Your P-12 Education Committee held its scheduled meeting on September 12, 2011. All members were present, except for Regent Norwood who was excused.
ACTION ITEMS Charter School Actions Your Committee recommends that the Board of Regents approves and issues the initial charters and provisional charters for the following charter schools for a term ending on June 30th of the fifth year after the date of opening of the charter school for instruction in accordance with §2851(2)(p) of the Education Law.
Brooklyn Urban Garden Charter School
Global Community Charter School
Neighborhood Charter School of Harlem
New Dawn Charter High School
New Visions Charter High School for Advanced Math and Science II
New Visions Charter High School for the Humanities II
Rochester Career Mentoring Charter School
Young Women’s College Prep Charter School of Rochester
Your Committee further recommends that the Board of Regents approves and issues the initial charter and provisional charter for the KIPP NYC Washington Heights Academy Charter School for a term ending on June 30th of the fifth year after the date of opening of the charter school for instruction in accordance with §2851(2)(p) of the Education Law. Regent Betty Rosa abstained from this vote. [P-12 (A) 1]
Your Committee recommends that the Board of Regents approves and issues the charters for the following charter schools as proposed by the Trustees of the State University of New York (SUNY) and issues provisional charters for a term as prescribed by §2851(2)(p) of the Education Law.
Beginning with Children Charter School II
Brooklyn Success Academy Charter School 2
Brooklyn Success Academy Charter School 3
Brooklyn Success Academy Charter School 4
Central Queens Academy Charter School
Children’s Aid Society Community Charter School
Explore Exceed Charter School
Family Life Academy Charter School II
Icahn Charter School 6
Icahn Charter School 7
Manhattan Charter School II
Tech International Charter School
Regent Betty Rosa and Regent Lester Young abstained from the vote for the Explore Exceed Charter School. [P-12 (A) 2]
Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Achievement First Bushwick Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2014. [P-12 (A) 3]
Your Committee recommends that the Board of Regents approves the charter revision of the Success Academy Charter School as proposed by the Trustees of the State University of New York and the provisional charter is amended accordingly. [P-12 (A) 4] PLEASE NOTE ERRATUM/CLARIFICATION: The new approved school name is Upper West Success Academy Charter School. Your Committee recommends that the Board of Regents approves the charter revision of the Kings Collegiate Charter School as proposed by the Trustees of the State University of New York and the provisional charter is amended accordingly. [P-12 (A) 5]
Your Committee recommends that the certificate of incorporation (also known as the provisional charter) of the East New York Preparatory Charter School (the Corporation”), located in the City New York, State of New York, which was issued by the Board of Regents on December 9, 2005, be revoked, and that the education corporation be dissolved, effective September 13, 2011, that notice to such effect be given to the board of trustees of the Corporation, that any student records be transferred to the City School District of the City of New York in accordance with the provisions of Education Law §2851(2)(t), that all other corporate books and records of the corporation be transferred to the New York State Education Department’s Office of School Innovation, and that the assets of the Corporation be distributed in accordance with the procedures set forth in Education Law Section 220. [P-12 (A) 6]
January 2012 Regents Exams Your Committee recommends that the Board of Regents accept $1.5 million from the Fund for Public Schools and the Mayor’s Fund to Advance New York City to restore the January 2012 Regents Exams. [P-12 (A) 7]
Testing Improvement Options Your Committee recommends that the Board of Regents direct staff to take immediate action to secure an independent review of the Department’s procedures related to incident reporting and follow up of allegations of testing impropriety at schools. Your Committee also directs staff to further develop specific proposals for consideration in October including centralized scanning and scoring of multiple choice assessments and distributed scoring for open response questions. Additional actions underway include requiring grade 3-8 exams to be administered on the same day, as shown on the testing calendar released on August 26, 2011; and requiring a training certification for proctoring and scoring 3-8 assessments similar to what is required for the Regents exams. [P-12 (A) 8] PLEASE NOTE CLARIFICATION: The original item discussed by the Board in September stated “Cheating scandals in Atlanta, Philadelphia and other cities around the country have fostered growing concern about the integrity of standardized test administration and scoring.” However, the sentence should have read “Cheating scandals and investigations in Atlanta, Washington DC, Pennsylvania, New Jersey, and other cities and states around the country have fostered growing concern about the integrity of standardized test administration and scoring.”
