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 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.9 - Third Party Contractors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  addition to all other requirements for third-party contractors set forth in
				  this Part, each third-party contractor that will receive student data or
				  teacher or principal data shall:
(1) adopt
				  technologies, safeguards and practices that align with the NIST Cybersecurity
				  Framework;
(2) comply with the data
				  security and privacy policy of the educational agency with whom it contracts;
				  Education Law §
											2-d; and this Part;
(3) limit internal access to personally
				  identifiable information to only those employees or sub-contractors that need
				  access to provide the contracted services;
(4) not use the personally identifiable
				  information for any purpose not explicitly authorized in its
				  contract;
(5) not disclose any
				  personally identifiable information to any other party without the prior
				  written consent of the parent or eligible student:
(i) except for authorized representatives of
				  the third-party contractor such as a subcontractor or assignee to the extent
				  they are carrying out the contract and in compliance with state and federal
				  law, regulations and its contract with the educational agency; or
(ii) unless required by statute or court
				  order and the third-party contractor provides a notice of disclosure to the
				  department, district board of education, or institution that provided the
				  information no later than the time the information is disclosed, unless
				  providing notice of disclosure is expressly prohibited by the statute or court
				  order.
(6) maintain
				  reasonable administrative, technical and physical safeguards to protect the
				  security, confidentiality and integrity of personally identifiable information
				  in its custody;
(7) use encryption
				  to protect personally identifiable information in its custody while in motion
				  or at rest; and
(8) not sell
				  personally identifiable information nor use or disclose it for any marketing or
				  commercial purpose or facilitate its use or disclosure by any other party for
				  any marketing or commercial purpose or permit another party to do so.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.12 - Right of Parents and Eligible Students to Inspect and Review Students Education Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the obligations of the educational agency under FERPA, parents
				  and eligible students shall have the right to inspect and review a student's
				  education record by making a request directly to the educational agency in a
				  manner prescribed by the educational agency.
(b) An educational agency shall ensure that
				  only authorized individuals are able to inspect and review student data. To
				  that end, educational agencies shall take steps to verify the identity of
				  parents or eligible students who submit requests to inspect and review an
				  education record and verify the individual's authority to do so.
(c) Requests by a parent or eligible student
				  for access to a student's education records must be directed to an educational
				  agency and not to a third-party contractor. An educational agency may require
				  that requests to inspect and review education records be made in
				  writing.
(d) Educational agencies
				  are required to notify parents annually of their right to request to inspect
				  and review their child's education record including any student data stored or
				  maintained by an educational agency. A notice issued by an educational agency
				  to comply with the FERPA annual notice requirement shall be deemed to satisfy
				  this requirement. Two separate annual notices shall not be required.
(e) Educational agencies shall comply with a
				  request for access to records within a reasonable period, but not more than 45
				  calendar days after receipt of a request.
(f) Educational agencies may provide the
				  records to a parent or eligible student electronically, if the parent consents
				  to such a delivery method. The educational agency must transmit the personally
				  identifiable information in a way that complies with State and federal law and
				  regulations. Safeguards associated with industry standards and best practices,
				  including but not limited to, encryption and password protection, must be in
				  place when education records requested by a parent or eligible student are
				  electronically transmitted.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.13 - Chief Privacy Officer's Powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The Chief Privacy Officer shall have the power to access all records, reports,
				  audits, reviews, documents, papers, recommendations, and other materials
				  maintained by an educational agency that relate to student data or teacher or
				  principal data, which shall include but not be limited to records related to
				  any technology product or service that will be utilized to store and/or process
				  personally identifiable information.
(b) Based upon a review of such records, the
				  Chief Privacy Officer may require an educational agency to act to ensure that
				  personally identifiable information is protected in accordance with state and
				  federal law and regulations, including but not limited to requiring an
				  educational agency to perform a privacy impact and security risk
				  assessment.
(c) The Chief Privacy
				  Officer shall also have and exercise any other powers that the commissioner
				  shall deem appropriate.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 121 - Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information › Section 121.14 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 person or circumstances is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affected or impair the validity of the
					 other provisions of this Part or their application to other persons and
					 circumstances, and those remaining provisions shall not be affected but shall
					 remain in full force and effect.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  of this Part shall apply to all annual and special school district meetings and
				  school district public library meetings conducted for the purpose of electing
				  members of a board of education or school district public library trustees, or
				  adopting school district or school district public library budgets and
				  referenda.
