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/ THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234TO: /
The Honorable the Members of the Board of Regents
FROM: / Anthony LofrumentoSUBJECT: / Summary of the October 2008 Meeting
DATE: / October 29, 2008
STRATEGIC GOAL: / Goal #4
AUTHORIZATION(S):
Executive Summary
Issue for Decision
Review of the Summary of the October 2008 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of the October 2008 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 October 2008 meeting.
Timetable for Implementation
Effective November 18, 2008.
VOTED, that the Summary of the October 2008 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE OCTOBER MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
October 20 and 21, 2008
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, October 20 at 10:15 a.m. and Tuesday, October 21 at 12:05 pm. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Monday, October 20, 10:15 a.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
Roger Tilles
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson. Vice Chancellor Merryl H. Tisch and Regents Arnold B. Gardner, and Karen Brooks Hopkins were absent and excused.
Chancellor Robert M. Bennett called the meeting to order at 10:15 a.m.
ACTION ITEM
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Tuesday, October 21 at 7:45 a.m. for the purpose of discussing pending litigation and personnel matters.
Motion by: Regent Saul B. Cohen
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
ACTION ITEMS
.
Charter Applications for October 2008
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Regent Anthony S. Bottar
Seconded by: Regent Joseph E. Bowman, Jr.
Action: Motion carried unanimously
Summary of the September 2008 Meeting
BR (A) 2
MOVED, that the Summary of the September 2008 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent Geraldine D. Chapey
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
DISCUSSION ITEMS
Proposed Regents 2009 State and Federal Legislative Priorities
BR (D) 2
The Board discussed the implementation of Regents 2009-10 state budget proposal. Discussed also was that each committee would review its respective proposals and direct staff to make necessary changes, deletions and additions in light of the state’s fiscal situation, considering impacts of programs with state dollars matched by federal dollars and existing priorities and initiatives.
2009-2010 Budget Development Process
BR (D) 3
The Board discussed the implementation of Regents 2009-10 state and federal legislative proposals. Discussed also was that each committee would review its respective proposals and direct staff to make necessary changes, deletions and additions.
MEETING OF THE FULL BOARD, Tuesday, October 21, 12:05 p.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
Merryl H. Tisch, Vice Chancellor
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Milton L. Cofield
Roger Tilles
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Arnold B. Gardner, Joseph E. Bowman, Jr. and Karen Brooks Hopkins were absent and excused.
Chancellor Robert M. Bennett called the meeting to order at 12:05 p.m.
ACTION ITEMS
State Education Department September 2008 Fiscal Report
BR (A) 3
MOVED, that the Board of Regents accept the September 2008 State Education Department Fiscal Report as presented.
Motion by: Regent Harry Phillips, 3rd
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
Appointment to the Position of Executive Secretary to the State Board for Chiropractic and the State Board for Respiratory Therapy
BR (A) 4
MOVED, that the Board of Regents approve the appointment of Douglas E. Lentivech as Executive Secretary to the State Board for Chiropractic and Executive Secretary to the State Board for Respiratory Therapy.
Motion by: Regent Geraldine D. Chapey
Seconded by: Regent Saul B. Cohen
Action: Motion carried unanimously
Appointment of Alan Ray as Assistant Commissioner for Policy, P-16
BR (A) 5
MOVED, that the Board of Regents approve the appointment of Alan Ray to the position of Associate Commissioner for Policy, P-16 retroactive to September 27, 2007.
Motion by: Regent Milton L. Cofield
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Appointment of Secretary to the Board of Regents
BR (A) 6
MOVED, that the Board of Regents approve the appointment of Anthony Lofrumento as Secretary to the Board of Regents, effective November 13, 2008.
Motion by: Regent James C. Dawson
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
Appointment to the Position of Assistant Commissioner for Libraries and NYS Librarian
BR (A) 7
MOVED, that the Board of Regents approve the appointment of Bernard A. Margolis to the position of Assistant Commissioner for Libraries and New York State Librarian.
Motion by: Regent Roger B. Tilles
Seconded by: Regent James R. Tallon, Jr.
Action: Motion carried unanimously
DISCUSSION ITEM
Proposed Amendment of Parts 275 and 276 and 100.2(y) of the Regulations of the Commissioner of Education Relating to Education Law 310 Appeals to the Commissioner of Education
BR (D) 1
The proposed amendment was outlined by Erin M. O’Grady-Parent, Deputy Counsel, including the regulations governing the practice in 310 appeals that are found in parts 275 and 276 of the Commissioner’s Regulations. The proposed amendment is necessary to enact technical changes to clarify, update and otherwise conform the regulations to established practice. The proposed amendment will be submitted for action at the November Regents meeting.
INFORMATION ITEMS
Commissioner’s Summary
Oral
Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees. The Commissioner’s summary included the Audit committee’s work to close in on key policy decisions, the State Aid committee’s work on the presentation of foundation formula aid, presentations that defined the growth model and differentiated accountability, the importance of the appointment of the New York State Librarian, P-16 work on balancing priorities and expectations, and the framework of the Board’s legislative priorities.
