reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.15 - Purposes-part b: libraries and learning resources

Current through Register Vol. 46, No. 28, July 10, 2024
Funds under section 402(a)(2) of the Elementary and Secondary
				  Education Act for part B will be expended for administration of the annual
				  program plan and:
(a) for the
				acquisition of school library resources, textbooks, and other printed and
				published instructional materials for the use of children and teachers in
				public and private elementary and secondary schools;
(b) for the acquisition of instructional
				equipment (including laboratory and other special equipment, including
				audio-visual materials and equipment suitable for use in providing education in
				academic subjects) for use by children and teachers in elementary and secondary
				schools, and for minor remodeling of laboratory or other space used by such
				schools for such equipment; and
(c)
(1) a program of testing students in the
				elementary and secondary schools,
(2) programs of counseling and guidance
				services for students at the appropriate levels in elementary and secondary
				schools designed (i) to advise students of courses of study best suited to
				their ability, aptitude, and skills, (ii) to advise students with respect to
				their decisions as to the type of educational program they should pursue, the
				vocation they should train for and enter, and the job opportunities in the
				various fields, and (iii) to encourage students to complete their secondary
				school education, take the necessary courses for admission to post-secondary
				institutions suitable for their occupational or academic needs, and enter such
				institutions, and such programs may include short-term sessions for persons
				engaged in guidance and counseling in elementary and secondary schools, and
(3) programs, projects, and
				leadership activities designed to expand and strengthen counseling and guidance
				services in elementary and secondary schools.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.16 - Administrative and program procedures-part b

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures and activities to accomplish the purposes of
				  part B are:
(a) Administrative
				procedures:
(1) The State Education
				Department will consult with the State advisory council on part B policies and
				questions including: criteria for distribution of funds, participation of
				eligible private school pupils, maintenance of effort, evaluation,
				dissemination, and possible need for revision of regulations.
Timeline--On-going
(2) The Bureau of School Libraries will
				coordinate with the Department's Information Center on Education to identify
				the availability and recency of data required to calculate the distribution of
				part B funds including the enrollment of public and private school pupils,
				reading and mathematics PEP scores, tax rates and per pupil expenditures for
				each district.
Timeline--April 1977
(3) Criteria for the distribution of part B
				funds will be developed based on the requirements of the legislation, the needs
				of public and private school pupils, and the availability of appropriate data.
Timeline--April 1977
(4) Eligible local education agencies will be
				notified of their part B allotment for public and private school pupils by
				means of a computer printout of the distribution calculation.
Timeline--September 1977
(5) The part B component of the single
				application will be revised based on the requirements of the legislation and
				the regulations, USOE reporting requirements, and the needs of school personnel
				as identified while providing technical assistance in completing the fiscal
				year 1977 part B component of the single application.
Timeline--July 1977
(6) Information and instructions for
				procedures for public and private school personnel for participation in the
				part B program will be prepared and distributed as described in section
				2302.12  of
				this Part.
Timeline--September/October 1977
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.17 - Local discretion on use of funds-part b

Current through Register Vol. 46, No. 28, July 10, 2024
Each local educational agency will be given complete
				  discretion, subject to the provisions of section 406 of the Elementary and
				  Secondary Education Act (Participation of Children Enrolled in Private
				  Schools), in determining how the funds it receives from appropriations under
				  section 401(a) of The Elementary and Secondary Education Act will be divided
				  among the various programs described in section 421 of The Elementary and
				  Secondary Education Act except that in the first year in which appropriations
				  are made pursuant to part B of title IV of the Elementary and Secondary
				  Education Act each local educational agency will be given complete discretion
				  with respect to 50 percent of the funds appropriated for that part attributable
				  to that local educational agency.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.18 - Distribution of funds-part b

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Assurance, distribution of funds. The State Educational Agency assures that
				funds which the State educational agency receives from appropriations made
				under section 401(a) of the Elementary and Secondary Education Act will be
				distributed among local educational agencies according to the enrollments in
				public and nonpublic schools within the school districts of such agencies,
				except that substantial funds will be provided to:
(i) local educational agencies whose tax
				effort for education is substantially greater than the State average tax effort
				for education, but whose per pupil expenditure (excluding payments made under
				title I of the Elementary and Secondary Education Act) is no greater than the
				average per pupil expenditure in the State, and (ii) local educational agencies
				which have the greatest number or percentages of children whose education
				imposes a higher than average cost per child, such as children from low-income
				families, children living in sparsely populated areas, and children from
				families in which English is not the dominant language.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.19 - Assurance, maintenance of effort-part b

