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

Your P-12 Education Committee held its scheduled meeting on March 13, 2017.  All members were present, except for Regent Tilles, who was excused.

ACTION ITEMS

Charter School Actions

Renewal Decision for a Charter School Authorized by the Board of Regents [P-12 (A) 1]

Your Committee recommends that the Board of Regents denies the renewal application for the Rochester Career Mentoring Charter School, that the board of trustees of the Rochester Career Mentoring 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, 2017, and that the board of trustees of the Rochester Career Mentoring 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, 2017; including but not limited to the immediate provision of notice of this nonrenewal action to the parents of existing students of the 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 the Charter School’s assets in accordance with Education Law §2851(2)(t).  Regent Mead abstained from the vote.

Renewal Decisions for Charter Schools Authorized by the Board of Regents [P-12 (A) 4]

Your Committee recommends that the Board of Regents finds that, the Democracy Prep Endurance 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 Democracy Prep Endurance 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, 2022. Regent Mead abstained from the vote for Democracy Prep Endurance Charter School.

Your Committee recommends that the Board of Regents finds that, the 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 the 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, 2022.

Your Committee recommends that the Board of Regents finds that, the KIPP NYC Washington Heights 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 renewal application of the KIPP NYC Washington Heights Academy 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, 2022.

Your Committee recommends that the Board of Regents finds that, the 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 the Neighborhood Charter School of Harlem and 11 that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2022.

Your Committee recommends that the Board of Regents finds that, the New Visions Charter High School for Advanced Math and Science II: (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 New Visions Charter High School for Advanced Math and Science II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2022.

Your Committee recommends that the Board of Regents finds that, the 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 the 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, 2022.

Your Committee recommends that the Board of Regents finds that, the Riverhead 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 Riverhead 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, 2022.

Your Committee recommends that the Board of Regents finds that, the Rochester 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 12 students expected to attend the charter school, and the Board of Regents therefore approves the renewal application of the Rochester Academy 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, 2022.

Your Committee recommends that the Board of Regents finds that, the Syracuse Academy of Science 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 Syracuse Academy of Science 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, 2022.

Your Committee recommends that the Board of Regents finds that, the Health Sciences 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 Health Sciences 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, 2020.  This is a short term renewal. The charter authorizer will conduct monitoring and oversight throughout the charter term to ensure the school is in compliance with their charter and the authorizer approved Performance Framework.

Your Committee recommends that the Board of Regents finds that, the New Visions Charter High School for the Humanities II: (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 New Visions Charter High School for the Humanities II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2020.  This is a short term renewal. The charter authorizer will conduct monitoring and oversight throughout the charter term to ensure the school is in compliance with their charter and the authorizer approved Performance Framework.

Your Committee recommends that the Board of Regents finds that, the Southside 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; 13 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 Southside Academy 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, 2020.  This is a short term renewal. The charter authorizer will conduct monitoring and oversight throughout the charter term to ensure the school is in compliance with their charter and the authorizer approved Performance Framework.

Your Committee recommends that the Board of Regents finds that, the Urban Choice 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 Urban Choice 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, 2020.  This is a short term renewal. The charter authorizer will conduct monitoring and oversight throughout the charter term to ensure the school is in compliance with their charter and the authorizer approved Performance Framework.

Revision to Charters Authorized by the Board of Regents [P-12 (A) 5]

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 American Dream Charter School and amends the provisional charter accordingly.

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, 10 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 South Bronx Classical Charter School and amends the provisional charter accordingly.

Merger Revisions to Charters Authorized by the Board of Regents [P-12 (A) 6]

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 Brooklyn Laboratory Charter School and amends the provisional charter accordingly.

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

1. Brooklyn Laboratory Charter School be and hereby is merged with Brooklyn Laboratory Charter High School, with Brooklyn Laboratory Charter School as the surviving education corporation under the amended name Brooklyn Laboratory Charter Schools.

2. Brooklyn Laboratory Charter School, the surviving corporation, shall continue to 8 administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of Brooklyn Laboratory Charter School and Brooklyn Laboratory Charter High School hereby ceases, and Brooklyn Laboratory Charter School, the surviving corporation under the amended name Brooklyn Laboratory 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 Brooklyn Laboratory Charter School, the surviving corporation under the amended name Brooklyn Laboratory 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 Brooklyn Laboratory Charter School under the amended name Brooklyn Laboratory Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:

i. Brooklyn Laboratory Charter School; and
ii. Brooklyn Laboratory Charter High School

5. The merger herein shall take effect on July 1, 2017.

Your Committee further recommends that the Board of Regents finds that: (1) Brooklyn Laboratory Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Brooklyn Laboratory 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 Brooklyn Laboratory Charter Schools, and the Board of Regents therefore approves the charter revision and amends the provisional charter accordingly.

