June 2007
To: District Superintendents of Schools
Superintendents of Public Schools
From: Jean C.
Stevens, Associate Commissioner
Subject: Procedure for Registration of New Public
Schools
Section 100.2(p) of Commissioner’s Regulations
states that, “Only those public and nonpublic schools, which are registered by
the Board of Regents upon recommendation of the Commissioner, may issue
diplomas and administer Regents examinations, except that charter schools may
issue diplomas and administer Regents examinations as authorized by Article 56
of the Education Law.”
The regulations further specify that a school
district that seeks to register a new public elementary, intermediate, middle,
junior high school or high school shall submit a petition for registration to
the Board of Regents no later than June 15th for schools opening in
September of the next successive school year or, for schools opening during the
school year, at least 90 days prior to the opening of the school. The regulations also require the district to
submit a copy of the Board of Education resolution to open the school and a
certificate of occupancy.
The Commissioner will review the petition and
the addendum (see attached) before recommending its approval to the Board of
Regents if it is satisfactorily demonstrated that the school will be operated
in an educationally sound manner; is in compliance with applicable statues,
rules and regulations relating to public schools; and will operate in
accordance with applicable building codes and pursuant to a certificate of
occupancy. Further, in districts with an approved plan for district
reorganization, no new public school will be recommended for registration by
the Commissioner if, in the Commissioner’s judgment, the establishment of the
school would conflict with that plan, except where it can be established to the
satisfaction of the Commissioner that the school is essential to student
welfare.
The information acquired in the addendum will
be used to determine the new public school’s accountability status under No
Child Left Behind and the
Questions about school registration can be addressed to Ira Schwartz, Coordinator for Accountability, Policy and Administration, at (718) 722-2796