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

Regents Committee on P-12 Education
Vice Chancellor Chin, Chair, Regent Tilles, Regent Cea, Regent Norwood, Regent Cottrell, Regent Wills, Regent Ferrer, Regent Tanikawa, Regent Catania, and Regent Hale.

The P-12 Education Committee held its scheduled meeting on May 6, 2024. All members were present except for Regent James E. Cottrell who was excused.

Chancellor Lester W. Young, Jr., Regent Luis O. Reyes, Regent Hasoni L. Pratts, Regent Patrick A. Mannion, and Regent Seema Rivera also attended the meeting but did not vote on the action items.

ACTION ITEMS

Proposed Amendment of Section 100.5(b) of the Regulations of the Commissioner of Education Relating to Posthumous High School Diplomas [P12 (A) 1] - REVISED - Department staff presented the proposed amendment to the Commissioner’s regulations to allow school districts, registered nonpublic schools, and charter schools, at the request of the student’s parent or person in parental relation, the ability to confer a high school diploma on a deceased student if the student was enrolled in the school or district at the time of death.

The Committee recommends that section 100.5(b) of the Regulations of the Commissioner of Education be amended, as submitted, effective May 7, 2024, as an emergency rule upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to immediately permit school districts, registered nonpublic schools, and charter schools to immediately confer posthumous diplomas for the 2024 graduation season.

The motion passed unanimously.

Renewal Recommendation for a Charter School Authorized by the Trustees of the State University of New York [P12 (A) 2] - Department staff recommended that the Board of Regents send the following proposed charter back with comments for SUNY’s reconsideration:  

• KIPP Beyond Charter School (Three-year renewal term from 2026 to 2029) – Align its charter term with the education corporation and other KIPP charter schools, prior to expiration.

The Committee recommends that the Board of Regents return the proposed charter for KIPP Beyond Charter School 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 economically disadvantaged. The charter should be abandoned, and the school should be directed to resubmit an application 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 seven years, SUNY has repeatedly disregarded Regents’ objections on this matter.”

The motion passed unanimously.

Revision to Charter Authorized by the Board of Regents [P12 (A) 5] - Department staff presented recommendations for charter revisions. NYSED recommended that the Board of Regents approve charter revisions for the following charter school authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• (The) New American Academy Charter School (NYC CSD 18) - Amend the following Key Design Elements from Four-Person Teaching Teams, Embedded Master Teachers, Lower Student-to-Teacher Ratio, and Five-Week Summer Training Program to Multi-Person Teaching Teams based on Student Enrollment, Embedded Director of Teaching and Learning (“DTL”) for Grades K/1, 2/3, and 4/5, Lower Student to Instructional Staff Ratio, and Multi-Week Differentiated Summer Training Program.

The Committee recommends that the Board of Regents finds that: (1) the New American Academy 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 New American Academy Charter School and amends the provisional charter accordingly.

The motion passed unanimously. Regent Shino Tanikawa was absent for the vote.

Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P12 (A) 6] - Department staff presented recommendations for charter renewals. NYSED recommended that the Board of Regents approve charter renewals and revisions for the following charter schools authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• AECI II:  NYC Charter High School for Computer Engineering and Innovation (NYC CSD 9) 5 -YR Renewal Term with a revision to increase its grade span to include Grades 6 - 8 to its current Grade 9 – 12 configuration; and a corresponding increase to its authorized enrollment from 500 to 875 students;
• American Dream Charter School (NYC CSD 7) – 5 -YR Renewal Term; 
• Bold Charter School (NYC CSD 8) 5 -YR Renewal Term with a revision to increase its grade span to include Grades 6 - 8 to its current K - Grade 5 configuration; and a corresponding increase to its authorized enrollment from 480 to 700 students;
• Bronx Arts and Science CS (NYC CSD 8) 5 -YR Renewal Term with a revision to increase its grade span to include Grades 6 - 8 to its current K - Grade 5 configuration; and a corresponding increase to its authorized enrollment from 360 to 621 students;
• Creo College Preparatory Charter School (NYC CSD 7) 5 -YR Renewal Term with a conforming (technical correction) to revise its authorized enrollment from the currently approved 480 students to 384 students;
• Exploration Elementary CS for Science and Technology (Rochester CSD) – 3-YR Renewal Term; 
• Neighborhood CS of the Bronx (NYC CSD 7) 5 -YR Renewal Term with a revision to increase its grade span to include Grades 6 - 8 to its current K - Grade 5 configuration; and a corresponding increase to its authorized enrollment from 410 to 620 students;
• Renaissance Academy CS of the Arts (Rochester CSD) – 5-YR Renewal Term; and
• South Bronx Classical Charter School (NYC CSD 12) – 5-YR Renewal Term. 

