Report of Regents P-12 Education Committee to The Board of Regents
The P-12 Education Committee held its scheduled meeting on June 13, 2022. All members were present except Vice Chancellor Finn and Regent Norwood, who were excused.
Regent Collins, Regent Hakanson, Regent Reyes, Regent Mittler, Regent Tanikawa, and Regent Catania also attended the meeting but did not vote on any action.
ACTION ITEMS
Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P-12 (A) 1] - Revised - Department staff presented renewal recommendations for charter schools authorized by the Board of Regents.
The Committee recommends that the Board of Regents finds that Brooklyn Laboratory 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 Brooklyn Laboratory 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, 2025.
The Committee recommends that the Board of Regents finds that Evergreen 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 Evergreen 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, 2025.
The Committee recommends that the Board of Regents finds that Great Oaks 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 Great Oaks 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, 2025.
The Committee recommends that the Board of Regents finds that Mott Hall 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 Mott Hall 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, 2025.
The Committee recommends that the Board of Regents finds that Neighborhood Charter School of Harlem: (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 Neighborhood Charter School of Harlem and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.
The Committee recommends that the Board of Regents finds that New Dawn Charter High 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 New Dawn Charter High School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.
The Committee recommends that the Board of Regents finds that Northside Charter High 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 Northside Charter High School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.
The Committee recommends that the Board of Regents finds that South Bronx Classical Charter School IV: (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 South Bronx Classical Charter School IV and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.
The Committee recommends that the Board of Regents finds that Urban Dove Team 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 Urban Dove Team 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, 2027.
The motion passed. Regent Cashin opposed.
Proposed Amendment of Section 100.2 of the Regulations of the Commissioner of Education Relating to Requirements for School Districts to Issue Diplomas to Eligible Students Confined in a Facility Operated by a State Department or Agency Providing Educational Programming within the District Boundary [P-12 (A) 2] - Department staff presented proposed amendments to the Commissioner’s regulations relating to requirements for school districts to issue diplomas to eligible students confined in a facility operated by a state department or agency providing educational programming within the district boundary to implement Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022.
The Committee recommends that section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 14, 2022, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation n of the general welfare to immediately implement Chapter 754 of the Laws of 2021, as amended by Chapter 26 of the Laws of 2022, to require school districts to issue diplomas to eligible students confined in a residential facility operated by a state department or agency providing educational programming within the district boundary.
The motion passed unanimously.
Proposed Amendments of Section 100.5 of the Regulations of the Commissioner of Education Relating to the Diploma, Credential, and Endorsement Requirements Associated with Passing the Regents Examination in United States History and Government (Framework) for the June 2022, August 2022, and January 2023 Administration Periods [P-12 (A) 3] - Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations to provide an exemption to the diploma, credential, and endorsement requirements related to the passing of the June 2022, August 2022, and January 2023 Regents Examinations in United States History and Government so that students are still able to meet their diploma requirements since this Regents Examination will not be available for those administration periods.
The Committee recommends that section 100.5(a)(5)(vi)(a)(4) of the Regulations of the Commissioner of Education be amended, as submitted, effective June 14, 2022, as an emergency action upon a finding of the Board of Regents that such action is necessary for the preservation of the general welfare to immediately provide regulatory flexibility so that students can meet the diploma requirements related to the passing of the Regents Examination in United States History and Government (Framework) administered in June 2022, August 2022, and January 2023.
The motion passed unanimously.
Proposed Amendment of Sections 100.4 and 100.21 of the Regulations of the Commissioner of Education to Provide Flexibility to Schools, Districts, and Charter Schools Regarding the Administration of Regents Examinations in Mathematics to Grade 6 Students and in Science to Grade 7 Students [P-12 (A) 4] – Revised Department staff presented proposed amendments to the Commissioner’s regulations to provide flexibility allowing New York State middle school students to take a Regents Examination in mathematics or science when the student is enrolled in the corresponding course instead of taking the grade level examination.
The Committee recommends that sections 100.4 and 100.21 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 14, 2022, as an emergency action upon a finding of the Board of Regents that such action is necessary for the preservation of the general welfare to allow students to forego being “double-tested” in grade 6 mathematics and in grade 7 intermediate science.
The motion passed unanimously.
Renewal Recommendations for Charter Schools Authorized by Board of Education of the Buffalo City School District [P-12 (A) 5] - Department staff presented nunc pro tunc renewal recommendations for charter schools authorized by the Board of Education of the Buffalo City School District.
The Committee recommends that the Board of Regents finds that 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 Enterprise Charter School and that a renewal charter is issued, and that its charter be extended for a term nunc pro tunc from July 1, 2021 and up through and including June 30, 2024.
