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

The P-12 Education Committee held its scheduled meeting on September 11, 2023. All members were present except for Regent Christine D. Cea, Regent Wade S. Norwood, Regent Kathleen M. Cashin, and Regent James E. Cottrell who were excused. Chancellor Lester W. Young, Jr., Regent Catherine Collins, Regent Luis. O. Reyes, and Regent Susan W. Mittler also attended the meeting but did not vote on the action items.

ACTION ITEMS

Proposed Amendment of Section 100.13 of the Regulations of the Commissioner of Education Relating to Contracts for Excellence and Class Size Reduction in the City School District of the City of New York [P12 (A) 1 - REVISED] – Department staff presented proposed amendments to the Commissioner’s regulations to align such with recent amendments made to Education Law § 211-D.

The Committee recommends that the Board of Regents finds that section 100.13 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 12, 2023, 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 the Commissioner’s regulations to Chapter 556 of the Laws of 2022, as amended by Chapter 86 of the Laws of 2023.

The motion passed unanimously.

Proposed Emergency Amendment of Section 154-2.3 of the Regulations of the Commissioner of Education Relating to the Timeline for Initial Enrollment or Reentry Identification and Parent Notification, Orientation, and Placement of English Language Learners [P12 (A) 2] – Department staff presented proposed emergency amendments to the Commissioner’s Regulations Part 154-2 that allow for the provision of flexibility to school districts during times of crisis, as identified by the Commissioner, in the identification and placement timeline to determine whether students are English Language Learners (ELLs) while ensuring that such students receive appropriate services and supports.

The Committee recommends that the Board of Regents finds that section 154-2.3(g) of the Regulations of the Commissioner of Education be amended, as submitted, effective September 12, 2023, 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 provide flexibility to school districts experiencing an unanticipated increase in enrollment of speakers of languages other than English due to the current influx of asylum seekers.

The motion passed unanimously.

Proposed Amendment of Sections 100.19 and 100.21 of the Regulations of the Commissioner of Education Relating to Rebuilding the Every Student Succeeds Act (ESSA) Accountability System using 2022–2023 and 2023–2024 School Year Results [P12 (A) 3] – Department staff presented proposed amendments to the Commissioner’s Regulations 100.21 for emergency action to enact the USDE approved amendments to the New York State ESSA Plan outlining the accountability Rebuild proposal.

The Committee recommends that the Board of Regents finds that sections 100.19 and 100.21 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 12, 2023, 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 align the Regulations of the Commissioner of Education with New York’s ESSA Accountability State Plan.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The P-12 Education Committee recommends, and we move, that at its meeting on September 12, 2023, the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment of Sections 275.2, 275.7, 275.9, 275.11, 276.9, and 277.2 of the Regulations of the Commissioner of Education Relating to Appeals to the Commissioner of Education under Education Law § 310 [P12 (D) 1 - REVISED] – Department staff presented proposed amendments to the Regulations of the Commissioner of Education relating to class appeals, verification, filing fees, notice of petition, and dismissal of appeals for 310 appeals to the Commissioner of Education. 

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