Report of Regents P-12 Education Committee to The Board of Regents

Your P-12 Education Committee held its scheduled meeting on February 22, 2016.  All members were present, except for Regents Cea and ­­­­­­­­Brown, who were excused.

ACTION ITEMS

Regulations to Allow an Exemption of a Student with a Disability from the Requirement for Instruction in Hands-only Cardiopulmonary Resuscitation and the Use of Automated External Defibrillators [P-12 (A) 1]
Your Committee recommends that a new subparagraph (iv) of paragraph (11) of subdivision (c) of section 100.2 of the Regulations of the Commissioner be added as submitted, effective March 9, 2016; and further that a new subparagraph (iv) of paragraph (11) of subdivision (c) of section 100.2 of the Regulations of the Commissioner be added as submitted, effective February 23, 2016, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately ensure that students identified with a disability that precludes their ability to participate in hands-only CPR and the use of AEDs may continue to be exempted from the instruction requirement in the regulation.

Relating to Transition Ratings for Teachers and Building Principals During the Transition to Higher Standards through New State Assessments aligned to Revised Learning Standards and a Revised State Approved Growth Model [P-12 (A) 2]
Your Committee recommends that sections 30-2.14 and 30-3.17 of the Rules of the Board of Regents be added, effective March 14, 2016, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to timely implement the recommendations of the New York Common Core Task Force Report, by ensuring that State assessments aligned to the Common Core do not have consequences and that they only be used on an advisory basis for teachers and principals and to ensure that the emergency rule adopted at the December 2015 Regents meeting remains continuously in effect until it can be adopted as a permanent rule.

Charter Schools: Merger Revision to Charters Authorized by the Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 3]
Your Committee recommends that the Board of Regents finds that: (1) Achievement First Brooklyn Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Achievement First Brooklyn Charter Schools can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the schools operated by Achievement First Brooklyn Charter Schools, and the Board of Regents therefore approves the charter revision for Achievement First Brooklyn Charter Schools, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) Uncommon New York City Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Uncommon New York City Charter Schools can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the schools operated by Uncommon New York City Charter Schools, and the Board of Regents therefore approves the charter revision for Uncommon New York City Charter Schools, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Regents Chin, Collins, Johnson, Ouderkirk, and Tilles abstained from the vote.

Charter Schools: Revisions to Charters Authorized by the Board of Regents [P-12 (A) 4]
Your Committee recommends that That the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for West Buffalo Charter School and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for Mott Hall Charter School and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for the Buffalo Academy of Science Charter School and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for the Western New York Maritime Charter School and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for Launch Expeditionary Learning Charter School and amends the provisional charter accordingly.

Regents Chin, Collins, Johnson, Ouderkirk, and Tilles abstained from the vote.

Charter Schools: Revisions to Charters Authorized by the Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 5]
Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for DREAM Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for The Equity Project Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for Mott Haven Academy Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves the charter revision for John W. Lavelle Preparatory Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Regents Chin, Collins, Johnson, Ouderkirk, and Tilles abstained from the vote.

MATTERS NOT REQUIRING BOARD ACTION

Academic Intervention Services [P-12 (D) 1] – the Committee discussed previous actions taken by the Board of Regents to continue flexibility in the provisions of Academic Intervention Services (AIS) through the 2015-16 school year.  At the Board’s direction, the Department reached out to stakeholders and districts to get feedback on the effectiveness of AIS to assist in making recommendations to the Board.  Many school districts and stakeholders agree that the provision of AIS should be based on multiple measures and not entirely based on the results of the State assessment. This view is consistent with Recommendation #19 of the Governor’s Common Core Task Force Report released in December 2015 that specifically states, “Prevent students from being mandated into Academic Intervention Services based on a single test.”  Given the Task Force’s recommendation on AIS and the feedback that the Department has received over the past few months on the importance of multiple measures in the decision-making process, the Department has asked districts to share their recommendations on how to incorporate multiple measures into the decision-making process, including parent input, on whether or not a student should receive AIS.  Staff will meet with districts and key stakeholder groups to further discuss options to strengthen AIS services and to determine the use of Response to Intervention (RTI) programs as an effective research-based way to provide AIS to students.  Proposed amendments to regulations will be brought back to the Committee at a future meeting.

Two school district representatives assisted in the presentation to help guide the Board discussion:

• Maureen Patterson, Assistant Superintendent for Curriculum, Instruction and Assessment, Liverpool Central School District.
• Dr. Esther Friedman, Executive Director for Literacy and Academic Intervention Services, New York City Department of Education.

Placement of Students with Disabilities in the Least Restrictive Environment (LRE) [P-12 (D) 2] – staff provided an update on Department actions to ensure that students with disabilities are in high quality inclusive settings to the maximum extent appropriate.  In December, Department staff released a field advisory on LRE providing the State, regional and individual school district data results, proposed next steps, and resources for technical assistance. In January, Department staff continued discussions with District Superintendents. At their request, District Superintendents were provided data from school districts in their respective regions. Staff also provided information and training materials to the Regional Special Education Technical Assistance Centers to be used to engage the field in further regional and local dialogue on the action steps and proposed policy to improve LRE results.  Department staff is seeking public comment on the proposed policy and will engage stakeholders in regional forum discussions. It is anticipated that proposed policy would be presented to the Board of Regents in the fall 2016.

School-Justice Partnerships to Keep Youth in School and Out of Courts [P-12 (D) 3] – the Committee discussed the New York State Permanent Judicial Commission on Justice for Children’s work in regard to the school-justice connection that results in too many school-aged children spending time in court, being suspended or expelled from school, or placed in juvenile justice facilities.  Kathleen DeCataldo, Executive Director of the New York State Permanent Judicial Commission on Justice for Children provided highlights from the Commission’s report, released in May 2013, entitled Keeping Kids In School and Out of Court, by the New York City School-Justice Partnership Task Force. Ms. DeCataldo also discussed other key strategies that enable children to become successful, productive adults.  With the agreement of the Board of Regents, staff will take the following actions to improve outcomes for our students:

• Continue to engage with key stakeholders to promote school-justice partnerships;
• Develop recommendations and more comprehensively deliver technical assistance that will more clearly define uniform discipline policies and practices;
• Assist school districts to implement strategies to reduce the frequency that suspensions and expulsions are used throughout the school year, especially for youth of color, students with disabilities, and English language learners;
• Improve data collection processes to inform decisions on addressing youth-related issues;
• Build frameworks in schools and institute strategies that promote and measure school climate; and
• When funding becomes available, provide professional development for administrators, teachers and community.

Revision and Implementation of New English Language Arts (ELA) and Mathematics Standards [P-12 (D) 4] – the Committee was provided with a timeline for revision and implementation of the new New York State Learning Standards in English Language Arts (ELA) and Mathematics.  As part of the standards review process, the Department has engaged stakeholders and obtained input from parents, educators and communities through the AIMHighNY survey.  Additionally, the New York State English Language Arts and Mathematics Content Advisory Panels (CAPs) reviewed the survey data and made initial recommendations for possible revisions and guidance.  The Department will convene Standards Review Committees in ELA and mathematics beginning in March.  The Board of Regents will be given the opportunity to provide input into the make-up of these committees, including committee members and categories of people included.  The Committees will provide a draft set of standards for ELA and mathematics that will be posted on AIMHighNY for public comment from July-October.  It is anticipated that the revised draft standards will be presented to the Board of Regents for consideration in the fall.

Consent Agenda

The Board of Regents will take action on the following consent agenda item at their February 23, 2016 meeting.

• Petition of the City School District of the City of Utica for Consent to Exceed the Constitutional Debt Limit.