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

Your P-12 Education Committee held its scheduled meeting on June 11, 2018.  All members were present, except for Regent Norwood, who was excused.

ACTION ITEMS

Revision to a Charter Authorized by the Board of Regents [P-12 (A) 1]

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 the Charter School of Educational Excellence and amends the provisional charter accordingly.  The motion carried.  Regent Collins abstained.

Renewal to a Charter School Authorized by Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 2]

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 Bronx Academy of Promise 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, 2023.  The motion carried.  Regents Collins and Reyes abstained.

Initial Applications Authorized by the Board of Regents [P-12 (A) 3]

Your Committee recommends that the Regents find that: (1) the proposed charter school meet 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 Article 56 of the Education Law; and (4) granting the application will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues a charter and provisional charter to Bold Charter School, for a term of five years in accordance with §2851(2)(p) of the Education Law. The motion carried.  Regent Reyes was in opposition. Regent Collins abstained.

Your Committee recommends that the Regents find that: (1) the proposed charter school meet 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 educational 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 application will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues a charter and provisional charter to Bridge Preparatory Charter School, for a term of five years in accordance with §2851(2)(p) of the Education Law.  The motion carried.  Regents Collins and Reyes abstained.

Your Committee recommends that the Regents find that: (1) the proposed charter school meet 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 Article 56 of the Education Law; and (4) granting the application will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues a charter and provisional charter to Creo College Preparatory Charter School for a term of five years in accordance with §2851(2)(p) of the Education Law. The motion carried. Regents Collins, Reyes and Mittler abstained.

Your Committee recommends that the Regents find that: (1) the proposed charter school meet 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 Article 56 of the Education Law; and (4) granting the application will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues a charter and provisional charter to Ivy Hill Preparatory Charter School for a term of five years in accordance with §2851(2)(p) of the Education Law. The motion carried. Regent Reyes was in opposition. Regents Collins and Mittler abstained.

Your Committee recommends that the Regents find that: (1) the proposed charter school 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 Article 56 of the Education Law; and (4) granting the application will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents approves and issues a charter to New Dawn Charter High School II, and amends the provisional charter of the education corporation New Dawn Charter High School under the amended corporate name New Dawn Charter Schools, to permit the operation of such school, for a term of five years in accordance with §2851(2)(p) of the Education Law. The motion carried.  Regents Collins and Mittler abstained.

Your Committee recommends that the Regents find that: (1) the proposed charter school 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 6 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 application will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents approves and issues a charter to Richmond Preparatory Charter School, and amends the provisional charter of the education corporation Integration Charter Schools to permit the operation of such school, for a term of five years in accordance with §2851(2)(p) of the Education Law. The motion carried.  Regents Collins and Reyes abstained.

Minimum Instruction Requirement for State Aid [P-12 (A) 4]

Your Committee recommends that the emergency action taken at the April 2018 Regents meeting be repealed; and further that §§175.2 and 175.5 of the Regulations of the Commissioner of Education, be amended as submitted, effective July 1, 2018, to ensure that school districts and applicable unions can set their calendars for the 2018-2019 school year and complete any collective bargaining negotiations necessary to comply with the new requirements of the proposed amendment and that the board directs the Commissioner to work with individual school districts to address specific concerns as they transition to implement the regulation.  The motion carried unanimously.

Implementation of the State’s Approved Every Student Succeeds Act (ESSA) Plan [P-12 (A) 5]

Your Committee recommends that §100.2(ff), 100.2(m), 100.18, 100.19 and Part 120 of the Commissioner’s Regulations be amended and that §100.21 be added to Commissioner’s Regulations, as submitted, effective July 1, 2018, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of general welfare to ensure that the State’s USDE approved ESSA plan can be implemented beginning with the 2018-2019 school year, consistent with the requirements set forth by the United States Department of Education. The proposed amendment will become effective as an emergency measure on July 1, 2018. It is anticipated that the proposed amendment will be presented for permanent adoption at the September 2018 Board of Regents meeting after publication of a Notice of Emergency Adoption and Revised Rulemaking in the State Register on July 18, 2018 and expiration of the 30-day public comment period for revised rulemakings. If adopted at the September 2018 Regents meeting, the proposed amendment will be effective as a permanent rule on October 3, 2018.  The motion carried.  Regents Ouderkirk, Hakanson, and Mittler 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 June 12, 2018, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Update on the Rollout of the NYS Learning Standards and Assessments for the Arts and the Arts Pathway [P-12 (D) 1] – the Committee was updated on the rollout of the P-12 Learning Standards for the Arts and on the ongoing work leading to a Pathway Assessment in the Arts.  Laurie Hedges from Herkimer BOCES and S/CDN shared information about the Professional Development being provided around the State. 

• June 25 – Visual and Media Arts – Capital Region BOCES
• June 26 – Music – Orange-Ulster BOCES
• June 27 – Theater and Dance – Erie 1 BOCES

All materials will be released so that participants will be able to return to their districts and turnkey the training. Two to three similar regional trainings will take place later this year in other areas of the State.

CONSENT AGENDA

The Board of Regents will take action on the following consent agenda item at their June 12, 2018 meeting.

• Petition of the City School District of the City of Niagara Falls for Consent to Exceed the Constitutional Debt Limit.
• Regulations relating to Superintendent Determination.
• Regulations relating to Laboratory Experiences Required to take a Science Regents Exam for Students in State Agency Educational Programs and Correctional Facilities. 
• Registration of Public Schools
• Registration of Nonpublic Schools