Report of Regents Meeting of the Board of Regents Committee to The Board of Regents

MEETING OF THE FULL BOARD, Tuesday, June 13 at 10:50 a.m.

Board Members in Attendance:

Lester W. Young, Jr., Chancellor
Roger Tilles
Christine D. Cea
Wade S. Norwood
Kathleen M. Cashin
James E. Cottrell
Judith Chin
Catherine Collins
Luis O. Reyes
Susan W. Mittler
Frances G. Wills
Aramina Vega Ferrer
Shino Tanikawa
Roger P. Catania

Also present were Commissioner, Betty A. Rosa, Executive Deputy Commissioner, Sharon Cates-Williams, Senior Deputy Commissioner for Education Policy, James Baldwin, Counsel and Deputy Commissioner for Legal Affairs, Daniel Morton-Bentley, and Secretary, Board of Regents, Christopher J. Halpin. Vice Chancellor Josephine Victoria Finn, and Regents Elizabeth S. Hakanson and Adrian I. Hale were absent and excused. Regent Wade S. Norwood participated by videoconference from a private location.

SCHOLARSHIP AND AWARD PRESENTATIONS

2023 Regent Eleanor Powell Bartlett Career and Technical Education Scholarships

Chancellor Young opened the presentation of the 2023 Regent Eleanor Powell Bartlett Career and Technical Education (CTE) Scholarships.

Regent Eleanor Powell Bartlett endowed a scholarship to award $1,000 each year to a senior-year CTE high school student seeking post-secondary opportunities in CTE. This inaugural scholarship recognizes the important role that CTE plays in New York. For this inaugural year two students are receiving a scholarship.

David Frank, Assistant Commissioner of the Office of Education Policy, introduced the following 2023 Regent Eleanor Powell Bartlett Career and Technical Education Scholarship Recipients.

The first recipient was Tyler Drexel, from the Duanesburg Central School District. Tyler is currently enrolled in Heavy Equipment/Construction program training and plans to enroll in the Entrepreneurship program at Schenectady County Community College.    

The second recipient was Hannah Schermerhorn, from the Ichabod Crane Central School District. Hannah plans on attending Dutchess Community College to continue her studies in Aviation. 

Better Beginnings Award

Chancellor Young introduced the Better Beginnings Award. Since 1991, the Board of Regents has sponsored the Better Beginnings Award, which is endowed by the Helen Bach Moss Memorial Fund and honors the life and career of Helen Bach Moss, a New York State educator who passed away in 1988.

The Better Beginnings award recognizes early childhood education as one of the most important investments in the long-term educational success of our students. Each year, the Better Beginnings Award recognizes an elementary teacher who exhibits the same qualities that made Helen Moss so impactful - finding and nurturing the strengths of each student while fostering relationships among students, parents, colleagues, administrators, and the community. 

Chancellor Young expressed his gratitude to Dr. Michael Moss and family for funding this award for over three decades. Dr. Moss provided remarks upon the final award of the endowment.   

Regent Frances G. Wills introduced the 2023 recipient of the Better Beginnings Award, Meaghan Boyle. Meaghan is a kindergarten special education teacher at Putnam Valley Elementary School.

She began her career as a teacher aide before going back to school to pursue a degree in teaching and has been teaching kindergarten at Putnam Valley Elementary School for 14 years. Recognizing the need to support her students to develop their independent living skills and academic potential, Meaghan also completed additional training to become a Board-Certified Behavior Analyst.

ACTION ITEMS

Charter Applications - BR (A) 1 - REVISED

MOVED, that the Board of Regents approve each application in accordance with the recommendations contained in the summary table (See Appendix I).

Supplemental Charter Applications - BR (A) 1 - SUPPLEMENTAL

MOVED, that the Board of Regents approve each application in accordance with the recommendations contained in the supplemental summary table. (See Appendix I).

Summary of the May 2023 Meeting of the Board of Regents - BR (A) 2

MOVED, that the Summary of the May 2023 Meeting of the Board of Regents of The University of the State of New York be approved.

Motion by: Regent Roger Tilles
Seconded by: Regent Christine D. Cea     
Action: Motion passed unanimously.

State Education Department May 2023 Fiscal Report - BR (A) 3

MOVED, that the Board of Regents approve the State Education Department May 2023 Fiscal Report as presented.

Motion by: Regent Aramina Vega Ferrer
Seconded by: Regent Frances G. Wills
Action: Motion passed unanimously.

