reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.8 - Special provisions for the profession of optometry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional conduct in the practice of
				optometry shall include all conduct prohibited by sections
				29.1 and
				29.2 
				of this Part, except as provided in this section, and shall also include the
				following:
(1) advertisements of the prices
				of frames or lenses which do not identify the lenses as single vision, bifocal
				or trifocal; the specific type of bifocal or trifocal lenses; and as either
				glass or plastic. Advertisements which indicate that a number of frame types
				are available at a stated price at an establishment shall not be prohibited;
				provided, however, that stock sufficient to meet any demand which may be
				reasonably expected must be maintained at the location. Advertisements of the
				prices of contact lenses shall state whether the lenses are hard or soft. Any
				advertised price shall be in effect for a period of time stated in the
				advertisement;
(2) aiding and
				abetting, directly or indirectly, the conduct or advertising of any employer,
				firm or associate if such conduct or advertising conflicts with the foregoing
				regulations in this Part. It shall also be unprofessional conduct for a
				licensee to continue in the employment of an employer who has been found to
				have advertised in violation of this Part after a preliminary hearing. Notice
				of such preliminary hearing shall be given in writing to the licensee and to
				the employer. It shall state the specific violation or violations, and that
				continuation of the licensee's employment after the charges are sustained may
				constitute unprofessional conduct by the licensee. It shall also state that
				both the licensee and the employer shall have the right to appear at the
				preliminary hearing, the right to be represented by counsel, and the rights set
				forth in section 6510  of the Education Law;
(3) failing to provide a patient, upon
				request, with the patient's prescription, including the name, address and
				signature of the prescriber and date of the prescription;
(4) failing to adhere to standards for
				ophthalmic materials as set forth in regulations of the Commissioner of
				Education; or
(5) failing to wear
				an identifying badge as required by section
				29.2(a)(10) 
				of this Part, while working in an establishment which dispenses eyeglasses or
				lenses to the public.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.9 - Special provisions for the profession of ophthalmic dispensing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional
				conduct in the practice of ophthalmic dispensing shall include all conduct
				prohibited by sections
				29.1 and
				29.2 
				of this Part, except as provided in this section, and shall also include the
				following:
(1) advertisements of the prices
				of frames or lenses which do not identify the lenses as single vision, bifocal
				or trifocal; the specific type of bifocal or trifocal lenses, and as either
				glass or plastic. Advertisements which indicate that a number of frame types
				are available at a stated price at an establishment shall not be prohibited;
				provided, however, that stock sufficient to meet any demand which may be
				reasonably expected must be maintained at the location. Advertisements of the
				prices of contact lenses shall state whether the lenses are hard or soft. Any
				advertised price shall be in effect for a period of time stated in the
				advertisement;
(2) aiding and
				abetting, directly or indirectly, the conduct or advertising of any employer,
				firm or associate if such conduct or advertising conflicts with the foregoing
				regulations. It shall also be unprofessional conduct for a licensee to continue
				in the employment of an employer who has been found to have advertised in
				violation of these regulations after a preliminary hearing. Notice of such
				preliminary hearing shall be given in writing to the licensee and to the
				employer. It shall state the specific violation or violations, and that
				continuation of the licensee's employment after the charges are sustained may
				constitute unprofessional conduct by the licensee. It shall also state that
				both the licensee and the employer shall have the right to appear at the
				preliminary hearing, the right to be represented by counsel, and the rights set
				forth in section 6510  of the Education Law;
(3) failing to fill the prescription in which
				the refractive error of the eye at a vertex distance is indicated and to
				dispense the proper effective power of the prescription as adapted and fitted
				to the patient. Such prescription may not be modified without the approval of
				the prescriber and unless this approval is noted on the prescription;
(4) failing to adhere to standards for
				ophthalmic materials as set forth in regulations of the Commissioner of
				Education; or
(5) failing to wear
				an identifying badge, as required by section
				29.2(a)(10) 
				of this Part, while working in an establishment which dispenses eyeglasses or
				lenses to the public.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.10 - Special provisions for the profession of public accountancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional
				conduct in the practice of public accountancy shall include all conduct
				prohibited by section
				29.1  of this
				Part, except as provided in this section, and shall also include the following:
(1) in expressing an opinion on
				representations in the financial statements which the public accountant
				examined:
(i) failing to disclose a material
				fact known to the licensee which is not disclosed in the financial statements
				but disclosure of which is necessary to make the financial statements not
				misleading;
(ii) failing to report
				any material misstatement known to the licensee to appear in the financial
				statements;
(iii) failing to
				acquire sufficient information to warrant the expression of an opinion, or the
				licensee's exceptions are sufficiently material to negate the expression of an
				opinion; or
(iv) failing to direct
				attention to any material departure from generally accepted accounting
				principles or to disclose any material omission of generally accepted auditing
				procedures applicable in the circumstances;
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.11 - Special provisions for the profession of certified shorthand reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional
				conduct in the practice of certified shorthand reporting shall include all
				conduct prohibited by section
				29.1  of this
				Part, except as provided in this section. The provisions of section
				29.1(b)(3) 
				of this Part, except as it prohibits bribes, and section
				29.1(b)(12)(i)(d), (e) and
				(g)  of this Part shall not apply to the
				practice of certified shorthand reporting.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.12 - Special provisions for the profession of psychology

