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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 17, 2016.  All members were present except for Regents Norwood, Finn, and Hakanson, who were excused.


Regulations to Require Superintendents to Make a Local Determination as to Academic Proficiency for Certain Students with Disabilities to Graduate with a Local Diploma [P-12 (A) 1]

Your Committee recommends that the emergency action taken at the September 2016 Regents meeting to add a new paragraph (12) to subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education, is rescinded, effective October 17, 2016 and that a new paragraph (12) be added to subdivision (d) of section 100.5 of the 7 Regulations of the Commissioner and clause (c) of subparagraph (i) of paragraph (7) of subdivision (d) of section 100.5, and subparagraph (ix) of paragraph (2) of subdivision (d) of section 200.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 18, 2016; 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 ensure that certain students with disabilities who are graduating from high school and their parents are aware that if they do not meet the graduation standards through the existing appeal and safety net options, that the parent may request that the superintendent make a determination as to whether the student has met the academic standards and is eligible for a diploma; and to further ensure that superintendents are on notice that they must make a determination as to whether certain students with disabilities are eligible for local diploma if the student meets the requirements of the proposed amendment upon receipt of a written request from an eligible student's parent; and to further ensure that the emergency rule adopted at the June and September Regents meetings and as further revised, as submitted, remain in effect until it can be adopted as a permanent rule.

Regulations relating to the Calculation of Scores for Student Learning Objectives in the Student Performance Category of Annual Professional Performance Reviews for Teachers and Principals in the City School District of the City of New York  [P-12 (A) 2]

Your Committee recommends that sections 30-3.4 and 30-3.5 of the Rules of the Board of Regents shall be amended, effective October 25, 2016, 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 adopt revisions to the proposed amendment to provide additional flexibility for the City School District of the City of New York to calculate scores and ratings for student learning objectives pursuant to a methodology approved by the Commissioner in its APPR plan so that it can be used in the 2016-2017 school year once an annual professional performance review plan is approved by the Commissioner.


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 18, 2016, copies of which have been distributed to each Regent. 


Child Abuse Hotline [P-12 (D) 1] – The Committee discussed proposed regulations that would require that every public school, including charter schools, post the child abuse hotline telephone number and ensure that it is clearly visible in a location that is readily accessible for students and provide directions to access the New York State Office of Children and Family Services website.  This requirement is the result of Chapter 105 of the Laws of 2016, as signed by the Governor on July 21, 2016.  It is anticipated that the proposed regulations will be brought back to the Regents in early 2017.

McKinney-Vento Homeless Assistance Act for the Education of Homeless Children and Youths, as Reauthorized by the Every Student Succeeds Act (ESSA) [P-12 (D) 2] – The Committee discussed several changes that were made to the McKinney-Vento Act as a result of the Every Student Succeeds Act (ESSA) of 2015.  The changes to McKinney- Vento will require several State statutory changes to the Education Law.  The Department will continue to engage with the U.S. Department of Education regarding implementation of McKinney-Vento; work with NYS-TEACHS to provide additional professional development sessions for LEAs on implementation of McKinney-Vento; continue discussions with Senate, Assembly, and Executive staff regarding amendments to Education Law § 3209; and develop regulations for consideration by the Board of Regents based on the above interactions.

Regulations relating to Eligibility for Participation in Interscholastic Sports and Duration of Competition [P-12 (D) 3] – the Committee discussed proposed changes to regulations to clarify the conditions under which K-8 public school districts may employ the Athletic Placement Process (APP) protocol to allow the opportunity for exceptional student athletes to participate in interscholastic sports at the high school(s) with which the K-8 school district contracts for the education of its high school students, when such students are bona fide students of the K-8 school district. However, in an effort to avoid recruitment or other efforts to entice middle-school students to play for a specific high school, the regulation provides for a year of ineligibility if, following participation on a high school team pursuant to APP, the student chooses to attend a different high school with which the K-8 district contracts for the 9th grade year.  It is anticipated that these regulations will be brought back to the Board of Regents for final adoption in early 2017.

2017-2018 State Budget and Legislative Initiatives [P-12 (D) 4 and 5] – the Committee discussed State budget proposals to be advanced during the 2017-2018 budget cycle and draft legislative initiatives to be advanced during the 2017 legislative session.  Also discussed were the P-12 Committee’s top 10 Policy Priorities.  Committee members are invited to share their thoughts with staff prior to the November meeting as more detailed proposals are developed for Regents approval.


The Board of Regents will take action on the following consent agenda items at their October 18, 2016 meeting.

  • Regulations relating to the Social Studies Regents Examination Requirements for a Diploma.
  • Registration of a nonpublic school - Victory Christian Academy.
  • Regulations relating to Community School Grants and the Definition of Community Schools.

Associated Agenda Item

Meeting Date: 
Monday, October 17, 2016 - 11:30am