PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 3.16 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 101 (not subdivided), 206 (not subdivided), 207 (not subdivided), 305(1), (2) and (20) and 2852(7)
Subject:
Charter schools.
Purpose:
Delegates to the Commissioner authority to approve charter revisions, with certain exceptions, pursuant to Education Law section 2852(7).
Text of proposed rule:
Section 3.16 of the Rules of the Board of Regents is amended, effective October 6, 2010, as follows:
§ 3.16 Delegation of authority with respect to charter schools.
(a) Complaints against charter schools. The Board of Regents delegates to the Commissioner of Education the authority to receive, investigate and respond to complaints presented to the Board of Regents pursuant to Education Law section 2855(4), the authority to issue appropriate remedial orders pursuant to Education Law section 2855(4), and the authority to place a charter school on probationary status and to develop and impose a remedial action plan pursuant to Education Law section 2855(3).
(b) Hearings. The Board of Regents delegates to the Commissioner of Education the authority to conduct and hold public hearings to solicit comments from the community in connection with the issuance, revision or renewal of a charter pursuant to Education Law section 2857(1-a).
(c) Charter revisions.
(1) The Board of Regents delegates to the Commissioner of Education the authority to approve, on behalf of the Board of Regents, proposed revisions of a charter pursuant to Education Law section 2852(7), except for proposed revisions relating to:
(i) educational philosophy, mission or vision;
(ii) governance or leadership structure;
(iii) the curriculum model or school design changes that are inconsistent with that approved in the current charter;
(iv) hiring or termination of a management company;
(v) school name;
(vi) location, if such revision results in relocation to another school district;
(vii) maximum enrollment, as set forth in the current charter; and/or
(viii) grades served, as set forth in the current charter.
(2) Notwithstanding the provisions of paragraph (1) of this subdivision, revisions relating to subparagraphs (i) through (iii) of such paragraph that are determined by the commissioner not to be significant may be approved by the commissioner pursuant to this delegation of authority.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
John B. King, Jr. Senior Deputy Commissioner for P-12, State Education Department, State Education Building, Room 125, 89 Washington Avenue, Albany, NY 12234, (518) 474-3862, email: NYSEDP12@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Regulatory Impact Statement
STATUTORY AUTHORITY:
Education Law section 101 continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Board of Regents to appoint the Commissioner of Education as the chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.
Education Law section 206 authorizes the Regents, any committee thereof, the Commissioner, the deputy and any associate and assistant commissioner of education and the counsel of the State Education Department to take testimony or hear proofs relating to their official duties, or in any matter which they may lawfully investigate.
Education Law section 207 empowers the Regents and Commissioner to adopt rules and regulations to carry out the State laws regarding education and the functions and duties conferred on the Department.
Education Law section 305(1) provides that the Commissioner is the chief executive officer of the State system of education and of the Board of Regents, and charged with the enforcement of all general and special laws relating to the educational system of the State and the execution of all educational policies determined by Regents. Section 305(2) provides that the Commissioner shall have general supervision over all schools and institutions subject to the Education Law or any statute relating to education. Section 305(20) provides that the Commissioner shall have and execute such further powers and duties as he shall be charged with by the Regents.
Education Law section 2852(7) requires that charter revision be approved by the Board of Regents.
LEGISLATIVE OBJECTIVES:
The proposed amendment is consistent with the above statutory authority and is necessary to delegate to the Commissioner of Education the authority of the Board of Regents to approve revisions to the charters of public charter schools, with certain specified exceptions, pursuant to Education Law section 2852(7).
NEEDS AND BENEFITS:
The proposed amendment is necessary to delegate to the Commissioner of Education the authority of the Board of Regents to approve revisions, with certain specified exceptions, to the charter of public charter schools. Having the Board of Regents approve all revisions, including revisions that do not fundamentally affect the school's missions, organizational structure or educational program, and other such changes, is not deemed to be the most appropriate and efficacious means to address these matters, considering the scope of duties of the Board, the limited number of times that the Board meets during the year, and the time demands placed on individual Board members. It has been determined that delegation to the Commissioner of the Board's authority to approve charter revisions, with certain specified exceptions, will provide for the most efficient and expeditious means to approve and issue charter revisions.