(b) The provisions of
				  this Part shall not apply to 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 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Appropriate school board of education
				  means the board of education in whose jurisdiction the military voter, defined
				  in subdivision (f) of this section, resides as a qualified voter.
(b) Election means the election of members of
				  a school district board of education or trustees of a school district public
				  library, and the adoption of school district and school district public library
				  budgets and referenda at either an annual or special school district or school
				  district public library meeting.
(c) Military ballot means a ballot prepared,
				  printed and supplied for use by a military voter, defined in subdivision (f) of
				  this section, in connection with the election of members of a board of
				  education and school district public library trustees, and the adoption of a
				  school district or school district public library annual budget and
				  referenda.
(d) Military address
				  means the mailing address of a military voter other than his or her residence
				  address in his or her school district.
(e) Military service means the military
				  service of the state, or of the United States, including the army, navy, marine
				  corps, air force, coast guard, merchant marine and all components thereof, and
				  the coast and geodetic survey, the public health service, the national guard
				  when in the service of the United States pursuant to call as provided by law,
				  and the cadets or midshipmen of the United States Military Academy, United
				  States Naval Academy, United States Air Force Academy and United States Coast
				  Guard Academy.
(f) Military voter
				  means:
(1) a qualified voter of the State of
				  New York who:
(i) is in actual military
				  service, as defined in subdivision (e) of this section and by reason of such
				  military service is absent from the school district in which he or she is
				  qualified to vote on the day of registration or election; or
(ii) is discharged from such military service
				  within 30 days of an election; or
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.3 - Transmission of Voter Registration, Military Ballot Applications, and Military Ballots

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  communications to the military voter shall include the mailing address of the
				  appropriate school board of education or school district public library
				  trustees, as applicable.
(b)
				  Transmission preference.
(1) A military voter
				  may designate a preference to receive a military voter registration, military
				  ballot application or military ballot by mail, facsimile transmission or
				  electronic mail in their request for such registration, ballot application, or
				  ballot.
(2) Such designation shall
				  remain in effect until revoked or changed by the military voter. Military
				  voters shall inform the appropriate school board of education or school
				  district public library trustees, as applicable, of any change in the
				  designated transmission address or military status.
(3) If a military voter does not designate a
				  preference, the appropriate school board of education or school district public
				  library trustees, as applicable, shall transmit the military voter
				  registration, military ballot application, and/or military ballot by
				  mail.
(4) If a military voter
				  designates a preference for facsimile transmission or electronic mail but does
				  not provide the necessary facsimile number or e-mail address, the appropriate
				  school board of education or school district public library trustees, as
				  applicable, shall transmit the military voter registration, military ballot
				  application, and/or military ballot by mail and request the omitted
				  information.
(5) Military voters
				  who designate a preference for facsimile or e-mail transmission for a military
				  ballot shall also receive with such transmission a form that includes the
				  information normally appearing on the inner envelope used to return an absentee
				  ballot pursuant to Education Law §§
											2018-a(5)(a) and
				  2018-b(6)(a). Such
				  military voters shall permanently fix such form to an envelope secured by the
				  military voter before returning the military ballot to the appropriate school
				  board of education or school district public library trustees.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.4 - Military Voter Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Personal registration application.
(1) School
				  districts with a system for the personal registration of voters shall develop a
				  personal registration application form for use by military voters, in
				  accordance with the provisions of subdivision (b) of this section.
(2) A military voter who is not currently
				  registered may request and obtain from his or her appropriate school board of
				  education an application to register as a qualified voter of the school
				  district if the appropriate school board of education has adopted a system for
				  the personal registration of voters.
(3) A board of education that has adopted a
				  system for the personal registration of voters shall include in its public
				  notice of annual meeting required pursuant to sections 2003 and
				  2004  of the Education Law a statement that
				  military voters who are not currently registered may apply to register as a
				  qualified voter of the school district. The statement shall also include
				  information regarding the time and manner for requesting and returning such
				  application. Such statement shall also give notice that the military voter may
				  indicate their preference for receiving the registration, as provided in
				  section 122.3  of this Part.