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional conduct in the practice of
				psychology shall include conduct prohibited by sections
				29.1 and
				29.2 
				of this Part, except as provided in this section, and shall also include the
				following:
(1) in the conduct of
				psychological research, failing to undertake reasonable efforts to remove the
				possible harmful aftereffects of emotional stress as soon as the design of the
				research permits, or failing to inform prospective research subjects or their
				authorized representatives fully of the danger of serious aftereffects, if such
				danger exists, before they are utilized as research subjects;
(2) in the interpretation of the provisions
				of section
				29.1(b)(5) 
				of this Part and in the treatment of sexual dysfunction, as well as in other
				areas of the practice of psychology:
(i)
				immoral conduct shall include any physical contact of a sexual nature between
				psychologist and client; but immoral conduct shall not include the use of films
				and/or other audiovisual aids with individuals or groups in the development of
				appropriate responses to overcome sexual dysfunction;
(ii) in therapy groups, immoral conduct shall
				include activities which promote or allow explicit physical sexual contact
				between group members during sessions;
(3) the provisions of section
				29.2(a)(5) 
				of this Part shall apply to psychologists, who may also list in directories and
				on professional stationery areas of specialization and subspecialties
				recognized by the Board of Regents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.13 - Special provisions for the profession of massage therapy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional
				conduct in the practice of massage therapy shall include all conduct prohibited
				by sections
				29.1 and
				29.2 
				of this Part, except as provided in this section, and shall also include the
				following:
(1) advertising not in the public
				interest shall include but not be limited to:
(i) using pictures depicting an unclad or
				undraped human form;
(ii) using any
				proper name under which the licensee is not registered unless it is the name of
				the establishment, firm, partnership, corporation, or professional limited
				liability partnership or corporation;
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.14 - Special provisions for the profession of nursing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Unprofessional conduct in the practice of nursing shall include all conduct
				prohibited by sections
				29.1 and
				29.2  of this Part, except as
				provided in this section, and shall also include the following:
(1) Failure to adhere to any requirement
				prescribed in section
				64.7  of this Title.
(2) Administering an immunization agent or
				anaphylaxis treatment agent, pursuant to section
				64.7  of this Title, when:
(i) such administration is after the agent's
				date, if any, marked upon the label as indicative of the date beyond which the
				contents cannot be expected beyond reasonable doubt to be safe and effective.
				When the expiration date is expressed by month and year, the expiration date
				shall be the last day of the month indicated; or
(ii) the agent, the nature of which requires
				storage under special conditions of temperature control as indicated either on
				the labeling, in the directions for storage of said agent contained in an
				official compendium, or as directed by common prudence, has not been so stored
				under special conditions of temperature control, and the registered
				professional nurse has knowledge or reasonably should have had knowledge that
				the agent has not been so stored.
(3) Failure by a nurse practitioner to comply
				with the requirements relating to collaboration with a physician of paragraph
				(a) of subdivision (3) of section 6902  of the
				Education Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.15 - Special provisions for the professions of creative arts therapy, marriage and family therapy, mental health counseling, and psychoanalysis

