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

Your P-12 Education Committee held its scheduled meeting on April 18, 2016.  All members were present. 

ACTION ITEMS

APPR Transition Regulations [P-12 (A) 1]

Your Committee recommends that sections 30-2.14 and 30-3.17 of the Rules of the Board of Regents be added, effective May 13, 2016, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to timely implement the recommendations of the New York Common Core Task Force Report, by ensuring that State assessments aligned to the Common Core do not have consequences and that they only be used on an advisory basis for teachers and principals and to ensure that the emergency rule adopted at the December 2015 Regents meeting remains continuously in effect until it can be adopted as a permanent rule. Regents Collins, Johnson and Reyes abstained.

The Committee discussed the establishment of a work group to conduct research and look at what has been learned as a result of the last two years of implementation of APPR. 

Renewal Decisions for Charter School Authorized by the Board of Regents [P-12 (A) 2]

A motion was made to remove the La Cima Charter School from the vote and to send comments back to the school seeking more information on the change from a dual language arts program as a key design element to a Spanish language arts program.  A second motion was made to approve the remaining four charter school items.  The motion was passed, with Regent Reyes abstaining.

Your Committee recommends that the Board of Regents finds that, the Niagara 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 Niagara 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 Aloma D. Johnson 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 Aloma D. Johnson 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, 2019.

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 38 a renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2019.

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, 2019.

Merger Revisions to Charters Authorized by the Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 3]

Manhattan Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1. Manhattan Charter School be and hereby is merged with Manhattan Charter School 2, with Manhattan Charter School as the surviving education corporation under the amended name Manhattan Charter Schools.

2.  Manhattan Charter Schools, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist,

3. The separate existence of Manhattan Charter School and Manhattan Charter School 2 hereby ceases, and Manhattan Charter School 2, the surviving corporation under the amended name Manhattan Charter Schools is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to Manhattan Charter Schools 2, the surviving corporation under the amended name Manhattan Charter Schools, and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to Manhattan Charter School 2 under the amended name Manhattan Charter Schools, which is hereby amended to authorize the operation of two public charter schools as follows:

i.   Manhattan Charter School, and

ii.   Manhattan Charter School 2

5.  The merger herein shall take effect on July 1, 2016.

It is further voted that the Board of Regents finds that: (1) Manhattan Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Manhattan Charter Schools can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise 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 revise the charter would have a significant educational benefit to the students expected to attend the schools operated by Manhattan Charter Schools, and the Board of Regents therefore approves the charter revision for Manhattan Charter Schools, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.

Classical Charter Schools

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1):

1.  South Bronx Classical Charter School and South Bronx Classical Charter School III be and hereby are merged with South Bronx Classical Charter School II, with South Bronx Classical Charter School II as the surviving education corporation under the amended name Classical Charter Schools.

2.  Classical Charter Schools, the surviving education corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of the education corporations South Bronx Classical Charter School, South Bronx Classical Charter School II, and South Bronx Classical Charter School III hereby cease, and South Bronx Classical Charter School II, the surviving corporation under the amended name Classical Charter Schools is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to South Bronx Classical Charter School II, the surviving corporation under the amended name Classical Charter Schools and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4.  The merged corporation shall operate under the provisional charter granted to South Bronx Classical Charter School II under the amended name Classical Charter Schools, which is hereby amended to authorize the operation of three public charter schools as follows:

i.   South Bronx Classical Charter School,

ii.   South Bronx Classical Charter School II, and

iii. South Bronx Classical Charter School III.

5. The merger herein shall take effect on July 1, 2016.

It is further voted that the Board of Regents finds that: (1) Classical Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Classical Charter Schools can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise 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 revise the charter would have a significant educational benefit to the students expected to attend the schools operated by Classical Charter Schools, and the Board of Regents therefore approves the charter revision for Classical Charter Schools and amends the provisional charter accordingly.

Merger Revision to Charters Authorized by the Board of Regents [P-12 (A) 4]

Your Committee recommends that pursuant to the authority contained in Education Law §§223 and 2853(1)(b-1)

1. Brighter Choice Charter School for Boys is hereby merged with Brighter Choice Charter School for Girls, with the Brighter Choice Charter School for Girls as the surviving corporation, under the amended name “Brighter Choice Elementary Charter Schools.”

2. Brighter Choice Elementary Charter Schools, the surviving corporation, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

3. The separate existence of the education corporations Brighter Choice Charter School for Boys and Brighter Choice Charter School for Girls hereby ceases, and Brighter Choice Elementary Charter Schools, the surviving corporation, is hereby vested with all the rights, privileges, immunities, powers and authority possessed, or granted, by law to each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of such surviving corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to Brighter Choice Elementary Charter Schools, the surviving corporation, and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

4. The merged corporation shall operate under the provisional charter granted to Brighter Choice Charter School for Girls (renamed “Brighter Choice Elementary Charter Schools”), which is hereby amended to authorize the operation of two public charter schools, both authorized to serve a maximum of 325 students in Kindergarten through the fifth grade.

5. The merger herein shall take effect on July 1, 2016.

It is further voted that the Board of Regents finds that: (1) Brighter Choice Elementary Charter Schools meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) Brighter Choice Elementary Charter Schools can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise 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 revise the charter would have a significant educational benefit to the students expected to attend the schools operated by Brighter Choice Elementary Charter Schools, and the Board of Regents therefore approves the charter revision for Brighter Choice Elementary Charter Schools, as proposed by the New York State Education Department and amends the provisional charter accordingly.

