Board of Regents Actions --September/October 2007


A summary of major actions and discussions related to elementary, middle, secondary and continuing education undertaken by the Board of Regents in their monthly meetings in September (9/10-11) and October (10/22-23) 2007 is provided below.  For a full list of items discussed, as well as a complete description of each of the items below, please visit the Board of Regents web site at http://www.regents.nysed.gov

The next meeting of the Board of Regents is scheduled for December 13-14, 2007.

KEY ACTION ITEMS

Regents 2008-09 State Aid Proposal and Priority Budget and Legislative Initiatives

  • Board of Regents State Aid Proposal: The Board of Regents has proposed increasing total State Aid by $1.94 billion to help close the achievement gap and raise achievement for all across the State. Of that total, Foundation Aid to schools would increase by $1.8 billion. The Regents Foundation Aid program will continue the approach that defines a foundation amount based on the cost of successful programs, and then adjusts for difference in student need, regional cost variations, and an expected local contribution. Important components of the Regents State Aid proposal include:
    • Universal Pre-Kindergarten: The Regents are proposing the expansion of Universal Pre-K by $104 million to $535 million and are urging for greater flexibility to support full-day pre-K, as well as half-day Pre-K.
    • Career and Technical Education: The Regents are proposing to increase the number of proven Career and Technical Education (CTE) programs through $6 million in Challenge Grants. CTE programs enable students to earn a Regents Diploma and receive an industry-approved credential. Students who complete the programs graduate from high school at higher rates than students who do not enroll.
    • Improve Instruction for English Language Learners: The Regents are proposing expanded support for English Language Learners (ELL) by increasing the weight given to ELL students in the foundation formula. Implementation of proven programs and performance targets for ELL students are being proposed as tools for strengthening accountability.
  • Board of Regents 2008-09 Budget Proposals: The Board of Regents has proposed several major new initiatives in State funding for schools to close the achievement gap. Highlights of the Board of Regents proposal include:
    • Build on the proven success of education partnerships across the State to raise student achievement by creating PreK-16 Regional Education Alliances in high need communities with $20 million in State and federal funds. These alliances would incorporate existing Literacy Zones in high need communities. They would link school districts with colleges and universities, libraries, museums, and other service and community organizations.
    • Create a new Smart Scholars program that would transform the traditional 4-year high school to college model. This $100 million initiative would provide at least 12,000 disadvantaged students the support to graduate from high school on time with as much as 30 college credits and graduate from college in three years.
    • Prepare 1,000 new teachers for high need schools in shortage-area subjects through a new, three-year, $25 million program. Eight college-school partnerships would compete for the grant funds. All teachers would commit to work in high need schools for 4 years.
    • Parent and Family Outreach, directing $6.5 million in funds to community collaborations in high need areas to involve parents and families in their children’s education. Regional Education Alliances and Literacy Zones would be eligible to receive the competitive grants.
    • Planting the Seed. Certified teachers and members from the 750,000-strong professions licensed by the Board of Regents will mentor at-risk students. In addition, students and their counselors, parents, and teachers will have a single website that provides key information about career options, educational requirements, and links to college programs, financial aid, and grants available to students.

All of the Regents initiatives would work together, all centering on each individual disadvantaged student. For example, a disadvantaged student in a Literacy Zone could get help from a college or service or community organization, may enroll as a “Smart Scholar,” get help from parents who benefit from Parent and Family Outreach programs, be mentored by a professional, get a well-qualified teacher prepared through the alternative certification partnership, and get hands-on learning from a natural history museum.

