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

Your P-12 Education Committee held its scheduled meeting on January 13, 2020.  All members were present except for Regent Cea, who was excused.

ACTION ITEMS

Revision to a Charter Authorized by the Board of Regents – School in the Square Public Charter School [P-12 (A) 1]

Your Committee recommends that the Board of Regents find 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 School in the Square Public Charter School and amends the provisional charter accordingly.

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

Charter Schools: Renewals to Charters Authorized by the Trustees of the State University of New York [P-12 (A) 2]

Your Committee recommends that the Board of Regents return the proposed charters for Kings Collegiate Charter School, Leadership Preparatory Bedford Stuyvesant Charter School, and Leadership Preparatory Brownsville 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 eligible applicants for the free and reduced price lunch program.  The charters should be abandoned, and the schools should be directed to resubmit the application no earlier than one year prior to the expiration of the charter term.

The motion passed.

Proposed Addition of Section 170.14 of the Regulations of the Commissioner of Education Relating to Financial Transparency Reporting Requirements [P-12 (A) 3]

Your Committee recommends that the Board of Regents take the following action:

that section 170.14 of the Regulations of the Commissioner of Education be amended, as submitted, effective January 14, 2020, 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 conform the Regulations of the Commissioner of Education to the requirements of the Every Student Succeeds Act, which requires each school district to submit a financial transparency report for inclusion in its report card beginning with actual expenditures from the 2018-19 school year and to immediately notify school districts of their obligation to file such report.

The motion passed.

Conditional Approval of the Learning Standards for Computer Science and Digital Fluency [P-12 (A) 4]

Your Committee recommends that the Board of Regents conditionally approves the learning standards for the new discipline of Computer Science and Digital Fluency, with the requirement that Department staff take the immediate next steps as outlined in the Board of Regents item.

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 January 14, 2020, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Special Education Disability Classification “Emotional Disturbance” [P-12 (D) 1]

Your Committee discussed replacing the term “emotional disturbance” in section 200.1(zz)(4) of the Commissioner’s Regulations.  It is recommended that stakeholder input be sought on this recommendation, including suggestions for replacement terms, with subsequent proposed amendment to section 200.1(zz)(4) of the Commissioner’s Regulations.

Proposed Amendment to §119.3 of the Regulations of the Commissioner of Education for Complying with the Every Student Succeeds Acts (ESSA) Financial Transparency Requirement and Other Data Reporting Requirements with Respect to Charter Schools [P-12 (D) 2]

Your Committee discussed amending current regulations to provide additional guidance and clarity to the charter sector, ensure that the regulations reflect the current Department data naming conventions, include updated reporting requirements, and help to ensure that the Department obtains information necessary to comply with federal and State reporting requirements for all schools.

Expanding the Pool of Applicants to Serve as Impartial Hearing Officers to Hear Special Education Due Process Complaints Filed in New York City [P-12 (D) 3]

Your Committee discussed expanding the pool of applicants to hear special education due process complaints filed in New York City.  NYSED will continue to engage stakeholders in discussions on expanding the pool of qualified IHOs in New York City and other issues relating to the special education due process system and will come back to you in the next couple of months with proposed regulatory changes.

Consent Agenda

The Board of Regents will take action on the following consent agenda items at its January meeting:

• Permission to Exceed the Constitutional Debt Limit: Binghamton CSD
• Building Condition Survey
• Regulations Relating to Waivers for Districts Unable to Meet Minimum Instructional Hours Because of Safety and/or Scheduling (Permanent Adoption)
• Registration of Religious and Independent High Schools
• Annual Professional Performance Reviews (APPR) of Classroom Teachers and Building Principals