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

Report of the REGENTS P-12 EDUCATION COMMITTEE to The Board of Regents - April 3, 2017

ACTION ITEMS

Renewals to Charters Authorized by the Trustees of the State University of New York - [P-12 (A) 5]

Your Committee recommends that the Board of Regents return the proposed charters for Success Academy Charter School – Bronx 1, Success Academy Charter School – Bronx 2, Success Academy Charter School – Crown Heights, Success Academy Charter School – Fort Greene, Success Academy Charter School – Harlem 2, Success Academy Charter School – Harlem 3, Success Academy Charter School – Harlem 4, Success Academy Charter School – Harlem 5, Success Academy Charter School – Prospect Heights, and Success Academy Charter School – Union Square, 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 eligible applicants for the free and reduced price lunch program. The charters should be abandoned, and the schools should be directed to resubmit the application no earlier than one year prior to the expiration of the charter term.

This item will be voted on, separate from the other items, at a meeting of the full Board of Regents on Monday, April 3, 2017.  Today’s vote is necessary because the Board of Regents have 90 days to act.  If no action is taken, the item goes into effect by operation of law. SUNY sent us the item on January 3, 2017 and 90 days would be today, April 3, 2017.  

MOTION FOR ACTION BY FULL BOARD

Madam Chancellor and Colleagues: Your P-12 Education Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 3, 2017, copies of which have been distributed to each Regent.  

Report of the REGENTS P-12 EDUCATION COMMITTEE to The Board of Regents - April 4, 2017

Your P-12 Education Committee held its scheduled meeting on April 3, 2017.  All members were present, except for Regent Norwood, who was excused.

ACTION ITEMS

Adjust the Eligible Score Band for an Appeal of the English Language Arts Regents Examination for Eligible English Language Learners (ELLs), to Align with the Recent Expansion of the Eligible Score Band for Appeals for Certain Regents Examinations for All Students [P-12 (A) 1]

Your Committee recommends that subclause (1) of clause (b) of subparagraph (i) of paragraph (7) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education be amended as submitted, effective April 4, 2017, upon a finding of the Board of Regents that such action is necessary for the preservation of the general welfare to immediately adjust the existing eligible score band for an appeal of the English Language Arts Regents examination passing scores for qualifying English Language Learners for beginning in the 2016-2017 school year.

Merger Revisions to Charters Authorized by the Board of Regents [P-12 (A) 2] REVISED

Brilla College Preparatory Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1. Brilla College Preparatory Charter School be and hereby is merged with Brilla College Preparatory Charter School at Highbridge, with Brilla College Preparatory Charter School at Highbridge as the surviving education corporation under the amended name Brilla College Preparatory Charter Schools.

2. Brilla College Preparatory Charter School at Highbridge, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of Brilla College Preparatory Charter School and Brilla College Preparatory Charter School at Highbridge hereby ceases, and Brilla College Preparatory Charter School at Highbridge, the surviving corporation under the amended name Brilla College Preparatory Charter Schools is hereby vested with all the rights, privileges, immunities, powers, and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal, and mixed and all debts to each of the corporations on whatever account are hereby attached to Brilla College Preparatory Charter School at Highbridge, the surviving corporation under the amended name Brilla College Preparatory Charter Schools, and may be enforced against it to the same extent as if the debts, liabilities, and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to Brilla College Preparatory Charter School at Highbridge under the amended name Brilla College Preparatory Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:

1. Brilla College Preparatory Charter School, and
2. Brilla College Preparatory Charter School at Highbridge (to be renamed Brilla College Preparatory Charter School Veritas)

5. The merger herein shall take effect on July 1, 2017.

Your Committee further recommends that the Board of Regents finds that: (1) Brilla College Preparatory Charter School at Highbridge meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Brilla College Preparatory Charter School at Highbridge 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 Brilla College Preparatory Charter School at Highbridge, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Your Committee further recommends that the Board of Regents finds that: (1) Brilla College Preparatory Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Brilla College Preparatory 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 Brilla College Preparatory Charter Schools, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Elmwood Village Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1. Elmwood Village Charter School be and hereby is merged with Elmwood Village Charter School 2, with Elmwood Village Charter School 2 as the surviving education corporation under the amended name Elmwood Village Charter Schools.

2. Elmwood Village Charter School 2, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of Elmwood Village Charter School and Elmwood Village Charter School 2 hereby ceases, and Elmwood Village Charter School 2, the surviving corporation under the amended name Elmwood Village Charter Schools is hereby vested with all the rights, privileges, immunities, powers, and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal, and mixed and all debts to each of the corporations on whatever account are hereby attached to Elmwood Village Charter School 2, the surviving corporation under the amended name Elmwood Village Charter Schools, and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to Elmwood Village Charter School 2 under the amended name Elmwood Village Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:

1. Elmwood Village Charter School (to be renamed Elmwood Village Charter School Days Park); and
2. Elmwood Village Charter School 2 (to be renamed Elmwood Village Charter School Hertel)

5. The merger herein shall take effect on July 1, 2017.

Your Committee further recommends that the Board of Regents finds that: (1) Elmwood Village Charter School meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Elmwood Village 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 schools operated by Elmwood Village Charter School, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Your Committee further recommends that (1) Elmwood Village Charter School 2 meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Elmwood Village Charter School 2 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 Elmwood Village Charter School 2, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Your Committee further recommends that (1) Elmwood Village Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Elmwood Village 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 Elmwood Village Charter Schools, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Regent Reyes was in opposition; Regents Ouderkirk, Collins, Johnson and Mittler abstained.

