paper or application with that appeal paper or application.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.18 - Oaths

Current through Register Vol. 46, No. 28, July 10, 2024
All oaths required by any provision of this Part may be
					 taken before any person authorized to administer oaths within the State of New
					 York.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.19 - Consideration and determination of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Before the end of the next business day following the day
					 of filing of an appeal, the chairman or president of the city board may by
					 filing an order designate a panel of three city board members to consider and
					 determine the appeal. If no such panel is designated, the city board shall
					 consider and determine the appeal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.20 - Expedited procedure

Current through Register Vol. 46, No. 28, July 10, 2024
If the appeal board determines that an appeal requires
					 expeditious determination, it may by filing an order direct that the time
					 requirements set forth in these regulations be shortened as set forth in such
					 order.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.21 - Oral argument

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Oral
				  argument before the appeal board will be held with respect to the determination
				  of an appeal or any application for an order in connection with an appeal if
				  the appeal board so directs by the filing of an order.
(b) The appeal board will by filing an order
				  give notice of the time and place of oral argument.
(c) After oral argument has been noticed, no
				  postponement will be granted unless application therefor is filed three days
				  prior to the date noticed for oral argument and good cause shown.
(d) The maximum time allotted for oral
				  argument prior and with respect to the determination of an appeal will be 20
				  minutes for each party. The maximum time allotted for an oral argument with
				  respect to any other application in connection with an appeal shall be set
				  forth in the order of the appeal board directing such argument.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.22 - Administrative notice of city board records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
The appeal board may, in its discretion, consider in the
					 determination of an appeal any official records or reports on file with the
					 city board which relate to the appeal; provided, however, that not later than
					 the 15th day after the date of filing of the last filed appeal paper and prior
					 to the consideration of such records or reports, the appeal board shall file an
					 order (a) advising the parties as to which records or reports it intends to
					 consider; (b) permitting the parties an opportunity to examine and copy them;
					 and (c) setting a date by which the parties must submit any affidavits,
					 memoranda or other papers concerning such records or reports.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.23 - Final determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  no panel was designated to consider an appeal pursuant to section
				  113.19 
				  of this Part, the city board shall finally determine the appeal by filing an
				  order either affirming the order of the chancellor from which the appeal was
				  taken or modifying or reversing such order if it is determined to be arbitrary
				  or capricious, or contrary to law, regulation or sound educational policy. Such
				  order shall be filed not later than the 30th day following the date of filing
				  of the last filed appeal paper. The order shall state or be accompanied by a
				  memorandum stating the grounds on which the order is based.
(b) If a panel was designated to consider an
				  appeal, the panel shall upon its determination of the appeal, file with the
				  city board, not later than 25 days after the filing of the last filed appeal
				  paper, the written record of the appeal and a proposed order either affirming
				  the order of the chancellor from which the appeal was taken or modifying or
				  reversing such order if it is determined to be arbitrary or capricious, or
				  contrary to law, regulation or sound educational policy. The proposed order
				  shall state or be accompanied by a memorandum stating the grounds on which the
				  proposed order is based. The city board shall then finally determine the appeal
				  in accordance with subdivision (a) of this section.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.24 - Dismissal of appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The appeal board may, in its discretion and at any stage of
					 the proceedings, on its own motion or on the application of any party, dismiss
					 an appeal if the appeal has become moot or the parties have reached a mutually
					 agreeable settlement.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.25 - Appeal to commissioner of education

Current through Register Vol. 46, No. 28, July 10, 2024
Any party aggrieved by the final determination of the city
					 board may, within 15 days of issuance of the city board's final order, file an
					 appeal with the Commissioner of Education of the State of New York pursuant to
					 section 2590-g (10)(c)  of the
					 Education Law. The procedure on such appeals shall be governed by the
					 provisions of Parts 275 and 276 of this Title, including the payment of the
					 required filing fee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 113 - Powers And Duties Of New York City Board Of Education In Determining Certain Appeals › Section 113.26 - Duties of secretary of city board

Current through Register Vol. 46, No. 28, July 10, 2024
The secretary of the city board shall act as the clerk of
					 the appeal board. His duties in this regard shall include, but not be limited
					 to:
(a) receiving and keeping separate
				  all appeal papers, orders, applications and other papers filed in or otherwise
				  relating to each appeal;
(b)
				  immediately transmitting a copy of each order other than a proposed order of a
				  panel or final order filed by the appeal board to each party to an appeal or
				  his counsel;
(c) making copies of
				  all appeal papers, orders, applications and other papers filed in an appeal
				  available (1) for examination by the public during normal business hours; (2)
				  for purchase by the public at a reasonable price not to exceed the cost or
				  reproduction; and
(d) transmitting
				  a copy of the final order and any memoranda filed by the city board in
				  conjunction therewith to the parties or their counsel and to any person or
				  organization who has participated in the appeal as amicus curiae.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 114 - School Food Service Programs › Section 114.1 - School breakfast program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions. As used in this section:
(1)
				  School breakfast program shall mean a breakfast designed to improve the
				  learning potentialities of children and meeting minimum nutritional standards
				  as prescribed in subdivision (b) of this section.
(2) Severe need school shall mean a school
				  where 40 percent or more of the lunches served to students at the school in the
				  second preceding school year were served free or at a reduced price.
(3) Elementary school shall mean a public
				  school district facility offering instruction to students in one or more of the
				  grades kindergarten through six or to students in a comparable age range in an
				  ungraded school.
(4) Participating
				  elementary school facility means a public elementary school that participated
				  in the National School Lunch Program on or after January 1, 1993.
(5) Participating school facility means any
				  public elementary or secondary school that participated in the National School
				  Lunch Program on or after January 1, 1993.
(6) Breakfast after the Bell shall mean
				  providing students access to school breakfast after the instructional school
				  day begins.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 114 - School Food Service Programs › Section 114.2 - Food service management contracts