PROGRAM AREA CONSENT ITEMS

Higher Education

Conferral of Degrees: Glasgow Caledonian New York College - BR (CA) 1

MOVED, that the Board of Regents confer upon the following individuals, who have completed the requirements for registered degree programs at Glasgow Caledonian New York College, the respective degree as listed below.

Glasgow Caledonian New York College - The following students have completed the requirements for the Master of Science (M.S.) award:

Anjana Baburaj
Jacqui Getz
Kate Wallace
Lidia Alvarez
Vishakha Hedau
Emily Macleod

Appointments and Reappointments to the State Professional Standards and Practices Board for Teaching - BR (CA) 2 

MOVED, that the Board of Regents appoints and reappoints the following individuals to the State Professional Standards and Practices Board for Teaching (PSPB) pursuant to section 3.14 of the Rules of the Board of Regents and the PSPB Bylaws: Elizabeth Byrnes (student) for a two-year term commencing July 1, 2023 and expiring June 30, 2025; Steve Gamache (public) for a four-year term commencing June 30, 2023 and expiring June 30, 2027; James Skoog (administrator) for a four-year term commencing July 1, 2023 and expiring June 30, 2027; Denise Farrelly (higher education) to complete the unexpired portion of a four-year term commencing July 1, 2023 and expiring June 30, 2025; Natasha Cooke-Nieves (higher education) for a four year term commencing September 30, 2023 and expiring September 30, 2027; Glenn Jeffers (public) and Coretta Wright (administrator) for reappointment of a four-year term commencing July 1, 2023 and expiring on June 30, 2027; Julie Gorlewski (higher education) for reappointment commencing September 30, 2023 and expiring on September 30, 2027; Kathleen Briggs (teacher) and Patrick Wong (teacher) for reappointment of a four-year term commencing December 31, 2023 and expiring December 31, 2027.

Master Plan Amendment - BR (CA) 3 

MOVED, that the Board of Regents approve the master plan amendment application for Vaughn College of Aeronautics and Technology in the item’s summary table.

Proposed Amendment of Section 52.21 of the Regulations of the Commissioner of Education Relating to the Pilot P-20 Partnerships for Principal Preparation Program - BR (CA) 4 

MOVED, that section 52.21 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 28, 2023.

Proposed Amendment of Section 80-2.1 of the Regulations of the Commissioner of Education Relating to the Deadline to Apply and Qualify for the Provisional School Counselor Certificate - BR (CA) 5

MOVED, that section 80-2.1 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 17, 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 extend the date by which candidates who completed a registered program leading to Provisional School Counselor certification would need to apply and qualify for this certificate to February 2, 2024, and to ensure that the emergency action taken at the April 2023 meeting remains continuously in effect.

Higher Education/ P-12 Education

Proposed Amendment of Section 30-1.8 of the Rules of the Board of Regents and Sections 52.21, 80-3.2, 80-3.3, and 80-3.7 of the Regulations of the Commissioner of Education Relating to Establishing the Indigenous Culture and Language Studies (All Grades) Certificate - BR (CA) 6

MOVED, that section 30-1.8 of the Rules of the Board of Regents and sections 52.21, 80-3.2, 80-3.3, and 80-3.7 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 28, 2023.

P-12 Education

Petition of the City School District of the City of Hornell for Consent to Exceed the Constitutional Debt Limit - BR (CA) 7

MOVED, that the Board of Regents hereby gives consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the City School District of the City of Hornell in excess of the constitutional debt limit of said school district, in an amount not to exceed $27,890,000, to be used to authorize certain capital improvements consisting of addition to, and construction and reconstruction of, existing school buildings and facilities, site improvements and the acquisition of certain original furnishings, equipment, and apparatus and other incidental improvements required in connection therewith for such construction and school use., in excess of the constitutional debt limit of said school district.

Petition of the City School District of the City of Olean for Consent to Exceed the Constitutional Debt Limit - BR (CA) 8

MOVED, that the Board of Regents hereby gives consent to authorize the district to continue to undertake and finance a “Modification of Capital Improvements Project, 2020” (“The Modified Project”) that continues to consist of addition to and reconstruction of, school buildings and other facilities, and various site and athletic field improvements, but now at a revised estimated maximum cost of $30,300,000. To expend or apply toward The Modified Project (during the 2020-2021 fiscal year of the district, with this having already occurred) $750,000 from the district’s capital reserve fund, to expend or apply toward The Modified Project (during the 2022-2023 fiscal year of the district) an additional $1,500,000 from the district’s capital reserve fund, and to finance the balance of the cost of The Modified Project by the issuance of serial bonds or other obligations of the district in a revised aggregate principal amount of not to exceed $28,050,000 pursuant to local finance law.