  • Board of Regents Legislative Proposals: The Board of Regents has proposed several federal and state legislative proposals to align to the Regents budget priorities and carryout the Regents P-16 Education Action Plan.  Major legislative proposals include:

State Priorities

    • Allow retired teachers to teach in hard-to-staff schools and subjects without affecting their pensions
    • Strengthen early childhood education – expand full-day Kindergarten and lower the compulsory school age to 5
    • Reduce the number of school district reports required by statute
    • Eliminate the salary cap for BOCES Superintendents of Schools
    • Other priorities impacting the University of the State of New York (USNY) are described in detail in the report to the Board of Regents

Federal Priorities

    • Reauthorization of the No Child Left Behind (NCLB) Act – the Regents have submitted recommendations to Congress to reform NCLB and have recommended that improvements be made that align to the Regents P-16 agenda.
    • Amend the Individuals with Disabilities Education Act (IDEA) Highly Qualified Teacher Provision
    • Reauthorize the Workforce Investment Act (WIA)
    • Maintain Medicaid reimbursement for school-based services to students with disabilities, including for administrative and transportation services
    • Secure continuation of the E-rate program
    • Reauthorize Head Start
    • Other USNY priorities are described in detail in the report to the Board of Regents

We look forward to working with the State Legislature, with Congress, and with other partners, in the coming months to advance these important priorities. 

Action Items to Implement Chapter 57 of the Laws of the 2007 (the 2008-09 State Budget)

  • Contracts for Excellence: In October, the Board of Regents adopted by emergency action (fifth emergency adoption) the proposed addition of Section 100.13 and amendment of Section 170.12 of the Regulations of the Commissioner to implement provisions of Chapter 57 of the Laws of 2007 (the State budget) concerning the Contracts for Excellence.  This emergency action will help to provide the additional time needed to ensure that the Department’s experience with implementing this new initiative and comments received from the field will be carefully considered before final adoption of the regulations by the Board of Regents.

    The Board of Regents also received an update on the status of the Department’s efforts to review the Contracts submitted by 55 school districts statewide.  In the coming months, the Board of Regents will discuss, in greater detail, proposed strategies for monitoring implementation of the Contracts, including how monitoring compliance with the Contracts for Excellence will be incorporated into the Department’s proposed new coordinated monitoring plan.
  • Timetable and Proposed Action Plan for Reviewing and Updating New York State Learning Standards: The Regents endorsed in October a proposed plan and timetable for the review and revision of the New York State learning standards consistent with the Regents P-16 Action Plan and Chapter 57 of the Laws of 2007.  Review of the English Language Arts (ELA) learning standards is scheduled to begin in the 2007-08 school year.  The proposed plan recommends that the review of a new learning standards area be initiated annually thereafter with the entire review and revision process extending over several years.  This will provide the time needed to engage experts from the field and feedback from educators, parents, students, and others in the review process; prepare new curriculum materials; development new assessments based on the revised standards; facilitate professional development for teachers and administrators; and ensure that teacher education programs and certification requirements are aligned with the new standards.
  • Universal Pre-Kindergarten: The 2007-2008 State Budget provides a significant opportunity to substantially expand the statewide universal pre-kindergarten program and to provide more children with high quality early childhood education.  Chapter 57 of the Laws of 2007 (State budget) also authorizes the Commissioner of Education to establish regulations specifying uniform quality standards for programs and requires the Commissioner to prescribe a format by which each participating school district shall apply for universal pre-kindergarten program grant funds.

    In September, in response to feedback regarding challenges districts face meeting the requirement that all Universal Pre-Kindergarten (UPK) classes be up and running so early in the school year, the Board of Regents adopted changes to the UPK emergency regulations that provide districts with increased flexibility to begin or expand UPK programs. Subpart 151-1.4 (a) of Commissioner’s Regulations was revised to provide relief from the 180 day requirement for districts implementing programs for the first time or expanding programs with new funds. Therefore, districts that have not yet applied for additional funding to start or expand UPK programs in 2007-08 still have an opportunity to do so as long as the programs begin in time to provide children with at least 90 days of classes – for most districts, this means beginning before January 2008.  An announcement regarding this additional flexibility was sent to School Superintendents in September.  Additional information can be found on our Web site at http://www.emsc.nysed.gov/nyc/upk.html.  The Regents also approved a revision to Section 151-1.3(a)(2) of the regulations, replacing "early literacy and emergent reading program" with "early literacy and emergent reading instruction” to clarify the intent of the provision. 