Current through Register Vol. 46, No. 28, July 10, 2024
The State educational agency assures that the aggregate
				  amount to be expended per student or the aggregate expenditure by the State,
				  its local educational agencies, and private schools in the State from funds
				  derived from non-Federal sources for programs described in section 421(a) of
				  The Elementary and Secondary Education Act for the preceding fiscal year were
				  not less than the amount per student or the aggregate expenditure for the
				  second preceding year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.21 - Administrative and program procedures-part c

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures and activities to accomplish the purposes of
				  part C are:
(a) Administrative
				procedures.
(1) The State Education
				Department will consult with the State advisory council on part C policies and
				questions including: criteria for distribution of funds, participation of
				eligible private school pupils, priority program setting, monitoring,
				evaluation, dissemination and other matters pertaining to revisions of requests
				for proposals, planning guides and regulations.
Timeline--Ongoing
(2) The Division of ESC General Program
				Planning will coordinate with the Department's Information Center on Education,
				the Office of Optional Educational Programs, and the Office of General
				Instructional Services, and the executive council to determine the State
				priorities and the allocation of funds among these priorities according to the
				four grant type offerings of developer, validation, and
				demonstration/replication.
Timeline--January-June, 1978
(3) The criteria for the development of State
				educational priorities and objectives for part C and the plans for apportioning
				the funds among State administration, strengthening the State and local
				educational agencies and other part C purposes will be developed by the
				Division of ESC General Program Planning in conjunction with the State advisory
				council, the Division of ESC Planning Field Services, the executive council,
				the Division of Research, Bureau of School and Categorical Programs Evaluation,
				the Office of Optional Education Programs grams and the Office for Program
				Analysis and Evaluation.
Timeline--November-May, 1977-1978
(4) The part C component of the single
				application will be revised based on the requirements of the legislation and
				the regulations, USOE reporting requirements, and the needs of school personnel
				as identified while providing technical assistance in completing the fiscal
				year 1977 part C components of the single application.
Timeline--July 1977
(5) Review and approval procedures for the
				competitive round will be established.
Timeline--May-December 1977
(6) Local educational agencies and nonpublic
				school representatives will be provided information regarding the funds
				available under part C, the priority areas of State concern and methods of
				program funding including special assistance available, the calendar dates for
				submission of the single application and the criteria for selection and
				approval of projects in the processing of grants.
Timeline--April 1977-September 1977
(7) Following the announcement of the
				notification above, public and private school districts seeking more detailed
				information will receive instructions and information.
Timeline--April-December 1977
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.23 - Program for strengthening leadership resources of State educational agencies-activity B

Current through Register Vol. 46, No. 28, July 10, 2024
Educational information collection and reporting.
(a)
Specific objective.
The objective is to insure that accurate and timely
				  information on all areas of education is available to planners and
				  decision-makers. This capacity helps assure that policy and program decisions
				  at the local, State and Federal levels are based not only on philosophy and
				  subjective judgment, but are also based on valid, reliable and timely data. The
				  ready availability of reliable data greatly increases the department's capacity
				  for conducting effective planning, research and evaluation.
(b)
Specific activities.
(1) New York State Information Center on
				Education.
(i) Specific objective. Develop,
				implement and operate educational data systems for the purpose of assembling
				information in all areas of the State's educational data system.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Basic educational data system.
Collect, interpret and disseminate data from public and
							 nonpublic elementary and secondary schools-June 1978
2. Occupational education data system.
Same as number one for occupational education
3. Continuing education data system.
Same as number one for public school continuing
							 education
4. Handicapped education.
Same as number one for handicapped education
5. Public school financial data.
Same as number one for public school financial
							 data
6. Higher education data system.
Same as number one for public and nonpublic colleges
							 and universities
(ii)
				Specific objective. Coordinate all data collection procedures within the
				Education Department.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Review and clear all department data
							 collection.
Improve data collection; reduce data
							 burden-Ongoing
(iii) Specific objective. Plan, supervise and
				conduct special surveys and studies.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Conduct studies and analyze results.
As requested by department program units
(iv)
				Specific objective. Prepare projections and estimates.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Prepare long and short range projections of public
							 and nonpublic school enrollments and graduates.
Publication-June 1978
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.24 - Program for strengthening leadership resources of State educational agencies-activity C

