Meeting of the Board of Regents | July 2007

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Emergency Adoption of the Proposed Amendment to the Regulations of the Commissioner Relating to the Conduct of Charter School Public Hearings
DATE:	July 11, 2007
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action

 

Should the Board of Regents adopt on an emergency basis the proposed addition of section 119.4 of the Regulations of the Commissioner to establish procedures for the conduct of public hearings by school districts to solicit comments from the community in connection with the issuance, revision, or renewal of the charter for a charter school pursuant to Education Law section 2857(1), as amended by the 2007-08 State Budget (Section 7, Part D-2 of Chapter 57 of the Laws of 2007)?

 

Reason(s) for Consideration

 

Required by State statute.

             

Proposed Handling

 

This question will come before the Regents EMSC-VESID Committee at its July 2007 meeting.

 

Procedural History

 

Not applicable.

 

Background Information

 

Education Law section 2857, as amended by the 2007-08 State Budget  (Section 7, Part D-2 of Chapter 57 of the Laws of 2007), requires school districts to hold a public hearing to solicit comments from the community in connection with the issuance, revision, or renewal of a charter for a charter school. It further requires the Board of Regents to hold such hearings if the affected school district fails to do so. Prior to enactment of Chapter 57 of the Laws of 2007, school districts had the option of holding such hearings. Beginning July 1, 2007, such hearings will be required.  The proposed amendment will establish:

 

              (1)   uniform requirements for all districts regarding the time period in which such hearings must be held, including when a revision involves the relocation of a charter school to a different school district;

                (2)   a requirement to hold such hearings in the community potentially impacted by the proposed action or charter school;

                (3)   the date by which the school district shall provide written confirmation to both the charter school’s charter entity and the Department that the hearing was held, along with the date and time of the hearing; and

              (4)   the timeframe during which the district shall submit copies of any and all written records or comments generated from the hearing, if any, to the charter school’s charter entity and the Department.

 

The language of the proposed amendment closely aligns with the requirements of the State statute.  There will be a 45-day public comment period on the proposed amendments following action by the Board of Regents of adopting the proposed amendments on an emergency basis.  Such comment may warrant additional amendments to the regulatory language prior to confirmation as a permanent rule.  However, it is critical that school districts receive the guidance provided now through the proposed amendment in order to hold such hearings as required by the statute.

 

The proposed amendment is being presented for adoption as an emergency action.  A Statement of Facts and Circumstances Which Necessitate Emergency Action is attached.  A Notice of Proposed Rule Making will be published in the State Register on August 8, 2007. 

 

Recommendation

 

Staff recommend that the Regents take the following action:

 

VOTED:  That section 119.4 of the Regulations of the Commissioner of Education be added, as submitted, effective July 31, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately establish requirements for the conduct of public hearings by school districts pursuant to §2857(1) of the Education Law, as amended by Chapter 57 of the Laws of 2007, so that school districts may timely conduct such hearings pursuant to statutory requirements during the 2007-2008 school year.

 

Timetable for Implementation

 

The emergency rule will become effective on July 31, 2007.  It is anticipated that the proposed rule will be submitted to the Board of Regents for adoption as a permanent rule at the October Regents meeting.

 

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROPOSED PROMULGATION OF SECTION 119.4 OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTIONS 101, 206, 207, 305  AND 2857 AND CHAPTER 57 OF THE LAWS OF 2007, RELATING TO CHARTER SCHOOL PUBLIC  HEARINGS

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

              The proposed rule is necessary to establish procedures for the conduct of charter school public hearings by school districts pursuant to Education Law section 2857(1).

              Effective July 1, 2007, Education Law section 2857(1) was amended by section 7 of Part D-2 of Chapter 57 of the Laws of 2007 to require, among other things, school districts in which charter schools are located to hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school’s charter. 

              Because the Board of Regents meets at fixed intervals, the earliest the proposed rule could be presented for regular adoption, after publication in the State Register and expiration of the 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), is the October 22-23, 2007 Regents meeting.  Furthermore, pursuant to SAPA, the earliest effective date of the proposed rule, if adopted at the October meeting, would be November 15, 2007, the date a Notice of Adoption would be published in the State Register.  However, it is anticipated that school districts will need to commence public hearings regarding the issuance, revision, or renewal of a charter starting in July 2007, because of the receipt before July 1, 2007 by the various charter entities of such applications to establish new charter schools and to renew existing charters.  Emergency action is therefore necessary for the preservation of the general welfare to immediately establish procedures for the conduct of charter school public hearings pursuant to Education Law section 2857(1), as amended by Chapter 57 of the Laws of 2007, so that school districts may timely conduct such hearings pursuant to statutory requirements during the 2007-2008 school year.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at their October 22-23, 2007 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by SAPA.

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 101, 206, 207, 305 and 2857 of the Education Law and Chapter 57 of the Laws of 2007

              Section 119.4 of the Regulations of the Commissioner of Education is added, effective July 31, 2007, as follows:

§119.4 Hearings prior to the issuance, revision, or renewal of a charter school pursuant to Education Law section 2857(1).

              Within thirty days of initially receiving notice of the receipt of an application for the formation of a new charter school, of an application for the renewal of an existing charter school, or of a charter school's request to revise its existing charter, the school district in which the charter school is located shall hold a public hearing to solicit comments from the community in connection with the foregoing.  Such hearing shall be held within the community potentially impacted by the proposed action or charter school.  When a revision involves the relocation of a charter school to a different school district, the proposed new school district shall also hold a hearing within such thirty-day period.  The school district shall, at the time of its dissemination, provide the State Education Department with a copy of the public hearing notice.  The school district shall, no later than the business day next following the hearing, provide written confirmation to both the charter school's charter entity and the State Education Department that the hearing was held, along with the date and time of the hearing.  In addition, such school district shall submit copies of any and all written records or comments generated from the hearing to the charter school's charter entity and the State Education Department within 15 business days of the hearing.