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

The P-12 Education Committee held its scheduled meeting on September 12, 2022. All members were present except Regent Tilles, who was excused. Regent Collins, Regent Hakanson, Regent Reyes, and Regent Mittler, also attended the meeting but did not vote on any action.  

ACTION ITEMS

Proposed Amendment of Section 100.5(b) of the Regulations of the Commissioner of Education Relating to the Laboratory Experience Required in Order to Take a Science Regents Examination [P-12 (A) 1] – Revised - Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations to permit students to complete the required 1,200 minutes of laboratory experience through a combination of hands-on and simulated laboratory experience.  

The Committee recommends that section 100.5(b) of the Regulations of the Commissioner of Education be amended, as submitted, effective September 13, 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 permit students to satisfy the science laboratory experience requirements to take a science Regents Examination through both hands-on and simulated experience.

The motion passed unanimously. 

Proposed Amendment of Section 151-1.3 of the Regulations of the Commissioner of Education Relating to Universal Prekindergarten Program (UPK) Staffing Qualifications [P-12 (A) 2] - Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations relating to staffing qualifications for pre-kindergarten teachers. 

The Committee recommends that section 151-1.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 13, 2022, 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 conform Commissioner’s regulations with the amendments made to Education Law §3602-e by Part A of Chapter 56 of the laws of 2022, which took effect April 1, 2022.

The motion passed unanimously. 

Proposed Amendment of Sections 200.7, 200.16, and 200.20 of the Regulations of the Commissioner of Education Relating to Remote Instruction and its Delivery Under Emergency Conditions and Length of School Day for Approved School-Age and Preschool Programs Serving Students with Disabilities [P-12 (A) 3] -Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations relating to remote instruction and its delivery under emergency conditions for students in approved private schools for the education of students with disabilities, state-supported schools, state-operated schools, and approved preschool special education programs. These proposed regulations would provide the same flexibility for remote instruction under emergency conditions that was proposed for districts at the April 2022 Board of Regents meeting.  

The Committee recommends that sections 200.7, 200.16, and 200.20 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 13, 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 permit approved special education providers to provide remote instruction in the 2022-2023 school year on days they would otherwise close due to an emergency and to count such instructional days towards minimum requirements and to identify the ways in which such remote instruction may be delivered.

The motion passed unanimously. 

Proposed Amendment of Sections 100.1, 155.17, and 175.5 of the Regulations of the Commissioner of Education Relating to Remote Instruction and its Delivery under Emergency Conditions [P-12 (A) 4] - Department staff presented for permanent adoption proposed amendments to the Commissioner’s regulations relating to remote instruction and its delivery under emergency conditions.

The Committee recommends that sections 100.1, 155.17, and 175.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 28, 2022.

The motion passed unanimously. 

Proposed Amendment of Section 135.5 and Addition of Section 136.9 of the Regulations of the Commissioner of Education Relating to Implementing the Dominic Murray Sudden Cardiac Arrest Prevention Act [P-12 (A) 5] - Department staff presented revisions to the proposed amendments to the Commissioner's regulations relating to implementing the Dominic Murray Sudden Cardiac Arrest Prevention Act. This was presented for second Emergency Action.

The Committee recommends that section 135.5 of the Commissioner’s regulations be amended, and section 136.9 of the Commissioner’s regulations be added, as submitted, effective September 13, 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 and public health to timely implement the provisions of the Dominic Murray Sudden Cardiac Arrest Prevention Act (Chapter 500 of the Laws of 2021) on its effective date, and to ensure that the emergency action taken at the May Regents meeting remains continuously in effect.

The motion passed unanimously.

Proposed Amendment of Section 155.17 of the Regulations of the Commissioner of Education Relating to School Safety Plans [P-12 (A) 6] - Department staff presented for emergency adoption proposed amendments to the Commissioner’s regulations to implement Alyssa’s Law, which amends Education Law §2801-a to require schools to consider silent panic alarm systems when reviewing and amending district and school safety plans.   

The Committee recommends that section 155.17 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 13, 2022, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare to immediately conform section 155.17 of the Commissioner’s regulations with the amendments made to Education Law §2801-a by Chapter 227 of the Laws of 2022, which became effective on June 23, 2022.

The motion passed unanimously. 

Proposed Addition of Part 130 of the Regulations of the Commissioner of Education Relating to Substantially Equivalent Instruction for Nonpublic School Students [P-12 (A) 7] - Department staff presented for permanent adoption proposed amendments to the Commissioner’s regulations to establish requirements pertaining to the determination that substantially equivalent instruction is provided in nonpublic schools.   

The Committee recommends that Part 130 of the Regulations of the Commissioner of Education be added, as submitted, effective September 28, 2022.

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 September 13, 2022, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment of Sections 275.3, 275.9, 275.17, 276.4, and 276.8 Repeal of Section 276.2, and Addition of a New Section 276.2 of the Regulations of the Commissioner of Education Relating to Form of Pleadings, Electronic Filing, Extensions for Filing Memoranda of Law, Confidential Resolution Conferences, and Oral Arguments for Appeals to the Commissioner of Education under Education Law §310 [P-12 (D) 1] - Department staff presented proposed amendments to the Commissioner’s regulations relating to the proper form of pleadings, permitting alternative service of a petition by mail and email with prior permission of the Commissioner, electronic filing of pleadings, extensions for filing memoranda of law, confidential resolution conferences, and oral arguments for Education Law §310 Appeals of the Commissioner of Education. 

Update on Department Plans for Restarting the Accountability System Required Under the Every Student Succeeds Act - Department staff presented an overview of the work that has been conducted to meet federal requirements related to restarting the ESSA Accountability system that will be implemented in the 2022-2023 school year following two years of USDE provided waivers that allowed the Department to suspend accountability determinations due to COVID-19 disruptions. 

Presentation of the Graduation Measures Blue Ribbon Commission Demographics - Department staff presented the demographics of the members of the Graduation Measures Blue Ribbon Commission.

Deputy Commissioner Angelique Johnson-Dingle reviewed the items on the Consent Agenda.