Bill Text: NY A07203 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides schools the option to operate one hundred eighty days of instruction or the equivalent number of hours of pupil instruction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A07203 Detail]

Download: New_York-2013-A07203-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7203
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 7, 2013
                                      ___________
       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Education
       AN ACT to amend the education law, in relation to the required number of
         days school is in session and providing schools the option to  operate
         one  hundred  eighty  days  of instruction or the equivalent number of
         hours of pupil instruction
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  findings. The legislature finds and declares
    2  that a number of schools nationwide have implemented a  flexible  school
    3  week schedule while still maintaining the statutorily required amount of
    4  instructional  time. This type of flexibility has resulted in savings on
    5  such items as energy, transportation and substitute teacher costs, along
    6  with better attendance, less time lost  to  extracurricular  activities,
    7  more  opportunities  for  teacher  training and appointments, and longer
    8  class periods for instructional time. Many of  the  districts  in  other
    9  states  which have already implemented flexible school schedules tend to
   10  be smaller and  rural  with  long  transportation  routes  to  and  from
   11  schools,  and  with  no  other  option to save costs other than to close
   12  schools or layoff staff. Given the fiscal crisis facing New York as well
   13  as rising fuel, energy, and transportation costs, a flexible school week
   14  schedule based on the equivalent hours of pupil  instruction  may  offer
   15  schools  operational  flexibility  without  jeopardizing  the  amount of
   16  instructional time required by law.
   17    New York state is without legal authority to  operate  less  than  one
   18  hundred  eighty  days  of  instruction without forfeiting state aid. The
   19  lack of operational  flexibility  in  school  districts,  in  particular
   20  regard  to instructional days, is a problem largely unaddressed in state
   21  statute or regulation. A well-planned alternative school  week  schedule
   22  can  be  cost-effective,  and  can  provide flexibility for those school
   23  districts in fiscal crisis, while maintaining a quality education.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08449-03-3
       A. 7203                             2
    1    Therefore, the legislature finds that enactment of this legislation is
    2  necessary and appropriate to make  certain  that  school  boards,  after
    3  thorough review and public comment, have the discretion and authority to
    4  provide  local  school  districts with operational flexibility to modify
    5  the number of instructional days per year, while maintaining the quality
    6  of  education  at the particular school or schools requesting a flexible
    7  school week schedule.
    8    S 2. Section 551 of the education law, as added by chapter 414 of  the
    9  laws of 1972, is amended to read as follows:
   10    S 551. Apportionment.  1.  In order to meet proper health, welfare and
   11  safety standards in qualifying schools for the  benefit  of  the  pupils
   12  enrolled  therein, there shall be apportioned health, welfare and safety
   13  grants by the commissioner to each  qualifying  school  for  the  school
   14  years  beginning  on and after July first, nineteen hundred seventy-one,
   15  an amount equal to the product of thirty dollars multiplied by the aver-
   16  age daily OR EQUIVALENT HOURLY attendance of pupils  receiving  instruc-
   17  tion  in such school, to be applied for costs of maintenance and repair.
   18  Such apportionment shall be increased by ten dollars multiplied  by  the
   19  average  daily  OR  EQUIVALENT  HOURLY  attendance  of  pupils receiving
   20  instruction in a school building constructed prior to  nineteen  hundred
   21  forty-seven.  In  no event shall the per pupil annual allowance computed
   22  under this section exceed fifty per centum of the average per pupil cost
   23  of equivalent maintenance and repair in the public schools of the  state
   24  on  a  state-wide  basis,  as  determined by the commissioner, and in no
   25  event shall the apportionment to a qualifying school exceed  the  amount
   26  of  expenditures  for  maintenance and repair of such school as reported
   27  pursuant to section five hundred fifty-two of this article.
