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

Your P-12 Education Committee held its scheduled meeting on April 8, 2019.  All members were present.

ACTION ITEMS

Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P-12 (A) 1]

Your Committee recommends that the Board of Regents finds that, the Bronx Charter School for Children: (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 Bronx Charter School for Children and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2024.

Your Committee recommends that the Board of Regents finds that, the Williamsburg Charter High 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 Williamsburg Charter High School and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2024.

Your Committee recommends that the Board of Regents finds that, the Amani Public 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 Amani Public 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, 2022.

Your Committee recommends that the Board of Regents finds that, the Brooklyn Laboratory 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 Brooklyn Laboratory 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, 2022.

Your Committee recommends that the Board of Regents finds that, the Discovery 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 Discovery 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, 2021.

Your Committee recommends that the Board of Regents finds that, the Global Community 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 Global Community 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, 2022.

Your Committee recommends that the Board of Regents finds that, the New York City Montessori 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 New York City Montessori 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, 2022.

Your Committee recommends that the Board of Regents finds that, the 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 the 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, 2021.

Your Committee recommends that the Board of Regents finds that, the Vertus 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 Vertus 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, 2021.

The motion passed.  Regents Collins and Mittler abstained from the vote.

Revisions to Charters Authorized by the Board of Regents [P-12 (A) 3]

Your Committee recommends that 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 Evergreen Charter School and amends the provisional charter accordingly.

Your Committee recommends that 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 Neighborhood Charter School of Harlem and amends the provisional charter accordingly.

Your Committee recommends that 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 the New Visions Charter High School for Advanced Math and Science IV and amends the provisional charter accordingly.

Your Committee recommends that 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 the New Visions Charter High School for the Humanities IV and amends the provisional charter accordingly.

Your Committee recommends that 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 Unity Preparatory Charter School of Brooklyn and amends the provisional charter accordingly.

The motion passed.  Regents Collins and Mittler abstained from the vote.

Renewal Recommendations for Charter Schools Authorized by the New York City Department of Education [P-12 (A) 4]

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Imagine Me Leadership Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2024.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Renaissance Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2024.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Peninsula Preparatory Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2024.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Dr. Richard Izquierdo Health and Science Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2022.

Your Committee recommends that the Board of Regents finds that the proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner; (3) 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) will have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Metropolitan Lighthouse Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2022.

The motion passed.  Regents Collins and Mittler abstained from the vote.

Renewal Recommendations for Charter Schools Authorized by the Buffalo Public Schools Board of Education [P-12 (A) 6]

Your Committee recommends that the Board of Regents return the proposed charter for the Enterprise Charter School to the Buffalo Public Schools Board of Education for reconsideration with the following comments and recommendations: A charter term no longer than two years should be considered based on insufficient evidence of academic success by the applicant, the school’s failure to meet the percentage of students with disabilities and English language learners when compared to the district of location, and failure to meet or exceed other Performance Framework benchmarks.        

Your Committee recommends that the Board of Regents return the proposed charter for the Westminster Community Charter School to the Buffalo Public Schools Board of Education for reconsideration with the following comments and recommendations: A charter term no longer than two years should be considered based on insufficient evidence of academic success by the applicant, the school’s failure to meet the percentage of students with disabilities and English language learners when compared to the district of location, and failure to meet or exceed other Performance Framework benchmarks.     

The motion passed.

Regulations of the Commissioner of Education Relating to Students with Disabilities [P-12 (A) 2]

Your Committee recommends that subdivision (oo) of §100.2, subdivision (ppp) of §200.1 and subdivision (n) of §200.15 be added to the Commissioner’s regulations and that subdivision (b) of §200.2, subparagraph (vi) of paragraph (2) of subdivision (c) of §200.2, subdivision (e) of §200.3, subparagraph (i) of paragraph (3) of subdivision (e) of §200.4, subdivision (i) of §200.4, paragraph (6) of subdivision (a) of §200.5, subparagraph (iii) of paragraph (1) of subdivision (b) of §200.4, subparagraph (i) of paragraph (3) of subdivision (j) of §200.5, paragraph (1) of subdivision (f) of §200.15, subdivision (g) of §200.15, paragraph 1 of subdivision (c) of §200.16, and paragraph (1) of subdivision (b) of §201.11 of the Regulations of the Commissioner of Education be amended, as submitted, effective April 24, 2019.  The motion passed.

Commissioner’s Regulations Relating to the Every Student Succeeds Act (ESSA) [P-12 (A) 5]

Your Committee recommends that sections 100.2(ff), 100.2(m), 100.18, 100.19 and Part 120 of the Commissioner’s Regulations be amended and that §100.21 be added to the Commissioner’s Regulations, as submitted, effective April 13, 2019 as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of general welfare to ensure that the State’s USDE approved ESSA plan can be implemented beginning with the 2018-2019 school year, consistent with the requirements set forth by the USDE and to ensure that the emergency rule adopted at the June Regents meeting, and subsequently revised at the September, November and December 2018 Regents meetings and again adopted as an emergency action at the February 2019 meeting, can remain continuously in effect until adopted as a permanent rule; and

Your Committee further recommends that sections 100.2(ff), 100.2(m), 100.18, 100.19 and Part 120 of the Commissioner’s Regulations be amended and that §100.21 be added to the Commissioner’s Regulations, as submitted, effective April 24, 2019; and

Your Committee further recommends that Department staff is directed to review New York’s USDE-approved ESSA plan and to recommend to the Board of Regents any changes to such plan as may be necessary to ensure that the language in the plan reflects the regulations.

The motion passed.

Regulations of the Commissioner Relating to Assessments and Student Official Transcripts and Permanent Records [P-12 (A) 7]

Your Committee recommends that §104.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective April 15, 2019, 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 ensure that the proposed amendment is revised immediately to 3 timely implement the provisions of Section 30 of Part YYY of the 2019-2020 Enacted State Budget (S.1509-C/A.2009-C).  The motion passed.

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 April 9, 2019, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

ESSA Financial Transparency Requirement [P-12 (D) 1] – Your Committee was presented with an overview of the implementation of the Every Student Succeeds Act Financial Transparency Requirement.  Over the past twelve months, the Department has undertaken a rigorous approach of outreach to stakeholders to develop a report template and uniform guidance in submitting expenditure data. Preliminary guidance will be published later this spring with a comment period in place for school districts to review and recommend amendments and improvements. Final guidance will be issued following that period, with all reporting expected to be completed by early 2020.

Consent Agenda

The Board of Regents will take action on the following consent agenda items at their April 9, 2019 meeting.

• BOR Authorized Revision to the Roslyn Yalow Charter School.
• Petition of the City School District of the City Oswego for Consent to Exceed the Constitutional Debt Limit.
• Petition of the City School District of the City of Utica for Consent to Exceed the Constitutional Debt Limit.