Registration of Public Schools - BR (CA) 9

MOVED, the schools listed on the table contained in the item be registered effective with the beginning of the 2023-24 school year.

The Registration of Religious and Independent High Schools Visited in the Spring of 2023 - BR (CA) 10

MOVED, that the following schools, which have requested high school registration and received pending registration, be fully registered:

School: MDQ Academy
County: Suffolk                      
Recommended Status: Registered

School: Al-Mamoor School
County: Queens
Recommended Status: Registered 

School: Shulamith School for Girls
County: Nassau
Recommended Status: Registered 

School: Shalsheles Bais Yaakov H.S.
County: Kings
Recommended Status: Registered

School: Bnos Derech Yisroel of Monsey
County: Rockland
Recommended Status: Registered                               

Professional Practice

(Re)Appointments of Members to the State Boards for the Professions and (Re)Appointments of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels - BR (CA) 11

MOVED, that the Board of Regents approve the proposed (Re)Appointments of Members to the State Boards for the Professions and (Re)Appointments of Extended Members to the State Boards for the Professions.

Report of the Committee on the Professions Regarding Licensing Petitions and Degree Conferrals - BR (CA) 12

MOVED, that the Board of Regents approve the recommendations of the Committee on the Professions regarding the licensing petitions and degree conferrals.

Proposed Amendment of Section 61.18 of the Regulations of the Commissioner of Education Relating to the Residency Program Requirement for Dental Licensure - BR (CA) 13

MOVED, that section 61.18 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 15, 2023, as an emergency action, upon the finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to timely implement the provisions of Chapter 613 of the Laws of 2022, which became effective November 21, 2022, and to ensure that the emergency action taken at the May 2023 meeting remains continuously in effect.

Proposed Amendment of Section 64.1 of the Regulations of the Commissioner of Education Relating to Education Requirements for Licensure as a Registered/Practical Nurse - BR (CA) 14

MOVED, that section 64.1 of the Commissioner’s Regulations be amended, as submitted, effective July 17, 2023, as an emergency action, upon the finding by the Board of Regents that such action is necessary for the preservation of the public health, safety, and general welfare in order to immediately permit the Department to reject out-of-state nursing programs approved in the original jurisdiction if a nursing program is determined to be unsatisfactory to the department, and to ensure the emergency action taken at the April 2023 meeting remains continuously in effect.

Proposed Technical Amendment of Section 68.3 of the Regulations of the Commissioner of Education Relating to the Requirements for Admission to the Examination for Licensure as an Engineer - BR (CA) 15

MOVED, that section 68.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 17, 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 465 of the Laws of 2021, which became effective April 6, 2022, and to ensure the emergency action taken at the April 2023 meeting remains continuously in effect.

Cultural Education

“Friends of LongHouse,” Represented by Susan R. Gelman, Steven Felsher, Regina Sender Levin, Jane Johnson, Julie Jensen, Carole Rosenberg, and Marcia Wilson vs. Dianne Benson, Nina Gillman, Derick George, Deborah Nevins, Mark Levine, James Zajac, Alexandra Munroe, Sherri Donghia, Richard Dranitzke, Ayse Kenmore, Peter Olsen, and Suzanne Slesin as Trustees of LongHouse Reserve - BR (CA) 16

MOVED, that the Board of Regents determines that a hearing in this matter is not required and adopts the attached recommended decision which dismisses the petition in its entirety, pursuant to § 3.31 (t) of the Rules of the Board of Regents. Petitioners have sought relief not available under Education Law § 226 (4), and petitioners have alleged facts which, even if proven true, would not warrant removal under Education Law § 226 (4).

MOVED, that the Regents approve the consent agenda items.

Motion by: Regent Judith Chin
Seconded by: Regent James E. Cottrell
Action: Motion passed unanimously.

STANDING COMMITTEE REPORTS

ADULT CAREER AND CONTINUING EDUCATION SERVICES (ACCES)

The ACCES Committee held its scheduled meeting on June 12, 2023.  All members were present, except Regent Elizabeth S. Hakanson, who was absent and excused. Chancellor Lester W. Young, Jr., Regent James E. Cottrell, Regent Frances G. Wills, and Regent Aramina Vega Ferrer also attended the meeting.

MATTERS NOT REQUIRING BOARD ACTION

Independent Living Services - Department staff presented on ACCES-VR funding that supports the delivery of independent living services to New Yorkers with disabilities. 