Current through Register Vol. 46, No. 28, July 10, 2024
Dissemination of information of education.
(a)
Specific objective.
The objective is to improve the department's capability for
				  communicating information on education to a variety of interested audiences.
				  Hundreds of publications originate annually from organizational units in the
				  department that are intended to inform educators and the general public about
				  trends, developments and effective educational programs and practices.
(b)
Specific
				activities.
(1) Improving the quality
				of education department publications.
(i) To
				assure a minimum standard of literary quality for State Education Department
				publications.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Edit and rewrite State Education Department
							 manuscripts as necessary.
By June 1978 over 30,000 pages of SED publications will
							 have been edited
(ii)
				To assure practical and effective formats for all department publications.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Layout, specify type, provide illustration, design
							 and printing instructions for a variety of SED publications.
By June 1978 the designs and illustrations as well as
							 printing instructions will have been provided for approximately 350 SED
							 publications
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.25 - Program for strengthening leadership resources of State educational agencies-activity D

Current through Register Vol. 46, No. 28, July 10, 2024
State education department management and
				  administration.
(a)
Specific
				objective.
The objective is to strengthen the management and
				  administrative capabilities of the Education Department in order to promote
				  efficient and effective use of resources.
(b)
Specific activities.
(1) Federal Relations.
(i) Specific objective. Formulation of policy
				statements on Federal legislation.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Prepare a series of policy statements and
							 recommendations for changes in Federal acts for consideration by the
							 Regents.
Publication of the Regents Federal legislative
							 brochure-February 1978 Meetings between the Regents and members of the New York
							 congressional delegation-March 1978
2. Assist in preparing comments on legislation being
							 considered by the House and Senate regarding elementary and secondary
							 education, libraries, vocational education, and other acts.
Recommendations to the members of the New York
							 congressional delegation on legislation being considered by the House and
							 Senate-various due dates
(ii)
				Specific objective. Assist the department with special problems in Federal
				programs and regulations within New York State.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Meet with department, Federal agency and
							 congressional personnel to define issues and regulations.
Assist in the preparation of department comments and
							 concerns with Federal program operations in New York State.
2. Monitor the publication of Federal rules,
							 regulations and notices.
Inform appropriate department management and program
							 managers of new rules, regulations and notices.
(iii) Specific objective. Determine funds
				available for Federal programs.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Collect and analyze legislative and agency material
							 relating to funds and their allocation.
Keep department finance office informed on the
							 availability and amount of funds to be expected
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.26 - Program for strengthening leadership resources of State educational agencies-activity E

Current through Register Vol. 46, No. 28, July 10, 2024
Education Department consultative assistance to local
				  education institutions to improve their planning, management and evaluation
				  capabilities.
(a)
Specific
				objective.
The objective is to improve the planning, management and
				  evaluation capabilities of local education institutions in order that limited
				  resources are used efficiently and effectively in achieving intended
				  objectives.
(b)
Specific activities.
(1)
				Performance indicators in education (PIE).
(i)
				To continue the dissemination of the PIE report at the district level and
				extend reporting to the school building level.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Data file maintenance, analyses, and report
							 production.
Annual District PIE Report January 1978
Building Level PIE Report May 1977; January 1978
2. Provide consultation to both department and local
							 district staffs.
Ongoing
3. Conduct research on selected school processes.
Ad hoc reports: intermittent
4. Analyze, interpret and translate outcomes.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.28 - Program for strengthening leadership resources of State educational agencies-activity G

Current through Register Vol. 46, No. 28, July 10, 2024
Expanding educational opportunities.
(a)
Specific objective.
The objective is to promote and encourage the expansion of
				  educational opportunities in order to continuously anticipate and meet the
				  diverse and changing needs of individuals in New York State.
(b)
Specific activities.
(1) Support for educational exchange and
				comparative education.
(i) Serving as a
				clearinghouse for information on teacher exchange, student travel, and study
				abroad programs for all local school districts in New York State.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Inclusion in newsletters and announcements of
							 relevant information and by personal correspondence.
Mailings to all local school districts and relevant
							 supervisors
(ii)
				Assisting local community leaders in developing a knowledge of other peoples
				and nations.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Programming foreign visitors to localities for
							 varying lengths of time.
An estimated 500 will be programmed by June 1978
2. Working with established local community groups to
							 develop public awareness of major global issues.
Organization of at least one conference for this
							 purpose
3. Serving as a liaison with national agencies in
							 promoting international exchange and training programs.
Joint projects will be initiated through the National
							 Council for Community Services
4. Strengthening the department's knowledge of foreign
							 educational practices.
Exchange of instructional material with other nations,
							 reviewing materials in foreign area studies produced by other units hosting an
							 anticipated 200 foreign visitors who will come to observe department
							 activities
(iii) Fostering an intercultural dimension in
				local schools and in government with person-to-person programs.
Work tasks
Anticipated accomplishments or
							 products-due date
1. Cooperating in student exchange programs.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.29 - Funds