Current through Register Vol. 46, No. 28, July 10, 2024
Unprofessional conduct in the practice of creative arts
				  therapy, marriage and family therapy, mental health counseling and
				  psychoanalysis shall include conduct prohibited by sections
				  29.1 and
				  29.2  of this Part and, in
				  accordance with section 8407  of the Education Law, shall also include:
(a) in the case of treatment of schizophrenia,
				  schizoaffective disorder, bipolar disorder, major depressive disorder, panic
				  disorder, obsessive-compulsive disorder, attention-deficit hyperactivity
				  disorder and autism, providing any mental health service for such illness on a
				  continuous and sustained basis without a medical evaluation of the illness by,
				  and consultation with, a physician regarding such illness, unless such licensed
				  professional has been issued a privilege to diagnose and develop
				  assessment-based treatment plans by the department . Such medical evaluation
				  and consultation shall be to determine and advise whether any medical care is
				  indicated for such illness;
(b) prescribing or administering drugs as a treatment,
				  therapy, or professional service in the practice of his or her
				  profession;
(c) using invasive procedures as a treatment, therapy, or
				  professional service in the practice of his or her profession. For purposes of
				  this subdivision, invasive procedure means any procedure in which human tissue
				  is cut, altered, or otherwise infiltrated by mechanical or other means.
				  Invasive procedure includes, but is not limited to surgery, lasers, ionizing
				  radiation, therapeutic ultrasound, or electroconvulsive therapy ; or
(d) a mental health counselor, marriage and family therapist
				  or psychoanalyst who engages in diagnosis and/or the development of
				  assessment-based treatment plans without a diagnostic privilege.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.16 - Special provisions for the social work professions

Current through Register Vol. 46, No. 28, July 10, 2024
Unprofessional conduct in the practice of licensed master
				  social work and licensed clinical social work shall include conduct prohibited
				  by sections
				  29.1 and
				  29.2 
				  of this Part and, in accordance with section 7708  of the Education Law, shall also
				  include:
(a) prescribing or
				administering drugs as a treatment, therapy, or professional service in the
				practice of his or her profession; or
(b) using invasive procedures as a treatment,
				therapy, or professional service in the practice of his or her profession. For
				purposes of this subdivision, invasive procedure means any procedure in which
				human tissue is cut, altered, or otherwise infiltrated by mechanical or other
				means. Invasive procedure includes, but is not limited to, surgery, lasers,
				ionizing radiation, therapeutic ultrasound, or electroconvulsive
				therapy.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.17 - Special provisions for the profession of physical therapy

Current through Register Vol. 46, No. 28, July 10, 2024
Unprofessional conduct in the practice of physical therapy
				  shall include conduct prohibited by sections
				  29.1 and
				  29.2 
				  of this Part. In addition, unprofessional conduct in the practice of physical
				  therapy shall include failing to meet the requirements of section 6731 (d)  of the Education
				  Law and/or section
				  77.9 
				  of this Title, when providing treatment in the practice of physical therapy
				  without a referral from a physician, dentist, podiatrist, or nurse
				  practitioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.18 - Unprofessional conduct in waived entities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An entity that is issued a waiver
				pursuant to section 6503-a or
				6503-b  of the Education Law shall be
				under the supervision of the Board of Regents and subject to the disciplinary
				procedures and penalties set forth in subarticle 3 of article 130 of the
				Education Law. Any such waiver shall be subject to suspension, revocation or
				annulment for cause, and any entity holding such a waiver shall be subject to
				disciplinary proceedings and penalties in the same manner, to the same extent,
				and for the same reasons as individuals and professional entities practicing
				the same profession, as provided in title VIII of the Education Law and this
				Part. For purposes of this subdivision, a certificate of waiver shall be
				considered the same as a license to practice a profession.
(b) Failure to disclose information. It shall
				be unprofessional conduct for an entity issued a waiver pursuant to section
				59.14
				or
				59.15 
				of this Title to have failed to disclose all information required by the
				department in order to make an accurate determination of the entity's waiver
				application. This shall include the failure to notify the department that a
				director or officer of the entity has committed an act which raises a
				reasonable question as to moral character.
(c) Professional services. It shall be
				unprofessional conduct for an entity operating under a waiver pursuant to
				section 6503-a or
				6503-b  of the Education Law to practice
				any profession licensed pursuant to title VIII of the Education Law or to hold
				itself out to the public as authorized to provide professional services, except
				as authorized by section 6503-a or
				6503-b  of the Education Law or otherwise
				authorized by law.
(d) In
				accordance with section 6503-b (7)  of the
				Education Law, a special education school or early intervention agency granted
				a waiver under section
				59.15 
				of this Title that conducts or contracts for a component of a
				multi-disciplinary evaluation that involves the practice of medicine by an
				individual subject to disciplinary proceedings in accordance with sections 230
				and/or 230-b of the Public Health Law shall be subject to the pre-hearing
				procedures and hearing procedures as are provided with respect to individual
				licensees in title 2-A of article 2 of the Public Health Law.
(e) Penalties for professional misconduct.
				The Board of Regents may impose upon an entity found guilty of unprofessional
				conduct under this section those penalties and fines authorized in section 6511 
				of the Education Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.19 - Special provisions for the profession of midwifery