    Also in September, to be consistent with the amendments of Part 151, the Board of Regents adopted a proposed amendment of section 100.3 of the Regulations of the Commissioner to align program requirements for Pre-Kindergarten programs and Kindergarten programs operated by school districts and voluntarily registered nonpublic schools with those established for State funded UPK programs. 

    In October, the Board of Regents adopted by emergency action (fourth emergency adoption) the proposed amendment of Subpart 151-1 to implement the provisions of Chapter 57 of the Laws of 2007 by establishing uniform quality standards and other requirements for Universal Pr-Kindergarten programs.  The proposed amendment included two revisions to provide additional flexibility with respect to staffing to eligible agencies providing UPK services:
    • The Board of Regents approved a change to Section 151-1.3(e)(1)(iii) to allow teachers certified in the childhood education grades (1-6) to also teach UPK classes, provided that they have a written plan in place to earn certification in the early childhood grades within five years. 
    • Section 151-1.3(e)(2) was also revised to allow an on-site director at an eligible agency site to have a valid teaching license or certificate in either early childhood or childhood grades. 

The Regents emergency action will keep the regulations in effect until they can be permanently adopted. 

  • Excelsior Scholars Program and Summer Institutes for Math and Science: : In October, the Board of Regents adopted, by emergency action, Sections 100.14 and 100.15 of the Regulations of the Commissioner to implement provisions of Chapter 57 of the Laws of 2007 which establish:
    • Summer Institutes for Math and Science – To help mathematics and science teachers strengthen their content knowledge and teaching skills, this program will offer competitive grants to colleges and universities with teacher education programs, in partnership with school districts, to conduct summer institutes for grades 5-8 science and mathematics teachers.  The grants will target, where possible, teachers in schools identified as in need of improvement or in corrective action or restructuring status, schools under registration review or schools requiring academic progress. 
    • Excelsior Scholars Program – This program will offer competitive grants to colleges and universities to conduct summer programs to provide advanced coursework in mathematics and science to students in grade seven math and science students designated as Excelsior Scholars.
    The Regents emergency action will help to ensure that criteria for the programs can be established, Requests for Proposals (RFPs) can be developed, and programs can begin to be put in place in the summer of 2008.  It is anticipated that the regulations will come before the Regents for permanent adoption in December. 
  • Education of Students with Limited English Proficiency: Chapter 57 of the Laws of 2007 (State budget) requires all school districts receiving total foundation aid to develop comprehensive plans to meet the educational needs of students with limited English proficiency.  The statute also gives the Commissioner of Education the authority to establish the criteria for the development of the plans.  In September, the Board Regents approved an amendment to Section 154 of Commissioner’s Regulations as a permanent rule.  The amendment establishes:
    • uniform requirements for all districts for the development of the plans;
    • specific criteria for the submission of required reports;
    • standards for the distribution of school-related information to parents of  students with limited English proficiency; and
    • standards for the referral of students with limited English proficiency suspected of having a disability.
    We appreciate the extensive input and recommendations we have received from the field.  Your feedback helped to inform the development of the proposed regulatory language.  Guidelines are now under development to provide you with additional guidance on this important new initiative to strengthen the educational preparation of students with limited English proficiency and to address issues not included in the regulation.  We will share this information widely as it is finalized. 
  • Maintenance of Effort in Certain Cities: In October, the Board of Regents adopted as a permanent rule the proposed addition of Section 170.13 to the Regulations of the Commissioner requiring schools districts in cities with populations of between 125,000 and 1 million people to maintain their fiscal effort in support of education.
  • Charter School Public Hearings: Chapter 57 of the Laws of 2007 (the State budget) requires school districts in which charter schools are located to hold public hearings to solicit comments from the community when the charter for a charter school is being issued, revised, or renewed. In October, the Board of Regents adopted a proposed amendment to Section 119.4 of the Regulations of the Commissioner to establish procedures for school districts to use when conducting these public hearings and soliciting comments from the community.  In the event that the school district does not conduct these public hearing, the law requires that the hearing be conducted by the Board of Regents.  Also in October, the Board Regents adopted an amendment to Section 3.16 of the Rules of the Board of Regents delegating Regents authority to conduct the hearings to the Commissioner of Education so the hearings can be conducted expeditiously.
  • Instructional Computer Hardware: Chapter 57 of the Laws of 2007 (State Budget) provides for an apportionment of approved school district expenses for computer hardware or technology equipment, for repair of the equipment or for staff development for instruction.  According to Chapter 57, the aid is to be provided according to a plan developed by the district that demonstrates, to the satisfaction of the Commissioner, that the instructional computer hardware needs of the district's public and nonpublic school students will be adequately met.  In September, the Board of Regents adopted, as a permanent rule, Section 100.12 of the Regulations of the Commissioner specifying the requirements for school districts’ technology plans.  Chapter 57 also requires school authorities to loan instructional computer hardware to individuals legally attending nonpublic schools located in the district.  Section 21.3 of the Rules of the Board of Regents, which was also adopted as a permanent rule by the Regents in September, details loan procedures for computer hardware and software.

