ALBANY – An appellate panel yesterday upheld a determination of the State Education Commissioner to revoke a variance that had allowed 28 alternative public schools, mostly in New York City, to substitute their own self-styled student assessments for the New York State Regents examinations.
The decision means that a consortium of schools, unless they can persuade the Court of Appeals to take the case and overturn the Appellate Division, will have to rely on a pupil assessment protocol that they claim is less accurate than the one they had been using. Yesterday’s ruling is a strong affirmation of the authority of the Education Commissioner.
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