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of funds necessary to fulfill each of the
				  objectives listed in sections
				  2302.22 
				  -2302.28 of this Part is provided in this section. Also where there is an
				  intention to contract, this is indicated.
Amount of Funds
								Required
Intention to
							 Contract
Activity A
$ 482,722
No
Activity B
390,251
Yes
Federal Relations Office
Purpose-Rental of office space in Washington, D.C. for
							 the purpose of liaison and coordination of State education agency with Federal
							 agencies and officials.
Performer-Council of Chief State School Officers
Amount-$18,150
Mechanization of Federal bookkeeping
Purpose-To provide for the machine accounting of
							 Federal funds provided to LEA's.
Performer-Burroughs Corp.
Amount-$8,796
Activity C
147,240
No
Activity D
214,624
No
Activity E
398,784
No
Activity F
790,428
No
Activity G
312,641
No
Total
$2,736,690
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.30 - Program for supplementary educational centers and services; nutrition and health; and dropout prevention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Handicapped Children.
(1) Objectives:
(i) To locate and diagnose handicapped
				children, ages 3 to 21 who are not receiving educational services and to
				develop educational programs to meet their needs;
(ii) To develop pupil and program
				accountability systems which assist school districts in determining the
				effectiveness of its educational programs for handicapped children.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.31 - Assurance, fund distribution-part c

Current through Register Vol. 46, No. 28, July 10, 2024
The State Education Department assures that funds it receives
				  from appropriations made under section 401(b) of title IV of the Elementary and
				  Secondary Education Act will be distributed among local educational agencies on
				  an equitable basis recognizing the competitive nature of grant-making. Further,
				  the State Education Department will provide assistance in formulating proposals
				  and in operating programs to local educational agencies which are less able to
				  compete due to small size or lack of local financial
				  resources.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.32 - Criteria for fund distribution of new multi-year and continuation grants-part c

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Category
				I--Criteria for screening.
(1) The project
				was postmarked on or before the due date;
(2) The project contains all essential parts,
				including (a) original copy, original signature of authorized official,
				(appropriate number of copies), signed assurances, approval by the Board of
				Education, data information, narrative, supporting documentation and
				appropriate budget forms; and
(3)
				Nonpublic involvement or sign-off per instructions are followed.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.33 - Provisions of technical services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following are the specific criteria
				which the State Educational Agency has developed and will apply to provide
				assistance in formulating proposals and in operating programs to local
				educational agencies which are less able to compete for Part C funds due to
				small size or lack of financial resources.
(b) Special additional assistance-in
				substantially greater degree than to other districts-in becoming familiar with
				grant priorities and procedures, in planning proposals, and in preparing
				applications will be provided by the State Education Department personnel and
				by optional education program field representatives to districts unable to
				compete due to small size or lack of financial resources and in counties of the
				State where few if any proposals have been submitted or funded in the previous
				year.
(c) The criteria to qualify
				for this aid are that such districts must have:
EITHER
1975-1976 Enrollment less than 1500 pupils and full valuation
				  for
1975-76 aid less than $25,000 per pupil;
OR
Any enrollment and full valuation less than $20,000 per
				  pupil;
AND
Received no title III or title IV-C grant
				  previously.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.34 - Adoption of innovative programs

