TO: /
The Honorable the Members of the Board of Regents
FROM: / Anthony LofrumentoSUBJECT: / Summary of the November 2010 Meeting
DATE: / December 1, 2010
AUTHORIZATION(S):
Executive Summary
Issue for Decision
Review of the Summary of the November 2010 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of November 2010 meeting.
Procedural History
This document summarizes the actions of the Board of Regents during the monthly meeting and is brought before the Board the following month for approval.
Recommendation
Approval of the Summary of the November 2010 meeting.
Timetable for Implementation
Effective December 14, 2010.
VOTED, that the Summary of the November 2010 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE NOVEMBER MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
November 15 and 16, 2010
Anthony Lofrumento, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held public sessions on Monday, November 15 at 9:00 a.m. and on Tuesday, November 16 at 12:05 p.m. pursuant to a call to duty sent to each Regent.
MEETING OF THE FULL BOARD, Monday, November 15 at 9:00 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Charles R. Bendit
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner for P-12 Education, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Karen Brooks Hopkins and Betty A. Rosa were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.
ACTION ITEM
Executive Session Motion
MOVED, that the Board of Regents convene in executive session at this time for the purpose of discussing personnel matters; and further
MOVED, that the Board of Regents convene in executive session on Tuesday, November 16, at 8:00 a.m., to discuss pending litigation.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
DISCUSSION ITEM
State Education Department’s Strategic Vision (Other Than P-12)
Oral
Commissioner David M. Steiner and Val Grey presented information to the Board on the Department’s Strategic Vision.
PRESENTATIONS
Update on the Reform Agenda
Oral
Commissioner David M. Steiner and Senior Deputy John King presented an update to the Board.
Full Board adjourned at 10:10 a.m.
MEETING OF THE FULL BOARD, Tuesday, November 16 at 12:05 p.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Charles R. Bendit
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Chancellor Emeritus Robert M. Bennett and Regents Karen Brooks Hopkins and Betty A. Rosa were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 12:05 p.m.
ACTION ITEMS
Charter Applications for November 2010
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group
BR (A) 2
MOVED, that the Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group
The University of the State of New York be approved.
Motion by: Regent James C. Dawson
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
PROGRAM AREA CONSENT ITEMS
Higher Education
Proposed Amendment of Section 52.21 of the Regulations of the Commissioner Relating to the Graduate Level Clinically Rich Teacher Preparation Pilot Program
BR (CA) 1
MOVED, That subclause (3) of clause (c) of subparagraph (iv) of paragraph (5) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education be amended, effective November 19, 2010, 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 timely implement the provisions of the proposed amendment to provide program providers with timely notice of the eligibility requirements for the request for proposal process so the Department complete the competitive bidding process for the selection of program providers before the 2011-2012 school year.
.
Amendment of Section 100.2(o) of the Regulations of the Commissioner of Education Relating to the Annual Professional Performance Review for Teachers in the Classroom Teaching Service
BR (CA) 2
MOVED, That subdivision (o) of Section 100.2 of the Regulations of the Commissioner of Education be repealed and a new subdivision (o) shall be added to section 100.2 of the Regulations of the Commissioner of Education, as submitted, effective November 23, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary to ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule.
ITT Technical Institute – Getzville: A.O.S., Criminal Justice
BR (CA) 3
MOVED, that the Board of Regents approve a master plan amendment for ITT Technical Institute - Getzville to authorize the Institute to offer an A.O.S. program in Criminal Justice. The amendment will be effective until November 30, 2011, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.
Professional Practice
Report of the Committee on the Professions Regarding Licensing Petitions
BR CA (4)
MOVED, that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
(Re)Appointments of Members to the State Boards for the Professions and (Re)Appointments of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels
BR CA (5)
MOVED, that the Board of Regents approve the proposed (re)appointments.
Motion by: Regent James C. Dawson
Seconded by: Regent Roger Tilles
Action: Motion carried unanimously
STANDING COMMITTEE REPORTS
P-12 EDUCATION
Your P-12 Education Committee held its scheduled meeting on November 15, 2010. All Committee members were present, except for Regents Brooks Hopkins and Rosa, who were excused.