(4) The
				  school district register of qualified voters shall include the names of all
				  military voters who submit a valid military voter registration application
				  pursuant to 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 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.5 - Military Ballot Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Generally.
(1) A military voter may request
				  and obtain from his or her appropriate school board of education or school
				  district public library trustees, as applicable, an application for a military
				  ballot.
(2)
(i) Military voters shall submit a separate
				  military ballot application for each election at which they wish to cast a
				  vote, except as provided in subparagraph (ii) of this paragraph.
(ii) An application for a military ballot for
				  an election involving the adoption of a school district or school district
				  public library annual budget shall be deemed to also constitute an application
				  for such a ballot for any necessary budget revote.
(3) School districts shall include in the
				  public notice of annual meeting required pursuant to sections 2003 and
				  2004  of the Education Law and school
				  district public libraries shall include in the public notice of a special
				  district meeting required pursuant to section 260  of the
				  Education Law, as applicable, a statement that military voters who are
				  qualified voters of the school district may apply for a military ballot, along
				  with the time and manner for requesting and returning an application for such a
				  ballot. Such statement shall also give notice that the military voter may
				  indicate their preference for receiving the application, as provided in section
				  122.3  of this Part.
(4) The board
				  of education and school district public library trustees, as applicable, shall
				  process military ballot applications received in accordance with section
				  122.3(d)  of this Part in the same manner as non-military ballot applications
				  under Education Law §§
											2018-a and
				  2018-b.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.6 - Military ballots

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Military
				  ballots shall include the names of all candidates nominated for election as a
				  member of the appropriate school board of education or school district public
				  library, as well as the amendments, referenda, propositions and questions to be
				  voted for on such ballots.
(b) The
				  appropriate school board of education or school district public library
				  trustees, as applicable, shall ascertain such information contained in
				  subdivision (a) of this section three days before the first day of the
				  distribution of military ballots.
(c) A military ballot shall still be valid if
				  the nomination of any candidate named on the ballot is found invalid at a later
				  date because the nominee withdrew, died or otherwise became ineligible after
				  the date the ballot was transmitted pursuant to section 122.3(e)  of this Part,
				  even if the nomination period is reopened as a result thereof.
(d) When the nomination of any candidate
				  named on a military ballot is found invalid subsequent to the transmission of
				  the ballot, no vote cast for any such named candidate shall be counted during
				  the canvassing of ballots at the election.
(e) The failure of the appropriate school
				  board of education or school district public library trustees, as applicable,
				  to include the name of any candidate or any proposition or question on the
				  military ballot shall not affect the validity of the election with respect to
				  the office for which the nomination was made or the validity of the military
				  ballot as to any other matter.
(f)
				  Military ballots shall be, as nearly as practicable, in the same form as an
				  absentee ballot as prescribed in Education Law 2018-a(4) or
				  2018-b(5).
(g) School districts and
				  school district public libraries, as applicable, shall prepare a list of
				  military voters to whom military ballots have been issued and make such list
				  available for public inspection, consistent with the requirements of Education
				  Law §§
										2018-a(6) and
				  2018-b(7).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.7 - Voting by military ballot

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  receipt of a military ballot, military voters shall mark the ballot in the same
				  manner that is applicable to the use of non-military ballots.