Revision to Charter Authorized by the Board of Regents [P-12 (A) 3]

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 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 Bronx Charter School for the Arts and amends the provisional charter accordingly.

Regents Collins and Mittler abstained.

Merger Revisions to Charters Authorized by the New York City Department of Education Chancellor [P-12 (A) 4]

Democracy Prep New York Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1. Democracy Preparatory Charter School be and hereby is merged with Democracy Prep Harlem Charter School, Harlem Prep Charter School, and Bronx Preparatory Charter School, with Bronx Preparatory Charter School as the surviving education corporation under the amended Democracy Prep New York Charter Schools.

2. Bronx Preparatory Charter School, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of Democracy Preparatory Charter School, Democracy Prep Harlem Charter School, Harlem Prep Charter School, and Bronx Preparatory Charter School hereby ceases, and Bronx Preparatory Charter School, the surviving corporation under the amended name Democracy Prep New York Charter Schools is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to Bronx Preparatory Charter School, the surviving corporation under the amended name Democracy Prep New York Charter Schools, and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to Bronx Preparatory Charter School under the amended name Democracy Prep New York Charter Schools, which is hereby amended to authorize the operation of four public charter schools as follows:

1. Democracy Preparatory Charter School,
2. Democracy Prep Harlem Charter School,
3. Harlem Prep Charter School, and
4. Bronx Preparatory Charter School

5. The merger herein shall take effect on July 1, 2017.

Your Committee recommends that the Board of Regents finds that: (1) Democracy Prep New York Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Democracy Prep New York 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 Democracy Prep New York Charter Schools, and the Board of Regents therefore approves the charter revision for Democracy Prep New York Charter Schools, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Integration Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1. John W. Lavelle Preparatory Charter School be and hereby is merged with New Ventures Charter School, with New Ventures Charter School as the surviving education corporation under the amended name Integration Charter Schools.

2. New Ventures Charter School, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of John W. Lavelle Preparatory Charter School and New Ventures Charter School hereby ceases, and New Ventures Charter School, the surviving corporation under the amended name Integration Charter Schools is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to New Ventures Charter School, the surviving corporation under the amended name Integration Charter Schools, and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to New Ventures Charter School under the amended name Integration Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:

1. John W. Lavelle Preparatory Charter School, and
2. New Ventures Charter School

5. The merger herein shall take effect on July 1, 2017.

Your Committee further recommends that the Board of Regents finds that: (1) Integration Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Integration 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 Integration Charter Schools, and the Board of Regents therefore approves the charter revision for Integration Charter Schools, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

NYC Autism Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1. New York Center for Autism Charter School be and hereby is merged with New York Center for Autism Charter School Bronx, with New York Center for Autism Charter School Bronx as the surviving education corporation under the amended NYC Autism Charter Schools.

2. New York Center Autism Charter School Bronx, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of New York Center for Autism Charter School and New York Center for Charter School Bronx hereby ceases, and New York Center for Autism Charter School Bronx, the surviving corporation under the amended name NYC Autism Charter Schools is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to New York Center for Autism Charter School Bronx, the surviving corporation under the amended name NYC Autism Charter Schools, and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to New York Center for Autism Charter School Bronx under the amended name NYC Autism Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:

1. New York Center for Autism Charter School, and
2. New York Center for Autism Charter School Bronx

5. The merger herein shall take effect on July 1, 2017.

Your Committee further recommends that the Board of Regents finds that: (1) NYC Autism Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) NYC Autism 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 NYC Autism Charter Schools, and the Board of Regents therefore approves the charter revision for NYC Autism Charter Schools, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Regents Ouderkirk, Collins, Hakanson and Mittler abstained.

Renewals to Charters Authorized by the Trustees of the State University of New York [P-12 (A) 5] – This item was voted on at a separate meeting of the full Board of Regents on Monday, April 3, 2017.

Renewals to Charters Authorized by Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 6]

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Growing Up Green Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2022. Regent Collins abstained.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the New York French-American Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2022. Regent Collins abstained.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Cultural Arts Academy Charter School at Spring Creek as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2020.  Regents Tilles, Johnson, Reyes and Mittler voted in opposition; Regent Collins abstained.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Summit Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2019.  Regents Tilles, Cashin, Ouderkirk, Johnson, Reyes and Mittler were in opposition; Regent Collins abstained.

MOTION FOR ACTION BY FULL BOARD

Madam Chancellor and Colleagues: Your P-12 Education Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 4, 2017, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Emergent Multilingual Learners (EMLLs) in Prekindergarten [P-12 (D) 1] – The Committee discussed the utilization of an “Emergent Multilingual Learners Language Profile for Prekindergarten Students” as part of a process to identify when a prekindergarten student’s home or primary language is other than English.  Dr. Zoila Morell from the School of Education at Mercy College presented step by step the process used to identify these students.  The Department recommends identifying such children who speak languages other than English in their homes as “Emergent Multilingual Learners (EMLLs)”, who are entitled to a combination of supports and instruction in their home language(s) while learning English. In addition, the use of this Language Profile will assist the Department in maintaining accurate counts of emergent MLLs in Prekindergarten programs.  Department staff will continue to collect data on EMLLs and will bring back proposed amendments to regulations at a future Regents meeting.

Consent Agenda

The Board of Regents will take action on the following consent agenda item at their April 4, 2017 meeting.

• Recognition of the Accreditation Programs for the Council of Islamic Schools in North America and the New York Association of Christian Schools.