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

The P-12 Education Committee held its scheduled meeting on June 12, 2023. All members were present with the exception of Vice Chancellor Josephine Victoria Finn.

Chancellor Lester W. Young, Jr, Regent Catherine Collins, Regent Luis O. Reyes, and Regent Susan W. Mittler also attended the meeting but did not vote on the action items.

ACTION ITEMS

Proposed Amendment of Section 151-1.3 of the Regulations of the Commissioner of Education Relating to the Universal Pre-Kindergarten Program (UPK) Staffing Qualifications [P12 (A) 1 - REVISED] - Department staff presented proposed amendments to section 151-1.3(e) of the Commissioner’s regulations for emergency adoption to change the date by which school districts must submit a waiver that would allow personnel employed by an eligible agency that is collaborating with such district to provide prekindergarten services to meet the staff qualifications prescribed by the licensing or registering agency from August first to September first of the current school year.  

The Committee recommends that the Board of Regents finds that section 151-1.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 16, 2023, as an emergency rule upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to immediately conform the Commissioner’s regulations to Part A of Chapter 56 of the Laws of 2023.

The motion passed unanimously.

Proposed Amendment of Section 136.5 of the Regulations of the Commissioner of Education Relating to Requiring Non-public Schools to Follow Concussion Management Protocols [P12 (A) 2] - Department staff presented proposed amendments to the Commissioner’s regulations implementing Chapter 617 of the Laws of 2022 which requires non-public schools to follow the same rules and regulations on concussion management protocols as public schools. 

The Committee recommends that the Board of Regents finds that section 136.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 1, 2023, as an emergency action, upon the finding by the Board of Regents that such action is necessary for the preservation of the public health, safety, and general welfare in order to timely implement Chapter 617 of 3

The motion passed unanimously.

Renewal Recommendations for Charter Schools Authorized by the New York City Department of Education [P12 (A) 3] - Department and NYCDOE staff presented recommendations for charter renewals from the NYC DOE Chancellor. The NYC DOE Chancellor recommended that the Board of Regents approve charter renewals for the following charter schools authorized by the NYC DOE Chancellor pursuant to Article 56 of the Education Law (the NYS Charter Schools Act):

• Bronx Academy of Promise Charter School (NYC CSD 9) – (Five-year renewal with decrease in authorized enrollment from 815 to 615 and a revised mission statement); and
• VOICE Charter School of New York (NYC CSD 30) – (Three-year renewal).

The Committee recommends that the Board of Regents finds that Bronx Academy of Promise Charter School (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of Bronx Academy of Promise Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that VOICE Charter School of New York (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of VOICE Charter School of New York as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2026.

The motion passed. Regent Cashin and Regent Tanikawa opposed.

Renewal Recommendations for Charter Schools Authorized by the Trustees of the State University of New York [P12 (A) 4 - REVISED] - Department staff recommended that the Board of Regents send the following proposed charters back with comments for SUNY’s reconsideration:   

• Bronx Charter School for Better Learning II (NYC CSD 11) (Three-year early renewal term from 2025 to 2028 to align its charter term with the education corporation and Bronx Charter School for Better Learning – current expiration 7/31/25);
• Harlem Village Academy East Charter School (NYC CSD 4) (Three-year early renewal term from 2025 to 2028 to align its charter term with the affiliated education corporation, Harlem Village Academy West Charter School and its charters – current expiration 7/31/25); and
• Harlem Village Academy West 2 Charter School (NYC CSD 5) (Four-year renewal term from 2024 to 2028 to align its charter term with the education corporation and Harlem Village Academy West Charter School – current expiration 7/31/24).

The Committee recommends that the Board of Regents return the proposed charters for Bronx Charter School for Better Learning II, Harlem Village Academy East Charter School, and Harlem Village Academy West 2 Charter School to the Trustees of the State University of New York for reconsideration, with the following comment and recommendation, “Approving the renewal of any charter school years before the expiration of the charter does not allow timely review of the school’s educational and fiscal soundness; community support; legal compliance; or means by which the school will meet or exceed enrollment and retention targets for students with disabilities, English language learners, and students who are economically disadvantaged. The charters should be abandoned, and the schools should be directed to resubmit an application no earlier than one year prior to the expiration of the charter terms. While we believe SUNY’s continued practice of approving early renewals violates both the spirit and intent of the Charter Schools Act, and is contrary to the established practices of every other authorizer in the state, the law, in its present form, prevents the Regents from taking action to end the practice. Over the past six years, SUNY has repeatedly disregarded Regents’ objections on this matter.

The motion passed unanimously.

Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P12 (A) 6] - Department staff presented recommendations for charter renewals. NYSED recommended that the Board of Regents approve charter renewals for the following charter schools authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• Charter High School for Law and Social Justice (NYC CSD 10) – (Four-year renewal-and revisions to amend its Key Design Elements, increase the school’s authorized enrollment from 450 students to 475 students in Grades 9-12, and eliminate the requirement to contract with a CMO and allow the school to replace its current contract with Shared Space Professional Development, Inc. (SSPD) with a partnership contract with SSPD for professional development beginning in the 2023-2024 school year);  
• Collegiate Academy for Mathematics and Personal Awareness Charter School (NYC CSD 19) – (Four-year renewal);
• Edmund W. Gordon Brooklyn Laboratory Charter School (NYC CSD 13) – (Three-year renewal and a revision to decrease its grade span to remove Grades 9 through 12 from its current Grade 6 through 12 configuration beginning in the 2023-2024 school year); 
• Emblaze Academy Charter School (NYC CSD 8) – (Three-year renewal and a revision to decrease its enrollment from 360 students to 300 students);
• John W. Lavelle Preparatory Charter School (NYC CSD 31) – (Four-year renewal and revisions to amend its Key Design Elements);
• Lois and Richard Nicotra Early College Charter School (NYC CSD 31) – (Four-year renewal and revisions to amend its Key Design Element);  
• Math, Engineering, and Science Academy Charter High School (NYC CSD 32) – (Five-year renewal);
• New Visions Charter High School for Advanced Math and Science III (NYC CSD 22) – (Five-year renewal and a revision to decrease its authorized enrollment from 500 students to 430 students);
• New Visions Charter High School for the Humanities II (NYC CSD 8) – (Five-year renewal);
• OnTECH Charter High School (Syracuse City School District) – (Four-year renewal and revisions to decrease its enrollment from 360 students to 300 students and, amend the Brain-Based Learning Key Design Element by modifying the start of the school day from 10:00 a.m. to “later than 8:30 a.m.” beginning in the 2023-2024school year);
• South Bronx Classical Charter School II (NYC CSD 7) – (Five-year renewal);
• Southside Academy Charter School (Syracuse City School District) – (Four-year renewal);
• Urban Dove Team Charter School II (NYC CSD  7) – (Five-year renewal); and
• Utica Academy of Science Charter School (Utica City School District) – (Four-year renewal and revisions to increase its enrollment from 858 students to 975 students and amend its Key Design Elements). 

The Committee recommends that the Board of Regents finds that Charter High School for Law and Social Justice: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of Charter High School for Law and Social Justice and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that that Collegiate Academy for Mathematics and Personal Awareness Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of Collegiate Academy for Mathematics and Personal Awareness Charter School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that Edmund W. Gordon Brooklyn Laboratory Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of Edmund W. Gordon Brooklyn Laboratory Charter School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2026.

The Committee recommends that the Board of Regents finds that Emblaze Academy Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of Emblaze Academy Charter School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2026.

The Committee recommends that the Board of Regents finds that John W. Lavelle Preparatory Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of John W. Lavelle Preparatory Charter School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that Lois and Richard Nicotra Early College Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of Lois and Richard Nicotra Early College Charter School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that Math, Engineering, and Science Academy Charter High School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of Math, Engineering, and Science Academy Charter High School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that New Visions Charter High School for Advanced Math and Science III: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of New Visions Charter High School for Advanced Math and Science III and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that New Visions Charter High School for the Humanities II: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of New Visions Charter High School for the Humanities II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that OnTECH Charter High School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of OnTECH Charter High School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that South Bronx Classical Charter School II: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of South Bronx Classical Charter School II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that Southside Academy Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of Southside Academy Charter Sch l and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that Urban Dove Team Charter School II: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents, therefore, approves the renewal application of Urban Dove Team Charter School II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that Utica Academy of Science Charter School: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application 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 this article; and (4) granting the application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regent, therefore approves the renewal application of Utica Academy of Science Charter School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

There was a motion to sever New Visions Charter High School for the Humanities II, OnTECH Charter High School, and Urban Dove Team Charter School II from the package of the fourteen schools listed above. Regent Tanikawa made the motion, and Regent Tilles seconded it. The motion did not carry. 

The members then voted on the entire package of fourteen renewals. The motion passed. Regent Tanikawa opposed.

Revisions to Charters Authorized by the Board of Regents [P12 (A) 7] - Department staff presented recommendations for charter revisions. NYSED recommended that the Board of Regents approve charter revisions for the following charter schools authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act):

• Brooklyn Laboratory Charter School (NYC CSD 13) – (Decrease its grade span to remove Grade 6 through Grade 8 from its current Grade 6 through Grade 12 configuration beginning in the 2023-2024 school year); and
• Ivy Hill Preparatory Charter School (NYC CSD 18) – (Decrease its authorized enrollment from the currently approved 360 students to 265 students).

The Committee recommends that the Board of Regents finds that (1) the Brooklyn Laboratory 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 amend 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 amend the charter will 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 Brooklyn Laboratory Charter School and amends the provisional charter accordingly.

The Committee recommends that the Board of Regents finds that (1) the Ivy Hill Preparatory 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 amend 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 amend the charter will 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 Ivy Hill Preparatory Charter School and amends the provisional charter accordingly.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The P-12 Education Committee recommends, and we move, that at its meeting on June 13, 2023, the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendments to Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures [P12 (D) 1] - Department staff presented revisions to the proposed amendment of section 200.5 of the Regulations of the Commissioner of Education relating to: limiting extensions in special education due process hearings; permitting enforcement of mediation and resolution agreements through the use of state complaint procedures set out in section 200.5(l); adding new requirements regarding the conduct of attorneys and non-attorney representatives in special education due process hearings; permitting impartial hearing officers the authority to determine, with consent of the parties, whether a hearing be conducted in-person, by teleconference, or videoconference. 

2023 National Superintendent of the Year Recognition - Department staff and invited guests recognized Kevin McGowan, superintendent of Brighton Central Schools, who was recently named the 2023 National Superintendent of the Year.    

Proposed Amendments to State ESSA Plan - Accountability “Rebuild” Phase - Department staff presented proposed amendments to the accountability section of the approved Every Student Succeeds Act Plan (ESSA), which will eventually require amendments to section 100.21 of the Regulations of the Commissioner of Education. The proposed adjustments to the ESSA plan reflect a two-year accountability transition plan and relate to updated procedures for the review of school and district performance for the 2023–2024 school year based on 2022–2023 school year results and the 2024–2025 school year based on 2023–2024 school year results. 

Deputy Commissioner Jason Harmon reviewed the items on the Consent Agenda.