Current through Register Vol. 46, No. 28, July 10, 2024
Unprofessional conduct in the practice of midwifery shall
				  include all conduct prohibited by sections
				  29.1 and
				  29.2 
				  of this Part, except as provided in this section, and shall also
				  include:
(a) failure to have
				collaborative relationships that provide for consultation, collaborative
				management and referral to address the health status and risks of his or her
				patients and that include plans for emergency medical gynecological and/or
				obstetrical coverage with:
(1) a licensed
				physician who is board certified as an obstetrician-gynecologist by a national
				certifying body;
(2) a licensed
				physician who practices obstetrics and has obstetric privileges at a general
				hospital licensed under article 28 of the Public Health Law; or
(3) a hospital, licensed under article 28 of
				the Public Health Law, that provides obstetrics through a licensed physician
				having obstetrical privileges at such institution; or
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.20 - Special provisions for the applied behavior analysis professions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Unprofessional conduct in the practice of licensed behavior analyst and
				certified behavior analyst assistant shall include conduct prohibited by
				sections 29.1 and
				29.2  of this Part and, in
				accordance with section 8802 (3) and (4)  of the Education Law, shall also
				include:
(1) Prescribing or administering
				drugs as defined in the Education Law or as a treatment, therapy, or
				professional service in the practice of his or her profession;
(2) Using invasive procedures as a treatment,
				therapy, or professional service in the practice of his or her profession. For
				purposes of this subdivision, "invasive procedure" means any procedure in which
				human tissue is cut, altered, or otherwise infiltrated by mechanical or other
				means. Invasive procedure includes, but is not limited to, surgery, lasers,
				ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy;
				or
(3) Diagnosis of a disorder or
				condition for which applied behavior analysis may be appropriate or prescribing
				or ordering applied behavior analysis for a particular individual.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.21 - Unprofessional conduct by temporary practice certificate holder

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				servicemember or servicemember's spouse who is issued a temporary practice
				certificate pursuant to section
				59.16  of this Title shall be under
				the supervision of the Board of Regents and subject to the disciplinary
				procedures and penalties set forth in Subarticle 3 of Article 130 of the
				Education Law.
(b) Any such
				certificate holder shall be subject to suspension, revocation or annulment for
				cause, and disciplinary proceedings and penalties in the same manner, to the
				same extent, and for the same reasons as individuals licensed in the same
				profession in New York State, as provided in Title VIII of the Education Law
				and this Title.
(c) For purposes of
				this section, a certificate of temporary practice shall be considered the same
				as a license to practice a profession.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.3 - Resolutions making appointments

Current through Register Vol. 46, No. 28, July 10, 2024
Each board of education and board of cooperative
					 educational services shall, in each resolution making a probationary
					 appointment or an appointment on tenure, set forth:
(a) the name of the appointee;
(b) the tenure area or areas in which the
				  professional educator will devote a substantial portion of his time;
(c) the date of commencement of probationary
				  service or service on tenure in each such area;
(d) the expiration date of the appointment,
				  if made on a probationary basis; provided that for appointments of classroom
				  teachers and building principals made on or after July 1, 2015, the resolution
				  must reflect that, except to the extent required by the applicable provisions
				  of Education Law sections
				  2509,
				  2573,
				  3212 and
				  3014, in order to be granted tenure the
				  classroom teacher or building principal shall have received composite or
				  overall annual professional performance review ratings pursuant to Education
				  Law section
				  3012-c and/or 3012-d of either effective
				  or highly effective in at least three of the four preceding years and if the
				  classroom teacher or building principal receives an ineffective composite or
				  overall rating in the final year of the probationary period he or she shall not
				  be eligible for tenure at that time. For purposes of this subdivision,
classroom teacher
and
building principal
means a classroom teacher or building principal as such terms are defined in
				  sections
				  30-2.2 and
				  30-3.2  of this
				  Part;
(e) the certification status
				  of the appointee in reference to the position to which such individual is
				  appointed.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.4 - Tenure areas

