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

The P-12 Education Committee held its scheduled meeting on April 17, 2023. All members were present. Chancellor Lester W. Young, Jr. and Regents Catherine Collins, Elizabeth S. Hakanson, Luis O. Reyes, Susan W. Mittler, and Adrian I. Hale also attended the meeting but did not vote on the action items.

ACTION ITEMS

Revision Recommendation for a Charter School Authorized by the New York City Department of Education [P12 (A) 1] – Department staff presented recommendations for charter revisions from the NYC DOE Chancellor. The NYC DOE Chancellor recommends that the Board of Regents approve charter revisions for the following charter school authorized by the NYC DOE Chancellor pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• Pharos Academy Charter School (NYC CSD 12) enrollment increase from 678 to 745 students.

The Committee recommends that the Board of Regents finds that Pharos 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 charter revision of Pharos Academy Charter School and amends the provisional charter accordingly, nunc pro tunc to July 1, 2022.

The motion passed. Regent Cashin and Regent Tanikawa opposed.

Renewal Recommendation for a Charter School Authorized by the New York City Department of Education [P12 (A) 2] – Department staff presented a recommendation for a charter renewal from the NYC DOE Chancellor. The NYC DOE Chancellor recommends that the Board of Regents approve a charter renewal for the following charter school authorized by the NYC DOE Chancellor pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• Equity Project Charter School (The) (NYC CSD6) – renewal term: 5 years. 

The Committee recommends that the Board of Regents finds that The Equity Project 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 Equity Project 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 motion passed unanimously. 

Revisions to Charters Authorized by the Board of Regents [P12 (A) 3] - Department staff presented recommendations for charter revisions. NYSED recommends 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): 

• Bronx Arts and Science Charter School (NYC CSD 8) – amend its organizational chart; 
• Brooklyn Urban Garden Charter School (NYC CSD 15) – amend its enrollment policy to include an admission preference for English language learner students and economically disadvantaged students beginning in the 2023-2024 school year; and
• Discovery Charter School (Greece Central School District) - increase its enrollment from 280 students to 300 students; amend its mission; and amend its key design elements. 

The Committee recommends that the Board of Regents finds that (1) the Bronx Arts and Science 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 Arts and Science Charter School and amends the provisional charter accordingly.

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

The Committee recommends that the Board of Regents finds that (1) the Discovery 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 revisions for Discovery Charter School and amends the provisional charter accordingly.

The motion passed unanimously. 

BOR-authorized Charter Non-Renewal [P12 (A) 4] – Department staff presented a recommendation for a charter non-renewal. NYSED notified the school of the non-renewal recommendation in February 2023. The school was afforded 30 days to respond to the notice of intent to non-renew pursuant to § 8 NYCRR 119.7. The steps taken by NYSED to work with the school and next steps will be discussed. NYSED is recommending that the Board of Regents approve a charter non-renewal for the following charter school authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• Urban Choice Charter School (Rochester City School District) – non-renewal.  

The Committee recommends that the Board of Regents denies the renewal application for Urban Choice Charter School, that the board of trustees of Urban Choice Charter School be provided notice of this action and that its charter will terminate upon the expiration of its current charter term on June 30, 2023, and that the board of trustees of Urban Choice Charter School is directed to take all steps necessary to close the School in accordance with its charter and the school closure procedures of the Department and cease instruction as of June 30, 2023; including but not limited to the immediate provision of notice of this nonrenewal action to the parents of existing students of Urban Choice Charter School, the parents of any students in the charter school’s most recent lottery and the parents of students on the charter school’s waiting list, provision for the orderly transfer of student records to the Rochester City School District and disposition of Urban Choice Charter School’s assets in accordance with Education Law §2851(2)(t).

The motion passed unanimously. 

MOTION FOR ACTION BY FULL BOARD

The P-12 Education Committee recommends, and we move, that at its meeting on April 18, 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 Amendment of Section 19.5 of the Rules of the Board of Regents and Sections 100.2, 200.1, 200.7, 200.15, and 200.22 of the Regulations of the Commissioner of Education Relating to the Prohibition of Corporal Punishment, Aversive Interventions, Prone Restraint and Seclusion; Permitted Use of Timeout and Restraint;  and Data Collection [P12 (D) 1] – Department staff presented proposed amendments to the Commissioner’s regulations relating to the prohibition of corporal punishment, aversive interventions, prone restraint and seclusion, and the permitted use of timeout and restraint for all students.

Cohort 2018 Graduation Rates - The P12 Deputy Commissioners presented high school graduation rates based on the cohort of students entering grade 9 in 2018.

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