   28    2. The apportionment pursuant to this section shall be reduced by  one
   29  one  hundred  eightieth  for  each day less than one hundred eighty days
   30  that such school was actually in total session in the base  year,  OR  A
   31  SCHOOL  FAILING  TO  COMPLY WITH THE EQUIVALENT NUMBER OF HOURS OF PUPIL
   32  INSTRUCTION SHALL FORFEIT FROM ITS APPORTIONMENT AN AMOUNT DETERMINED BY
   33  APPLYING A RATIO OF THE NUMBER OF HOURS THE SCHOOL WAS IN  NONCOMPLIANCE
   34  IN  RELATION TO THE REQUIRED MINIMUM EQUIVALENT NUMBER OF HOURS OF PUPIL
   35  INSTRUCTION, except that the commissioner may disregard  such  reduction
   36  up  to  five days OR THE EQUIVALENT NUMBER OF HOURS if he finds that the
   37  school was not in session for one hundred eighty days OR THE  EQUIVALENT
   38  NUMBER  OF  HOURS  OF PUPIL INSTRUCTION because of extraordinary adverse
   39  weather conditions, impairment of heating facilities,  insufficiency  of
   40  water  supply, shortage of fuel or the destruction of a school building,
   41  and if the commissioner further finds that such school  cannot  make  up
   42  such  days  OR  THE EQUIVALENT NUMBER OF HOURS of instruction during the
   43  school year. No such reduction shall be made, however, for  any  day  on
   44  which  such  school  was in session for the purpose of administering the
   45  regents examinations or the regents  scholarship  examinations,  or  any
   46  day,  not  to  exceed three days, OR THE EQUIVALENT NUMBER OF HOURS when
   47  such school was not in session  because  of  a  conference  of  teachers
   48  called by the principal of the school.
   49    S 3. Subdivision 2 of section 1704 of the education law, as amended by
   50  chapter 543 of the laws of 1971, is amended to read as follows:
   51    2.  Except  as  otherwise  provided  by  law, no board of education or
   52  community board in the city school district of  the  city  of  New  York
   53  shall  provide  for  a  school year consisting of fewer than one hundred
   54  eighty days of school  OR  THE  EQUIVALENT  NUMBER  OF  HOURS  OF  PUPIL
   55  INSTRUCTION.
       A. 7203                             3
    1    S 4. Paragraphs a and c of subdivision 2 of section 2117 of the educa-
    2  tion  law,  as  added by chapter 744 of the laws of 1952, are amended to
    3  read as follows:
    4    a.  The whole time school has been maintained in their district during
    5  the year ending on June thirtieth previous to the date of  such  report,
    6  and  stating  what  portion  of  the time such school has been taught by
    7  qualified teachers, and the whole number  of  days,  OR  THE  EQUIVALENT
    8  NUMBER  OF  HOURS OF PUPIL INSTRUCTION, including holidays, in which the
    9  school was taught by qualified teachers.
   10    c. The number of children taught in the district during such  year  by
   11  qualified teachers, and the aggregate days' OR EQUIVALENT HOURS' attend-
   12  ance of all such children.
   13    S 5. The first undesignated paragraph of section 3107 of the education
   14  law,  as  amended by chapter 784 of the laws of 1961, is amended to read
   15  as follows:
   16    In cities having a population of one million or more, employees of the
   17  board of education who are  members  of  the  New  York  city  teachers'
   18  retirement  system  shall be granted sick leave due to personal illness.
   19  Such sick leave shall be on the basis of at least ten days for each year
   20  of service, cumulative to a maximum of two hundred days.  Members  shall
   21  upon  application be granted a retirement leave of absence with full pay
   22  consisting of one-half of their accumulated unused sick leave, up  to  a
   23  maximum  of  one  school term or the equivalent number of school days OR
   24  THE EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION.
   25    S 6. Paragraph a of subdivision 4 of section 3204 of the education law
   26  is amended to read as follows:
   27    a. A full time day school or class, except  as  otherwise  prescribed,
   28  shall be in session for not less than one hundred ninety days each year,
   29  OR  THE  EQUIVALENT  NUMBER  OF HOURS OF PUPIL INSTRUCTION, inclusive of
   30  legal holidays that occur during the term of said school  and  exclusive
   31  of Saturdays.
