Should the Panel for Education Policy (PEP) be given final approval over whether charter schools can be sited in buildings with existing schools? I thought that was the intention of the state legislators who passed the law to renew mayoral control in August, but apparently the Department of Education has a different interpretation.

The new mayoral control law tries to increase public input in the system. One change mandates that the DOE post proposed Chancellor’s Regulations for a 45-day public comment period and that the PEP vote on regulations at a public meeting.

On Sept. 26, the DOE issued several proposed regulations; among them is A-190, Significant Changes in School Utilization. Changes in school utilization include decisions to phase out schools, change their location, or move other schools into the building. A-190 seeks to restrict changes considered “significant” and subject to a PEP vote at a public meeting.

A-190 defines the term “affected school” as “the individual instructional organization identified for direct action in the proposal.” It explicitly excludes other schools and programs co-located in that school building.<!--more-->

Yet existing schools “co-located” in a building where a new school is opening are often significantly affected and the placement of charter schools has been the most controversial issue in school building utilization over the past few years. In fact, last spring, the DOE was subject to lawsuits tied to the DOE’s non-transparent process for giving classroom space to charter schools in currently occupied school buildings.

The PEP will vote on A-190 and several other newly proposed or amended Chancellor’s Regulations at its Nov. 12 public meeting, which will be held at PS 128in Queens. Unfortunately, the newly mandated process for responding to public comment on new regulations, or amending regulations in response to public comment, is unclear.

It seems that the first draft is destined to be voted on, unlike federal government processes where proposed regulations are revised into final regulations that incorporate public input.

This topic will take on increased significance if Mayor Bloomberg gets his way and more charter schools are opened. Yesterday he called for a lifting of of the cap on charter schools.