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

Your P-12 Education Committee held its scheduled meeting on May 7, 2018.  All members were present, except for Vice Chancellor Brown and Regents Cea, Finn and Collins, who were excused.

ACTION ITEMS

Transfer Application: From the New York City Department of Education Chancellor to the Board of Regents [P-12 (A) 1]

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 3 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 the request of Williamsburg Charter High School to have the Board of Regents serve as the charter entity for the school, with authority to oversee and supervise such charter school, in accordance with §2851(5) of the Education Law.  The motion passed unanimously.  Regent Tilles was not present for the vote.

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

Your Committee recommends that the Board of Regents finds that: (1) Classical Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Classical 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 Classical Charter Schools, and the Board of Regents, therefore, approves the charter revision and amends the provisional charter accordingly.  The motion passed unanimously.  Regent Tilles was not present for the vote.

Revision to a Charter Authorized by the Board of Regents [P-12 (A) 3]

Your Committee recommends 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 Mott Hall Charter School and amends the provisional charter accordingly. The motion passed. Regents Reyes and Mittler abstained.  Regent Tilles was not present for the vote.

Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P-12 (A) 5]

Your Committee recommends that the Board of Regents finds that, the New Visions Charter High School for Advanced Math and Science III: (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 III and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2023.

Your Committee recommends that the Board of Regents finds that, the New Visions Charter High School for the Humanities III: (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 III and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2023.

Your Committee recommends that the Board of Regents finds that, the South Bronx Classical Charter School 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 South Bronx Classical Charter School II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2023. 

The Committee voted on all three charter schools in one vote, which passed unanimously.  Regent Tilles was not present for the vote.

Reports of Incidents of Harassment, Bullying and/or Discrimination Pursuant to the Dignity for All Students Act [P-12 (A) 4]

Your Committee recommends that a new subparagraph (x) be added to paragraph (1) of subdivision (kk) of section 100.2 of the Regulations of the Commissioner of Education, as submitted, effective May 8, 2018, 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 incidents of harassment, bullying, and/or discrimination which may constitute violations of the Dignity for All Students Act are promptly reported to the principal, superintendent, or designee.  The motion passed unanimously.

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 May 8, 2018, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Information Privacy Program [P-12 (D) 1] – the Committee was updated on data privacy and security activities as well as the progress of regulations that are being drafted to implement New York’s data privacy law.  The Department’s Chief Privacy Officer (CPO), in partnership with the Data Privacy Advisory Council (DPAC), is currently working to draft a regulatory proposal for the Board’s consideration that would implement requirements around student data privacy.  To date, the DPAC has focused its work on gathering information from the field of stakeholders and experts to begin drafting data security and privacy standards that will apply to every educational agency.  The standards will serve as minimum requirements that must be adopted for compliance but beyond which educational agencies may choose to go.  The Department is currently conducting a listening tour across the State to seek input from parents, education experts and other stakeholders on additional elements of the parent’s bill of rights, and on sections of the student data privacy law that should be addressed in regulations.

Annual Professional Performance Review (APPR) Update – On April 26, 2018, a bill was introduced in the New York State Assembly that would amend the Education Law which governs teacher and principal evaluation.  The same bill was introduced in the Senate the following day.  The bill has passed in the Assembly but has not yet passed in the Senate.  The Committee was provided with a review of the provisions of the bill, should it become law.  A few of the provisions discussed include:

• the use of State-created or administered tests being optional instead of mandatory;
• the elimination of the State Growth Model for teachers of grades 4-8, building principals covering those grade levels, and high school principals (grades 9-12);
• the selection of assessments for student learning objectives being subject to collective bargaining; and
• the use of the evaluation system currently in place during the term of any collective bargaining agreements that are in effect prior to the effective date of the amendment.

If the bill becomes law, the Department will amend Commissioner’s Regulations to conform to the new requirements.  A new template will be developed for the new APPR plans, field guidance and other resources will be issued, and training will be provided to the field.  Districts will collectively bargain new APPR plans which must be approved by the Commissioner.  There is no specific date by which school districts must negotiate their new plans in order to maintain eligibility for State aid increases.

Consent Agenda

The Board of Regents will take action on the following consent agenda item at their May 8, 2018 meeting.

• Petition of the City School District of the City of Salamanca for Consent to Exceed the Constitutional Debt Limit.