AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

            Pursuant to section 207 of the Education Law and sections 57.19, 57.25 and 57.9 of the Arts and Cultural Affairs Law

Title 8 of the New York Codes, Rules and Regulations is amended by: amending section 185.5; adding a new section 185.15; and by adding a new Appendix L.  Rule text for sections 185.5 and 185.15 follows:

Section 185.5. Issuance of Records retention and disposition schedules

(a) The following records retention and disposition schedules issued by the Commissioner of Education prior to [March 9, 1990] August 1,  2020, and adopted by resolution of the governing body of a local government, may continue to be used by that local government to legally dispose of records after [March 9, 1990] August 1, 2020 in accordance with section 57.25 of the Arts and Cultural Affairs Law, until superseded pursuant to subdivision (b) of this section. All of the schedules are published by The University of the State of New York, The State Education Department, Albany, NY 12234, and are available at the State Archives, 9A47 Cultural Education Center, Albany, NY 12230:

(1) records retention and disposition schedule MU-1 (1988; rev. 2003), as set forth in section 185.11 of this Part and Appendix H of this Title, for cities, towns, villages and fire districts;

(2) records retention and disposition schedule MI-1 (1988; rev. 2006), as set forth in section 185.14 of this Part and Appendix K of this Title, for all local governments except those covered by records retention and disposition schedules CO-2, MU-1 and ED-1;

(3) records retention and disposition schedule ED-1 (1988; rev. 2004), as set forth in section 185.12 of this Part and Appendix I of this Title, for school districts, boards of cooperative educational services, teacher resource and computer training centers and county vocational education and extension boards[.];

(4) records retention and disposition schedule CO-2 (1990; rev. 2006), as set forth in section 185.13 of this Part and Appendix J of this Title, for records of counties.

(b) The following records retention and disposition schedule, issued by the Commissioner of Education in accordance with section 57.25 of the Arts and Cultural Affairs Law, shall be adopted no later than January 1, 2021 by the governing body of each affected local government. Upon adoption, such schedule shall supersede the retention and disposition schedules listed in subdivision (a) of this section. This schedule is published by The University of the State of New York, The State Education Department, Albany, NY 12234, and is available at the State Archives, 9A47 Cultural Education Center, Albany, NY 12230:

(1) records retention and disposition schedule [CO-2 (1990; rev. 2006)] for New York local government records (LGS-1), as set forth in section [185.13]185.15 of this Part and Appendix [J]L of this Title, is adopted for records of cities, towns, villages, fire districts, counties, school districts, boards of cooperative educational services, teacher resource and computer training centers, county vocational education and extension boards, and other local governments.

(c) Notwithstanding any other provision of this section to the contrary, a local government may adopt and use a records retention and disposition schedule or individual schedule items in lieu of or in conjunction with a schedule issued by the commissioner provided that the consent of the commissioner is obtained pursuant to this subdivision. The commissioner may grant such consent upon a finding that the local records retention and disposition schedule or schedule item(s) is substantially equivalent to the applicable schedule(s) issued by the commissioner or meets standards of the commissioner as specified in section 185.4 of this Part. Such consent shall remain in effect until the commissioner withdraws permission to use the schedule or the local government indicates it is no longer using the schedule.

Section 185.15. Records retention and disposition schedule LGS-1, 2020 (see Appendix L of this Title)