Rule Making Activitiess

Subject: Flexibilities for supplementary certificate/supplementary bilin- gual education extension requirements. Purpose: To extend flexibility for the Supplementary Bilingual Education Extension requirements in response to the influx of recently arrived and asylum-seeking students through August 31, 2025.

Subject: Extending Flexibility for Incidental Teaching. Purpose: Enable school districts to address ongoing staffing challenges by providing them with flexibility in making teaching assignments.

Subject: Completion of the free application for Federal Student Aid (FAFSA) by seniors enrolled in school district. Purpose: To implement section 1 of part C of chapter 56 of the Laws of 2024.

Subject: Authorization of degrees. Purpose: Adds the Doctor of Acupuncture Degree as a registered degree in New York State.

Subject: Certification examination requirements and waiver options. Purpose: Allow candidates to meet examination requirements in various ways and establish waiver options for certain certificates.

Subject: District superintendents. Purpose: To clarify the responsibilities and employment conditions for district superintendents.

Subject: Requires a doctoral degree in physical therapy for licensure. Purpose: To conform the commissioner’s regulations to chapter 594 of the Laws of 2023.

Subject: Supervisor requirements for wholesalers transfilling medical oxygen. Purpose: To implement chapter 590 of the Laws of 2023.

Subject: Special education due process hearings. Purpose: To clarify that parents of students who are parentally-placed in nonpublic schools do not have the right under Education Law § 3602-c to file a due process complaint regarding whether a rate charged by a licensed provider is consistent with the program in a student’s IESP or aligned with the current market rate for such services.

Subject: Special education due process hearings.

Subject: Posthumous high school diplomas. Purpose: To allow school districts, registered nonpublic schools, and charter schools, at the request of the student’s parent or person in parental relation, the ability to confer a high school diploma on a deceased student if the student was enrolled in the school or district at the time of death.

Subject: Extending the validity period of Emergency COVID-19 certificates. Purpose: To extend the expiration date of any currently valid Emergency COVID-19 certificates by one additional year to August 31, 2025, allow- ing candidates extra time to complete the examination requirement(s) for their certificate and progress to the next level certificate.

Subject: Special education due process hearings. Purpose: To clarify that parents of students who are parentally-placed in nonpublic schools do not have the right under Education Law § 3602-c to file a due process complaint regarding the rate at which a provider shall be reimbursed for the implementation of services recommended on an Individualized Education Services Plan (IESP).

Subject: Flexibilities for supplementary certificate/supplementary bilin- gual education extension requirements. Purpose: To extend flexibility for the Supplementary Bilingual Education Extension requirements in response to the influx of recently arrived and asylum-seeking students through August 31, 2025.

Subject: Extending Flexibility for Incidental Teaching. Purpose: Enable school districts to address ongoing staffing challenges by providing them with flexibility in making teaching assignments.

Subject: Completion of the free application for Federal Student Aid (FAFSA) by seniors enrolled in school districts. Purpose: To implement section 1 of Part C of ch. 56 of the Laws of 2024.

Subject: School safety plans. Purpose: To revise requirements related to emergency procedures.

Subject: Supervisor requirements for wholesalers transfilling medical oxygen. Purpose: To implement Chapter 590 of the Laws of 2023.

Subject: Administration of injectable medications by pharmacists for the treatment of mental health and substance use disorder. Purpose: To implement Chapter 802 of the Laws of 2022, as amended by Chapter 746 of the Laws of 2023.

Subject: Student and parent notification of advanced coursework. Purpose: To implement chapter 355 of the Laws of 2023.

Subject: Albert Shanker National Board for Professional Teaching Stan- dards Certification Grant Program. Purpose: Support NBCT candidates seeking to renew their National Board Certification at the five-year expiration date.

Subject: Dispensing self-administered hormonal contraceptives. Purpose: To implement chapter 128 of the Laws of 2023.

Subject: Requires a doctoral degree in physical therapy for licensure. Purpose: To Conform the Commissioner’s regulations to chapter 594 of the Laws of 2023.

Subject: Administration of injectable medications by pharmacists for the treatment of mental health and substance use disorder. Purpose: To implement chapter 802 of the Laws of 2022, as amended by chapter 746 of the Laws of 2023.

Subject: Eligibility Criteria for state financial aid, including the tuition as- sistance program (TAP). Purpose: To provide flexibility for students who have lost state financial aid eligibility due to certain circumstances beyond the student’s control, such as the student having earned advanced placement or other college credits in high school, having transferred into the institution, encountering obstacles posed by course sequence requirements, or changing majors.

Subject: Dispensing self-administered hormonal contraceptives. Purpose: To implement chapter 128 of the Laws of 2023.