(b) After marking the military ballot,
				  military voters shall:
(i) fold the ballot and
				  enclose it in the inner information envelope bearing the military information
				  on the outside of the envelope, or the envelope bearing the military
				  information form permanently fixed to the outside of the envelope pursuant to
				  section 122.3(b)(5)  of this Part, and seal the envelope;
(ii) sign the information, with the blanks
				  properly filled in;
(iii) insert
				  the envelope containing the military ballot in the outer envelope addressed to
				  the appropriate school board of education or school district public library
				  trustees, as applicable, which shall be mailed or personally delivered to the
				  appropriate school board of education or school district public library
				  trustees, as applicable, within the time limits provided in section 122.9  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 122 - Military Ballots for School District and School District Public Library Elections, Budget, and Referenda › Section 122.9 - Canvassing of Military Ballots

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The appropriate school board of education or the school district public
				  library, as applicable, shall canvass all military ballots:
(1) received by it before the close of the
				  polls on election day and showing a cancellation mark of the United States
				  postal service or a foreign country's postal service, or showing a dated
				  endorsement of receipt by another agency of the United States government;
				  or
(2) received by it not later
				  than 5:00 p.m. on election day and signed and dated by the military voter and
				  one witness thereto, with a date which is ascertained to be not later than the
				  day before the election.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 123 - Use of Indigenous Names, Logos, or Mascots Prohibited › Section 123.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, "Indigenous name, logo, or mascot"
					 means a name, symbol, or image that depicts or refers to Indigenous persons,
					 tribes, nations, individuals, customs, symbols, or traditions, including actual
					 or stereotypical aspects of Indigenous cultures, used to represent a public
					 school, including but not limited to such schools sports teams. It does not
					 include a public school, school building, or school district named after an
					 Indigenous tribe.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 123 - Use of Indigenous Names, Logos, or Mascots Prohibited › Section 123.2 - Prohibition

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in section
					 123.4  of this Part, no public
					 school in the State of New York may utilize or display an Indigenous name,
					 logo, or mascot other than for purposes of classroom instruction.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 123 - Use of Indigenous Names, Logos, or Mascots Prohibited › Section 123.3 - Timelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Boards of
				  education must commit, via resolution, to eliminating use of all Indigenous
				  names, logos, and mascots by the end of the 2022-23 school year. Such
				  resolution shall identify a plan to eliminate all use of the prohibited name,
				  logo, or mascot within a reasonable time, which shall be no later than the end
				  of the 2024-2025 school year.
(b)
				  Upon a showing of good cause, the commissioner may grant an extension of the
				  timelines prescribed in 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 123 - Use of Indigenous Names, Logos, or Mascots Prohibited › Section 123.4 - Exceptions; Tribal Use or Approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Tribal Use. Nothing in this section shall be construed to prohibit a federally
				  recognized tribal nation within the State of New York or a New York State
				  recognized tribal nation from choosing to use an Indigenous name, logo, or
				  mascot for a sports team comprised of its tribal members, including an
				  Indigenous name, logo, or mascot for a sports team comprised of its tribal
				  members, including a tribal school or intramural league.
(b) Tribal Approval. This Part shall not
				  apply where a written agreement exists prior to the effective date of this part
				  between a federally recognized tribal nation within the State of New York or a
				  New York State recognized tribal nation and a public school permitting the use
				  of an Indigenous name, mascot, or logo that is culturally affiliated with such
				  tribe. A public school shall not offer or accept any money, consideration, or
				  thing of value pursuant to any such agreement. The tribal nation shall have the
				  right and ability to revoke any such agreement at any time. Upon termination of
				  such an agreement, the public school shall have the remainder of the school
				  year in which such agreement is revoked and one additional school year to
				  discontinue its use of an Indigenous name, logo, or mascot.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 123 - Use of Indigenous Names, Logos, or Mascots Prohibited › Section 123.5 - Implementation

Current through Register Vol. 46, No. 28, July 10, 2024
Public schools shall prohibit school officers and employees
					 when located on school property or at a school function from utilizing or
					 promoting any Indigenous name, logo, or mascot. This provision shall not apply
					 to any school officer or employee who is a member of a tribal nation and is
					 utilizing or promoting an Indigenous name, logo, or mascot of such tribal
					 nation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				  Part, school means a nonpublic nursery school or kindergarten organized for the
				  purpose of educating a group or groups of six or more children less than seven
				  years of age, under the supervision of qualified teachers, providing an
				  adequate program of learning activities and maintaining good standards of
				  health and safety.
(b) A school
				  shall be registered by the department upon the submission of satisfactory
				  evidence that it meets the standards set forth in this Part and receives
				  approval after onsite visitation. Registration shall be valid for a period of
				  five years, subject to revocation for cause.