CULTURAL EDUCATION

The Cultural Education Committee held its scheduled meeting on June 12, 2023. All committee members were present except Regent Elizabeth S. Hakanson, who was excused.  Chancellor Lester W. Young, Regent Wade S. Norwood, Regent Kathleen M. Cashin, and Regent Judith Chin also attended the meeting

MATTERS NOT REQUIRING BOARD ACTION

Deputy Commissioner’s Report - Department staff presented a history of the Juneteenth holiday.  Staff also presented a review of cultural resources available to students, teachers, and parents as well as collaborations with P-12 education.  These resources and collaborations include:  the FindNYCulture.org website; the NY Minute in History podcast; the P-3 cultural resources projection; and the Office of Cultural Education’s newsletter.

Friends of the LongHouse Petition for Removal of the Trustees of LongHouse Reserve – Department staff presented the issue of whether the Cultural Education Committee should recommend to the full Board of Regents to hold a hearing pursuant to Education Law § 226 (4) and 8 NYCRR 3.31(t) on the application of the representatives of the “Friends of LongHouse” to remove respondents as Trustees of LongHouse Reserve.

Department staff presented two options for the Committee’s consideration:  1) dismiss the petition and forego a formal hearing or 2) recommend to the full Board of Regents to conduct a hearing.  Regent Catania motioned to dismiss the petition and forego a hearing and Regent Cea second the motion.  Regent Roger Tilles and Regent Cotrell recused themselves and the motion passed unanimously.

HIGHER EDUCATION

The Higher Education Committee held its scheduled meeting on June 12, 2023.  All members were present. Chancellor Lester W. Young, Jr. and Regent Roger Tilles also attended the meeting but did not vote on any action.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment of Section 80-5.23 of the Regulations of the Commissioner of Education Relating to the Requirements for the Endorsement of a Certificate for Service as a School Counselor [HE (D) 1] - Department staff presented proposed regulatory amendments to revise the requirements for endorsing certificates from another U.S. state or territory or the District of Columbia for school counselor certification and create  a separate pathway that recognizes comparable school counselor education programs from another U.S. state or territory or the District of Columbia for school counselor certification.

Deputy Commissioner William Murphy reviewed the items on the Consent Agenda.

P-12 EDUCATION

The P-12 Education Committee held its scheduled meeting on June 12, 2023. All members were present with the exception of Vice Chancellor Josephine Victoria Finn. 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 151-1.3 of the Regulations of the Commissioner of Education Relating to the Universal Pre-Kindergarten Program (UPK) Staffing Qualifications [P12 (A) 1 - REVISED] - Department staff presented proposed amendments to section 151-1.3(e) of the Commissioner’s regulations for emergency adoption to change the date by which school districts must submit a waiver that would allow personnel employed by an eligible agency that is collaborating with such district to provide prekindergarten services to meet the staff qualifications prescribed by the licensing or registering agency from August first to September first of the current school year. 

The Committee recommends that the Board of Regents finds that section 151-1.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 16, 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 Part A of Chapter 56 of the Laws of 2023.

The motion passed unanimously.

Proposed Amendment of Section 136.5 of the Regulations of the Commissioner of Education Relating to Requiring Non-public Schools to Follow Concussion Management Protocols [P12 (A) 2] - Department staff presented proposed amendments to the Commissioner’s regulations implementing Chapter 617 of the Laws of 2022 which requires non-public schools to follow the same rules and regulations on concussion management protocols as public schools.

The Committee recommends that the Board of Regents finds that section 136.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 1, 2023, as an emergency action, upon the finding by the Board of Regents that such action is necessary for the preservation of the public health, safety, and general welfare in order to timely implement Chapter 617 of 3.

The motion passed unanimously.

Renewal Recommendations for Charter Schools Authorized by the New York City Department of Education [P12 (A) 3] - Department and NYCDOE staff presented recommendations for charter renewals from the NYC DOE Chancellor. The NYC DOE Chancellor recommended that the Board of Regents approve charter renewals for the following charter schools authorized by the NYC DOE Chancellor pursuant to Article 56 of the Education Law (the NYS Charter Schools Act):

• Bronx Academy of Promise Charter School (NYC CSD 9) – (Five-year renewal with decrease in authorized enrollment from 815 to 615 and a revised mission statement); and
• VOICE Charter School of New York (NYC CSD 30) – (Three-year renewal).