MOTION FOR ACTION BY FULL BOARD
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 September 13, 2011, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION Charter School Office Update – The Committee was updated on the activities of the Charter School Office and the progress being made in implementing the new approach to charter authorizing. Discussion focused on preliminary draft amendments to regulations relating to charter school lotteries; development of enrollment and retention targets; updates on the $113 million federal CSP grant; and the proposed parameters for the RFP to establish charter school authorized by the Board of Regents. Committee members expressed concerns relating to charter school location issues and fair representation of certain student populations at charter schools. Staff will continue to provide updates at future meetings on these and other areas relating to charter school authorizing. [P-12 (D) 1]
Mathematics Requirements for Regents Diploma with Advanced Designation – The Committee discussed a proposed technical amendment to regulations to ensure that students who complete an appropriate series of Math assessments, regardless of cohort, will be determined to have met the Mathematics Assessment requirements for a Regents Diploma with Advanced Designation. If endorsed by the Regents, these proposed regulations will be brought back for final approval in December. [P-12 (D) 2]
Skills and Achievement Commencement Credential for Students with Severe Disabilities – The Committee discussed proposed amendments to regulations to replace the current individualized education program (IEP) diploma with a Skills and Achievement Commencement Credential. If approved, the new credential would be effective in the 2013-14 school year and would only be for students with disabilities who have been instructed and assessed on the alternate performance level for the State learning standards. The Committee has requested to be kept updated on the comments received from the field on these proposed amendments. [P-12 (D) 3]
Update on Network Team Summer Institute – Staff provided an overview of the activities and outcomes of the Network Team Institute held August 1-5, 2011. Participants of the Institute were provided with training, tools, and resources including professional development seminars given by national presenters on such topics as the Common Core Standards, School-based Inquiry and Data Driven Instruction, and New Performance Evaluation for Teachers. Participants were also given the opportunity to complete online surveys, results of which were shared with Committee members at the meeting. The Committee was also provided a brief walk-through of the Department’s new implementation website - engageny.org. [P-12 (D) 4]
Updates from the Office of Accountability and the Office of School Innovation – Staff provided information on the status of the 2011 School Improvement Grant Awards. Currently, there are 72 schools in New York State that have been awarded SIG funds – this number includes 25 schools that began implementation in the 2010-11 school year and are now receiving a 2011-12 continuation grant. Department staff will work closely with districts and schools to assess their progress and student academic achievement. The Committee was also updated on the School Innovation Fund grant process. These grants provide an opportunity for districts to target low-performing schools before they become PLA. Twenty-six applications were received and are currently under review. The School Turnaround Office is currently planning a statewide professional development event for PLA principals and district administrators to be held in October. Staff will inform the Regents with the details of this event as they become available.
Consent Agenda Items – Staff presented the following items scheduled for approval on the full Board consent agenda:
Proposed Amendments to Regulations Relating to School Bus Driver Safety Training and Reporting of School Vehicle Idling on School Grounds
Proposed Amendments to Regulations Relating to Vision Screenings for Hyperopia
Proposed Amendments to Regulations Relating to School Facility Report Cards
Registration of Public Schools
P-12 Education/Higher Education The Committees heard a presentation on the teacher and school leader effectiveness initiatives that are part of the Regents Reform Agenda and which were initially framed by the Board in November, 2009. These initiatives span the continuum of an educator’s career, from recruitment and preparation, through development, assessment, and retention, and are focused on addressing educator shortages in high-need schools and districts. The NYS Common Core Learning Standards, data-driven instruction, and educator standards of practice are common themes running through these initiatives. Presenters updated the Board on the development of new exams for teacher and principal certification; described the Department’s strategy for engaging the field in the development and implementation of these exams; described the $20 million RFP just issued for induction/mentoring programs; and emphasized the importance of continuing to work with the Regents Task Force on Teacher and Principal Effectiveness on implementation of the new teacher and principal evaluation system—particularly in developing the value-added/growth model with contractor American Institutes for Research.