(c) Department staff shall conduct annual
				  visits to schools within the following categories:
(1) schools with registration certificates
				  that will expire during the year;
(2) schools operated by new applicants,
				  including schools operated by new owners pursuant to section
				  125.10(a)(3) 
				  of this Part;
(3) schools located
				  in newly constructed or renovated sites; and
(4) schools that require onsite technical
				  assistance to alleviate regulatory non-compliance issues.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.2 - Building and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Classrooms.
(1) Classrooms shall be on the
				  first or second floor of a building or be directly accessible by
				  elevator.
(2) No classroom floor
				  shall be more than four feet below ground level.
(3) Classrooms shall have a minimum of 35
				  square feet of floor space per child (exclusive of cloakroom, isolation room,
				  toilets, kitchens, halls, porches and storage space).
(4) A minimum temperature of 68 degrees,
				  measured three feet above the floor, shall be maintained in each room used by
				  children.
(5) The building and
				  rooms occupied by the school shall be clean, sanitary and dry.
(6) All concrete floors used by children
				  shall be covered with an appropriate material.
(7) Classrooms shall be well
				  ventilated.
(8) There shall be a
				  minimum of 30 foot-candles of light in all parts of a classroom.
(9) To prevent glare, electric light bulbs
				  shall be shielded in a method acceptable to the department.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.3 - Fire and safety regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Inspections. Registered schools shall be subject to inspections and
				  recommendations of the New York State Division of Fire Safety, Office of Local
				  Government, 155 Washington Avenue, Albany, New York 12210.
(b) Heating equipment.
(1) Furnaces shall be enclosed in rooms of
				  fire resistant construction, including walls, ceiling, door frames and
				  self-closing door of at least one hour rating. No flammable materials shall be
				  stored in the furnace room.
(2)
				  Direct-fired or electric space heaters shall not be used in rooms used by
				  children.
(3) All flammable
				  materials and any items that may be harmful to children shall be kept in locked
				  cabinets.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.4 - Education equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Indoors. Learning centers in a classroom shall include areas for block
				  building, housekeeping, water play, creative arts, painting and clay and
				  collage, science and nature study, cooking and music. There shall be adequate
				  books and pictures, puzzles, games and small manipulative materials.
(b) Outdoors. Outdoor equipment shall include
				  permanent, well-anchored structures for climbing and dramatic play. There shall
				  be movable equipment, wheel toys, tricycles, wagons, trucks, building
				  equipment, ladders, sawhorses and a shed or area to store this
				  equipment.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.5 - Health

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Sanitation.
				  Schools shall comply with all sanitation requirements of local and State
				  departments of health.
(b) Physical
				  examinations.
(1) At least thirty days prior
				  to admission to school, each child shall have a completed physical examination
				  by a physician, including an appropriate vision screening, audio testing,
				  laboratory tests as indicated and a dental examination. A written statement
				  signed by the examining physician shall be furnished to the school.
(2) All children shall have a yearly physical
				  examination by a physician and a dental examination by a dentist.
(3) A detailed cumulative medical record
				  shall be kept of all examinations, illnesses, accidents and any treatment given
				  to a child.
(4) A daily health
				  check of each child shall be made by the teacher or another responsible person
				  who is familiar with the child and is trained to recognize symptoms of illness
				  and communicable disease.
(5) No
				  medication shall be administered to children except by order of a
				  physician.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.6 - Staff requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Educational director.
(1) The educational
				  director shall hold a New York State certificate or its equivalent in (i) early
				  childhood education (nursery, Kindergarten and primary grades), or (ii)
				  nursery-kindergarten, or (iii) elementary education N-6 or K-6 with specialized
				  preparation for teaching in early childhood grades, or (iv) shall present
				  evidence of substantially equivalent instruction and experience,
(2) The educational director shall, in
				  addition to the above qualifications, give evidence of instruction and/or
				  experience in supervision and administration.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.7 - Teacher-pupil ratio

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Supervision. In a school there shall be more than one adult available to any
				  group at all times.
(b) Class size.
				  There shall be an enrollment of not less than six pupils in a group in any one
				  session of either nursery school or kindergarten.
(c) Staffing.
(1) Nursery school.
(i) There shall be no more than 20 children
				  in one group in one room.
(ii) For
				  three-year-olds, the ratio of children to adults shall not be greater than 8:1,
				  with a qualified teacher in attendance at all times.