The Committee recommends that the Board of Regents finds that Bronx Academy of Promise 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 Bronx Academy of Promise Charter School as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that VOICE Charter School of New York (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 VOICE Charter School of New York as proposed by the Chancellor of the New York City Department of Education, and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2026.

The motion passed. Regent Cashin and Regent Tanikawa opposed.

Renewal Recommendations for Charter Schools Authorized by the Trustees of the State University of New York [P12 (A) 4 - REVISED] - Department staff recommended that the Board of Regents send the following proposed charters back with comments for SUNY’s reconsideration:  

• Bronx Charter School for Better Learning II (NYC CSD 11) (Three-year early renewal term from 2025 to 2028 to align its charter term with the education corporation and Bronx Charter School for Better Learning – current expiration 7/31/25);
• Harlem Village Academy East Charter School (NYC CSD 4) (Three-year early renewal term from 2025 to 2028 to align its charter term with the affiliated education corporation, Harlem Village Academy West Charter School and its charters – current expiration 7/31/25); and
• Harlem Village Academy West 2 Charter School (NYC CSD 5) (Four-year renewal term from 2024 to 2028 to align its charter term with the education corporation and Harlem Village Academy West Charter School – current expiration 7/31/24).

The Committee recommends that the Board of Regents return the proposed charters for Bronx Charter School for Better Learning II, Harlem Village Academy East Charter School, and Harlem Village Academy West 2 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 economically disadvantaged. The charters should be abandoned, and the schools should be directed to resubmit an application no earlier than one year prior to the expiration of the charter terms. While we believe SUNY’s continued practice of approving early renewals violates both the spirit and intent of the Charter Schools Act, and is contrary to the established practices of every other authorizer in the state, the law, in its present form, prevents the Regents from taking action to end the practice. Over the past six years, SUNY has repeatedly disregarded Regents’ objections on this matter.

The motion passed unanimously.

Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P12 (A) 6] - Department staff presented recommendations for charter renewals. NYSED recommended that the Board of Regents approve charter renewals for the following charter schools authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act):

Charter High School for Law and Social Justice (NYC CSD 10) – (Four-year renewal-and revisions to amend its Key Design Elements, increase the school’s authorized enrollment from 450 students to 475 students in Grades 9-12, and eliminate the requirement to contract with a CMO and allow the school to replace its current contract with Shared Space Professional Development, Inc. (SSPD) with a partnership contract with SSPD for professional development beginning in the 2023-2024 school year); 

• Collegiate Academy for Mathematics and Personal Awareness Charter School (NYC CSD 19) – (Four-year renewal);
• Edmund W. Gordon Brooklyn Laboratory Charter School (NYC CSD 13) – (Three-year renewal and a revision to decrease its grade span to remove Grades 9 through 12 from its current Grade 6 through 12 configuration beginning in the 2023-2024 school year);
• Emblaze Academy Charter School (NYC CSD 8) – (Three-year renewal and a revision to decrease its enrollment from 360 students to 300 students);
• John W. Lavelle Preparatory Charter School (NYC CSD 31) – (Four-year renewal and revisions to amend its Key Design Elements);
• Lois and Richard Nicotra Early College Charter School (NYC CSD 31) – (Four-year renewal and revisions to amend its Key Design Element); 
• Math, Engineering, and Science Academy Charter High School (NYC CSD 32) – (Five-year renewal);
• New Visions Charter High School for Advanced Math and Science III (NYC CSD 22) – (Five-year renewal and a revision to decrease its authorized enrollment from 500 students to 430 students);
• New Visions Charter High School for the Humanities II (NYC CSD 8) – (Five-year renewal);
• OnTECH Charter High School (Syracuse City School District) – (Four-year renewal and revisions to decrease its enrollment from 360 students to 300 students and, amend the Brain-Based Learning Key Design Element by modifying the start of the school day from 10:00 a.m. to “later than 8:30 a.m.” beginning in the 2023-2024school year);
• South Bronx Classical Charter School II (NYC CSD 7) – (Five-year renewal);
• Southside Academy Charter School (Syracuse City School District) – (Four-year renewal);
• Urban Dove Team Charter School II (NYC CSD  7) – (Five-year renewal); and
• Utica Academy of Science Charter School (Utica City School District) – (Four-year renewal and revisions to increase its enrollment from 858 students to 975 students and amend its Key Design Elements).

The Committee recommends that the Board of Regents finds that Charter High School for Law and Social Justice: (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 Regent, therefore approves the renewal application of Charter High School for Law and Social Justice and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that that Collegiate Academy for Mathematics and Personal Awareness 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 Regent, therefore approves the renewal application of Collegiate Academy for Mathematics and Personal Awareness 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, 2027.