Higher Education Your Higher Education Committee held its scheduled meeting on September 12, 2011. All members were present.
ACTION ITEMS: Permission to Operate: Strayer University at the Verizon Wireless Call Center in Rochester. Your Committee discussed, and voted to grant permission to Strayer University to operate in New York to offer courses in the field of business to employees of the Verizon Wireless Call Center at 133 Calkins Road in Rochester, for a term of one year commencing with the date of filing with the Commissioner of notice that instruction has commenced, upon the condition that enrollment in the courses not exceed 30 students per term, without the specific approval of the Commissioner. Permission to operate beyond one year from the date of the initial course offering will be contingent on demonstration of compliance with all Department standards, and all commitments consistent with Strayer’s application, as determined by the Commissioner.
Program Design and Evaluation Process for the Graduate Level Clinically Rich Principal Preparation Pilot Program Request for Proposals (RFP). Your Committee discussed the RFP design and approved modifications to the regional funding formula. The proposed modifications will become effective immediately to ensure timely posting of the RFP.
Elmira Business Institute: Consent to Transfer of Degree Powers upon a Change of Ownership. Your Committee discussed the transfer of the degree powers of Elmira Business Institute to Swedish Institute, Inc. Your Committee recommends the transfer to Swedish Institute, Inc., Elmira Business Institute’s authority to award the Associate in Occupational Studies (A.O.S.) degree to duly qualified students successfully completing registered programs.
MOTION FOR ACTION BY FULL BOARD Madam Chancellor and Colleagues: Your Higher 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 September 13, 2011, copies of which have been distributed to each member of the Board of Regents.
Professional Practice Executive Session Items Approved for Action by the Board of Regents
• 6 Regents Review Committee Reports (6 Direct Referrals)
• 38 Consent Order Applications
• 11 Surrender Applications
• 1 Restoration Matter
Public Session Items Approved for Action by the Board of Regents
Amendment to Regulations Relating to Mandatory Continuing Education in Massage Therapy [PPC (A) 1] – Action on proposed regulations to implement a new law that established continuing education requirements for massage therapists. (Discussed at June 2011 PPC meeting.)
Amendment to Regulations Relating to Education of Professional Midwives and the Practice of Midwifery [PPC (A) 2] – Action on proposed regulations to implement a new law relating to the collaborative agreement for midwives and to revise the professional education requirements for midwifery. (Discussed at June 2011 PPC meeting.)
Amendment of Regulations Relating to Collaborative Drug Therapy Management and Continuing Education for Pharmacists [PPC (A) 3] – Emergency action on proposed regulations to implement a new law relating to collaborative drug therapy management, involving pharmacists and physicians working together.
Amendment to Regulations Relating to Waivers from Corporate Practice Restrictions and Certain Not-for-Profit and Educational Corporations to Provide Services [PPC (A) 4] – Emergency action on proposed regulations to implement a 2011 law extending the time for certain entities to apply for waivers from corporate practice restrictions in order to provide social work, mental health, and psychotherapy services.
Motion for Action by Full Board Your Professional Practice Committee recommends, and I move, that that Board of Regents act affirmatively upon each recommendation in the written report of the Committee’s deliberations at its meeting on September 12, 2011, copies of which have been distributed to each Regent.
Committee Discussions not Requiring Board Action
Deputy Commissioner’s Report/Update [Oral] – The Deputy Commissioner reported on the following issues:
• Updates on International Medical Schools Advisory Committee
• Overview of PPC Consent Agenda items scheduled for action by the Full Board:
• Board Appointments
• Licensing Petitions and Conferral of Degrees
• Approval of the amendment of the master plan of Briarcliffe College authorizing its Patchogue Campus to offer the Associate in Applied Science degree in Dental Hygiene.
• Technology Update
• Staffing/Productivity Update
Disciplinary Actions Involving the Commission of Fraud [PPC (D) 1] – Information about, and an opportunity for the Professional Practice Committee to discuss, professional misconduct cases involving the commission of fraud.
Audits/Budget and Finance The Regents Committee on Audits/Budget and Finance met as scheduled on September 13, 2011. Vice Chair Bendit, Chancellor Tisch, Vice Chancellor Cofield, Regents Tilles, Phillips, Tallon, Young, Dawson, Cea, and Cottrell were in attendance.