Current through Register Vol. 46, No. 28, July 10, 2024
Kindergarten (including pre-kindergarten programs) together
					 with the first six grades shall constitute the elementary tenure area. In those
					 schools in which instruction in the core academic subjects has not been
					 departmentalized at the seventh and/or eighth grade levels, such grades shall
					 constitute the middle grades tenure area. In those grades at or above seventh
					 grade level in which instruction in the core academic subjects is
					 departmentalized, the core academic subjects shall be grouped for tenure
					 purposes into the academic tenure areas of English, social studies,
					 mathematics, science and world languages.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.5 - Elementary tenure area

Current through Register Vol. 46, No. 28, July 10, 2024
A professional educator who is employed to devote a
					 substantial portion of his time to classroom instruction in the common branch
					 subjects at the kindergarten (including pre-kindergarten) level and/or in any
					 of the first six grades shall be deemed to serve in the elementary tenure
					 area.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.6 - Middle grades tenure area

Current through Register Vol. 46, No. 28, July 10, 2024
A professional educator who is employed to devote a
					 substantial portion of his time to classroom instruction in the common branch
					 subjects at the seventh and/or eighth grades in any school where instruction in
					 the core academic subjects in such grades has not been departmentalized shall
					 be deemed to serve in the middle grades tenure area.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.7 - Academic tenure area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  professional educator who is employed at or above seventh grade level to devote
				  a substantial portion of his time to instruction in one or more of the core
				  academic subjects in a grade or grades in which instruction is departmentalized
				  shall be deemed to serve in the academic tenure area or areas encompassing such
				  subjects.
(b) There shall be five
				  academic tenure areas, reflecting the division of the instructional staff of a
				  departmentalized school into separate units for giving of instruction in
				  English, social studies, mathematics, science and world languages.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.8 - Special subject tenure area

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  professional educator who is employed to devote a substantial portion of his
				  time to instruction in one or more of the following subjects shall be deemed to
				  serve in a special subject tenure area or areas encompassing such subject:
(1) art;
(2) business education-general;
(3) driver education;
(4) education of children with handicapping
				  conditions-education of blind and visually handicapped children;
(5) education of children with handicapping
				  conditions-education of deaf children;
(6) education of children with handicapping
				  conditions-education of speech and hearing handicapped children;
(7) education of children with handicapping
				  conditions-general special education tenure area (education of emotionally
				  disturbed children; mentally retarded children; physically handicapped
				  children; multiply handicapped children; and children with specifically defined
				  learning disabilities);
(8)
				  health;
(9) home
				  economics-general;
(10) industrial
				  arts-general;
(11) music;
(12) physical education and
				  recreation;
(13) literacy and
				  reading;
(14)
				  speech-remedial;
(15) English as a
				  second language;
(16) Computer
				  science; and
(17) Indigenous
				  Culture and Language Studies.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.9 - Interdisciplinary assignments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  as otherwise provided in subdivision (b) of this section, a board of education
				  or a board of cooperative educational services shall appoint and assign a
				  professional educator in such a manner that he shall devote a substantial
				  portion of his time throughout the probationary period in at least one
				  designated tenure area except that a professional educator who teaches in an
				  experimental program as defined in section
				  30-1.1  of this
				  Subpart and who does not devote 40 percent or more of his time to service in
				  any one tenure area may be appointed to a tenure area for which he holds the
				  proper certification.
(b) Except as
				  otherwise provided in section
				  30-1.2(b) 
				  of this Subpart, a board of education shall appoint and assign a professional
				  educator in such a manner that he shall devote a substantial portion of his
				  time in at least one designated tenure area except that a professional educator
				  appointed or assigned on or after May 1, 2009 to duties described in either
				  paragraph (1) or (2) of this subdivision, shall be appointed to a tenure area
				  for which he holds the proper certification:
(1) a professional educator appointed or
				  assigned to devote a substantial portion of his time to the performance of
				  duties in instructional support services; or
(2) a professional educator appointed or
				  assigned to devote a substantial portion of his time to a combination of duties
				  in instructional support services and time in at least one designated tenure
				  area identified in this Subpart.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.10 - Cumulative tenure areas

