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

Your P-12 Education Committee held its scheduled meeting on September 17, 2018.  All members were present, except for Regents Cottrell and Finn, who were excused.

ACTION ITEMS

Revisions to Charters Authorized by the Board of Regents [P-12 (A) 1]

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 Brighter Choice Charter School for Boys 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 Brighter Choice Charter School for Girls and amends the provisional charter accordingly.

The motion passed.  Regent Collins abstained.

Prohibition Against Meal Shaming [P-12 (A) 2]

Your Committee recommends that a new §114.5 of the Regulations of the Commissioner of Education be added, as submitted, effective September 18, 2018, 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 implement the requirements of Education Law §908 as added by Section 1 of Part B of Chapter 56 of the Laws of 2018.  The motion passed unanimously.

School Breakfast Programs [P-12 (A) 3]

Your Committee recommends that §114.1 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 18, 2018, 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 implement the requirements of §2 of Part B of Chapter 56 of the Laws of 2018 and 7 CFR Part 220.  The motion passed unanimously.

Reports of Incidents of Harassment, Bullying, and/or Discrimination Pursuant to the Dignity for All Students Act [P-12 (A) 4]

Your Committee recommends that a new subparagraph (x) be added to paragraph (1) of subdivision (kk) of §100.2 of the Regulations of the Commissioner of Education relating to reports of incidents of harassment, bullying and/or discrimination pursuant to the dignity for all students act, as submitted, effective October 3, 2018.  The motion passed unanimously. 

Minimum Instruction Requirement for State Aid [P-12 (A) 5]

Your Committee recommends that §§175.2 and 175.5 of the Regulations of the Commissioner of Education relating to the minimum instruction requirement for State Aid, be amended as submitted, effective October 3, 2018. The motion passed unanimously.

Implementation of the State’s Approved Every Student Succeeds Act (ESSA) Plan [P-12 (A) 6 REVISED]

Your Committee recommends that sections 100.2(ff), 100.2(m), 100.18, 100.19 and Part 120 of the Commissioner’s Regulations as amended and section 100.21 as added to the Commissioner’s Regulations as an emergency measure at the June 2018 Board of Regents meeting be repealed, effective September 18, 2018; and further that sections 100.2(ff), 100.2(m), 100.18, 100.19 and Part 120 of the Commissioner’s Regulations be amended and that section 100.21 be added to the Commissioner’s Regulations, as submitted, effective September 18, 2018, 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, can remain continuously in effect until adopted as a permanent rule.  The motion passed unanimously.

Follow-up Discussions Regarding the Charter School Performance Framework [P-12 (A) 7]

Your Committee recommends that the Board of Regents endorses the Charter School Performance Framework as described in this item and directs staff to revise and update the Charter School Performance Framework, in consultation with the field, as necessary, consistent with the Charter School Renewal Policy and the guiding principles outlined in the Charter School Performance Framework.  The motion passed.  Regents Cashin, Collins, Mead, Reyes, and Mittler voted in opposition.  Regent Johnson abstained.

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 September 18, 2018, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Senior Deputy Commissioner’s Report – Senior Deputy Commissioner Jhone Ebert updated the Committee on the following initiative and celebration.

Restorative Practices Training – This summer, free Restorative Practices training was provided to school and BOCES staff.  Restorative practices are one of the school climate frameworks we are promoting in our efforts improve school climate.  Dr. Tom Cavanaugh from Colorado State University, who has dedicated his personal and professional work to restorative justice since 1996, provided a 4-day train the trainer program.

Paul Overbaugh Award – This summer, Paul Overbaugh, the Department’s Pupil Transportation Director, received the President’s Award from the New York Association for Pupil Transportation in recognition of the commitment to student safety he has shown throughout his career.  Paul joined our team this past April and the Department is very fortunate to have his expertise.

Regulations of the Commissioner of Education Relating to Students with Disabilities [P-12 (D) 1] – the Committee discussed proposed regulations to conform to recent amendments to both New York State (NYS) Education Law and NYS Social Services Law relating to students with disabilities.  It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the January 2019 Regents meeting. If adopted at the January 2019 meeting, the proposed amendment will become effective on January 30, 2019.