Revision to a Charter Authorized by the Board of Regents: School in the Square Public Charter School [P-12 (A) 5]

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 revise 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 revise the charter would 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.

Revision to a Charter Authorized by the Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 6]

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 revise 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 revise the charter would 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 Teaching Firms of America Professional Preparatory Charter School, as proposed by the Chancellor of the New York City Department of Education and amends the provisional charter accordingly.  Regent Mead abstained.

Charter Schools: Dissolutions [P-12 (A) 7]

Your Committee recommends that consent be given to the Pinnacle Charter School to file a petition for judicial dissolution pursuant to §1102 of the Not-for-Profit Corporation Law and that the provisional charter of the Ross Global Academy Charter School, located in New York City Community School District 1, County of New York, State of New York, which was granted by the Board of Regents in January 2006 and extended by the Board of Regents on January 11, 2011 be, and the same hereby is, dissolved, that notice to such effect be given to the board of trustees of the Corporation, and that the Board of Regents recommends that any student records and/or any remaining assets of the corporation be transferred and distributed to each school district having resident children served by the charter school in the last school year in accordance with the provisions of Education Law §2851(2)(t), subject to judicial approval pursuant to Education Law §220.

Renewals of Charter Schools Authorized by the Board of Education of the City School District of the City of Buffalo [P-12 (A) 8 REVISED]

A motion was made to remove the Westminster Community Charter School from the vote and send the application back to the Buffalo Public School District with comments and to seek more information.  The vote to approve the renewal of the Enterprise Charter School was passed unanimously.

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 Enterprise Charter School as proposed by the Board of Education of the City School District of the City of Buffalo, and that its provisional charter be extended for a term up through and including June 30, 2019.

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 Westminster Community Charter School as proposed by the Board of Education of the City School District of the City of Buffalo, and that its provisional charter be extended for a term up through and including June 30, 2021.

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 19, 2016, copies of which have been distributed to each Regent. 

MATTERS NOT REQUIRING BOARD ACTION

ELA and Mathematics Standards, Curriculum, Assessments Updates/Teacher and Principal Evaluation System Review – the Committee was presented with an update on the Standards Review process and developments since the last update at the February 2016 meeting.  Over 1,000 educators applied to be considered for the Standards Review Committee for ELA and over 700 for Math.  Parents were also encouraged to apply through a survey that closed April 14.  Invitation letters for both Review Committees will be sent out in late April.  An update was also provided on EngageNY, S/CDN, and the Grade 3-8 Assessments.  The Committee provided feedback on the presentation related to the item review process, untimed testing and how they would like to provide to field more information on Questar and to possibly have them present at a future meeting. The Committee was also provided with an update on the Teacher and Principal Evaluation System Review.  The Commissioner will provide periodic updates on the Standards Review Process, Assessments, and the Teacher & Principal Evaluation System Review.

Methodology by Which School Districts Shall Identify Students in Grades 3-8 Who Receive Academic Intervention Services (AIS) [P-12 (D) 1] – the Committee discussed proposed regulations to revise the current methodology for identification of students for AIS in the 2016-17 school year and beyond.  Based on discussions with superintendents, principals, AIS instructors, teachers trained in RtI, and other key stakeholders, the Department recommends that the Regents take a two-step approach to identifying students for AIS.  First, students performing at or below a median cut point score between a Level 2 and a Level 3 shall be considered for AIS.  Upon identification, districts will use a district-developed procedure for determining which student receives AIS after consideration of a student’s scores on multiple measures of student performance.  Staff will provide additional recommendations to the Regents later this year.  It is anticipated that the proposed rule will be presented for action this summer.

Update on Computer-Based Testing [P-12 (D) 2] – The Committee was updated on the current computer-based New York State Alternate Assessment (NYSAA) and the future Grades 3-8 ELA and Math Computer-Based Field Tests for public schools, charter schools and non-public schools.  The full computer-based NYSAA tests were administered in March 2016 and computer-based testing, including the first administration of computer-based field tests in grades 3-8, will continue through June.  Discussion focused on field testing of the 3-8 ELA and Math.  To date, 952 schools, in about half of New York State school districts, volunteered to administer computer-based field tests in 2016.  Administration of computer-based field tests helps schools and districts understand the technical requirements of CBT and begin to plan for a full rollout of CBT in the future.

Update on the Implementation of School Receivership [P-12 (D) 3] – the Committee discussed and were provided information on Persistently Struggling and Struggling Schools Performance Management process, including quarterly reporting, on-site support and technical assistance, and oversight of the Persistently Struggling Schools’ grants.  Discussion focused on the process by which determinations are made regarding whether a school has made Demonstrable Improvement.  Staff will come back later this year to present on the outcomes of the first year of the receivership initiative.

Consent Agenda

The Board of Regents will take action on the following consent agenda items at their April 19, 2016 meeting.

  • Regulations relating to the Seal of Biliteracy
  • Regulations relating to School Receivership

Associated Agenda Item

Meeting Date: 
Monday, April 18, 2016 - 10:15am

Committee