   32    S  7.  Paragraphs  d,  k and l of subdivision 1 of section 3602 of the
   33  education law, as amended by section 11 of part B of chapter 57  of  the
   34  laws of 2007, are amended to read as follows:
   35    d.  "Average  daily attendance" shall mean the total number of attend-
   36  ance days OR THE EQUIVALENT NUMBER OF  HOURS  OF  PUPIL  INSTRUCTION  of
   37  pupils  in  a public school of a school district in kindergarten through
   38  grade twelve, or equivalent ungraded programs, plus the total number  of
   39  instruction  days OR THE EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION
   40  for such pupils receiving homebound instruction including pupils receiv-
   41  ing  instruction  through  a  two-way  telephone  communication  system,
   42  divided  by  the  number of days OR EQUIVALENT HOURS the district school
   43  was in session as provided in this section.  The  attendance  of  pupils
   44  with  disabilities  attending  under  the  provisions  of paragraph c of
   45  subdivision two of section forty-four hundred one of this chapter  shall
   46  be added to average daily OR EQUIVALENT HOURLY attendance.
   47    (1)  Equivalent attendance shall mean the quotient of the total number
   48  of student hours of instruction in programs in  a  public  school  of  a
   49  school  district  or a board of cooperative educational services leading
   50  to a high school diploma or a high school equivalency diploma as defined
   51  in regulations of the commissioner for pupils under the age  of  twenty-
   52  one not on a regular day school register of the district, divided by one
   53  thousand.  Average  daily  OR EQUIVALENT HOURLY attendance shall include
   54  the equivalent attendance of the school district. For  the  purposes  of
   55  secondary  school weighting, such equivalent attendance shall be consid-
       A. 7203                             4
    1  ered as average daily OR EQUIVALENT HOURLY attendance  in  grades  seven
    2  through twelve.
    3    (2) In computing average daily OR EQUIVALENT HOURLY attendance, school
    4  districts  may, with the commissioner's approval, exclude attendance for
    5  those days OR EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION, on  which
    6  school  attendance  was  adversely  affected  because  of an epidemic or
    7  manmade or natural disaster or  act  of  terrorism.  In  computing  such
    8  attendance, the school district shall: (i) determine the number of reli-
    9  gious  holidays  which fall on a school day IN WHICH SCHOOL IS SCHEDULED
   10  TO BE IN SESSION within a school year according  to  regulations  estab-
   11  lished  by  the  commissioner, such religious holidays to be duly recog-
   12  nized as such for purposes of this section by duly adopted resolution of
   13  the board of education; (ii) deduct the  aggregate  attendance  on  such
   14  religious  holidays from the total aggregate attendance, by grade level;
   15  (iii) deduct such religious holidays from the total number  of  days  OR
   16  EQUIVALENT  NUMBER  OF  HOURS  OF PUPIL INSTRUCTION of session, by grade
   17  level; and (iv) compute the average daily OR EQUIVALENT  HOURLY  attend-
   18  ance for the school year.
   19    k.  "Attendance ratio" shall mean the number computed to four decimals
   20  without rounding when the aggregate days OR EQUIVALENT HOURS  attendance
   21  is divided by the possible aggregate attendance of all pupils in attend-
   22  ance  in  the  district,  as  computed  for  each school district by the
   23  commissioner by June first of the year following the attendance year.
   24    l. "Average  daily  membership"  shall  mean  the  possible  aggregate
   25  attendance  of all pupils in attendance in a public school of the school
   26  district in kindergarten through grade twelve,  or  equivalent  ungraded
   27  programs,  including  possible  aggregate  attendance  for  such  pupils
   28  receiving homebound instruction, including pupils receiving  instruction
   29  through  a  two-way  telephone  communication  system, with the possible
   30  aggregate attendance of such pupils in one-half day kindergartens multi-
   31  plied by one-half, divided by the number of days OR EQUIVALENT NUMBER OF
   32  HOURS OF PUPIL  INSTRUCTION  the  district  school  was  in  session  as
   33  provided  in this section. The full time equivalent enrollment of pupils
   34  with disabilities attending under  the  provisions  of  paragraph  c  of
   35  subdivision  two of section forty-four hundred one of this chapter shall
   36  be added to average daily OR  EQUIVALENT  HOURLY  membership.    Average
   37  daily  OR  EQUIVALENT  HOURLY  membership  shall  include the equivalent
   38  attendance of the school district, as computed pursuant to  paragraph  d
   39  of  this  subdivision.  In  any  instance where a pupil is a resident of
   40  another state or an Indian pupil is a  resident  of  any  portion  of  a
   41  reservation  located  wholly  or  partly within the borders of the state
   42  pursuant to subdivision four of section forty-one hundred  one  of  this
   43  chapter  or  a pupil is living on federally owned land or property, such
   44  pupil's possible aggregate attendance shall be counted as  part  of  the
   45  possible aggregate attendance of the school district in which such pupil
   46  is enrolled.