Other Key Regents Actions

  • Diagnostic Screening of Students: In September, the Board of Regents approved an amendment to Part 117 of the Regulations of the Commissioner to clarify definitions and diagnostic screening requirements for new students entering schools and for students with low test scores on certain statewide assessments so that they are consistent with other provisions of the regulations.  Specifically, the amendment:
    • conforms the definition of a pupil with a possible “handicapping condition” to the definitions of a “preschool student with a disability” and a “student with a disability;”
    • clarifies the definition of pupils who must receive diagnostic screening based on their performance on the statewide tests to reflect current statute;
    • clarifies that Pre-Kindergarten students are included in the definition of “new entrants” consistent with regulations pertaining to school health services; and
    • incorporates the existing health screening requirements into the Part 117 diagnostic screening regulation.
  • Regulations to Conform to the New Requirements in the Federal Regulations Implementing IDEA: The Board of Regents approved, for permanent adoption, the proposed amendment to the Regulations of the Commissioner to conform State regulations to the Individuals with Disabilities Education Act (IDEA), as amended by Public Law 108-446, and Part 300 of Title 34 of the Code of Federal Regulations.  The amendment reflects the significant input we received from the field, including feedback from three public hearings conducted this Spring. 

KEY DISCUSSION ITEMS

  • Study of the Evaluation of Teacher Preparation Programs: Consistent with the Board of Regents leadership to strengthen the quality of teaching in New York State, education law (as amended by Chapter 57 of the Laws of 2007) requires that the Department evaluate the effectiveness of teacher preparation programs in consultation with institutions of higher education, and make recommendations to the Board of Regents, including recommendations for developing or modifying data systems.  Consistent with statutory requirements, a comprehensive report on the findings and recommendations resulting from the Department’s recent study of teacher education in New York was shared with the Board of Regents Higher Education and Professional Practice Committee in October.  The recommendations form a five-year plan for enhancing data systems and organizational capacity to improve teacher preparation, teaching practice and student achievement.
  • Education programs and services for students with autism, including Aspergers Syndrome – The Board of Regents received a report in October on the work underway and new initiatives that have been planned to improve education services and results for children with autism.  The initiatives exemplify the Department’s commitment to establish policy and provide technical assistance to ensure school personnel have the knowledge and skills to establish quality programs to meet the needs of students with autism. 

For more information on all of the agenda items discussed by the Board of Regents in September and October, please visit the Regents Web site at http://www.regents.nysed.gov/.


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