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

Your P-12 Education Committee held its scheduled meeting on October 21, 2013.  All members were present. 


New York State School for the Deaf

Your Committee recommends that the Board of Regents approve the appointment of David E. Hubman as Superintendent of the New York State School for the Deaf. [P-12 (A) 1]


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 October 22, 2013, copies of which have been distributed to each Regent.  [P-12 (A) 1]


Safe School Task Force – Due to time constraints, this item will be discussed at the Joint P-12/Higher Education Committee meeting on October 21, 2013 [P-12 (D) 1]

Diagnostic Tool for School and District Effectiveness – Due to time constraints, this item item will be discussed at the Joint P-12/Higher Education Committee meeting on October 21, 2013.  [P-12 (D) 2]

Special Education Impartial Hearings – The Committee discussed proposed regulations in response to some recognizable delays in the issuance of hearing decisions and other such deficiencies, in order to streamline and create a more efficient and effective impartial hearing process for the benefit of both parties. In response to Regents discussions, public comment received during public hearings and written comments from various advocacy groups, the proposed regulations were substantially revised.  The revised regulations will be published again for public comment and will be brought back to the Regents in January for final adoption.  [P-12 (D) 3]

Performance Levels for Common Core Regents Examinations – The Committee discussed staff recommendations to develop aspirational performance goals for college and career readiness for the new Common Core Regents Exams (similar to the 75/80 scores on the existing ELA and Math Regents Exams, respectively) that is different from the performance level required for graduation purposes.  The Committee also discussed a recommendation to provide a conversion of the new Common Core reporting scale to score bands in the 0-100 range.  Staff will come back to the Committee several times in the upcoming months to further discuss and provide rationale for these recommendations as the Department moves towards standard setting. [P-12 (D) 4]

Examination Requirements for Identifying Students with Limited English Proficiency – The Committee discussed proposed amendments to regulations that specify a new test, the New York State Identification Test for English Language Learners (NYSITELL), for purposes of identifying pupils with limited English proficiency. Specifically, the proposed amendment provides that "pupils with limited English proficiency" shall include pupils who by reason of foreign birth or ancestry, speak a language other than English and score below a State designated level of proficiency on the Language Assessment Battery-Revised (LAB-R) prior to February 1, 2014, or on the NYSITELL commencing February 1, 2014 and thereafter, or on the New York State English as a Second Language Achievement Test (NYSESLAT).  The proposed amendments will come back to the Committee in January for final adoption.  [P-12 (D) 5]

Grade 8 Assessment Flexibility – The Committee discussed the ESEA requirement that students who take the Algebra Regents Exam in Grade 8 also be administered the Grade 8 Mathematics Assessment to meet accountability and participation requirements.  The Committee recommends that the Department submit to the United States Department of Education (USDE) a Grade 8 waiver request to eliminate this requirement.  Staff will inform the field of this action so that district and school staff can consider the implications for how they provide instruction during the 2013-14 school year to students who are taking the Grade 8 Mathematics Assessment and the Algebra Regents Exam.  Upon the issuance of this waiver, staff will prepare amendments to Commissioner’s regulations to implement the waiver.  [P-12 (D) 6]

Preschool Special Education Reapproval Review Findings – The Committee discussed preschool special education program reapproval review findings and recommended next steps for ensuring that approved preschool programs serving students with disabilities provide quality services in a necessary and cost-efficient manner and in the least restrictive environment. Next steps include convening stakeholder meetings with parents, providers, school districts, municipalities and other interested parties to identify changes to policies, including potential amendments to State regulations, which may be necessary to provide additional guidance to providers of preschool programs; discussing the review findings at a preschool meeting of the Special Education Financial Advisory workgroup to identify recommendations to address any unintended incentives in the rate setting methodology that may be contributing to the program review findings and/or inhibiting the operation of a program for preschool students with disabilities in accordance with the policy goals outlined above; and developing policy recommendations, which may include regulatory and/or rate setting methodology amendments that would ensure that the continuum of preschool special education services includes the flexibility needed to provide high quality programs to meet individual students’ needs.  Staff will come back in March to discuss public comment received and bring a set of policy and/or rate setting reform recommendations for review and discussion. [P-12 (D) 7]

PARCC Update – The Committee was provided with a brief update of PARCC (The Partnership for Assessment of Readiness for College and Careers) specifically relating to technology readiness, testing time and cost.  The Committee recommends that New York State not administer PARCC when it first becomes available in the 2014-15 school year.  New York is still committed to the goals of PARCC and will participate in the Spring 2014 field testing.

Assessment Update – The Committee was updated on the State’s efforts to align curriculum, instruction and assessments to the Common Core.  Staff provided information on available resources on including the toolkit for parent engagement, and discussed components of the APPR evaluation system and student learning objectives.  Committee members commented on the need to have a better communication strategy and more professional development; and recommends that the Department assist districts to develop capacity to do curriculum adaptation. 

Consent Agenda Items

            The Board of Regents will take action on the following consent agenda items at their October 22, 2013 meeting.


  • Common Core Transition Regulations
  • Revision to the Urban Dove Charter School Revision

Associated Agenda Item

Meeting Date: 
Monday, October 21, 2013 - 9:45am