   47    S 8. Paragraphs a and b of subdivision 2 of section 3602 of the educa-
   48  tion  law,  as amended by section 13 of part B of chapter 57 of the laws
   49  of 2007, are amended to read as follows:
   50    a. Computation of resident weighted average daily OR EQUIVALENT HOURLY
   51  attendance. For purposes of  this  section  weighted  average  daily  OR
   52  EQUIVALENT  HOURLY  attendance  of a school district for any school year
   53  shall be computed as follows:
   54    (1) Weighted average daily OR EQUIVALENT HOURLY  attendance  shall  be
   55  determined by using the average daily OR EQUIVALENT HOURLY attendance of
   56  public  school  pupils in a full-day kindergarten and grades one through
       A. 7203                             5
    1  six as the basic unit, with the attendance of such  pupils  in  one-half
    2  day  kindergartens  measured  at  one-half  of  such  basic unit and the
    3  attendance of such pupils in grades seven through twelve measured at one
    4  and  one-quarter  of  such  basic  unit.    The sum of all such units of
    5  attendance shall be the weighted  average  daily  OR  EQUIVALENT  HOURLY
    6  attendance.
    7    (2) In computing such attendance, the school district shall (i) deter-
    8  mine  the  number  of  religious  holidays which fall on a school day IN
    9  WHICH SCHOOL IS SCHEDULED TO BE IN SESSION within a school year  accord-
   10  ing to regulations established by the commissioner, such religious holi-
   11  days  to be duly recognized as such for purposes of this section by duly
   12  adopted resolution of the board of education; (ii) deduct the  aggregate
   13  attendance  on  such religious holidays from the total aggregate attend-
   14  ance, by grade level; (iii) deduct  such  religious  holidays  from  the
   15  total  number of days OR EQUIVALENT NUMBER OF HOURS of session, by grade
   16  level; (iv) compute the weighted  average  daily  OR  EQUIVALENT  HOURLY
   17  attendance for the school year.
   18    (3) In any instance where a pupil is a resident of another state or an
   19  Indian pupil is a resident of any portion of a reservation located whol-
   20  ly  or  partly  within  the borders of the state pursuant to subdivision
   21  four of section forty-one hundred one of this  chapter  or  a  pupil  is
   22  living  on  federally  owned  land  or property, such pupil's attendance
   23  shall be counted as part of the weighted  average  daily  OR  EQUIVALENT
   24  HOURLY  attendance  of  the  school  district  in  which  such  pupil is
   25  enrolled.
   26    (4) Resident weighted average daily OR  EQUIVALENT  HOURLY  attendance
   27  for  purposes  of determining the aid ratio of a school district for any
   28  school year shall be the weighted average  daily  OR  EQUIVALENT  HOURLY
   29  attendance for the school year immediately preceding the base year, less
   30  the  weighted  average daily OR EQUIVALENT HOURLY attendance of nonresi-
   31  dent pupils attending public schools in the  district  for  such  school
   32  year, plus the weighted average daily OR EQUIVALENT HOURLY attendance of
   33  pupils  resident in the district but attending public schools in another
   34  district or state plus the weighted average daily OR  EQUIVALENT  HOURLY
   35  attendance  of pupils resident in the district but attending full-time a
   36  school operated by a board of  cooperative  educational  services  or  a
   37  county  vocational  education  and extension board for such school year.
   38  The attendance of nonresident pupils  attending  public  school  in  the
   39  district  and  resident  pupils  attending  such  schools outside of the
   40  district shall be determined by applying to the number  of  such  pupils
   41  registered  during  the  school year in each case the ratio of aggregate
   42  days OR EQUIVALENT HOURS attendance to the possible  aggregate  days  OR
   43  EQUIVALENT HOURS attendance of all pupils in attendance in the district.
   44  Indian pupils of a reservation attending public school, or pupils living
   45  on the United States military reservation at West Point attending public
   46  school,  shall be deemed to be resident pupils of the district providing
   47  such school, for purposes of this paragraph. Where a school district has
   48  entered into a contract with the state university pursuant  to  subdivi-
   49  sion two of section three hundred fifty-five of this chapter under which
   50  the  school  district  makes  payments  in the nature of tuition for the
   51  education of certain children residing in the  district,  such  children
   52  for  whom  such tuition payments are made shall be deemed to be resident
   53  pupils of such district for the purposes of this paragraph.
