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

Your P-12 Education Committee held its scheduled meeting on June 3, 2019.  All members were present, except for Regent Ouderkirk who was excused.

ACTION ITEMS

Renewals to Charters Authorized by the Trustees of the State University of New York [P-12 (A) 1]

Your Committee recommends that the Board of Regents return the proposed charters for Success Academy Charter School – Bed Stuy 1 and Success Academy Charter School – Upper West 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.

The motion passed.

Merger Revision to a Charter Authorized by the Board of Regents [P-12 (A) 2]

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

1. Capital Preparatory Harlem Charter School be and hereby is merged with Capital Preparatory Bronx Charter School, with Capital Preparatory Bronx Charter School

as the surviving education corporation under the amended name, Capital Prep Charter Schools NY.

2. Capital Preparatory Bronx 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 Capital Preparatory Harlem Charter School and Capital Preparatory Bronx Charter School hereby ceases, and Capital Preparatory Bronx Charter School, the surviving corporation under the amended name Capital Prep Charter Schools NY 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 Capital Preparatory Bronx Charter School, the surviving corporation under the amended name Capital Prep Charter Schools NY, 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 Capital Preparatory Bronx Charter School under the amended name Capital Prep Charter Schools NY, which is hereby amended to authorize the operation of two public charter schools as follows:

• Capital Preparatory Harlem Charter School; and
• Capital Preparatory Bronx Charter School

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

VOTED: That the Board of Regents finds that: (1) Capital Preparatory Harlem Charter School meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Capital Preparatory Harlem 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 Capital Preparatory Harlem Charter School, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly, contingent upon the approval of the Board of Trustees of the State University of New York, which must occur on or before July 1, 2019.

VOTED: That the Board of Regents finds that: (1) Capital Preparatory Bronx Charter School meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Capital Preparatory Bronx 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 Capital Preparatory Bronx Charter School, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly, contingent upon the approval of the Board of Trustees of the State University of New York, which must occur on or before July 1, 2019.

The motion passed.  Regents Collins, Reyes and Mittler abstained.

Renewal Recommendations for Charter Schools Authorized by the Buffalo Public Schools Board of Education [P-12 (A) 3]

Your Committee recommends that the Board of Regents finds that, the Enterprise 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 Enterprise 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, 2021.

Your Committee recommends that the Board of Regents finds that, the Westminster Community 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 Westminster Community 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, 2021.

A motion was made to amend the voted language to include a requirement that the Buffalo Public Schools Board of Education submit a report to the New York State Education Department, for review by the Board of Regents no later than 12 months from the date of this action. The report must outline the progress of the Enterprise Charter School towards meeting or exceeding the academic, organizational, legal, and enrollment goals set forth in the Charter School Performance Framework.  A revised item will be before the Board of Regents for action at their June 4, 2019 meeting.

The motion passed.

Renewal Recommendations for Charter Schools Authorized by the New York City Department of Education [P-12 (A) 4]

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 Brooklyn 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.

The motion passed.  Regents Collins and Mittler abstained.

Revision Recommendation for a Charter School Authorized by the New York City Department of Education [P-12 (D) 5]

A motion was made to return the proposed charter for Ember Charter School for Mindful Education, Innovation and Transformation to the New York City Board of Education for reconsideration with comments and recommendations.  A revised item will be before the Board of Regents for action at their June 4, 2019 meeting.

The motion passed.  Regent Mead was in opposition.

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 4, 2019, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendments to Sections 100.2(hh) and 200.7, and Subpart 57-1 of the Regulations of the Commissioner of Education Relating to Reports of Child Abuse in an Educational Setting [P-12 (D) 1] – Your Committee discussed proposed amendments to regulations relating to reports of child abuse in an educational setting.  The proposed amendment is necessary to implement the statutory changes required by Chapter 363 of the Laws of 2018 and to ensure that the necessary individuals receive the appropriate training in the identification of child abuse in an educational setting and training in the identification of child abuse and maltreatment within the meaning of the statute.  It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the September 2019 Regents meeting.

Proposed Addition of Part 130 of the Regulations of the Commissioner of Education Relating to Substantially Equivalent Instruction for Nonpublic School Students [P-12 (D) 2] – Your Committee discussed proposed amendments to Commissioner’s Regulations to establish requirements related to substantial equivalency of instruction for nonpublic school students.

Consent Agenda

The Board of Regents will take action on the following consent agenda items at their June 4, 2019 meeting.

• Petition of the City School District of the City of Amsterdam for Consent to Exceed the Constitutional Debt Limit.
• Petition of the City School District of the City of Geneva for Consent to Exceed the Constitutional Debt Limit. [Capital Improvements Project]
• Petition of the City School District of the City of Geneva for Consent to Exceed the Constitutional Debt Limit. [Bus Acquisition]
• Registration of Public Schools.
• Registration of Religious and Independent High Schools Visited in 2018-2019.