Subject: Albert Shanker National Board for Professional Teaching Stan- dards Certification Grant Program. Purpose: Support NBCT candidates seeking to renew their National Board Certification at the five-year expiration date.

Subject: Posthumous high school diplomas. Purpose: To allow school districts, registered nonpublic schools, and charter schools, at the request of the student’s parent or person in parental

Subject: Mixed competition and extra class athletic activities. Purpose: Sets parameters for male and female students to participate on the same interschool athletic team.

Subject: Special education due process hearings. Purpose: To clarify that parents of students who are parentally-placed in nonpublic schools do not have the right under Education Law section 3602-c to file a due process complaint regarding the implementation of services recommended on an IESP.

Subject: Social work and mental health practitioner supervision require- ments, acceptable accrediting bodies for social work education programs, and the social work psychotherapy privilege. Purpose: Amends the supervision requirements for social work and mental health professions To allow the use of secure technology for social work and mental health professions; update the provision regarding acceptable accrediting bodies for social work education programs; and repeals the requirements for the psychotherapy privilege consistent with Chapter 81 of the Laws of 2022.

Subject: General misconduct provisions for the health professions and requirements for histotechnologist licensure. Purpose: To implement section 10 of chapter 446 of the Laws of 2022.

Subject: Education requirements for registration of curricula of licensure qualifying education programs for the professions of clinical laboratory technologist, cytotechnologist, clinical laboratory technician, histotechni- cian, and histotechnologist. Purpose: Conforms the Commissioner’s regulations to chapter 446 of 2022 by establishing registration of curricula requirements that are aligned to the multiple pathways that lead to licensure in the clinical laboratory professions.

Subject: Written informational material for the authorized use of epineph- rine auto-injectors. Purpose: To conform section 136.6 of the Commissioner’s regulations with chapter 422 of the Laws of 2023.

Subject: Execution by RNs of non-patient orders to provide certain emer- gency medical services and administer pregnancy tests. Purpose: To implement chapter 193 of the Laws of 2023.

Subject: Virtual and blended instruction. Purpose: To define the parameters under which a school district, BOCES, charter school, registered nonpublic school, school-age approved special education program (including approved private school for the education of students with disabilities, state-supported school, or state-operated school) or educational program administered or supervised by a state agency may provide virtual instruction.

Subject: Profession of physical therapy assistant. Purpose: To implement chapter 511 of the Laws of 2022 which updated the practice of physical therapy assistants from a credentialed to licensed profession and creating the new legally protected title of “licensed physi- cal therapist assistant.” Text or summary was published in the December 27, 2023 issue of the Register, I.D. No. EDU-52-23-00004-P.

Subject: Examination for a High School Equivalency Diploma. Purpose: Update section 100.7(d) to reflect 4 subject tests in the current GED; remove cumulative score requirement; repeal fee language.

Subject: Charter school financing. Purpose: To update the calculation of aid attributable to students with dis- abilities served in charter schools to reflect current statute; update the charter tuition calculation to reflect current statute; clarify that date utilized for the charter school tuition calculation is based on the electronic data filed produced as of May 15; expand the period during which charter schools must notify the Commissioner of the failure of a school district to fulfill its financial obligation under the Education Law and establish a firm deadline to submit all documentation required by the Commissioner to complete a state aid intercept; and make technical updates.

Subject: Fees for certificates of existence, copies of charter actions and consent to incorporation. Purpose: To require a fee for certificates of existence and copies of charter actions and to update regulatory provisions regarding consent to incorporation.

Subject: Emergency response definitions for school safety plans. Purpose: To standardize language and terminology related to emergency procedures.

Subject: Emergency response definitions for school safety plans. Purpose: To standardize language and terminology related to emergency procedures.

Subject: Supervisor requirements for wholesalers transfilling medical oxygen. Purpose: To implement chapter 590 of the Laws of 2023.

Subject: Provisions for mergers, consolidation, and membership with highly qualified out-of-state institutions of higher education (IHE). Purpose: To eliminate unnecessary hurdles for mergers, consolidation, and membership between in-state independent not-for-profit IHEs and highly qualified out-of-state independent/not-for-profit IHEs.

Subject: General misconduct provisions for the health professions and requirements for histotechnologist licensure. Purpose: To implement section 10 of chapter 446 of the Laws of 2022.

Subject: Written informational material for the authorized use of epineph- rine auto-injectors. Purpose: To conform section 136.6 of the Commissioner’s regulations with chapter 422 of the Laws of 2023.

Subject: Execution by RNs of non-patient orders to provide certain emer- gency medical services and administer pregnancy tests. Purpose: To implement chapter 193 of the Laws of 2023.

Subject: CTE and Media Arts Course flexibility for the IAAP and CTE pathways to high school graduation. Purpose: To provide local discretion on how to distribute credit for media arts courses within a CTE or IAAP sequence.