(iii) For four-year-olds, the ratio of
				  children to adults shall not be greater than 10:1, with a qualified teacher in
				  attendance at all times.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.8 - Educational program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Curriculum and school year.
(1) Each school
				  shall submit evidence that it will maintain a curriculum and an educational
				  program based on and adapted to the ages, interests and needs of the
				  children.
(2) The term and hours of
				  each kindergarten shall be substantially equivalent to those established by the
				  school district in which it is located; kindergarten groups shall meet not less
				  than five half-days a week. Nursery school groups shall meet at least two
				  half-days a week.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.9 - Admission to kindergarten

Current through Register Vol. 46, No. 28, July 10, 2024
A kindergarten shall not admit a child who is younger than
					 the age of entrance into the public schools established by the school district
					 in which that child resides.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens › Section 125.10 - Registration and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Registration.
(1) A school may be registered
				  as a nursery school and/or kindergarten. A school which includes both a nursery
				  school and kindergarten, if it seeks registration, must apply for registration
				  to include both nursery school and kindergarten. A registered school which
				  initiates instruction on either level for which it is not registered shall,
				  within 10 days thereof, make application for extension of its registration to
				  such other level. Registration of such school at the original level shall be
				  terminated at the end of the school year in which application for such
				  extension is made, unless a school qualifies for such extension.
(2) Formal application for registration shall
				  be made on forms provided by the department. The department reserves the right
				  to ask for any additional information necessary to determine the eligibility of
				  the school for registration. Application blanks shall be sent to the Chief,
				  Bureau of Child Development and Parent Education, State Education Department,
				  Albany, NY 12234.
(3) Change of
				  ownership of a school nullifies its registration and, if the school is to be
				  registered, the new owner must make formal application.
(4) Each school shall obtain written approval
				  before increasing the enrollment of any group or of the school at any time
				  beyond the maximum number stipulated by the department.
(5) Prior written approval shall be obtained
				  concerning changes in the educational director and group teachers of a
				  school.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.2 - Conduct of the school

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fees or
				  other charges for services or products produced in the course of instruction by
				  students or instructors shall not be collected from the public unless the
				  commissioner approves the collection of such fees or charges for the purpose of
				  facilitating adequate practice in the curriculum or course.
(b) A school shall provide the same
				  instruction, tools, equipment or instructional supplies, and charge the same
				  tuition rates and other fees or charges, to all student or groups of students
				  in like circumstances, unless otherwise approved by the commissioner.
(c) Enrollment of students shall not be
				  sought by:
(1) Assuring or seeming to assure
				  employment in any business, establishment or occupation.
(2) Including in advertising or promotional
				  material representations with respect to potential earnings in entry level
				  employment or employment with experience, unless such representations can be
				  documented for the graduates of the school. All such advertising or promotional
				  material shall include the number and percent of graduates employed at the
				  advertised salary level listed by year of graduation and may be presented in
				  conjunction with State and national labor statistics.
(3) Including in advertising or promotional
				  material representations of job placement rates, unless such representations
				  can be documented with the data required under section
				  126.10 
				  of this Part.
(4)
				  Misrepresentations of the cost of instruction or of the education, experience
				  or abilities required for successful completion of the course and the
				  utilization thereof.
(5) Use of
				  such phrases as "university," "college," or "professional school," or other
				  terminology which connotes an institution which confers the associate or higher
				  degrees, except where the school has been authorized by the Regents to confer
				  such degrees and has been authorized to use the word "college" in its corporate
				  name pursuant to section
				  3.29(c) 
				  of this Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.3 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Advertising
				  conducted by or on behalf of a school shall not be false, misleading, deceptive
				  or fraudulent and shall be consistent with the provisions of article 22-A of
				  the General Business Law.
(b)
				  Statements and representations in all forms of advertising and promotion shall
				  be fairly and clearly presented, accurate, and restricted to facts which can be
				  substantiated. All forms of advertising and promotion by or on behalf of a
				  school, shall identify the school for which the advertising or promotion was
				  undertaken, and shall be available for inspection at the school by the
				  commissioner, in accordance with section
				  126.11(a)(3) 
				  of this Part.