Chair’s Remarks: Regent Chapey welcomed everyone. She reiterated the role of the Committee in assisting the Board of Regents in its role in the reform efforts.
Items for Discussion
August 2011 Fiscal Report
Your Committee reviewed the fiscal report. Our Chief Operating Officer briefed the Committee members on the status of Departments accounts with deficit. In addition, information was provided related to the receipt of funds to reinstate the Regents exam and the status of Department workforce.
Review of the Office of Audit Services (OAS) Activities Department staff briefed the Committee on the accomplishments of OAS during the period from July 1, 2010 to June 30, 2011. This one year period was also the second year of the two-year audit plan.
Completed Audits The Committee was presented with 50 audits this month. The audits included 2 audits issued by OAS and 47 audits issued by the Office of the State Comptroller (OSC) and one issued by the Office of the New York City Comptroller. Among the audits findings were weaknesses in the area of internal controls, budgeting practices, the level of fund balance, and use of reserves. OAS will continue to monitor trends requiring the attention of the Committee.
Adult Career and Continuing Education Services (ACCES) Your ACCES Committee held its scheduled meeting on September 13, 2011. All members were present, with the exception of Chancellor Emeritus Bennett, Regent Chapey and Regent Norwood , who were excused. Additional members of the Board attending where: Chancellor Tisch, Regent Cashin, Regent Cottrell, Regents Dawson, Regent Jackson and Regent Phillips.
MATTERS NOT REQUIRING BOARD ACTION The Committee was informed about the action being taken by Adult Career and Continuing Education Services – Vocational Rehabilitation (ACCES-VR) in collaboration with the Independent Living Center (ILC) network to increase access to independent living opportunities for individuals with disabilities in New York State. ILC staff assist people with disabilities and their families in navigating complex service systems through peer counseling; information and referral; independent living and life skills training; benefits planning and advisement; housing assistance and individual and systems advocacy. Annually, over 8000 public and private businesses statewide receive assistance in meeting the needs of customers with disabilities. Increasingly, independent living centers are diverting youth and adults with significant disabilities from nursing homes and other segregated settings and assisting with the transition to community living. ACCES-VR estimates that through these efforts independent living centers save New York an average of over $100 million annually by facilitating access to less costly community-based options. On the state and local level, ILCs have advanced accessible public transportation, enhanced accessible and affordable housing opportunities, the NYS Medicaid Buy-In Program, consumer-directed personal assistance services and Medicaid waiver programs, among others. In addition, ILCs have cultivated and maintained strong partnerships with SED programs to ensure equal access for individuals with disabilities including Literacy Zones and Model Transition Programs. ACCES-VR’s consumers are benefiting from the work accomplished by these partnerships with ILCs. ACCES-VR is also proud of its strong working relationship with several important partners in systems change including the National Council of Independent Living and the New York Association on Independent Living, the Independent Living Network of New York, the New York State Council on Independent Living and the New York State Most Integrated Setting Coordinating Council. In total, decades of systems advocacy has resulted in a comprehensive set of legal protections and service options available to New Yorkers with disabilities.
Cultural Education Regent Roger Tilles, Chair of the Cultural Education Committee, submitted the following written report. Your Committee on Cultural Education Committee had its scheduled meeting on September 13, 2011.
In attendance were committee members: Regents Tilles, Dawson, Bendit, Rosa, Cea, Jackson, Cottrell. In addition to CE Committee Members, in attendance were: Chancellor Tisch, Regents Phillips and Cashin, Commissioner King and Executive Deputy Commissioner Grey.
ITEMS FOR DISCUSSION Chair’s Remarks: Regent Tilles welcomed everyone and opened the meeting. Regent Tilles suggested that the committee begin to investigate legislation that would require library board members to receive training. He also suggested that the committee begin to investigate a meeting or summit on arts education, based on the conference held by the Long Island Arts Alliance.