Current through Register Vol. 46, No. 28, July 10, 2024
Where a professional educator acquires tenure in a tenure
					 area created by this Subpart, he shall retain such tenure while he remains
					 continuously employed by the board of education or board of cooperative
					 educational services as a full-time member of the professional staff of the
					 district, notwithstanding subsequent appointments to tenure or to probation in
					 other tenure areas.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.11 - Appropriate certification

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing herein contained shall be construed to authorize or
					 require a board of education or board of cooperative educational services to
					 place or retain an individual in a position for which such individual does not
					 possess appropriate certification in accordance with the provisions of Part 80
					 of the Regulations of the Commissioner of Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.12 - Reorganization of grades

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the provisions of sections 2510 and
					 2585  of the Education Law, where a board of
					 education, on or after the effective date of this Subpart, modifies the
					 organizational structure of a school in such a manner that instruction in the
					 core academic subjects is departmentalized in a grade or grades previously
					 taught by professional educators deemed to serve in the middle grades tenure
					 area, each tenured professional educator or probationer serving in such grade
					 or grades at the time of such departmentalization shall retain such status and
					 shall be eligible to teach any core academic subject or special subject for
					 which such professional educator possesses appropriate certification; provided
					 that such tenure shall pertain only to grade levels not higher than those
					 formerly associated with the middle grades tenure area in such school
					 district.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-1 - Tenure Areas › Section 30-1.13 - Rights incident to abolition of positions