The Committee recommends that the Board of Regents finds that Edmund W. Gordon 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 Edmund W. Gordon 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, 2026.

The Committee recommends that the Board of Regents finds that Emblaze Academy 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 Emblaze Academy 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, 2026.

The Committee recommends that the Board of Regents finds that John W. Lavelle Preparatory 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 Regent, therefore approves the renewal application of John W. Lavelle Preparatory 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, 2027.

The Committee recommends that the Board of Regents finds that Lois and Richard Nicotra Early College 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 Lois and Richard Nicotra Early College 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, 2027.

The Committee recommends that the Board of Regents finds that Math, Engineering, and Science Academy 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 Regent, therefore approves the renewal application of Math, Engineering, and Science Academy 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, 2028.

The Committee recommends that the Board of Regents finds that New Visions Charter High School for Advanced Math and Science III: (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 Regent, therefore approves the renewal application of New Visions Charter High School for Advanced Math and Science III and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that New Visions Charter High School for the Humanities II: (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 Regent, therefore approves the renewal application of New Visions Charter High School for the Humanities II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that OnTECH 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 OnTECH 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, 2027.

The Committee recommends that the Board of Regents finds that South Bronx Classical Charter School II: (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 South Bronx Classical Charter School II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that Southside Academy 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 Regent, therefore approves the renewal application of Southside Academy Charter Sch l and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2027.

The Committee recommends that the Board of Regents finds that Urban Dove Team Charter School II: (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 Urban Dove Team Charter School II and that a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2028.

The Committee recommends that the Board of Regents finds that Utica Academy of Science 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 Regent, therefore approves the renewal application of Utica Academy of Science 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, 2027.

There was a motion to sever New Visions Charter High School for the Humanities II, OnTECH Charter High School, and Urban Dove Team Charter School II from the package of the fourteen schools listed above. Regent Tanikawa made the motion, and Regent Tilles seconded it.

The motion did not carry.

The members then voted on the entire package of fourteen renewals.

The motion passed. Regent Tanikawa opposed.

Revisions to Charters Authorized by the Board of Regents [P12 (A) 7] - Department staff presented recommendations for charter revisions. NYSED recommended that the Board of Regents approve charter revisions for the following charter schools authorized by the Board of Regents pursuant to Article 56 of the Education Law (the NYS Charter Schools Act):

• Brooklyn Laboratory Charter School (NYC CSD 13) – (Decrease its grade span to remove Grade 6 through Grade 8 from its current Grade 6 through Grade 12 configuration beginning in the 2023-2024 school year); and
• Ivy Hill Preparatory Charter School (NYC CSD 18) – (Decrease its authorized enrollment from the currently approved 360 students to 265 students).

The Committee recommends that the Board of Regents finds that (1) the Brooklyn Laboratory 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 Brooklyn Laboratory Charter School and amends the provisional charter accordingly.

The Committee recommends that the Board of Regents finds that (1) the Ivy Hill Preparatory 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 Ivy Hill Preparatory Charter School and amends the provisional charter accordingly.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The P-12 Education Committee recommends, and we move, that at its meeting on June 13, 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 Amendments to Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures [P12 (D) 1] - Department staff presented revisions to the proposed amendment of section 200.5 of the Regulations of the Commissioner of Education relating to: limiting extensions in special education due process hearings; permitting enforcement of mediation and resolution agreements through the use of state complaint procedures set out in section 200.5(l); adding new requirements regarding the conduct of attorneys and non-attorney representatives in special education due process hearings; permitting impartial hearing officers the authority to determine, with consent of the parties, whether a hearing be conducted in-person, by teleconference, or videoconference.

2023 National Superintendent of the Year Recognition - Department staff and invited guests recognized Kevin McGowan, superintendent of Brighton Central Schools, who was recently named the 2023 National Superintendent of the Year.   

Proposed Amendments to State ESSA Plan - Accountability “Rebuild” Phase - Department staff presented proposed amendments to the accountability section of the approved Every Student Succeeds Act Plan (ESSA), which will eventually require amendments to section 100.21 of the Regulations of the Commissioner of Education. The proposed adjustments to the ESSA plan reflect a two-year accountability transition plan and relate to updated procedures for the review of school and district performance for the 2023–2024 school year based on 2022–2023 school year results and the 2024–2025 school year based on 2023–2024 school year results.

