Meeting of the Board of Regents | October 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendment to the Rules of the Board of Regents Relating to the Delegation of Authority with respect to certain Charter School Hearings
DATE:	October 10, 2007
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action

 

Should the Board of Regents adopt as a permanent rule the proposed amendment of section 3.16 of the Rules of the Board of Regents to delegate to the Commissioner of Education the Board of Regents authority to conduct public hearings in connection with the issuance, revision, or renewal of a charter school’s charter where the school district in which the charter school is located fails to conduct the hearing?

 

Reason(s) for Consideration

 

              Implementation of Regents Policy.

Proposed Handling

 

The proposed amendment was adopted as an emergency measure at the July Regents meeting and will come before the Board of Regents in October for adoption as a permanent rule.  A second emergency adoption is also necessary at the October meeting to ensure that the July emergency rule remains continuously in effect until the effective date of its adoption as a permanent rule.  A statement of the facts and circumstances which necessitate emergency action is attached. 

 

Procedural History

 

The proposed amendment was adopted at the July 25, 2007 Regents meeting as an emergency measure, effective July 31, 2007.  A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.

 

Background Information

 

The 2007-08 State Budget (Section 7, Part D-2 of Chapter 57 of the Laws of 2007) requires, among other things, school districts in which charter schools are located to hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school’s charter.  In the event that the school district fails to conduct this public hearing, the law requires the Board of Regents to conduct it.  The proposed amendment will delegate the Board of Regent’s authority to conduct these hearings to the Commissioner so that the hearings can be conducted expeditiously.

 

Recommendation

 

Staff recommends that the Regents take the following action:

 

VOTED:  That section 3.16 of the Rules of the Board of Regents be amended, as submitted, effective November 15, 2007, and it is further

 

              VOTED:  That section 3.16 of the Rules of the Board of Regents be amended, as submitted, effective October 29, 2007, 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 the emergency rule adopted at the July Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.

 

Timetable for Implementation

 

              The proposed amendment was adopted as an emergency measure at the July Regents meeting, effective July 31, 2007.  The July emergency rule will expire on October 28, 2007.  The second emergency action will become effective on October 29, 2007.  The permanent adoption of the amendment will become effective November 15, 2007.

 

 

Attachment

 

 

 

 

 

PROPOSED AMENDMENT OF SECTION  3.16  THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTIONS 101, 206, 207, 305  AND 2857 AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO THE DELEGATION OF AUTHORITY TO CONDUCT AND HOLD PUBLIC HEARINGS CONCERNING CHARTER SCHOOLS UNDER EDUCATION LAW SECTION 2857(1-a)

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

The proposed rule is necessary to delegate to the Commissioner of Education the Board’s authority to conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school’s charter pursuant to Education Law section 2857(1-a).  

              Effective July 1, 2007, Education Law section 2857(1) was amended by section 7 of Part D-2 of Chapter 57 of the Laws of 2007 to require, among other things, school districts in which charter schools are located to hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school’s charter.  In addition, a new Education Law section 2857(1-a) was enacted that provides that “[i]n the event the school district fails to conduct a public hearing, the board of regents shall conduct a public hearing to solicit comments from the community in connection with the issuance, revision, or renewal of a charter.”  

Having the Board of Regents personally conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school's charter is not deemed to be the most appropriate and efficacious means to address this matter, considering the scope of duties of the Board, the limited number of times that the Board meets during the year, and the time demands placed on individual Board members.  It has been determined that delegation of such responsibility to the Commissioner will provide for the most efficient and expeditious means to conduct such hearings.

              The proposed rule was adopted at the July 25, 2007 Regents meeting as an emergency measure, effective July 31, 2007, in order to immediately delegate to the Commissioner the Board's authority to conduct hearings pursuant to Education Law section 2857(1-a), and thereby ensure that any such hearings are expeditiously conducted pursuant to statutory requirements during the 2007-2008 school year.  A Notice of Proposed Rule Making was published in the State Register on August 8, 2007.

              The proposed rule has been adopted as a permanent rule at the October 22-23, 2007 Regents meeting.  Pursuant to the State Administrative Procedure Act section 203(1), the earliest the adopted rule can become effective is upon its publication in the State Register on November 14, 2007.  However, the July emergency rule will expire on October 28, 2007, 90 days after its filing with the Department of State on July 31, 2007.  A lapse in the rule's effectiveness could delay the scheduling and/or disrupt the conducting of charter school public hearings pursuant to Education Law section 2857(1-a) .

              A second emergency adoption is therefore necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the July Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

 

 

AMENDMENT TO THE RULES OF THE BOARD OF REGENTS

              Pursuant to sections 101, 206, 207, 305 and 2857 of the Education Law and Chapter 57 of the Laws of 2007

              Section 3.16 of the Rules of the Board of Regents is amended, effective November 15, 2007, as follows:

§3.16 Delegation of authority with respect to [charter school complaints] charter schools.

              (a)  Complaints against charter schools.  The Board of Regents delegates to the Commissioner of Education the authority to receive, investigate and respond to complaints presented to the Board of Regents pursuant to Education Law section 2855(4), the authority to issue appropriate remedial orders pursuant to Education Law section 2855(4), and the authority to place a charter school on probationary status and to develop and impose a remedial action plan pursuant to Education Law section 2855(3).

              (b)  Hearings.  The Board of Regents delegates to the Commissioner of Education the authority to conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision or renewal of a charter pursuant to Education Law section 2857(1-a).

 

 

 

 

 

 

 

 

AMENDMENT TO THE RULES OF THE BOARD OF REGENTS

              Pursuant to sections 101, 206, 207, 305 and 2857 of the Education Law and Chapter 57 of the Laws of 2007

              Section 3.16 of the Rules of the Board of Regents is amended, effective October 29, 2007, as follows:

§3.16 Delegation of authority with respect to [charter school complaints] charter schools.

              (a)  Complaints against charter schools.  The Board of Regents delegates to the Commissioner of Education the authority to receive, investigate and respond to complaints presented to the Board of Regents pursuant to Education Law section 2855(4), the authority to issue appropriate remedial orders pursuant to Education Law section 2855(4), and the authority to place a charter school on probationary status and to develop and impose a remedial action plan pursuant to Education Law section 2855(3).

              (b)  Hearings.  The Board of Regents delegates to the Commissioner of Education the authority to conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision or renewal of a charter pursuant to Education Law section 2857(1-a).