Current through Register Vol. 46, No. 28, July 10, 2024
Any public school district, private, nonprofit school or
					 "residential child care institution" as defined in
					 7 CFR
					 210.2 (Code of Federal Regulations, 1993
					 edition, Superintendent of Documents, U.S. Government Printing Office,
					 Washington, DC 20402--available at Office of Regional Field Services, Room 775,
					 Education Building Annex, Albany, NY 12234), hereinafter referred to as a
					 "school," may contract with a private food service management company for the
					 purpose of managing and operating, in whole or in part, its food service
					 program. In such cases, the school shall continue to be eligible to receive
					 both Federal and State reimbursement and food in accordance with existing law
					 and regulations and in the same manner as for school-operated programs,
					 provided the requirements of this section are complied with.
(a) Responsibility for program.
(1) The food service program shall remain the
				  legal responsibility of the school in accordance with a written agreement with
				  the department as required by
				  7 CFR
				  210.9 (Code of Federal Regulations, 1993
				  edition, Superintendent of Documents, U.S. Government Printing Office,
				  Washington, DC 20402: 1993-- available at Office for Regional Field Services,
				  Room 775, Education Building Annex, Albany, NY 12234).
(2) An advisory board composed of parents,
				  teachers, and students to assist in menu planning shall be established by the
				  school in accordance with
				  7 CFR
				  210.16(a)(8) (Code of
				  Federal Regulations, 1993 edition, Superintendent of Documents, U.S. Government
				  Printing Office, Washington, DC 20402: 1993-- available at Office for Regional
				  Field Services, Room 775, Education Building Annex, Albany, NY 12234), and
				  directives of the commissioner.
(3)
				  A copy of the contract with a food service management company and any public
				  school district shall be filed with the department. A copy of the contract with
				  a food service management company and any private, nonprofit school or
				  residential child care institution participating in the National School Lunch
				  Program, School Breakfast Program or Special Milk Program shall be filed with
				  the department.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 114 - School Food Service Programs › Section 114.3 - Bidding exemption for purchasing New York State food

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For use in
				  its school food service program, a board of education on behalf of its school
				  district, or a board of cooperative educational services, may separately
				  purchase eggs, livestock, fish, species of fresh fruits and vegetables, juices,
				  grains, and dairy products, excluding milk, grown, produced or harvested, in
				  New York State exempt from the bidding provisions of subdivisions 1 through 8
				  of section 103  of the General Municipal Law. All such purchases shall be
				  subject to the provisions of this section.
(b) Definitions.
For the purposes of this section:
(1)
Producer
shall mean the
				  owner of the hens from whom eggs are gathered, the person who owns and raises
				  the livestock, the person who harvests the fish, the person who processes the
				  dairy products, excluding milk, from animals he or she owns and the person who
				  processes juice from fruit he or she owns.
(2)
Grower
shall mean the
				  planter, cultivator, and harvester of the crops to be sold.
(3)
Grown in New York State
shall mean food products planted, cultivated, and harvested in the state,
				  including eggs gathered from hens located in the state, livestock raised in the
				  state, and fish harvested in the state.
(4)
Produced in New York
				  State
shall mean any food or dairy product (excluding milk) meeting
				  the definition of "processed products" in Agriculture and Markets Law
				  §451(3).
(5)
Quality
shall be determined by the same market standards of
				  the New York State Department of Agriculture and Markets as apply to products
				  sold at the wholesale markets throughout New York State.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 114 - School Food Service Programs › Section 114.4 - Bidding exemption for the direct purchasing of milk

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For use in
				  its school food service program(s), a board of education may, on behalf of its
				  school district, separately purchase fluid milk produced in New York State,
				  directly from a licensed milk processor or processors exempt from the bidding
				  provisions of subdivisions 1 through 8 of section 103  of the General Municipal
				  Law, subject to the maximum allowable expenditure set forth in subdivision 10
				  of such section. All such purchases shall be subject to the provisions of this
				  section.
(b) Definitions. For the
				  purpose of this section:
(1)
Licensed
				  milk processor
shall mean a processor of milk who is licensed by the
				  New York State Department of Agriculture and Markets at the time the milk is
				  supplied to the school district.
(2)
Produced in New York
				  State
shall mean milk meeting the definition of "processed products"
				  in Agriculture and Markets Law §451(3), with the exception that it must be from
				  a licensed milk processor.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 115 - School District And Boces Plans › Section 115.1 - BOCES regional technology plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Purpose. The purpose of this section is to set forth the requirements for
				  approval of regional technology plans prepared by boards of cooperative
				  educational services and submitted to the commissioner in accordance with
				  section 1950 (4)(c)  of the Education Law. Applications for the approval of
				  shared services shall be determined, in relevant part, based on consistency
				  with an approved regional technology plan.
(b) Plan requirements. Each board of
				  cooperative educational services shall prepare a five-year regional technology
				  plan to meet the projected need for cooperative technology services in the
				  supervisory district. Plans shall be submitted to the commissioner, in a form
				  and manner approved by the commissioner, on or before the first day of December
				  of each year. Each plan shall contain:
(1) a
				  description of the regional collaborative planning process, which:
(i) shall meet the criteria established by
				  the commissioner; and
(ii) shall be
				  approved by the BOCES district superintendents in the regions prior to
				  submission to the commissioner;