June 2023 Meeting

2023 National Superintendent of the Year Recognition - Department staff and invited guests will recognize Kevin McGowan, superintendent of Brighton Central Schools, who was recently named the 2023 National Superintendent of the Year.    

Proposed Amendments to State ESSA Plan - Accountability “Rebuild” Phase - Department staff will present proposed amendments to the accountability section of the approved Every Student Succeeds Act Plan (ESSA), which will eventually require amendments to section 100.21 of the Regulations of the Commissioner of Education. The proposed adjustments to the ESSA plan reflect a two-year accountability transition plan and relate to updated procedures for the review of school and district performance for the 2023–2024 school year based on 2022–2023 school year results and the 2024–2025 school year based on 2023–2024 school year results. 

Proposed Amendment of Section 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process Hearings - Department staff will present revisions to the proposed amendment of section 200.5 of the Regulations of the Commissioner of Education relating to: limiting extensions in special education due process hearings; permitting enforcement of mediation and resolution agreements through the use of state complaint procedures set out in section 200.5(l); adding new requirements regarding the conduct of attorneys and non-attorney representatives in special education due process hearings; permitting impartial hearing officers the authority to determine, with consent of the parties, whether a hearing be conducted in-person, by teleconference, or videoconference. 

Proposed Amendment of Section 151-1.3 of the Regulations of the Commissioner of Education Relating to the Universal Prekindergarten Program (UPK) Staffing Qualifications - Department staff will present proposed amendments to section 151-1.3(e) of the Commissioner’s regulations for emergency adoption to change the date by which school districts must submit a waiver that would allow personnel employed by an eligible agency that is collaborating with such district to provide prekindergarten services to meet the staff qualifications prescribed by the licensing or registering agency from August first to September first of the current school year.  

Proposed Amendment of Section 136.5 of the Regulations of the Commissioner of Education Relating to Requiring Nonpublic Schools to Follow Concussion Management Protocols - Department staff will present proposed amendments to the Commissioner’s regulations implementing Chapter 617 of the Laws of 2022 which requires non-public schools to follow the same rules and regulations on concussion management protocols as public schools. 

Renewal Recommendations for Charter Schools Authorized by the New York City Department of Education - Department and NYC DOE staff will present recommendations for charter renewals from the NYC DOE Chancellor.

Renewal Recommendations for Charter Schools Authorized by the Trustees of the State University of New York - Department staff will recommend that the Board of Regents send the proposed charters back with comments for SUNY’s reconsideration. 

Renewal Recommendations for Charter Schools Authorized by the Board of Regents - Department staff will present recommendations for charter renewals.

Revisions to Charters Authorized by the Board of Regents - Department staff will present recommendations for charter revisions.

Friends of LongHouse Petition for Removal of the Trustees of LongHouse Reserve - Counsel will present the issue of whether the Cultural Education Committee should recommend to the full Board of Regents to hold a hearing pursuant to Education Law § 226 (4) and 8 NYCRR 3.31(t) on the application of the representatives of the “Friends of LongHouse” to remove respondents as Trustees of LongHouse Reserve. 

Proposed Amendment of Section 29.7 of the Rules of the Board of Regents and Sections 63.6 and 63.8 of the Regulations of the Commissioner of Education Relating to the Registration and Operation of Central Fill Pharmacies - Department staff will present for discussion a proposed amendment to the Commissioner’s regulations to establish definitions for central fill pharmacies and originating pharmacies, requirements for the registration and regulation of resident and non-resident central fill pharmacies and requirements for originating pharmacies. The proposed amendment to the Regents Rules further establishes that it is misconduct for a pharmacy operating as a central fill pharmacy or an originating pharmacy engaged in central fill activity to fail to adhere to the requirements set forth in section 63.6 of the Commissioner’s regulations.

Proposed Addition of Section 29.20 to the Rules of the Board of Regents and Repeal of Sections 52.44 and 52.45, Repeal and Addition of New Sections 79-17.1, 79-17.2, 79-18.1, 79-18.2, Amendment of Sections 79-17.3, 79-17.5, 79-18.3, and 79-18.5, and Addition of Sections 79-17.6 and 79-18.6 to the Regulations of the Commissioner of Education Relating to the Licensure of Applied Behavior Analysts and Certification of Applied Behavior Analyst Assistants - Department staff will present for emergency action proposed amendments to conform the requirements for licensure and practice as a Licensed Behavior Analyst and certification as a Certified Behavior Analyst Assistant with provisions in Chapter 818 of the Laws of 2021 (Chapter 818) and Chapter 641 of the Laws of 2022 (Chapter 641). The amendments will conform New York’s requirements to national standards while ensuring appropriate preparation for the provision of applied behavior analysis services pursuant to a diagnosis and order from authorized professionals to treat individuals with behavioral health conditions. Following publication in the State Register, the Department received numerous comments from multiple commenters. Emergency action is necessary due to the volume and complexity of the public comments, which require additional time to review to determine potential revisions. Emergency action is further necessary because Chapter 818’s provisions become effective June 30, 2023 and Chapter 641’s provisions became effective November 22, 2022.