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the provisions of sections 2510 and
					 2585  of the Education Law, where a board of
					 education or board of cooperative educational services abolishes professional
					 education positions, it shall do so in accordance with the following
					 rules:
(a) The board shall identify
				  the tenure area in which the professional education position is
				  abolished.
(b) The board shall
				  determine the person having the least seniority in the tenure area affected by
				  the abolition.
(c) Should the
				  individual so identified have tenure or be in probationary status in additional
				  tenure areas created by this Subpart, he shall be transferred to such other
				  tenure area in which he has greatest seniority and shall be retained in such
				  area if there is a professional educator having less seniority than he in such
				  other tenure area.
(d) If such
				  individual is junior in service in such second tenure area, he shall be
				  transferred in succession in order of length of service, to each of the areas
				  in which he shall have acquired tenure or be in probationary status and shall
				  be retained in any such area if there is a professional educator in such area
				  having less seniority than he.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For annual
				  professional performance reviews conducted by districts prior to the 2019-20
				  school year or for any annual professional performance review conducted
				  pursuant to a collective bargaining agreement entered into on or before April
				  12, 2019 that remains in effect after April 12, 2019 until a successor
				  agreement is reached, the governing body of each district shall ensure that the
				  reviews of all classroom teachers and building principals are conducted in
				  accordance with the requirements of Education Law section
				  3012-d and this Subpart during the term
				  of such agreement and until entry into a successor collective bargaining
				  agreement, provided that upon expiration of such term and the entry into a
				  successor collective bargaining agreement, the provisions of Education Law
				  section
				  3012-d, as amended by Chapter 59 of the
				  Laws of 2019, and Subpart 30-3 of the Rules of the Board of Regents shall
				  apply; and, provided further, however, that any assessments used in determining
				  transition scores and ratings pursuant to this Subpart shall be used instead of
				  the grades three through eight English language arts and mathematics state
				  assessments and/or any State growth model until the entry into a successor
				  collective bargaining agreement.
(b) Annual professional performance reviews
				  of classroom teachers and building principals shall be a significant factor for
				  employment decisions, including but not limited to, promotion, retention,
				  tenure determination, termination, and supplemental compensation, in accordance
				  with Education Law section
				  3012-d(1). Such
				  evaluations shall also be a significant factor in teacher and principal
				  development, including but not limited to coaching, induction support, and
				  differentiated professional learning. Nothing herein shall be construed to
				  affect the unfettered statutory right of a district to terminate a probationary
				  (non-tenured) teacher or principal for any statutorily and constitutionally
				  permissible reasons.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart:
(a) Approved teacher or principal practice
				  rubric shall mean a rubric approved by the commissioner for inclusion on the
				  State Education Department's list of approved rubrics in teacher or principal
				  evaluations.
(b) Approved student
				  assessment shall mean a student assessment approved by the commissioner for
				  inclusion in the State Education Department's lists of approved student
				  assessments to measure student growth for use in the mandatory subcomponent
				  and/or for use in the optional subcomponent of the student performance
				  category.
(1) Approved assessments in grades
				  kindergarten through grade two. Traditional standardized assessments in grades
				  kindergarten through grade two shall not be on the approved list. However, an
				  assessment that is not a traditional standardized assessment shall be
				  considered an approved student assessment if the superintendent, district
				  superintendent, or chancellor of a district that chooses to use such assessment
				  certifies in its annual professional performance review plan that the
				  assessment is not a traditional standardized assessment, and that the
				  assessment meets the minimum requirements prescribed by the commissioner in
				  guidance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.6 - Rating determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The overall rating determination for a teacher or principal shall be determined
				  according to a methodology as follows:
Observation/School Visit
Highly Effective (H)
Effective (E)
Developing (D)
Ineffective (I)
Highly Effective (H)
H
H
E
D
Student Performance
Effective (E)
H
E
E
D
Developing (D)
E
E
D
I
Ineffective (I)
D
D
I
I
(b) Notwithstanding subdivision (a) of this
				  section, a teacher or principal who is rated using both subcomponents in the
				  student performance category and receives a rating of Ineffective in such
				  category shall be rated Ineffective overall; provided, however, that if the
				  measure used in the second subcomponent is a State-provided growth score on a
				  state-created or administered test, a teacher or principal who receives a
				  rating of Ineffective in the student performance category shall not be eligible
				  to receive a rating of effective or highly effective overall.
(c) The district shall ensure that the
				  process by which weights and scoring ranges are assigned to subcomponents and
				  categories is transparent and available to those being rated before the
				  beginning of each school year. Such process must ensure that it is possible for
				  a teacher or principal to obtain any number of points in the applicable scoring
				  ranges, including zero, in each subcomponent. In the event that a
				  teacher/principal earns a score of 1 on all rated components of the practice
				  rubric across all observations, a score of 0 will be assigned. The
				  superintendent, district superintendent or chancellor and the representative of
				  the collective bargaining unit (where one exists) shall certify in the
				  district's plan that the evaluation process shall use the weights and scoring
				  ranges provided by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.7 - Prohibited elements

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to Education Law section 3012-d(7), the following
					 elements shall no longer be eligible to be used in any evaluation subcomponent
					 pursuant to this Subpart:
(a) evidence
				  of student development and performance derived from lesson plans, other
				  artifacts of teacher practice, and student portfolios, except for student
				  portfolios measured by a State-approved rubric where permitted by the
				  department;
(b) use of an
				  instrument for parent or student feedback;
(c) use of professional goal-setting as
				  evidence of teacher or principal effectiveness;
(d) any district or regionally-developed
				  assessment that has not been approved by the department; and
(e) any growth or achievement target that
				  does not meet the minimum standards as set forth in regulations of the
				  commissioner adopted hereunder.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.8 - Approval process for student assessments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approval of student assessments for the
				  evaluation of classroom teachers and building principals. An assessment
				  provider who seeks to place an assessment on the list of approved student
				  assessments under this section shall submit to the commissioner a written
				  application in a form and within the time prescribed by the
				  commissioner.
(b) The commissioner
				  shall evaluate a student assessment(s) for inclusion on the department's
				  list(s) of approved student assessments for use in the required and/or optional
				  subcomponents of the student performance category, based on the criteria
				  outlined in the RFQ or request for proposals (RFP).
(c)
Termination of approval.
Approval shall be withdrawn for good cause, including, but
					 not limited to, a determination by the commissioner that:
(1) the assessment does not comply with one
				  or more of the criteria for approval set forth in Subpart or in the RFQ or
				  RFP;
(2) the department determines
				  that the assessment is not identifying meaningful and/or observable differences
				  in performance levels across schools and classrooms; and/or
(3) high quality academic research calls into
				  question the correlation between high performance on the assessment and
				  positive student learning outcomes.