Consent Agenda Item: Appointments to the Regents Advisory Council on Libraries
The Board of Regents approved the following appointments to the Regents Advisory Council on Libraries: John Hammond reappointed for a five-year term beginning October 1, 2011 and ending September 30, 2016; Steven M. Manning appointed a five-year term beginning October 1, 2011 and ending September 30, 2016; and, Sharon E. Orienter appointed to fill a partial term for a three-year period beginning October 1, 2011 and ending September 30, 2014.
Deputy Commissioner Cannell distributed information on a Department effort to assess standards for arts education.
CE (D) 1 – Resource Allocation Priorities: Collection Management, Research, Initiatives in Support of Local Institutions, History of Cultural Education in the Department
The committee briefly discussed the allocation of resources and program priorities within the Office of Cultural Education, suggesting that in the current fiscal and operational environment, priorities for OCE programs are needed. The Commissioner suggested that the committee continue to discuss priorities that address the competing obligations of stewardship, public programming and coordination and outreach to cultural institutions statewide.
MOVED,that the reports from the Regents Standing Committees be approved as submitted. PLEASE NOTE ERRATUM/CLARIFICATION FOR P-12 (A) 4: The new approved school name is Upper West Success Academy Charter School.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Presentation Announcement of the Marge Tierney Scholarship Award Winner
Appointments The 2011 Marge Tierney Scholarship was awarded by Commissioner John B King Jr. to Carol Anstey.
Appointments Appointment of Deputy Commissioner for the Office of P-12 Education
BR (A) 5 MOVED, the Board of Regents approve the appointment of Kenneth Slentz to the position of Deputy Commissioner for the Office of P-12 Education effective September 14, 2011.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Appointment of Associate Commissioner for the Office of Curriculum, Instruction and Field Services
BR (A) 6 MOVED, that the Board of Regents approve the appointment of Anita Murphy to the position of Associate Commissioner for the Office of Curriculum, Instruction and Field Services effective mid-October 2011.
Motion by: Regent Anthony S. Bottar
Chancellor Merryl H. Tisch, Regent James C. Dawson and Maria Neira, Vice President of New York State United Teachers presented the 2012 Teacher of the Year Award to Kathleen Ferguson, Jessie T. Zoller Elementary School, Schenectady, NY.
Jeffry Peneston, Liverpool High School, Liverpool, NY provided an overview of his experiences as 2011 Teacher of the year.
Ms. Ferguson provided brief remarks to the Board upon presentation of her award.
add authority to operate an early childhood program for two and three year olds;
add prekindergarten and kindergarten location at 45 Kaydeross West, Saratoga Springs, New York 12866; and
Webster Montessori School
Amend charter to:
change the corporate address to 1310 Five Mile Line Road, Webster, New York 14580;
authorize the corporation to provide day care;
make absolute the authority for toddler program and grades one through three; and
extend provisional authority for grades four through six for five years.
Psychoanalytic Psychotherapy Study Center
Amend charter to:
add authority to provide a license-qualifying program in psychoanalysis, subject to Department approval, and enable persons enrolled in program to provide psychoanalysis/psychotherapy to public to extent such services are part of the program;
add authority to provide instruction/experience in psychoanalysis leading to a certificate of completion to persons licensed or authorized to provide psychotherapy services, and enable persons enrolled in program to provide psychotherapy services to extent such services are part of the program and are authorized pursuant to Ed L 6503-a;
add authority to teach psychoanalysis/psychotherapy to certain licensed professionals or those authorized to practice psychoanalysis, and certain unlicensed persons, and enable licensed professionals to provide professional services pursuant to Ed L 6503-a, and enable licensed or unlicensed persons enrolled in a license-qualifying program in psychoanalysis, to provide such services solely as part of their instruction;
add authority to provide practicing psychotherapists engaged in writing and research with consultation, research and other resources, provided such services do not result in unlawful practice of a licensed profession
and extend provisional charter for five years.
Suffolk County Academy of Psychology
Extend provisional charter for five years.
Appendix II REGENTS ACTIONS IN 55 PROFESSIONAL DISCIPLINE CASES
AND 1 RESTORATION PETITION September 12-13, 2011 The Board of Regents announced disciplinary actions resulting in the surrender of 11 licenses as well as 44 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case. In addition, the Board acted upon 1 restoration petition.