Rule Making Activitiess

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: 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.”

Subject: Non-patient specific orders to administer immunizing agents against respiratory syncytial virus (RSV). Purpose: To allow the execution by registered professional nurses of non- patient specific orders to administer RSV immunizing agents.

Subject: Optometrist’s certification to use topical and oral therapeutic drugs for certain ocular diseases. Purpose: To implement chapter 506 of the Laws of 2021.

Subject: Requirements for clinical education and simulation experience in nursing education program. Purpose: To implement chapter 134 of the Laws of 2023.

Subject: Contracts for excellence and class size reduction in the City School District of the City of New York. Purpose: To implement L. 2022, ch. 556 and L. 2023, ch. 86.

Subject: Certification as a school counselor through individual evaluation. Purpose: To provide two additional options to satisfy the practicum and internship requirement for certification as a school counselor through the individual evaluation pathway.

Subject: Appeals to the Commissioner of Education under Education Law section 310. Purpose: To ensure that the appeals process serves as an expeditious and simple method to address questions re: school administration.

Subject: Supplementary certificate and Supplementary Bilingual Educa- tion extension requirements. Purpose: To provide flexibilities for the Supplementary certificate and Supplementary Bilingual Education extension requirements in response to the influx of recently arrived and asylum-seeking students.

Subject: Rebuilding the Every Student Succeeds Act (ESSA) account- ability system using 2022-2023 and 2023-2024 school year results. Purpose: To align with the approved state plan addendum from the 2021- 2022 school year, the approved amendments to the New York State Consolidated State Plan for the 2023-2024 and 2024-2025 school years, and with provisions related to rebuilding the ESSA accountability system.

Subject: Timeline for initial enrollment or reentry identification and par- ent notification, orientation, and placement of ELLs. Purpose: To provide that the Commissioner may allow school districts to seek an extension of the 10-day timeline for identification and placement of ELLS where exigent circumstances exist.

Subject: Requirements for restricted licenses for clinical laboratory technologists in molecular testing. Purpose: To implement chapter 186 of the Laws of 2023.

Subject: Fees for certificates of existence and 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: Computer science tenure area. Purpose: To extend the dates listed in the computer science tenure regula- tions by one year from September 1, 2023 to September 1, 2024, aligning the date with the Computer Science SOCE application deadline and the date by which teachers of computer science courses need to hold the Com- puter Science certificate or SOCE.

Subject: Regents accreditation. Purpose: To repeal regulatory provisions related to Board of Regents Ac- creditation since the Board is no longer recognized as an institutional ac- crediting agency.

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: 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: 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: The 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.”

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: Delegation of the Board of Regents authority regarding charter revisions. Purpose: To update delegation of authority with respect to the approval of changes to certain charter school revisions.

Subject: Contracts for excellence and class size reduction in the City School District of the City of New York. Purpose: To implement chapter 556 of the Laws of 2022, as amended by chapter 86 of the Laws of 2023.

Subject: Certification as a school counselor through individual evaluation. Purpose: To provide two additional options to satisfy the practicum and internship requirement for certification as a school counselor through the individual evaluation pathway.

Subject: Supplementary certificate and Supplementary Bilingual Educa- tion extension requirements. Purpose: See attached.

Subject: Rebuilding the Every Student Succeeds Act (ESSA) account- ability system using 2022-2023 and 2023-2024 school year results. Purpose: To align with the approved state plan addendum from the 2021- 2022 school year, the approved amendments to the New York State Consolidated State Plan for the 2023-2024 and 2024-2025 school years, and with provisions related to rebuilding the ESSA accountability systems.

Subject: Timeline for initial enrollment or reentry identification and par- ent notification, orientation, and placement of ELLs. Purpose: To provide that the Commissioner may allow school districts to seek an extension of the 10-day timeline for identification and placement of ELLS where exigent circumstances exist.

Subject: Requirements for restricted licenses for clinical laboratory technologists in molecular testing. Purpose: To implement chapter 186 of the Laws of 2023.

Subject: School food service programs and bidding exemptions for purchasing New York State food and milk. Purpose: To implement part OO of chapter 58 of the Laws of 2023.

Subject: Licensure of licensed behavior analysts and certification of behavior analyst assistants. Purpose: To implement Chapter 818 of the Laws of 2021 and Chapter 641 of the Laws of 2022 and align provisions with national standards.

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

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.

Subject: Licensing examinations in the profession of public accountancy. Purpose: To enable the Department to implement CPA Evolution changes, remove flexibilities concerning the 18-month retention period.

Subject: Delegation of the Board of Regents authority regarding charter revisions. Purpose: To update delegation of authority with respect to the approval of changes to certain charter school revisions.

Subject: Registration of curricula and professional study in veterinary medicine. Purpose: Meet workforce challenges without sacrificing educational qual- ity; align requirements to programmatic accreditation standards.

Subject: School food service programs and bidding exemptions for purchasing New York State food and milk. Purpose: To implement part OO of chapter 58 of the Laws of 2023.

Subject: Occupational therapists’ authority to provide treatment for a limited time without a referral. Purpose: To implement section 1 of chapter 601 of the Laws of 2022.

Subject: Academic intervention services. Purpose: To provide flexibility in the identification process for AIS during the 2023-2024 school year and any other year where the results of the grades 3-8 assessments are not provided to schools prior to the beginning of the school year.

Subject: Mental health practitioners’ diagnostic privilege. Purpose: To implement sections 2 and 3 of chapter 230 of the Laws of 2022.

Subject: Licensure of licensed behavior analysts and certification of behavior analyst assistants. Purpose: To implement chapter 818 of the Laws of 2021 and chapter 641 of the Laws of 2022 and align provisions with national standards.

Subject: Non-patient specific orders to administer immunizing agents against respiratory syncytial virus (RSV). Purpose: To allow the execution by registered professional nurses of non- patient specific orders to administer RSV immunizing agents.

Subject: Optometrist’s certification to use topical and oral therapeutic drugs for certain ocular diseases. Purpose: To implement chapter 506 of the Laws of 2021.