The Committee recommends that the Board of Regents finds that: AECI II: NYC Charter High School for Computer Engineering and Innovation: (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 AECI II: NYC Charter High School for Computer Engineering and Innovation and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: American Dream 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 American Dream 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, 2029.

The Committee recommends that the Board of Regents finds that: Bold 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 Bold 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, 2029.

The Committee recommends that the Board of Regents finds that: Bronx Arts and 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 Bronx Arts and 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, 2029.

The Committee recommends that the Board of Regents finds that: Creo College Preparatory 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 Creo College Preparatory 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, 2029.

The Committee recommends that the Board of Regents finds that: Exploration Elementary Charter School for Science and Technology: (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 Exploration Elementary Charter School for Science and Technology 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: Neighborhood Charter School: Bronx: (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: Bronx and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: Renaissance Academy Charter School of the Arts: (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 Renaissance Academy Charter School of the Arts and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: South Bronx Classical 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 South Bronx Classical 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, 2029.

The motion passed unanimously. Regent Shino Tanikawa was absent for the vote.

Renewal Recommendations for Charter Schools Authorized by the New York City Department of Education [P12 (A) 7] – Department and NYC DOE staff presented recommendations for charter renewals from the NYC DOE Chancellor. The NYC DOE Chancellor recommended that the Board of Regents approve charter renewals for the following charter schools authorized by the NYC DOE Chancellor pursuant to Article 56 of the Education Law (the NYS Charter Schools Act): 

• Peninsula Preparatory Academy Charter School (Five-year Renewal with Financial Monitoring Condition);
• Imagine Me Leadership Charter School (Five-Year Renewal with a Revision to the Mission Statement and a Financial Condition);
• KIPP Academy Charter School (Five-Year Renewal);
• Harlem Children’s Zone Promise Academy Charter School (Five-Year Renewal);
• Harlem Children’s Zone Promise Academy II Charter School (Five-Year Renewal with Condition on Enrollment of Students with Disabilities);
• The Renaissance Charter School (Five-Year Renewal with a Revision to increase authorized enrollment from 600 students to 660 students); and
• Challenge Preparatory Charter School (Four-Year Renewal with Condition on Math Performance).

The Committee recommends that the Board of Regents finds that: Peninsula Preparatory 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 Peninsula Preparatory Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: Imagine Me Leadership 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 Imagine Me Leadership Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: KIPP 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 KIPP Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: Harlem Children’s Zone Promise 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 Harlem Children’s Zone Promise Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: Harlem Children’s Zone Promise Academy II 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 Harlem Children’s Zone Promise Academy II Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: The Renaissance 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 Renaissance Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2029.

The Committee recommends that the Board of Regents finds that: Challenge Preparatory 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 Challenge Preparatory Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The motion passed unanimously.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment of Sections 135.1, 135.4, and 135.5 of the Regulations of the Commissioner of Education Relating to Mixed Competition and Extra Class Athletic Activities [P12 (D) 1] - Department staff presented proposed amendments to the Commissioner’s Regulations that are necessary to ensure equitable participation in athletics.

Proposed Amendment of Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process Hearings [P12 (D) 2] – REVISED - Department staff presented the proposed amendment of Commissioner’s regulations to clarify that parents of students parentally-placed in nonpublic schools do not have the right to file a due process complaint regarding a dispute over the rate at which a provider shall be reimbursed if a school district did not implement services in an individualized education services plan and the parent unilaterally obtained such services.

Recognition of the New York State Superintendent of the Year, Dr. Joseph S. Famularo, Superintendent of Schools, Bellmore Union Free School District - Department staff and the New York State Council of School Superintendents recognized the 2024 New York State Superintendent of the Year.

Deputy Commissioner Jason Harmon reviewed the items on the Consent Agenda.