Revisions to Charters Authorized by New York City Department of Education Chancellor [P-12 (A) 7]

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 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 12 Education Law; and (4) granting the request to revise the charter 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 for Brooklyn Scholars Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

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 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 charter school, and the Board of Regents therefore approves the charter revision for Coney Island Preparatory Public Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

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 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 charter school, and the Board of Regents therefore approves the charter revision for VOICE Charter School of New York, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Regent Collins abstained from the vote for all three schools.  Regent Reyes voted in opposition of Brooklyn Scholars Charter School and Coney Island Preparatory Public Charter School. 

Renewals to Charters Authorized by Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 8-REVISED]

Your Committee recommend 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 Rochdale Early Advantage 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.

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 Teaching Firms of America Professional Preparatory 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.

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 New Heights Academy 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, 2020.  This is a short term renewal. The charter authorizer will conduct monitoring and oversight throughout the charter term to ensure the school is in compliance with their charter and the authorizer approved Performance Framework.

Other Action Items

Establish Criteria for the Approval of Pathway Assessments in Languages other than English (LOTE) [P-12 (A) 2]

Your Committee recommends that subdivisions (f) and (mm) of Section 100.2 of the Commissioner’s Regulations be amended and that subclause (1) of clause (f) of subparagraph (i) of paragraph (5) of subdivision (a) of Section 100.5 be amended, effective March 14, 2017, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that there is an appropriate set of criteria by which assessments in Languages other than English can be evaluated and approved to be used to meet assessment requirements for graduation.

School Health Services [P-12 (A) 3]

Your Committee recommends that section 136.6 of the Regulations of the Commissioner be amended, as submitted, effective March 28, 2017, 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 establish standards for the provision, maintenance and administration of epinephrine auto-injectors pursuant to Public Health Law §3000-c, as amended by Chapter 373 of the Laws of 2016, and thus ensure the timely implementation of the statute on its effective date.

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 March 13, 2017, copies of which have been distributed to each Regent. 

MATTERS NOT REQUIRING BOARD ACTION

My Brother’s Keeper (MBK) Symposium Update – the Committee was presented with an update from the February 17, 2017 MBK Symposium.  Regent Young provided an overview of the Symposium, which included over 200 representatives from around the state from areas of higher education, secondary education, teaching, and community organizations.  An ongoing survey has been sent to participants and the survey results received so far indicate that the high point of the Symposium included the Youth Forum and the Fireside Chat with Superintendents.  A state team is being assembled that will include representatives from education, juvenile and justice, and the health fields to attend a two and a half day forum to replicate the work done thus far around the state.  The Committee asked to be notified of the location of local symposiums that are happening around the state.  The next scheduled local symposium will be held on April 4 in Yonkers.

SED Guidance to Districts to Support Immigrant Students – the Committee was updated on two documents recently sent to the field.  One is a joint letter from Attorney General Eric T. Schneiderman and Commissioner Elia which talks about recent immigration-related actions and the treatment of undocumented children.  The second is guidance issued by Senior Deputy Commissioner Jhone Ebert regarding the Dignity for All Students Act (“DASA”) in light of reports involving incidents of harassment in schools across the country in recent weeks.  Both documents were distributed to the field on February 27, 2017.

Eligibility for Participation in Interscholastic Athletics [P-12 (D) 1] – the Committee discussed proposed amendments to regulations that establish the parameters for participation in interscholastic athletic competition for students in grades 7 through 12.  Currently, a school district may choose to permit certain students to compete at a level of competition deemed appropriate to their physiological maturity, physical fitness, and skill level in relationship to other students at the desired level of competition.  The standards by which such participation is permitted are commonly referred to as the Athletic Placement Process (APP). The APP, which was last updated in 2015, provides a protocol for districts that choose to allow students in grades 7 and 8 to play at the high school level, or for students in grades 9-12 to participate at the middle school level.  Additionally, the proposed amendments speak to the duration of competition, which limits the participation of students in high school athletic competition to four consecutive seasons commencing with the student’s entry into the ninth grade and prior to graduation.  An extension of duration of competition may be granted if sufficient evidence demonstrates that the student’s failure to enter competition during one or more seasons was directly caused by illness or accident, and such illness or accident will require the student to attend school for one or more additional semesters to graduate.  It is proposed that the regulations be amended to add “or documented social/emotional condition or documented social/emotional circumstances beyond the control of the pupil” to the circumstance of a student’s failure to enter competition.  The Committee made a recommendation that notification be made to parents of the eligibility issues that may arise if the family moves out of state.  It is anticipated that the proposed rule will be presented for adoption in June.

Consent Agenda

The Board of Regents will take action on the following consent agenda item at their March 13, 2017 meeting.

• Regulations relating to the Calculation of Scores for Student Learning Objectives in the Student Performance Category of APPR for Teachers and Principals in the City School District of the City of New York

• Regulations Relating to School Counseling.