The Committee recommends that the Board of Regents finds that 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 Westminster Community Charter School and that a renewal charter is issued, and that its charter be extended for a term nunc pro tunc from July 1, 2021, and up through and including June 30, 2024.
The motion passed unanimously.
Merger Revision Recommendation for a Charter School Authorized by the Board of Regents and the New York City Department of Education Chancellor [P-12 (A) 6] - Department staff presented a merger revision recommendation for a charter school authorized by the Board of Regents and the New York City Department of Education Chancellor.
The Committee recommends that the Board of Regents finds that (1) Growing Up Green Charter School II meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) Growing Up Green Charter School 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 Growing Up Green Charter School II, and the Board of Regents, therefore, approves the charter revision and amends the provisional charter accordingly.
The Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1)
- Growing Up Green Charter School be and hereby is merged with Growing Up Green Charter School II, with Growing Up Green Charter School II as the surviving education corporation under the amended name Growing Up Green Charter Schools.
- Growing Up Green Charter School 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.
- The separate existence of Growing Up Green Charter School and Growing Up Green Charter School II hereby ceases, and Growing Up Green Charter School II, the surviving corporation under the amended name Growing Up Green 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 Growing Up Green Charter School II, the surviving corporation under the amended name Growing Up Green 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.
- The merged corporation shall operate under the provisional charter granted to Growing Up Green Charter School II under the amended name Growing Up Green Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:
i. Growing Up Green Charter School; and
ii. Growing Up Green Charter School II - The merger herein shall take effect on July 1, 2022.
The Committee recommends that the Board of Regents finds that: (1) Growing Up Green Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) Growing Up Green 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 Growing Up Green Charter Schools, and the Board of Regents, therefore, approves the charter revision and amends the provisional charter accordingly.
The motion passed unanimously.
Early Renewal Recommendations for Charter Schools Authorized by the State University of New York Trustees [P-12 (A) 7] - Department staff presented early renewal recommendations for charter schools authorized by the State University of New York Trustees.
The Committee recommends that the Board of Regents return the proposed charters for Family Life Academy Charter School, Family Life Academy Charter School III, and NYC Autism Charter School East Harlem 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 their applications no earlier than one year prior to the expiration of the charter term. While we believe SUNY’s continued practice of approving early renewals violates both the spirit and intent of the Charter Schools Act and is contrary to the established practices of every other authorizer in the state, the law, in its present form, prevents the Regents from taking action to end the practice. Over the past five years, SUNY has repeatedly disregarded the Board of Regents’ objections on this matter.”
The motion passed unanimously.
Revision Recommendations for Charter Schools Authorized by the Board of Regents [P-12 (A) 8] Department staff presented revision recommendations for charter schools authorized by the Board of Regents.
The Committee recommends that the Board of Regents finds that: (1) the American Dream 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 American Dream Charter School and amends the provisional charter accordingly.
The Committee recommends that the Board of Regents finds that: (1) the Edmund W. Gordon Brooklyn Laboratory 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 Edmund W. Gordon Brooklyn Laboratory Charter School and amends the provisional charter accordingly.
The Committee recommends that the Board of Regents finds that: (1) the Staten Island Hebrew Public 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 Staten Island Hebrew Public Charter School and amends the provisional charter accordingly.
The Committee recommends that the Board of Regents finds that: (1) the Urban Choice 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 Urban Choice Charter School and amends the provisional charter accordingly.
The motion passed unanimously. Regent Cashin was absent for the vote.
Proposed Amendment of Section 100.5 of the Regulations of the Commissioner of Education Relating to Requirements for the Issuing of a Special Determination to Graduate with a Local Diploma [P-12 (A) 9] - Department staff presented proposed amendments to the Commissioner’s regulations to permit students who are scheduled to graduate in June 2022, but are unable to earn a diploma as a result of not having passed a Regents Examination or were unable to take a Regents Examination due to illness, injury or quarantine, to request a special determination to graduate with a local diploma, provided certain criteria are met.
The Committee recommends that section 100.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 14, 2022, 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 immediately provide regulatory flexibility for students who are scheduled to graduate in June 2022 but are unable to earn a diploma because they do not qualify for a special appeal, or are unable to participate in a Regents examination because of illness, including isolation or other restrictions attributable to COVID-19.
The motion passed unanimously.
MOTION FOR ACTION BY FULL BOARD
The 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 14, 2022, copies of which have been distributed to each Regent.
Deputy Commissioner Jason Harmon reviewed the items on the Consent Agenda.