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

Your P-12 Education Committee held its scheduled meeting on July 15, 2019.  All members were present.

ACTION ITEMS

Proposed Amendment to §155.17 of the Regulations of the Commissioner of Education Relating to School Safety Plans [P-12 (A) 2]
Your Committee recommends that Section 155.17 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 16, 2019, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public safety and general welfare to timely implement Section 32 of Part YYY of Chapter 59 of the Laws of 2019, which become effective on July 1, 2019.

The motion passed.

Proposed Amendment to Section 104.3 of the Commissioner’s Regulations Relating to Assessments and Student Official Transcripts and Permanent Records [P-12 (A) 3]
Your Committee recommends that §104.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 16, 2019, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the proposed amendment implements the provisions of Section 30 of Part YYY of Chapter 59 of the Laws of 2019 and remains in effect until adopted as a permanent rule; and further your Committee recommends that §104.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 31, 2019.

The motion passed.

Charter Schools: Merger Revisions to Charters Authorized by the Board of Regents [P-12 (A) 4]

KIPP NYC Public Charter Schools

VOTED: That pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1)

1. KIPP NYC Public Charter Schools be and hereby is merged with KIPP NYC Public Charter Schools II, with KIPP NYC Public Charter Schools II as the surviving education corporation under the amended name, KIPP NYC Public Charter Schools.

2. KIPP NYC Public Charter Schools II, 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 KIPP NYC Public Charter Schools and KIPP NYC Public Charter Schools II hereby ceases, and KIPP NYC Public Charter Schools II, the surviving corporation under the amended name KIPP NYC Public 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 KIPP NYC Public Charter Schools II, the surviving corporation under the amended name KIPP NYC Public 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 KIPP NYC Public Charter Schools II under the amended name KIPP NYC Public Charter Schools, which is hereby amended to authorize the operation of seven public charter schools as follows:

1. KIPP STAR College Prep Charter School;
2. KIPP NYC Washington Heights Academy Charter School;
3. KIPP Always Mentally Prepared Charter School;
4. KIPP Infinity Charter School;
5. KIPP Freedom Charter School;
6. KIPP Bronx Charter School II; and
7. KIPP Bronx Charter School III

5. The merger herein shall take effect nunc pro tunc on July 1, 2019; and it is further

VOTED: That the Board of Regents finds that: (1) KIPP NYC Public Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) KIPP NYC Public 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 KIPP NYC Public Charter Schools, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

VOTED: That the Board of Regents finds that: (1) KIPP NYC Public Charter Schools II meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) KIPP NYC Public Charter Schools II 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 KIPP NYC Public Charter Schools II, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Democracy Prep New York Charter Schools

VOTED: That pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1)

1. Democracy Prep Endurance Charter School be and hereby is merged with Democracy Prep New York Charter Schools, with Democracy Prep New York Charter Schools as the surviving education corporation.

2. Democracy Prep New York Charter Schools, 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 Prep Endurance Charter School and Democracy Prep New York Charter Schools hereby ceases, and Democracy Prep New York Charter Schools, the surviving corporation 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 Democracy Prep New York Charter Schools, the surviving corporation, 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 Democracy Prep New York Charter Schools, which is hereby amended to authorize the operation of five public charter schools as follows:

1. Bronx Preparatory Charter School;
2. Harlem Prep Charter School;
3. Democracy Preparatory Charter School;
4. Democracy Prep Harlem Charter School; and
5. Democracy Prep Endurance Charter School

5. The merger herein shall take effect nunc pro tunc on July 1, 2019; and it is further

VOTED:  That the Board of Regents finds that: (1) Democracy Prep Endurance Charter School meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Democracy Prep Endurance 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 Democracy Prep Endurance Charter School, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

VOTED:  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 and amends the provisional charter accordingly.

The motion passed.  Regents Collins and Mittler abstained. 

Proposed Amendment to Section 175.5 of the Regulations of the Commissioner of Education Providing for a Waiver for Up to Four School Years (2018-2019, 2019-2020, 2020-2021 and/or 2021-2022) for Certain School Districts That Cannot Meet the Minimum Instructional Hours Because of Safety and/or Scheduling Issues [P-12 (A) 5]
Your Committee recommends that section 175.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 16, 2019, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to provide schools districts with notice that if they cannot meet the minimum instructional requirements due to safety and/or scheduling issues they can apply to the Commissioner for a single waiver for up to four years of such requirements by November 15, 2019.

The motion passed.

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 July 15, 2019, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

P-12 Education Committee 2019-2020 Priorities – Your Committee discussed a general overview of the opportunities and clarity that the established priorities will provide in guiding work; assessing achievement and forward movement; and forecasting for the field the work that is expected to come before the Committee over the next year.  This discussion will continue at the September 2019 P-12 Education Committee.

Proposed Addition of Part 121 to the Regulations of the Commissioner Relating to Strengthening Data Privacy and Security in NY State Educational Agencies to Protect Personally Identifiable Information [P-12 (D) 1 - REVISED] – Your Committee discussed proposed amendments to regulations relating to protecting personally identifiable information.  Draft regulations were discussed in January 2019 and based on public comment received, revised regulations were brought before the Committee this month.  Major changes include but are not limited to providing clarity regarding the complaint process, the requirements of the Data Security and Privacy Plan, and what should be included as part of the annual data privacy and security awareness training.

ESSA Financial Transparency Requirement [P-12 (D) 2] – Your Committee was provided with an update on the implementation of the Every Student Succeeds Act (ESSA) Financial Transparency Requirement, as previously discussed at the April meeting.  Over the past fourteen months, the Department has undertaken a rigorous approach of outreach to stakeholders to develop a report template and uniform guidance in submitting expenditure data. Preliminary draft guidance was published in May, and stakeholders have been given until July 17, 2019 to review the document and provide feedback for recommended amendments and improvements. Final guidance will be issued following that period, with all reporting expected to be completed by early 2020.