Meeting of the Board of Regents | October 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner Relating to the Conduct of Charter School Public Hearings
DATE:	October 10, 2007
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Decision (Consent Agenda)

 

Should the Board of Regents adopt as a permanent rule the proposed amendment of section 119.4 of the Regulations of the Commissioner to establish procedures for the conduct of public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of the charter for a charter school pursuant to Education Law section 2857(1), as amended by the 2007-08 State Budget (Section 7, Part D-2 of Chapter 57 of the Laws of 2007)?

 

Reason(s) for Consideration

 

              Implementation of Regents Policy.

Proposed Handling

 

The proposed amendment was adopted as an emergency measure at the July Regents meeting and will come before the Board of Regents in October for adoption as a permanent rule.  A second emergency adoption is also necessary at the October meeting to ensure that the July emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule.  A statement of the facts and circumstances which necessitate emergency action is attached. 

 

 

Procedural History

 

The proposed amendment was adopted at the July 25, 2007 Regents meeting as an emergency measure, effective July 31, 2007.  A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.  An Assessment of Public Comment is attached.

 

Background Information

 

Education Law section 2857, as amended by the 2007-08 State Budget  (Section 7, Part D-2 of Chapter 57 of the Laws of 2007), requires school districts to hold a public hearing to solicit comments from the community in connection with the issuance, revision, or renewal of a charter for a charter school. It further requires the Board of Regents to hold such hearings if the affected school district fails to do so. Prior to enactment of Chapter 57 of the Laws of 2007, school districts had the option of holding such hearings. Beginning July 1, 2007, such hearings will be required.  The proposed amendment will establish:

 

        (1)   uniform requirements for all districts regarding the time period in which such hearings must be held, including when a revision involves the relocation of a charter school to a different school district;

          (2)   a requirement to hold such hearings in the community potentially impacted by the proposed action or charter school;

          (3)   the date by which the school district shall provide written confirmation to both the charter school’s charter entity and the Department that the hearing was held, along with the date and time of the hearing; and

        (4)   the timeframe during which the district shall submit copies of any and all written records or comments generated from the hearing, if any, to the charter school’s charter entity and the Department.

 

Recommendation

 

Staff recommends that the Regents take the following action:

 

VOTED:  That section 119.4 of the Regulations of the Commissioner of Education be added, as submitted, effective November 15, 2007, and it is further

 

VOTED:  That section 119.4 of the Regulations of the Commissioner of Education be added, as submitted, effective October 29, 2007, 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 ensure that the emergency rule adopted at the July Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

 

Timetable for Implementation

 

              The proposed amendment was adopted as an emergency measure at the July Regents meeting, effective July 31, 2007.  The July emergency rule will expire on October 28, 2007.  The second emergency action will become effective on October 29, 2007.  The permanent adoption of the amendment will become effective November 15, 2007.

 

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED PROMULGATION OF SECTION 119.4 OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTIONS 101, 206, 207, 305  AND 2857 AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO CHARTER SCHOOL PUBLIC  HEARINGS

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

              The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1).

              Effective July 1, 2007, Education Law section 2857(1) was amended by section 7 of Part D-2 of Chapter 57 of the Laws of 2007 to require, among other things, school districts in which charter schools are located to hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school’s charter. 

              The proposed rule was adopted at the July 25, 2007 Regents meeting as an emergency measure, effective July 31, 2007, in order to immediately establish procedures for the conduct of charter school public hearings pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, so that school districts may timely conduct such hearings pursuant to statutory requirements during the 2007-2008 school year.  A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.

              The proposed rule has been adopted as a permanent rule at the October 22-23, 2007 Regents meeting.  Pursuant to the State Administrative Procedure Act section 203(1), the earliest the adopted rule can become effective is upon its publication in the State Register on November 14, 2007.  However, the July emergency rule will expire on October 28, 2007, 90 days after its filing with the Department of State on July 31, 2007.  A lapse in the rule's effectiveness could delay the scheduling and/or disrupt the conducting of charter school public hearings pursuant to Education Law section 2857(1-a) .

              A second emergency adoption is therefore necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the July Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

 

               

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 101, 206, 207, 305 and 2857 of the Education Law and Chapter 57 of the Laws of 2007

              Section 119.4 of the Regulations of the Commissioner of Education is added, effective October 29, 2007, as follows:

§119.4 Hearings prior to the issuance, revision, or renewal of a charter school pursuant to Education Law section 2857(1).

              Within thirty days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the foregoing.  Such hearing shall be held within the community potentially impacted by the proposed action or charter school.  When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such thirty-day period.  The school district shall, at the time of its dissemination, provide the State Education Department with a copy of the public hearing notice.  The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing.  In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within 15 business days of the hearing.

PROPOSED PROMULGATION OF SECTION 119.4 OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTIONS 101, 206, 207, 305  AND 2857 AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO CHARTER SCHOOL PUBLIC  HEARINGS

ASSESSMENT OF PUBLIC COMMENT

              A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.  The State Education Department received the following comment:

COMMENT: 

              One commenter expressed concerns about the hearing requirements in proposed section 119.4 and suggested that language be added to the regulation to ensure that an application for the formation, revision or renewal of a charter school and/or its charter not be delayed or denied should a hearing not be held.   

DEPARTMENT RESPONSE: 

              No revision to the proposed regulation is necessary.  The hearing requirements in section 119.4 are consistent with Education Law §2857.  The hearings required by Education Law §2857 ought to be held in time to inform a charter entity regarding its decision to approve or deny an application for the formation of a new charter school and/or the renewal or revision of an existing charter school or charter.  The process and timelines established by this regulation help to ensure that charter entities will be so informed.