A meeting of the New York State Board of Regents’ P-12 Education Board of Regents was held Monday, June 8, 2020. In light of the COVID-19 pandemic, this meeting was held virtually and was available to the public via videoconference.

The meeting began with a series of statements given by varied members of the Board of Regents addressing recent events.  In addition, the Board of Regents presented honorees with several scholarships.

Updates

Immediately following the scholarship presentations, the Board of Regents received updates on the following items:

  • Re-Opening Task Force 

    • This task force is expected to present at the Board of Regents’ upcoming July meeting. We will live-stream this portion of next month’s meeting and provide you with an update directly following.

  • 2020 Graduation Montage

  • CARES Act funding

  • District Monitors

Additionally, Chancellor Rosa clarified that SED is not yet able to release guidance related to in-person summer instruction for special education.

Charter Renewals

The Board approved the following renewals to Board of Regents authorized schools’ charters, effective immediately:

  • Charter School of Inquiry (short-term two-year renewal)

The discussion around this renewal focused on addressing the benchmarks the school needs to meet for their next renewal. This motion passed unanimously with two Regents absent for the vote. See the full resolution here.

In a separate vote, the Board of Regents took unprecedented action yesterday and reversed a previous vote. Effective immediately, the Board approved the following renewal to Board of Regents authorized school’s charter:

  • Buffalo Academy of Science Charter School (full-term, five-year renewal)

During the discussion, many Regents shared the reasoning behind their previous votes.  Several Regents expressed regret for their initial vote, sharing that they lacked all of the information and had done additional reflection since the May meeting. Additionally, many Regents asserted that they believe they should re-address the framework by which they renew and revise charter schools, including questions about addressing staff diversity as a potential factor for renewal decisions. The motion passed unanimously.  See the full resolution here.

Charter Revisions

The Board approved the following revisions to Charters Authorized by the New York City Department of Education Chancellor:

  • Bronx Academy of Promise Charter School (revision to expand enrollment to

serve 815 students from the school’s current 615 students in the school’s existing

grade level configuration of kindergarten through grade 8).

  • Ember Charter School for Mindful Education, Innovation and Transformation (revision to expand grade levels and enrollment to serve kindergarten through grade 12 from the school’s existing kindergarten through grade 8, with a corresponding increase of students from 792 students to 1,162 students).

  • Summit Academy Charter School (revision to reflect that the relationship with the Center for Educational Innovation is a management partner as opposed to an educational partner).

This motion passed unanimously. See the full resolution for these revisions here.  As part of the discussion of these items, there was continued concern expressed about the financial impact of additional charter enrollment on district finances.  Regent Cashin proposed a motion, which was denied on procedural grounds, to impose an overall moratorium on new charter schools and limit any expansion of existing schools’ enrollment.

Amendments

Proposed Amendment of Section 135.4 of the Regulations of the Commissioner of Education Relating to Eligibility for Participation of Students Who Have Section 504 or ADA plans in Interschool Competition and Inclusive Athletic Activities

Department staff presented proposed amendments to section 135.4 of the Regulations of the Commissioner of Education relating to eligibility for participation of students who have an education plan approved under section 504 of the Rehabilitation Act of 1973 of the Americans with Disabilities Act (ADA) in interschool competition and inclusive athletic activities. This motion was unanimously approved. To read the full resolution, click here.

Proposed Amendments to Sections 52.3, 52.21, 57-4.5, 70.4, 74.6, 75.2, 75.5, 76.2, 79-9.3, 79-10.3, 79-11.3, 79-12.3, 80-1.13, 80-1.5, 80-3.15, 80-4.3, 83.5, 87.2, 87.5, 100.2, 100.4, 100.5, 100.6, 100.10, 100.21, 119.1, 119.5, 125.1, 151-1.4, 154-2.3, 175.5, 200.4, 200.5, 200.7, 200.20 and 275.8 and addition of Section 279.5 to the Regulations of the Commissioner of Education Relating to Addressing the COVID-19 Crisis

Department staff will propose for emergency adoption regulatory amendments to provide flexibility from certain regulatory requirements due to the COVID-19 crisis. This amendment requires charter schools to provide notice on their website of the date, time, and place of lotteries for the random selection process for charter school student applicants if such lottery is provided during a school closure. This also permits the Commissioner to excuse delays in required reporting by charter schools to public schools for the length of time of a school closure. This motion was unanimously approved. To read the full resolution, click here.