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures and calendar which will be established and
				  followed for the adoption of promising educational practices begin with:
(a) Goals. Collectively, our department
				activities and those of USOE are directed at the general goal of assisting
				districts in the identification of priority needs and assisting them to fund
				and adopt proven programs and practices in an efficient manner. An overall goal
				to which each of the above parts contributes is a more effective use of seed
				money through a wider adoption of successful programs and fewer attempts by
				many districts to invent the same wheel. This goal includes the following
				objectives:
(1) To identify and assign
				priorities among educational needs in individual districts and in New York
				State. Given the present State priorities as contained in commissioner's and
				regents priorities and goals as well as program and budget priorities,
				continuous revision is made necessary by annual statewide collection of data
				from public and nonpublic school districts;
(2) To identify sites where programs have
				been developed that successfully address those needs and to develop or
				encourage to be developed, new programs aimed at those needs in programs
				developed under part C grants, and greatly increase the emphasis on
				practicality and low-cost replicability;
(3) To systematically collect specific and
				valid information about those programs (for example: cost, objectives, results,
				activities, exportability, critical factors);
(4) To disseminate this information to school
				districts in New York State;
(5) To
				encourage via request-for-proposal the adoption of successful programs by other
				school districts having related educational needs;
(6) To provide assistance to school districts
				as they adopt or adapt these programs.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXI - Annual Program Plans › Part 2302 - Fiscal Year 1978 Annual Program Plan For Libraries And Learning Resources And Educational Innovation And Support › Section 2302.36 - Assurance, maintenance of effort-part c

Current through Register Vol. 46, No. 28, July 10, 2024
The State educational agency assures that the aggregate
				  amount to be expended per student or the aggregate expenditure by the State,
				  its local educational agencies, and private schools in the State from funds
				  derived from non-Federal sources for programs described in section 431(a) of
				  the Elementary and Secondary Education Act for the preceding fiscal year were
				  not less than the amount per student or the aggregate expenditure for the
				  second preceding year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2400 - General Purposes And Definitions › Section 2400.1 - General purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The purposes of the corporation are:
(a) to improve postsecondary educational
				  opportunities of eligible students through centralized administration of New
				  York State financial aid and loan programs; and
(b) to coordinate the State's administrative
				  effort in student financial aid and loan programs with those of other levels of
				  government; and
(c) to award
				  tuition assistance program awards to undergraduate students attending
				  educational institutions in accordance with paragraphs b and b-1 of subdivision
				  4 of section 661  of the Education Law and the provisions
				  of this Chapter. Students who are enrolled in a program registered by the
				  commissioner pursuant to Part 52 of this Title shall not be eligible for awards
				  under this Chapter unless such program is ineligible for tuition assistance
				  program awards under the regulations of the commissioner. The regulations
				  contained in Chapter XX and Subpart 145-2 of this Title shall not apply to the
				  tuition assistance program described in this Chapter except as otherwise
				  provided.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2401 - Public Access To Records › Section 2401.1 - Duties of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
In furtherance of his responsibilities under this Part, the
					 records access officer shall have all the duties as defined in section
					 2002.2 
					 of this Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2401 - Public Access To Records › Section 2401.3 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  denied access to records may, within 30 days, appeal, in writing, such denial
				  to the president or the designee of the president.
(b) The president or the designee of the
				  president shall, within seven business days, respond to such appeal by:
(1) fully explaining, in writing, the reasons
				  for further denial of such request; or
(2) notifying, in writing, of the intention
				  of the corporation to provide access to the records sought.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2401 - Public Access To Records › Section 2401.4 - Personal privacy protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General provisions.
The corporation shall maintain in its records only such
