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 Rules of the Board of Regents Relating to the Delegation of Authority with respect to certain Charter School Hearings
DATE:	July 11, 2007
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Action

 

Should the Board of Regents adopt on an emergency basis the proposed amendment of section 3.16 of the Rules of the Board of Regents to delegate to the Commissioner of Education the Board of Regents authority to conduct public hearings in connection with the issuance, revision, or renewal of a charter school’s charter where the school district in which the charter school is located fails to conduct the hearing?

 

Reason(s) for Consideration

 

              Implementation of Regents Policy.

Proposed Handling

 

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

 

Procedural History

 

Not applicable.

 

Background Information

 

The 2007-08 State Budget (Section 7, Part D-2 of Chapter 57 of the Laws of 2007) requires, 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.  In the event that the school district fails to conduct this public hearing, the law requires the Board of Regents to conduct it.  The proposed amendment will delegate the Board of Regent’s authority to conduct these hearings to the Commissioner so that the hearings can be conducted expeditiously.

 

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 recommends that the Regents take the following action:

 

VOTED:  That section 3.16 of the Rules of the Board of Regents be amended, 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 delegate to the Commissioner of Education the Board's authority to conduct hearings pursuant to Education Law section 2857(1-a), as added by Chapter 57 of the Laws of 2007, and thereby ensure that any such hearings are expeditiously conducted 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 amendment will be submitted to the Board of Regents for adoption as a permanent rule at the October Regents meeting.

 

 

Attachment

 

 

 

 

PROPOSED AMENDMENT OF SECTION  3.16  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 THE DELEGATION OF AUTHORITY TO CONDUCT AND HOLD PUBLIC HEARINGS CONCERNING CHARTER SCHOOLS UNDER EDUCATION LAW SECTION 2857(1-a)

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

The proposed rule is necessary to delegate to the Commissioner of Education the Board’s authority to conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school’s charter pursuant to Education Law section 2857(1-a).  

              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.  In addition, a new Education Law section 2857(1-a) was enacted that provides that “[i]n the event the school district fails to conduct a public hearing, the board of regents shall conduct a public hearing to solicit comments from the community in connection with the issuance, revision, or renewal of a charter.”  

Having the Board of Regents personally conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision, or renewal of a charter school's charter is not deemed to be the most appropriate and efficacious means to address this matter, considering the scope of duties of the Board, the limited number of times that the Board meets during the year, and the time demands placed on individual Board members.  It has been determined that delegation of such responsibility to the Commissioner will provide for the most efficient and expeditious means to conduct such hearings.

              Because the Board of Regents meets at fixed intervals, the earliest the proposed amendment 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 amendment, 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 the Board of Regents may need to conduct public hearings in accordance with these new requirements as early as August 2007.  Emergency action is therefore necessary for the preservation of the general welfare to immediately delegate to the Commissioner the Board's authority to conduct hearings pursuant to Education Law 2857(1-a), and thereby ensure that any such hearings are expeditiously conducted 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 the State Administrative Procedure Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE RULES OF THE BOARD OF REGENTS

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

              Section 3.16 of the Rules of the Board of Regents is amended, effective July

31, 2007, as follows:

§3.16 Delegation of authority with respect to [charter school complaints] charter schools.

              (a)  Complaints against charter schools.  The Board of Regents delegates to the Commissioner of Education the authority to receive, investigate and respond to complaints presented to the Board of Regents pursuant to Education Law section 2855(4), the authority to issue appropriate remedial orders pursuant to Education Law section 2855(4), and the authority to place a charter school on probationary status and to develop and impose a remedial action plan pursuant to Education Law section 2855(3).

              (b)  Hearings.  The Board of Regents delegates to the Commissioner of Education the authority to conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision or renewal of a charter pursuant to Education Law section 2857(1-a).