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Committee Report | December 2011

Thursday, December 1, 2011 - 9:40am

Report of the



The Board of Regents

December 13, 2011


Your P-12 Education Committee held its scheduled meeting on December 12, 2011.  All members were present.  


Charter Schools

Your Committee recommends that the Board of Regents finds that the proposed revised charter for the Growing Up Green 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 permit the charter school to 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 the above listed charter revision as proposed by Chancellor of the NYCDOE and the provisional charter is amended accordingly.  [P-12 (A) 1]

Your Committee recommends that section 119.5 of the Regulations of the Commissioner of Education relating to Random Selection Process for Charter School Student Applicants be amended, as submitted, effective January 4, 2012.  The Committee received an Assessment of Public Comment on the proposed amendment at the meeting as well as revised draft language based on that public comment.   The revisions were made in section 119.5 (c)(2) of the proposed amendment.  That section, as approved by the Committee, reads:

(2)  The lottery shall be held in a space that is open and accessible to the public and capable of accommodating the reasonably anticipated number of attendees.  If the reasonably anticipated attendance exceeds capacity, separate grade level lotteries may be held in separate locations provided that each lottery is publicized in a manner consistent with the requirements of Public Officers Law section 104.  Nothing herein shall be construed to require or exclude attendance at the lottery by parents, persons in parental relationships, guardians and/or students participating in the admissions process [P-12 (A) 2]

Shared Learning Collaborative

Your Committee recommends that the Board of Regents endorse the Department’s execution of a non-binding memorandum of understanding to secure New York State’s participation in the Shared Learning Collaborative in order to increase the benefits and long-term sustainability of the State’s Race to the Top (RTTT) data, curriculum, and instructional improvement initiatives.  Regent Betty Rosa abstained from the vote.  This item was included as part of the Race to the Top Section C instructional support system discussion.  [P12 (A) 3]

Update on New York State’s Next Generation Accountability System

Your Committee recommends that the Board of Regents directs the Commissioner of Education and the State Education Department to use the responses outlined in Attachment A as the basis to develop the initial draft of New York State’s ESEA Flexibility Request.  Comments received from Committee members will be incorporated into the draft and presented for further review at the January 2012 Regents meeting.  [P-12 (A) 4]



Madam Chancellor and Colleagues: Your P-12 Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on December 13, 2011, copies of which have been distributed to each Regent.


Preschool and School-Age Individual Evaluations – The Committee discussed regulations relating to preschool and school-age individual evaluations.  The proposed regulations would repeal the requirement that a school psychologist prepare a written report of his/her determination of the need to administer an individual psychological evaluation as part of a reevaluation of a school age student, while retaining the requirement for the written report for an initial evaluation.  The proposed amendments will come back before the Board of Regents at their March 2012 meeting for adoption.   [P-12 (D) 1]

Raising the Academic Achievement of English Language Learners (ELLs) – The Committee discussed current regulations relating to English language learners and the need to review these regulations in light of the latest research and data on the recent performance of ELLs in New York State based upon the types of programs, services and support they have received.  As the Regents move forward with implementing their reform agenda, now is an opportune time to review whether these regulations should be amended to better align with the goal of ensuring that all students receive an education that prepares them to achieve success in relation to college and career ready standards.   The Committee recommends that the Board of Regents direct Department staff to engage with the field and collect input from key stakeholders for the purpose of making recommendations to the Regents on possible revisions to enhance and strengthen Part 154 of Commissioner’s Regulations.  Department staff will keep the Board of Regents updated on outreach and progress prior to returning in spring 2012 with proposed policy revisions.   [P-12 (D) 2]

Testing Integrity Update – the Committee was given an update on issues relating to testing integrity including ongoing advocacy for $2.1 million to secure enhanced testing integrity.  Associate Commissioner Anita Murphy is leading a workgroup to discuss best practices and local issues with the field; she will present findings and recommendations to the Committee in early 2012.  Special Investigator Hank Greenberg began work with the Department on November 14 and will present findings and recommendations to the Committee in February.

RTTT Assurance Area Updates – the Committee was provided with updates for Race to the Top Section B (Standards and Assessments) and Section C (Data Systems to Support Instruction).  Staff provided examples of accomplishments, challenges and next steps for each section.  Due to time constraints, Section E/F (Turning Around the Lowest-Achieving Schools/General) will be discussed at a future meeting.  Section D (Great Teaches and Leaders) will be discussed at the Higher Education Committee meeting being held on Tuesday, December 13, 2011.

2012 Regulatory Agenda - The Committee discussed the P-12 portion of the 2012 Regulatory Agenda.  The agenda was discussed in each standing committee meeting and presented to the full Board of Regents for approval.  [BR (A) 4]

Consent Agenda Items - The Committee discussed proposed amendments to regulations to make technical changes to Section 100.5(b)(7)(v)(a) of Commissioner’s Regulations relating to Mathematics Requirements for Regents Diploma with Advanced Designation.  This item is scheduled for approval on the full Board consent agenda.