					 personal information that is relevant and necessary to accomplish a purpose of
					 the corporation required by statute or executive order, or to implement a
					 program specifically authorized by law. Personal information will be collected,
					 whenever practicable, directly from the person to whom the information
					 pertains, and the corporation shall seek to ensure that all records pertaining
					 to individuals are accurate, relevant and complete.
(b)
Definitions.
As used in this section, the following terms shall have the
					 following meanings, unless otherwise specified:
(1)
Data subject
shall mean
				  any natural person about whom personal information has been collected by an
				  agency.
(2)
Personal
				  information
means any information concerning a data subject which,
				  because of name, number, symbol mark or other identifier can be used to
				  identify that data subject.
(3)
Record
means any item collection or grouping of personal
				  information about a data subject which is maintained and is retrievable by use
				  of the name or other identifier of the data subject. The term record shall not
				  include personal information which is not used to make any determination about
				  the data subject if it is:
(i) any
				  compilation of information containing names and addresses only which is used
				  exclusively for the purpose of mailing agency information;
(ii) personal information required by law to
				  be maintained, and required by law to be used, only for statistical research or
				  reporting purposes;
(iii)
				  information requested by the agency which is necessary for the agency to answer
				  unsolicited requests by the data subject for information; or
(iv) correspondence files.
(4) System of records. The term
system of records
means any group of records under the actual
				  or constructive control of any agency pertaining to one or more data subjects
				  from which personal information is retrievable by use of the name or other
				  identifier of a data subject.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2402 - Procedures For Declaratory Ruling › Section 2402.1 - Petition for declaratory ruling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Petitions for discretionary issuance of a
				  declaratory ruling concerning the applicability to any person, property or
				  state of facts of any rule, regulation or statute which the corporation
				  enforces may be filed by any person.
(b) Such petition shall be in writing,
				  setting forth in a concise manner the state of all pertinent facts, the rule,
				  regulation or statute to be ruled upon, and shall be signed under oath by the
				  petitioner, verifying all facts alleged in the petition. The petition shall set
				  forth the nature of the petitioner's interest in the question to be determined
				  and shall include accurate copies of all documents and supporting materials.
				  When the question to be determined pertains to only one aspect of a larger
				  transaction or fact situation, all relevant facts with respect to the larger
				  transaction or fact situation shall be submitted.
(c) Petitions shall be addressed and mailed
				  to the office of counsel to the corporation, return receipt requested. The
				  counsel shall review such petitions and recommend to the president:
(1) that a declaratory ruling be
				  made;
(2) that the petition
				  received is incomplete and must be completed before a decision can be made as
				  to the issuance of a declaratory ruling; or
(3) that a declaratory ruling should not be
				  made, specifying the reasons for such recommendation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.1 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In an
				  adjudicatory proceeding, all parties shall be afforded an opportunity for
				  hearing with reasonable time.
(b)
				  All parties shall be given reasonable notice of such hearing, which notice
				  shall include:
(1) a statement of the time,
				  place and nature of the hearing;
(2) a statement of the legal authority and
				  jurisdiction under which the hearings is to be held;
(3) a reference to the particular sections of
				  the statutes and rules involved, where possible;
(4) a short and plain statement of matters
				  asserted. Upon application of any party, a more definite and detailed,
				  statement shall be furnished whenever the corporation finds that the statement
				  is not sufficiently definite or not sufficiently detailed.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.2 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record in
				  an adjudicatory proceeding shall include:
(1)
				  all notices, pleadings, motions, intermediate rulings;
(2) evidence presented;
(3) a statement of matters officially noticed
				  except matters so obvious that a statement of them would serve no useful
				  purpose;
(4) questions and offers
				  of proof, objections thereto, and rulings thereon;
(5) proposed findings and exceptions, if
				  any;
(6) any decision,
				  determination, opinion, order or report rendered.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.3 - Presiding officers