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

PROFESSIONAL PRACTICE

The Professional Practice Committee held its scheduled meeting on June 13, 2023.  All members were present except Vice Chancellor Josephine Victoria Finn and Regent Elizabeth S. Hakanson, who were excused. Regent Wade S. Norwood participated by videoconference. Chancellor Lester W. Young, Jr., Regent Roger Tilles, Regent Kathleen M. Cashin, Regent Judith Chin, Regent Luis O. Reyes, Regent Susan W. Mittler, Regent Aramina Vega Ferrer, and Regent Shino Tanikawa also attended the meeting, but did not vote on any action.

ACTION ITEMS

Professional Discipline Cases [PCC EXS (A) 1 – REVISED and PPC EXS (A) 2 - 3]

The Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 5 cases, with Regent Collins abstaining from 5 cases (Calendar Nos 30292, 30435, 32719, 32718, 33182).  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 26 consent order applications and 2 surrender applications be granted.

These recommendations are made following the review of 33 cases involving seven licensed practical nurses, seven registered professional nurses, three certified public accountants, three licensed practical nurses who are also registered professional nurses, two midwives, one dental hygienist, one dentist, one dentist who is also holds a certificate to administer General Anesthesia, one licensed master social worker, one licensed mental health counselor, one massage therapist, and one pharmacist.

Restorations [PPC EXS (A) 4-6]

The Committee recommends that the application of Juliet J. Clifford for the restoration of her license to practice as a Registered Professional Nurse in New York State be granted. [PPC EXS (A) 4]

The Committee recommends that prior to his return to practice as a Registered Professional Nurse in the State of New York, Matthew Piegari must obtain at his own expense a mental health evaluation, from a board-certified psychiatrist, licensed mental health practitioner or other health care professional or program previously approved by the Director of the Office of Professional Discipline. Further, that if during his mental health evaluation, it is determined, by the mental health care Evaluator that Matthew Piegari needs mental health therapy, that he be required to engage and continue in therapy with a treating board-certified psychiatrist, licensed mental health practitioner or other health care professional or program previously approved by the Director. Upon determination by the treating mental health practitioner that Matthew Piegari is fit to practice and remains fit to practice and receipt of documentation to that effect; and that Matthew Piegari completes a reentry program, to be undertaken live with in-person attendance and which is comprised of forty (40) contact hours of didactic study, one hundred and sixty (160) hours of clinical study; said course to be previously approved, in writing, by the Director of the Office of Professional Discipline; and that he successfully completes the National Council Examination for Registered Nurses (NCLEX-RN), as determined by the Director of the Office of Professional Discipline. Thereafter, the execution of the surrender of his license to practice as a Registered Professional Nurse be stayed; that, upon his return to practice, he be placed on probation for a period of five years under specified terms of probation that include unannounced drug testing; and upon completion of probation, that his license be fully restored. [PPC EXS (A) 5]

The Committee recommends that the application of Steve Yunatanov for the restoration of his license to practice as a Dentist in New York State be denied. [PPC EXS (A) 6]

Long-Term Clinical Clerkships [PPC EXS (A) 7 – REVISED]

The Committee recommends that the applications for Medical University of Lublin, University of Silesia in Katowice, Fatima College of Medicine, and American University of Antigua to place students in long-term clinical clerkships in New York be approved, in accordance with and subject to the recommendations of the Advisory Committee on Long-term Clinical Clerkships.

The motion passed unanimously.  Regent Collins opposed.

Proposed Addition of Section 29.20 to the Rules of the Board of Regents and Repeal of Sections 52.44 and 52.45, Repeal and Addition of New Sections 79-17.1, 79-17.2, 79-18.1, 79-18.2, Amendment of Sections 79-17.3, 79-17.5, 79-18.3, and 79-18.5, and Addition of Sections 79-17.6 and 79-18.6 to the Regulations of the Commissioner of Education Relating to the Licensure of Applied Behavior Analysts and Certification of Applied Behavior Analyst Assistants [PPC (A) 1] - Department staff presented for emergency action proposed amendments to conform the requirements for licensure and practice as a Licensed Behavior Analyst and certification as a Certified Behavior Analyst Assistant with provisions in Chapter 818 of the Laws of 2021 (Chapter 818) and Chapter 641 of the Laws of 2022 (Chapter 641). The amendments will conform New York’s requirements to national standards while ensuring appropriate preparation for the provision of applied behavior analysis services pursuant to a diagnosis and order from authorized professionals to treat individuals with behavioral health conditions. Following publication in the State Register, the Department received numerous comments from multiple commenters. Emergency action is necessary due to the volume and complexity of the public comments, which require additional time to review to determine potential revisions. Emergency action is further necessary because Chapter 818’s provisions become effective June 30, 2023 and Chapter 641’s provisions became effective November 22, 2022.