Proposed Amendments to Sections 52.21, 60.6, 61.19, 80-1.2, 80-3.7, 100.1, 100.2, 100.4, 100.5, 100.6, 100.7, 100.19 and 151-1.3 and addition of Section 80-5.27 to the Regulations of the Commissioner of Education Relating to Addressing the COVID-19 Crisis

Department staff presented revisions to proposed amendments to section 80-5.27 of the Commissioner’s regulations to provide clarification and additional flexibility relating to the Emergency COVID-19 certificate due to the COVID-19 crisis. This motion was unanimously approved. To read the full resolution, click here.

Proposed Amendments to Sections 60.10, 80-1.2, 80-4.3, 80-4.4, 80-5.6, 100.2, 100.5, 100.7, 100.10, 110.4, 119.4, 121.5, 135.4, 145-2.15 of the Regulations of the Commissioner of Education Relating to Addressing the COVID-19 Crisis

Department staff presented revisions to proposed amendments to sections 100.10 and 200.5 of the Commissioner’s regulations to provide clarification and additional flexibility from certain regulatory requirements relating to home instruction and impartial hearing videoconferencing due to the COVID-19 crisis. Specifically, the deadline for new, rental, or revision public hearings has been extended through 9/30/20. Additionally, in light of COVID-19, this motion allows for hearings to be virtual. To view the supplemental presentation, click here. To read the full resolution, click here.

Amendments to Commissioner’s Regulations Regarding the Alternative High School Equivalency Program (AHSEP) and Report of the Survey of Alternative Education Programs Department staff presented amendments to Commissioner’s regulation 100.7(h) regarding the AHSEP program to make clear that justice system educational programs may offer an AHSEP when appropriate to 16 and 17-year-old youth. This action expands the eligibility to run the ASHEP and ATP programs to other State agencies responsible for providing daily instruction to residential students at least 16 years of age and under the age of 21. This item will be up for adoption at the September 2020 Board of Regents meeting. To read the full resolution, click here.

Proposed Amendment to Section 70.4 of the Regulations of the Commissioner of Education Relating to Licensing Examinations in the Profession of Public Accountancy

Department staff presented for discussion and emergency action a proposed amendment to conform the regulation to national public accountancy standards for licensing examinations. This amendment passed with one abstention made by Regent Fin. To read the full resolution, click here.

Proposed Amendment to Section 64.1 of the Regulations of the Commissioner of Education Relating to the Professional Study of Nursing

Department staff presented a proposed amendment for emergency adoption to implement Chapter 502 of the Laws of 2017 and the technical amendments made by Chapter 380 of the Laws of 2018 which amended Education Law 6905, effective June 18, 2020, to require licensed registered professional nurses to obtain a baccalaureate degree in nursing ten years after initial licensure in order to continue to practice in New York State. To read the full resolution, click here.

Consent Items

Department staff unanimously approved the following Consent Agenda items:

  • Committee: P-12 Education

    • Proposed Amendments to Sections 156.1, 156.2, 156.3, 156.4, 156.5, and 156.12 of the Commissioner’s Regulations Relating to Pupil Transportation. To read the full resolution, click here.

  • Committee: Higher Education

    • To read the consent agenda items relevant to higher education, click here.

  • Committee: Adult Career and Continuing Education Services

    • To read the consent agenda items relevant to adult career and continuing education services, click here.

  • Committee: Professional Practice

    • To read the consent agenda items relevant to professional practice, click here.

Additional items

Department staff also addressed the following items:

  • Registration of Public Schools 

    • This motion was unanimously approved following a discussion over the need for these additional schools.

  • ESSA Financial Transparency Requirement for the 2018-19 School Year

    • Department staff shared highlights of the data in anticipation of the report being published this month. To view the presentation, click here.

We look forward to bringing you summaries of meetings of the Regents’ P-12 Education Board of Regents in the months ahead.