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: Regent Geraldine D. Chapey
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Your EMSC Committee held its scheduled meeting on October 20, 2008. All Committee members were present.
ACTION ITEMS
Submission of a Differentiated Accountability Model to the United States Department of Education
Your Committee discussed and approved the conceptual differentiated accountability proposal that was submitted to USED in time to meet the USED deadline. If USED approves this proposal, New York will be able to revise the manner in which schools and districts are categorized under NCLB as well as develop modified consequences and supports for schools and districts identified for improvement. The Regents asked that staff strengthen the proposal to reflect elements discussed during the Committee meeting including emphasis on district accountability. [EMSC (A) 3]
Proposed Interim Growth Model for Title I Accountability
The Committee discussed the input on the draft Growth Model proposal from the six public forums in September and October. Staff made recommendations for changes to the proposal as a result of the input from those forums and the Committee endorsed those changes. The Committee discussed the positive comments received at the forums and the significant endorsement by the field of the direction in which the Board of Regents and the Department are heading. It was also pointed out that additional resources will be needed to implement the Growth Model. Staff will compile the results of all the surveys and comments received at the forums and provide this information to the Regents offline. In addition, as the Regents requested, over the next several months, a second tier to the model to measure growth of students who are already proficient will be developed. Your Committee unanimously recommends that the Board of Regents approve the final proposed growth model for submission to the United States Education Department, as required by Chapter 57 of the Laws of 2007. [EMSC (A) 2]
Charter Schools
Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Western New York Maritime Charter School, and the provisional charter is amended accordingly. [EMSC (A) 1]
Consent Agenda
Your Committee recommends that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Hornell City School District in an amount not to exceed $52,700,000 for capital improvements consisting of additions to, and reconstruction of school buildings and facilities throughout the district and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC (CA) 1]
Your Committee recommends that the Board of Regents hereby gives consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Cohoes City School District in an amount not to exceed $22,500,000 to reconstruct, renovate, and construct additions and improvements to various district buildings and sites and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC (CA) 2]
Your Committee recommends that seven schools listed above be substituted for the seven schools that closed and therefore receive the same variance that the Regents approved in June 2008. Those schools are: Community School for Social Justice, Essex Street Academy, Facing History School, Gotham Professional Arts Academy, James Baldwin School, New Day Academy, and the Brooklyn School for Collaborative Studies. The variance would allow the schools to use portfolio assessments in place of the Regents Exams in mathematics, social studies, and science for a five-year period, through the 2013-2014 school year. The schools would still be required to take the Regents Exam in English. Additionally, general education students who entered ninth grade in fall 2008 in the schools listed above would also be required to pass the Regents Exam in English at a score of 65, as is true in the rest of the state. [EMSC (CA) 3]
MOTION FOR ACTION BY FULL BOARD
Mr. Chancellor and Colleagues: Your EMSC 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 October 20, 2008, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Proposed Amendment to the Regulations of the Commissioner Relating to the Excelsior Scholars Program – The Committee discussed a proposed amendment to the Excelsior Scholars Program for grade seven mathematics and science students. These grants are awarded on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars. The proposed amendment clarifies procedures for the nomination of eligible students by school district superintendents. Subdivision (c) of section 100.14 provides that the superintendent may nominate up to 10 percent of a school's eligible grade seven students to participate in the programs. This amendment will clarify the nominating process to provide that in instances where a school district has fewer than 10 eligible students, the superintendent may nominate one such student. The Committee reached consensus on the intent of the proposed amendment. It will be submitted to the Regents in November for final approval. [EMSC (D) 1]
Impact of Attrition and Budget Cuts on P-16 Capacity – The Committee discussed the impact of the 10.35 percent cut in both state operations and special revenue funds, a hard hiring freeze and the loss of several key staff on capacity in P-16 to successfully meet our goals. This discussion was held at both the EMSC and the Higher Education Committee meetings and gave both committees a fuller picture of current staff capacity (including 42 positions available to fill and expectations for more losses through retirement), what we have as priorities and what we are doing to address capacity issues for now and in the near future. Any additional cuts to state operations will further impact staffing and core programs. Members of the Committee suggested that further discussion is needed on how Department staffing aligns with the Regents priorities and where funding is fungible. [EMSC (D) 2]
Proposed Regents 2009 State and Federal Legislative Priorities – The Committee discussed the proposals that the Regents will consider for inclusion in their 2009-10 legislative priorities. The Committee discussed the possible inclusion of the District Superintendent salary cap issue as a separate item. Members of the Committee would like to examine this further and will come back in November with a recommendation on whether it should be put into this legislative priority package as a separate item or as a part of the BOCES reform initiative. [BR (D) 2]
REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Your VESID Committee held its scheduled meeting on October 20, 2008. All