The Committee recommends that: Section 29.20 of the Rules of the Board of Regents be added , sections 52.44 and 52.45 of the Regulations of the Commissioner of Education be repealed, sections 79-17.1, 79-17.2, 79-18.1, 79-18.2 of the Regulations of the Commissioner of Education be repealed and new sections 79-17.1, 79-17.2, 79-18.1, 79-18.2 of the Regulations of the Commissioner of Education be added, and sections 79-17.3 and 79-18.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 30, 2023, 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 in order to timely implement the requirements of Chapter 818 of the Laws of 2021, which becomes effective June 30, 2023; and

Sections 79-17.5, and 79-18.5 of the Regulations of the Commissioner of Education be amended, and sections 79-17.6 and 79-18.6 of the Regulations of the Commissioner of Education be added, as submitted, effective June 13, 2023, 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 in order to timely implement the requirements of Chapter 641 of the Laws of 2022, which became effective November 22, 2022.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The Professional Practice 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 June 13, 2023, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment of Section 29.7 of the Rules of the Board of Regents and Sections 63.6 and 63.8 of the Regulations of the Commissioner of Education Relating to the Registration and Operation of Central Fill Pharmacies [PPC (D) 1] - Department staff presented for discussion a proposed amendment to the Commissioner’s regulations to establish definitions for central fill pharmacies and originating pharmacies, requirements for the registration and regulation of resident and non-resident central fill pharmacies and requirements for originating pharmacies. The proposed amendment to the Regents Rules further establishes that it is misconduct for a pharmacy operating as a central fill pharmacy or an originating pharmacy engaged in central fill activity to fail to adhere to the requirements set forth in section 63.6 of the Commissioner’s regulations.

Deputy Commissioner Sarah Benson reviewed the items on the Consent Agenda.

PROFESSIONAL PRACTICE/HIGHER EDUCATION JOINT COMMITTEE

The Joint Professional Practice/Higher Education Committee held its scheduled meeting on June 13, 2023.  All members were present except Vice Chancellor Josephine Victoria Finn who was excused. Regent Wade S. Norwood participated by videoconference. Chancellor Lester W. Young and Regent Roger Tilles also attended the meeting but did not vote on any action.

ACTION ITEMS

Proposed Addition of Section 29.21 to the Rules of the Board of Regents and Section 59.16 of the Regulations of the Commissioner of Education and Amendment of Section 80-5.6 of the Regulations of the Commissioner of Education Relating to Temporary Practice by Certain U.S. Servicemembers and Servicemembers’ Spouses Licensed or Certified in Another State [PPC/HE (A) 1] - Department staff presented proposed amendments to the Regents Rules and the Commissioner’s regulations for emergency adoption to implement federal Public Law 117-333 (effective January 25, 2023) which permits the portability of professional licenses of servicemembers and their spouses who are relocated to New York State by a military order for military service. The proposed amendment provides for a temporary practice certificate for out-of-state licensed professionals and a permit for out-of-state licensed or certified educators.

The Committee recommends that section 29.21 of the Rules of the Board of Regents and section 59.16 of the Regulations of the Commissioner of Education be added, and section 80-5.6 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 13, 2023, as an emergency action, upon a finding that such action is necessary for the preservation of the public health and the general welfare in order to timely implement the provisions of federal law Public Law 117-333, effective January 5, 2023, which will increase the number of licensed professionals and practicing educators in New York State.

The motion passed unanimously.

MOTION FOR ACTION BY FULL BOARD

The Joint Professional Practice/Higher Education Committee recommends, and we move, that the Board of Regents act affirmatively upon the recommendation in the written report of the Committee's deliberations at its meeting on June 13, 2023, copies of which have been distributed to each Regent.

MOVED, that the P-12 Education Committee Item, Renewal Recommendations for Charter Schools Authorized by the Board of Regents [P-12 (A) 6] be severed from the P-12 Education Committee Report.

Motion by: Regent Susan W. Mittler   
Seconded by: Regent Kathleen M. Cashin
Action: Motion did not pass.

MOVED, that the Committee Reports be approved.

Motion by: Regent Judith Chin
Seconded by: Regent Christine D. Cea
Action: Motion passed. Regent Kathleen M. Cashin, Catherine Collins and Susan W. Mittler opposed.

Chancellor Young adjourned the meeting.