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

Your P-12 Education Committee held its scheduled meeting on April 13, 2015.  All members were present, except for Regent Tallon who was excused.

ACTION ITEMS
New York State’s School and District Accountability System [P-12 (A) 2]
Your Committee recommends that subdivisions (f) and (g) of section 100.18 of the Regulations of the Commissioner of Education are amended, as submitted, effective April 14, 2015, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare so that school districts and charter schools may have the opportunity to meet, in a timely fashion, school/school district accountability requirements for the 2014-15 school year and beyond, consistent with the ESEA Flexibility Waiver Renewal Request submitted to the USDE and pursuant to statutory requirements.

Student Enrollment Regulations [P-12 (A) 3] 
Your Committee recommends that the emergency rule amending subdivision (y) of section 100.2 of the Regulations of the Commissioner of Education that was adopted at the February 9-10, 2015 Regents meeting, is repealed, effective April 14, 2015; and it is further voted that subdivision (y) of section 100.2 of the Regulations of the Commissioner is amended as submitted, effective April 14, 2015, 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 adopt the revised proposed rule for purposes of clarifying requirements for school districts regarding the enrollment of students, particularly as it pertains to procedures for unaccompanied minors and other undocumented youth, and thereby ensure compliance with federal and State laws regarding access to a free public education system.

Charter School Actions

Dissolution of Ark Community Charter School [P-12 (A) 1]
Your Committee recommends that the provisional charter of the Ark Community Charter School, located in the Enlarged City School District of Troy, County of Rensselaer, State of New York, which was granted by the Board of Regents on March 20, 2001, and extended by the Board of Regents on February 14, 2006, May 30, 2006, October 11, 2008 and December 15, 2009 be, and the same hereby is, dissolved, that notice to such effect be given to the board of trustees of the Corporation, and that the Board of Regents recommends that any student records and/or any remaining assets of the corporation be transferred and distributed to each school district having resident children served by the charter school in the last school year in accordance with the provisions of Education Law §2851(2)(t), subject to judicial approval pursuant to Education Law §220.

Collegiate Academy for Mathematics and Personal Awareness (CAMPA) Charter School [P-12 (A) 4]
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 Collegiate Academy for Mathematics and Personal Awareness Charter School and amends the provisional charter accordingly.

New Visions Charter High School for Advanced Math and Science IV and New Visions Charter High School for Humanities IV [P-12 (A) 5]
The 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 New Visions Charter High School for Math and Science IV and New Visions Charter High School for Humanities IV and amends the provisional charter accordingly.

Great Oaks Charter School [P-12 (A) 6]
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 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 Great Oaks Charter School and amends the provisional charter accordingly.

Renewal Decisions for Charter Schools Authorized by the NYCDOE [P-12 (A) 7]
Your Committee recommends that the Board of Regents finds that, KIPP 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 and issues the renewal charter of KIPP Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and extends its provisional charter for a term up through and including June 30, 2019.

Your Committee recommends that the Board of Regents finds that, Manhattan 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 and issues the renewal charter of Manhattan Charter School as proposed by the Chancellor of the New York City Department of Education, and extends its provisional charter for a term up through and including June 30, 2019.

Your Committee recommends that the Board of Regents finds that, Mott Haven 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 and issues the renewal charter of Mott Haven Charter School as proposed by the Chancellor of the New York City Department of Education, and extends its provisional charter for a term up through and including June 30, 2020.

Renewal Decision for Charter School Authorized by the Board of Regents [P-12 (A) 8]
Your Committee recommends that the Board of Regents finds that, the Elmwood Village 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 the Elmwood Village 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, 2020.

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 14, 2015, copies of which have been distributed to each Regent. 

MATTERS NOT REQUIRING BOARD ACTION
Units of Study and Provision of Credits For English As A New Language and Native Language Arts [P-12 (D) 1] – the Committee discussed proposed regulations that provides that Integrated ENL coursework for Advanced/Expanding ELLs in grades 9-12 may be in English Language Arts or in another content area.  The proposed amendment also provides that students in Bilingual Education programs shall earn one English Language Arts credit for each English As a New Language unit of study, and one Native Language Arts or Languages Other Than English (LOTE) credit for each unit of Language Arts study in the student’s home language.  Furthermore, the proposed amendment provides that students in a Bilingual Education Program at the Beginning/Entering and Low Intermediate/Emerging levels must receive instruction in both the student’s home language and English in a minimum of two bilingual core content areas other than Language Arts (i.e., math, science, and social studies). It also provides that students in a Bilingual Education Program at the Intermediate/Transitioning and Advanced/Expanding levels must receive instruction in both the student’s home language and English in a minimum of one bilingual core content area other than Language Arts.  It is anticipated that the proposed rule will be presented for adoption at the June 15-16, 2015 meeting.