ACTION ITEMS
Special Education Mandate Relief
Your Committee recommends that sections 200.2, 200.4, 200.5, 200.6, 200.9, 200.10, 200.11, 200.13, 200.20, 201.2 and 201.11 of the Commissioner's Regulations be amended, as submitted, effective December 8, 2010. The proposed amendment will provide mandate relief and appropriate flexibility for committees on special education (CSE) to make special education recommendations based on students' individual needs by repealing minimum level of service requirements for speech and language related services and for instruction to address the individual language needs of students with autism. The proposed amendments also authorize the addition of up to two additional students in an integrated co-teaching class when it is necessary to do so to address the unique needs of students in that class. To conform to federal and state requirements, the proposed rule will also ensure that the State regulations use language consistent with federal regulations for CSE meeting notices and State statute for district plans of service for special education. The Committee discussed the importance of keeping parents informed and using the parent guide to communicate clear and understandable information. [P-12 (A) 1]
Qualified School Construction Bonds and Qualified Zone Academy Bonds
Your Committee recommends that the emergency amendment of section 155.22 of the Regulations of the Commissioner of Education relating to Qualified Zone Academy bonds and Qualified school construction bonds, adopted at the September 13-14, 2010 Regents meeting is repealed, effective November 23, 2010. It is further recommended that section 155.22 of the Regulations of the Commissioner of Education be amended as submitted, effective November 23, 2010, 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 the emergency rule adopted at the September 2010 Regents meeting, as revised, remains continuously in effect until it can be adopted as a permanent rule. The purpose of the proposed amendment is to prescribe the procedures for New York State to allocate its $174,782,000 2010 State limitation amount to those school district bond issuers not receiving a direct federal Qualified School Construction bond allocation. In addition, the proposed amendment revises the provisions relating to Qualified Zone Academy bonds (QZAB) to provide for a separate charter school allocation from the QZAB State limitation amount. [P-12 (A) 2]
Charter School Action
Your Committee recommends that the Board of Regents approves and issues the charter of the Bronx Success Academy Charter School 3 as proposed by the Trustees of the State University of New York (SUNY) and issues a provisional charter to it for a term as prescribed by §2851(2)(p) of the Education Law. It further recommends that the Board of Regents approves and issues the charter of the Success Academy Charter School as proposed by the Trustees of the State University of New York (SUNY) and issues a provisional charter to it for a term as prescribed by §2851(2)(p) of the Education Law. [P-12 (A) 4]
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 November 16, 2010, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Data System Update – The Committee was given an update on the P-20 Data System including information on the $114.7 million in additional funding from federal and state grants. Discussion focused on three major deliverables: linkages between teachers and course data, linkages between P-12 and higher education, and the Data Portal and Instructional Reporting and Improvement System. [P-12 (D) 1]
Distinguished Educator Program – The Committee discussed proposed amendments to regulations establishing criteria regarding the selection, roles, responsibilities, protocols and procedures, and expenses for distinguished educators. The proposed rule will enable the Commissioner to appoint distinguished educators to districts and schools that are experiencing extremely serious academic challenges and ensure the appointment of qualified individuals, who have experience in achieving consistent growth in academic performance or educational expertise, including superior performance in the classroom, to serve as distinguished educators to assist low performing schools. Department staff reviewed relevant research prepared by the New York Comprehensive Center, held conference calls with other state education agencies that have similar programs, consulted with experts, and held focus meetings with key stakeholder groups on the conceptual framework for a Distinguished Educator program. The proposed amendments will come back to the Committee in January for approval. [P-12 (D) 2]
Mandatory School Board Training – The Committee discussed the importance of strong leadership and governance for school boards and superintendents as districts examine their practices towards the goal of increasing the college and career readiness of our students. Discussion focused on the framework for development of proposed amendments to regulations for the required training of school board members in five major areas: roles and responsibilities of the school board; powers and duties of other governing and administrative authorities and their affect on public education; communication and interaction with the community; legal and ethical issues; and education issues. Staff will begin work on the development of proposed amendments to regulations to present to the Board of Regents at a future meeting. [P-12 (D) 4]
Release of Scores for the Grades 3-8 Testing Program 2011 – The Committee discussed two possible timelines for the release of the Grades 3-8 test results. Due to Easter falling so late in April, the tests cannot be given until the first week in May. This makes it impossible for school districts and scanning centers to maintain the scoring and scanning schedules met in 2010. The Committee was presented with two timelines. Timeline 1 maintains the aggressive milestones necessary to return test scores by the last day of school (June 23), but is impractical. Timeline 2 returns scores nine working days after school ends (July 7) which maintains an aggressive timeline, but makes it manageable for both school districts and scanning centers. The Regents endorsed the staff recommendation to follow Timeline 2. [P-12 (D) 5]
P-12 Strategic Vision – The Committee discussed the action steps, significant 2009-10 developments and Race to the Top priorities for 2010-11. [P-12 (D) 6]
Revised Comprehensive English Regents Exam: Standards Revisitation Update – The Committee revisited the discussion and previous actions taken on the implementation of the new Comprehensive English Regents Exam. The Committee discussed the challenges associated with the new exam, including cost and timing (the test is not being given during the regular January testing period; it will be administered on January 11, 2011 and schools will be required to score the test that afternoon and ship the answer sheets to the vendor by January 12, 2011). A memorandum will be sent to the field with information on steps taken to ensure that the new one-day exam is as rigorous as the previous two-day exam. Staff will provide additional updates at the December meeting. [P-12 (D) 9]
Proposed Regents State and Federal Legislative Priorities for 2011 – The Committee discussed the proposed Regents state and federal legislative priorities for P-12 that will be recommended for approval, as part of a larger package, by the full Board of Regents. The legislative proposals are aligned with the Regents budget proposals and strategic goals. The Committee discussed three State legislative priorities described in more detail below: [P-12 (A) 3]