Current through Register Vol. 46, No. 28, July 10, 2024
The president or one or more persons designated and
					 empowered by the corporation to conduct hearings may be presiding officers.
					 Such persons so designated and empowered may be independent contractors or
					 officers or employees of the corporation or governmental hearing officers.
					 Whenever a presiding officer is disqualified or it becomes impractical for such
					 officer to continue the hearing, another presiding officer may be assigned to
					 continue with the case unless it is shown that substantial prejudice to the
					 party will result therefrom.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.4 - Powers of presiding officers

Current through Register Vol. 46, No. 28, July 10, 2024
Presiding officers are authorized to:
(a) Administer oaths and
				  affirmations.
(b) Sign and issue
				  subpoenas in the name of the corporation, requiring attendance and giving
				  testimony by witnesses and the production of books, papers and other
				  documentary evidence and said subpoenas shall be regulated by the Civil
				  Practice Law and Rules.
(c) Provide
				  for the taking of testimony by deposition.
(d) Regulate the course of the hearings, set
				  the time and place for continued hearings, and fix the time for filing of
				  briefs and other documents.
(e)
				  Direct the parties to appear and confer to consider the simplification of the
				  issues by consent of the parties.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.5 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
The presiding officer may provide for discovery and
					 depositions to the extent and in the manner appropriate to its
					 proceedings.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.6 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Irrelevant or
				  unduly repetitious evidence or cross-examination may be excluded. Except as
				  otherwise provided by statute, the burden of proof shall be on the party who
				  initiated the proceeding. No decision, determination or order shall be made
				  except upon consideration of the record as a whole or such portion thereof as
				  may be cited by any party to the proceeding and as supported by and in
				  accordance with substantial evidence. The corporation need not observe the
				  rules of evidence observed by courts, but shall give effect to the rules of
				  privilege recognized by law. Objections to evidentiary offers may be made and
				  shall be noted in the record. Subject to these requirements, the corporation
				  may, for the purpose of expediting hearings, and when the interests of parties
				  will not be substantially prejudiced thereof, adopt procedures for the
				  submission of all or part of the evidence in written form.
(b) All evidence, including records and
				  documents in the possession of the corporation of which it desires to avail
				  itself, shall be offered and made a part of the record, and all such
				  documentary evidence may be received in the form of copies or excerpts, or by
				  incorporation by reference. In case of incorporation by reference, the
				  materials so incorporated shall be available for examination by the parties
				  before being received in evidence.
(c) A party shall have the right of
				  cross-examination.
(d) Official
				  notice may be taken of all facts of which judicial notice could be taken and of
				  other facts within the specialized knowledge of the agency. When official
				  notice is taken of a material fact not appearing in the evidence in the record
				  and of which judicial notice could not be taken, every party shall be given
				  notice thereof and shall on timely request be afforded an opportunity prior to
				  decision to dispute the fact or its materiality.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.7 - Decisions, determinations and orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A final decision, determination or order
				  adverse to a party in an adjudicatory proceeding shall be in writing or stated
				  in the record and shall include findings of fact and conclusions of law or
				  reasons for the decision, determination or order. Findings of fact, if set
				  forth in statutory language, shall be accompanied by a concise and explicit
				  statement of the underlying facts supporting the findings. If a party submits
				  proposed findings of fact, the decision, determination or order shall include a
				  ruling upon each proposed finding. A copy of the decision, determination or
				  order shall be delivered or mailed forthwith to each party and to his attorney
				  of record.
(b) A decision made by
				  the president acting as the presiding officer or upon a recommendation made by
				  a presiding officer shall become final as so ordered.
(c) Unless required for the disposition of ex
				  parte matters authorized by law, members or employees of the corporation
				  assigned to render a decision or to make findings of fact and conclusions of
				  law in an adjudicatory proceeding shall not communicate, directly or
				  indirectly, in connection with any issue of fact, with any person or party,
				  nor, in connection with any issue of law, with any party or his representative,
				  except upon notice and opportunity for all parties to participate. Any such
				  corporation member:
(1) may communicate with
				  other members of the corporation; and
(2) may have the aid and advice of
				  corporation staff other than staff which has been or is engaged in the
				  investigative or prosecuting functions in connection with the case under
				  consideration or factually related case.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2403 - Hearing Procedures › Section 2403.8 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person compelled to appear in person or who voluntarily
					 appears before the corporation shall be accorded the right to be accompanied,
					 represented and advised by counsel. In a proceeding before the corporation,
					 every party or person shall be accorded the right to appear in person or by or
					 with counsel. Nothing in this section shall be construed either to grant or to
					 deny to any person who is not a lawyer the right to appear for or represent
					 others before the corporation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter XXII - Additional Institutional Participation In The Tuition Assistance Program › Subchapter A - Administration › Part 2404 - Suspension And Limitation Of Awards Participation › Section 2404.1 - Possible sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Limitations. A limitation on an eligible institution's participation in the
				  award program may include any of the following:
(1) The termination of any prepayment
				  arrangement made with the institution.
(2) The requirement that the institution
				  furnish a bond or an undertaking as a condition of continued eligibility for
				  the award program, the amount and terms of such to be determined by the
				  president.
(3) The requirement that
				  the institution refund overpaid amounts to the corporation, or begin a
				  repayment plan for such amounts, or establish an escrow account with the
				  corporation, the terms and amounts of such plan or account to be determined by
				  the president.
(4) The requirement
				  that payments or prepayments of awards be made in installments, in trust, or
				  under such other terms and conditions as the president may deem necessary to
				  assure such payments or prepayments shall be expended consistent with statutory
				  and regulatory requirements or shall be available for application to the
				  payment of refunds due.
(5) The
				  requirement that the institution comply with cease and desist orders or
				  mandatory administrative directions issued by the corporation.
(6) Such other requirements or conditions as
				  the president or a presiding officer may determine:
(i) are reasonable and appropriate as a
				  direct means of correcting a violation of applicable laws, regulations or
				  agreements; and
(ii) will promote
				  the purposes of the program provided for in this Chapter.