Authority to approve revisions concerning the following would be retained by the Board of Regents and not delegated to the Commissioner:
(1) educational philosophy, mission or vision;
(2) governance or leadership structure;
(3) the curriculum model or school design changes that are inconsistent with that approved in the current charter;
(4) hiring or termination of a management company;
(5) school name;
(6) location, if such revision results in relocation to another school district;
(7) maximum enrollment, as set forth in the current charter; and/or
(8) grades served, as set forth in the current charter.
The proposed amendment would authorize the Commissioner to approve revisions concerning items (1) through (3) above, provided that the revisions are determined by the Commissioner not to be significant.
COSTS:
(a) Costs to State government: none.
(b) Costs to local government: none.
(c) Cost to private regulated parties: none. The proposed amendment does not affect any private regulated parties.
(d) Cost to regulating agency for implementation and continued administration of this rule: none.
The proposed amendment merely delegates to the Commissioner the authority to approve charter revisions, with certain specified exceptions, and does not Impose any additional costs to the State, local government and the State Education Department beyond those inherent in Article 56 of the Education Law.
LOCAL GOVERNMENT MANDATES:
The proposed amendment does not impose any program, service, duty or responsibility upon school districts, charter schools or other local governments. It merely delegates to the Commissioner the authority to approve charter revisions, with certain specified exceptions.
PAPERWORK:
The proposed amendment does not impose any additional reporting, record keeping or other paperwork requirements upon school districts or charter schools. It merely delegates to the Commissioner the authority to approve charter revisions, with certain specified exceptions.
DUPLICATION:
The proposed amendment does not duplicate any existing State or Federal requirements.
ALTERNATIVES:
Having the Board of Regents continue to approve all revisions, including revisions that do not fundamentally affect the school's missions, organizational structure or educational program, and other such changes, is not deemed to be the most appropriate and efficacious means to address these matters, considering the scope of duties of the Board, the limited number of times that the Board meets during the year, and the time demands placed on individual Board members. It has been determined that delegation to the Commissioner of the Board's authority to approve charter revisions, with certain specified exceptions, will provide for the most efficient and expeditious means to approve and issue charter revisions.
FEDERAL STANDARDS:
There are no applicable Federal standards.
COMPLIANCE SCHEDULE:
The proposed amendment merely delegates to the Commissioner the authority to approve charter revisions, with certain specified exceptions, and does not Impose any additional costs or compliance requirements on school districts, charter schools or local governments beyond those inherent in Article 56 of the Education Law. It is anticipated that compliance may be achieved by the effective date of the proposed amendment.
Regulatory Flexibility Analysis
Small Businesses:
The proposed amendment applies to school districts and charter schools, and will delegate to the Commissioner of Education the authority of the Board of Regents to approve pursuant to Education Law section 2852(7) revisions to the charters of public charter schools, with certain specified exceptions. The proposed amendment does not impose any economic impact, or other compliance requirements on small businesses. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
Local Governments:
EFFECT OF RULE:
The proposed rule applies to all school districts and charter schools in the State. There are currently 177 authorized charter schools, 140 of which are currently operating.
COMPLIANCE REQUIREMENTS:
The proposed amendment does not establish any reporting, recordkeeping or other compliance requirements on school districts or charter schools. It merely delegates to the Commissioner of Education the authority of the Board of Regents to approve revisions to the charters of public charter schools, with certain specified exceptions.
Authority to approve revisions concerning the following would be retained by the Board of Regents and not delegated to the Commissioner:
(1) educational philosophy, mission or vision;
(2) governance or leadership structure;
(3) the curriculum model or school design changes that are inconsistent with that approved in the current charter;
(4) hiring or termination of a management company;
(5) school name;
(6) location, if such revision results in relocation to another school district;
(7) maximum enrollment, as set forth in the current charter; and/or
(8) grades served, as set forth in the current charter.
The proposed amendment would authorize the Commissioner to approve revisions concerning items (1) through (3) above, provided that the revisions are determined by the Commissioner not to be significant.