(c) Endorsements,
				  commendations or recommendations from any person or persons, firm, corporation
				  or other organization shall be used only with the identification and
				  qualifications of such person, persons, firm, corporation or other organization
				  (e.g., graduate, employer) and with their written consent. Such consent shall
				  be on file with the school, and shall be available for examination. No
				  consideration for any such endorsement, commendation or recommendation shall be
				  offered or paid by a school. The date of any such endorsement, commendation or
				  recommendation shall be included in the advertising matter unless it is less
				  than two years old.
(d)
				  Illustrations in all advertising matter shall relate solely to the school or
				  shall be clearly designated otherwise.
(e) Services or articles produced in the
				  process of instruction shall not be advertised for sale in connection with the
				  school unless such practice is approved by the commissioner.
(f) Pursuant to section 5002 (7)(b)  of the
				  Education Law, beginning on January 1, 2000 all schools shall include in their
				  advertising, promotional material or letterhead the phrase, "Licensed by the
				  State of New York, New York State Education Department". Such statement shall
				  also be accompanied by the symbol issued by the commissioner to indicate such
				  status.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.4 - Standards and methods of instruction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Schools shall conduct only those
				  curricula or courses which have been approved by the commissioner, and shall
				  conduct such curricula or courses in accordance with section 5002 (4) and (5)  of the
				  Education Law and this Part; except for those programs which have been deemed
				  exempt from the requirements of article 101 of the Education Law and this Part,
				  as prescribed in section 5001 (2-b)  of the Education
				  Law. The commissioner shall approve the appropriate student-to-teacher ratio
				  for each course or curricula. Schools shall ensure that student enrollment on
				  the attendance register does not exceed the approved ratio after the first week
				  of instruction. Pursuant to section 5002 (4)(c)  of the
				  Education Law, for all courses or curricula reviewed by an expert or outside
				  consultant not employed by the department, the department shall retain the
				  expert or outside consultant and the school shall bear the expense of the
				  expert or outside consultant, in addition to the curriculum or course
				  application fee set forth in section 5002 (4)(a)  of the
				  Education Law. The cost of a review by an expert or outside consultant not
				  employed by the department shall be set according to the following schedule:
(1) for courses or curricula up to 100 clock
				  hours, the reimbursement shall be $200;
(2) for courses or curricula between 101 and
				  400 clock hours, the reimbursement shall be $300;
(3) for courses or curricula between 401 and
				  700 clock hours, the reimbursement shall be $400;
(4) for courses or curricula between 701 and
				  1000 clock hours, the reimbursement shall be $500;
(5) for courses or curricula between 1001 and
				  1400 clock hours, the reimbursement shall be $600;
(6) for courses or curricula between 1401 and
				  1800 clock hours, the reimbursement shall be $700;
(7) for courses or curricula above 1800 clock
				  hours, the reimbursement shall be $800.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.5 - Equipment and housing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  school shall have classrooms, laboratories, shops and other facilities for
				  instruction and administration which, in the judgment of the commissioner, are
				  satisfactory for the proper conduct of the school.
(b) The instructional devices, machines,
				  apparatus, supplies and other equipment shall be adapted to the courses of
				  study being offered and adequate for satisfactory instruction, as approved by
				  the commissioner. Any course or curriculum containing a skill component
				  involving the use of machines shall maintain a student-to-machine ratio of
				  one-to-one, unless otherwise approved by the commissioner.
(c) In addition to adequate and satisfactory
				  classrooms, laboratories and shops, a private school shall, as appropriate,
				  provide a library, administrative and supervisory offices, restrooms and toilet
				  facilities and a checkroom and/or lockers for student use. Such rooms or space
				  shall be properly equipped and large enough to meet the needs of students and
				  faculty.
(d) The buildings, rooms
				  or space in which staff and students are housed for any purpose while attending
				  a school, and all facilities and equipment therein, shall meet the standards
				  for school purposes of local fire, health and building authorities.
(e) Schools shall have their facilities
				  approved by the commissioner upon initial application for a license and every
				  renewal of a license thereafter, sale or transfer of a school license,
				  relocation of a school, renovation or alteration of a school's facilities or
				  reorganization of instructional space or equipment.