Preschool Special Education Programs and Services [P-12 (D) 2] – the Committee discussed suggested policy changes to improve outcomes for preschool students with disabilities, ages three to five.  Specifically, consideration of policy changes to enhance the quality of preschool special education instruction and behavioral supports, improve efficient use of staff resources, improve effectiveness, coordination and continuity of special education services and support inclusion of preschool students with disabilities in regular early childhood programs and activities and in classes with nondisabled peers.  Staff will further engage stakeholders and receive feedback.  Proposed regulations will be brought to the Regents for discussion in early fall.

Transgender and Gender Nonconforming Students Guidance Document [P-12 (D) 3] – the Committee discussed the draft New York State Transgender and Gender Nonconforming Students Guidance Document. The Guidance Document will assist school districts to continue to foster an educational environment that is safe and free from discrimination for all students, regardless of sex, sexual orientation, gender identity, or gender expression. The Committee directed staff to continue to meet with advocates and come back for additional input from the Regents at a future meeting.

Development of a New York Statewide School Climate Index [P-12 (D) 4] – the Committee discussed the possible development of a Statewide School Climate Index.  A school climate index is a tool that allows school buildings and districts to effectively assess and analyze school climate through school-to-school comparisons and to identify schools most in need at programmatic interventions aimed at improving school climate.  After seeking input from stakeholders within New York State and from states across the nation, the Department recommends for discussion a School Climate Index that would be comprised of three measurements:  Survey Participation, VADIR and DASA reporting of violent incidents and Chronic Absenteeism.  The Committee suggested changes and staff will present a final recommendation to the Regents at an upcoming meeting.

Self-Administration of Certain Medications by Students [P-12 (D) 6] – the Committee discussed proposed regulations to prescribe standards for (1) the carrying and self-administration of inhaled rescue medications, epinephrine auto-injectors, and insulin by students attending public schools and boards of cooperative educational services (BOCES); (2) permitting both public and nonpublic schools to authorize a licensed registered professional nurse, nurse practitioner, physician assistant, or physician to train unlicensed school personnel to inject prescribed glucagon or epinephrine auto-injectors in emergency situations, where an appropriate licensed health professional is not available, to students who have a written parent/guardian consent; and (3) standardizing the care authorized to be provided by duly licensed health professionals to students diagnosed with diabetes or allergies. It is anticipated that the proposed rule will be presented for adoption at the June 15-16, 2015 meeting.

Instruction in Cardiopulmonary Resuscitation and the Use of Automated External Defibrillators [P-12 (D) 9] – the Committee discussed a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and in the use of automated external defibrillators (AEDs) in senior high schools.  If this instruction were mandated, it would cost an average-sized district approximately $3,054 for initial implementation (including purchase of the kit, classroom instruction, and teacher professional development) and approximately $1,392 annually, thereafter. The Department has sought feedback regarding this potential mandate from teachers, school administrators, parents, students, and other interested parties. Although a majority of survey responders agreed to varying degrees that CPR/AED instruction is important, the field expressed concern that implementation of this mandate would present fiscal challenges to districts through the purchase of equipment, as well as the provision of professional development and classroom instruction. Typically, the Department recommends that this type of curriculum decision be made at the local level, rather than by State mandate, but since CPR/AED affects matters of life and death, the Department recommends the Board consider an exception to this general policy.  Staff will come back in May with proposed regulations to address this potential new mandate.

2015-2016 Enacted Budget Education Reform Initiatives [P-12 (D) 10] – the Committee discussed education reform initiatives from 2015-16 Enacted Budget that will require Board of Regents and/or State Education Department action.  Discussion focused on the following initiatives:

Teacher and Principal Evaluation – creates a new teacher and principal evaluation system to be administered by the Education Department, whereby regulations to administer the new system must be issued by June 30, 2015 and districts must have new evaluation plans negotiated and approved by November 15, 2015.  Committee members expressed concern over the short timelines provided in the Governor’s budget and asked to be kept updated on the Department’s progress with this work.

Tenure – extends tenure appointments for all teachers and administrators with probationary appointments on or after July 1, 2015 to four years, provided that the educator receives a rating of either effective or highly effective in at least three of the four probationary years. 

Intervention in Struggling Schools – enacts new intervention authority for districts and the Department regarding struggling schools.  Specifically, schools that have been in accountability status for ten years would enter a one year improvement timeline where the superintendent would be empowered to make rapid improvement with the powers that would otherwise be vested in a receiver.

Consent Agenda

The Board of Regents will take action on the following consent agenda items at their April 14, 2015 meeting.

• Graduation Requirements for English Language Learners
• Petition of the City School District of the City of Binghamton for Consent to Exceed the Constitutional Debt Limit