PROFESSIONAL SERVICES:
The proposed amendment does not impose any additional professional services requirements on school districts or charter schools.
COMPLIANCE COSTS:
The proposed amendment does not impose any compliance costs on school districts or charter schools. It merely delegates to the Commissioner of Education the authority of the Board of Regents to approve revisions to the charters of public charter schools, with certain specified exceptions.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed amendment does not impose any compliance costs or new technological requirements on school districts or charter schools.
MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any compliance requirements or compliance costs on school districts or charter schools. It merely delegates to the Commissioner of Education the authority of the Board of Regents to approve revisions to the charters of public charter schools, with certain specified exceptions. Having the Board of Regents approve all revisions, including revisions that do not fundamentally affect the school's missions, organizational structure or educational program, and other such changes, is not deemed to be the most appropriate and efficacious means to address these matters, considering the scope of duties of the Board, the limited number of times that the Board meets during the year, and the time demands placed on individual Board members. It has been determined that delegation to the Commissioner of the Board's authority to approve charter revisions, with certain specified exceptions, will provide for the most efficient and expeditious means to approve and issue charter revisions.
LOCAL GOVERNMENT PARTICIPATION:
Comments on the proposed amendment were solicited from school districts through the offices of the district superintendents of each supervisory district in the State. Copies of the proposed amendment have been provided to charter schools for review and comment.
Rural Area Flexibility Analysis
TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed amendment applies to all school districts and charter schools within the State, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. There are currently 177 authorized charter schools, 140 of which are currently operating.
REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed amendment does not establish any reporting, recordkeeping or other compliance requirements, or impose any additional professional services requirements on school districts or charter schools in rural areas. It merely delegates to the Commissioner of Education the authority of the Board of Regents pursuant to Education Law section 2852(7) to approve revisions to the charters of public charter schools, with certain specified exceptions.
Authority to approve revisions concerning the following would be retained by the Board of Regents and not delegated to the Commissioner:
(1) educational philosophy, mission or vision;
(2) governance or leadership structure;
(3) the curriculum model or school design changes that are inconsistent with that approved in the current charter;
(4) hiring or termination of a management company;
(5) school name;
(6) location, if such revision results in relocation to another school district;
(7) maximum enrollment, as set forth in the current charter; and/or
(8) grades served, as set forth in the current charter.
The proposed amendment would authorize the Commissioner to approve revisions concerning items (1) through (3) above, provided that the revisions are determined by the Commissioner not to be significant.
COSTS:
The proposed amendment does not impose any compliance costs on school districts or charter schools in rural areas. It merely delegates to the Commissioner of Education the authority of the Board of Regents to approve revisions to the charters of public charter schools, with certain specified exceptions.
MINIMIZING ADVERSE IMPACT:
The proposed amendment does not impose any compliance requirements or compliance costs on school districts or charter schools in rural areas. It merely delegates to the Commissioner of Education the authority of the Board of Regents to approve revisions to the charters of public charter schools, with certain specified exceptions. Having the Board of Regents approve all revisions, including revisions that do not fundamentally affect the school's missions, organizational structure or educational program, and other such changes, is not deemed to be the most appropriate and efficacious means to address these matters, considering the scope of duties of the Board, the limited number of times that the Board meets during the year, and the time demands placed on individual Board members. It has been determined that delegation to the Commissioner of the Board's authority to approve charter revisions, with certain specified exceptions, will provide for the most efficient and expeditious means to approve and issue charter revisions.
RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from the Department's Rural Advisory Committee. Comments on the proposed amendment were also solicited from school districts through the offices of the district superintendents of each supervisory district in the State. In addition, copies of the proposed rule have been provided to charter schools for review and comment.
Job Impact Statement
The proposed amendment applies to school districts and charter schools, and will delegate to the Commissioner of Education the Board of Regents' authority pursuant to Education Law section 2852(7) to approve charter revisions, with certain specified exceptions. The proposed amendment will not have an adverse impact on jobs or employment opportunities. Because it is evident from the nature of the proposed amendment that it will have a positive impact, or no impact, on jobs or employment opportunities, no further steps were needed to ascertain those facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