   54    (5) In determining the resident weighted average daily  OR  EQUIVALENT
   55  HOURLY  attendance  of  a  component  school  district of a central high
   56  school district for computing the aid ratio the weighted  average  daily
       A. 7203                             6
    1  OR  EQUIVALENT  HOURLY attendance of high school pupils residing in such
    2  component district and  attending  the  central  high  school  shall  be
    3  included.  The  resident  weighted  average  daily  OR EQUIVALENT HOURLY
    4  attendance  of a central high school district itself shall be the sum of
    5  the resident weighted average daily OR EQUIVALENT HOURLY  attendance  of
    6  each  component  school  district  computed  as  provided  in  the first
    7  sentence of this paragraph.
    8    (6) Notwithstanding the provisions of subparagraphs four and  five  of
    9  this  paragraph,  when a school district shall experience an increase in
   10  resident weighted average daily OR EQUIVALENT HOURLY  attendance  during
   11  the  current year because of the closing in whole, or in part, of a non-
   12  public school or a campus school, or a school previously operated by the
   13  United States government on the United States  military  reservation  at
   14  West  Point,  the  commissioner,  in  computing  any  aid  ratio of such
   15  district, shall permit the use  of  such  additional  resident  weighted
   16  average  daily  OR  EQUIVALENT  HOURLY attendance for aid ratio purposes
   17  during the current year and the next succeeding year, provided that such
   18  additional resident weighted average daily OR EQUIVALENT HOURLY  attend-
   19  ance  attributable  to such closing, or part thereof, shall be in excess
   20  of one hundred students; provided, however,  that  such  district  which
   21  qualifies  for an increase in total wealth pupil units pursuant to para-
   22  graph f of this subdivision, shall use the increase in resident weighted
   23  average daily OR EQUIVALENT HOURLY attendance, even if such increase  in
   24  resident  weighted average daily OR EQUIVALENT HOURLY attendance is less
   25  than one hundred.
   26    b. Computation of adjusted average daily OR EQUIVALENT HOURLY  attend-
   27  ance.  For purposes of this section adjusted average daily OR EQUIVALENT
   28  HOURLY attendance of a school district for  any  school  year  shall  be
   29  computed as follows:
   30    (1)  Adjusted  average  daily OR EQUIVALENT HOURLY attendance shall be
   31  determined by using the average daily OR EQUIVALENT HOURLY attendance of
   32  public school pupils in a full-day kindergarten and grades  one  through
   33  twelve as the basic unit, with the attendance of such pupils in one-half
   34  day  kindergartens  measured  at one-half of such basic unit. The sum of
   35  all such units of attendance shall be  the  adjusted  average  daily  OR
   36  EQUIVALENT HOURLY attendance.
   37    (2) In computing such attendance, the school district shall (i) deter-
   38  mine  the  number  of  religious  holidays which fall on a school day IN
   39  WHICH SCHOOL IS SCHEDULED TO BE IN SESSION within a school year  accord-
   40  ing to regulations established by the commissioner, such religious holi-
   41  days  to be duly recognized as such for purposes of this section by duly
   42  adopted resolution of the board of education; (ii) deduct the  aggregate
   43  attendance  on  such religious holidays from the total aggregate attend-
   44  ance, by grade level; (iii) deduct  such  religious  holidays  from  the
   45  total  number of days OR EQUIVALENT NUMBER OF HOURS of session, by grade
   46  level; (iv) compute the adjusted  average  daily  OR  EQUIVALENT  HOURLY
   47  attendance for the school year.
   48    (3) In any instance where a pupil is a resident of another state or an
   49  Indian pupil is a resident of any portion of a reservation located whol-
   50  ly  or  partly  within  the borders of the state pursuant to subdivision
   51  four of section forty-one hundred one of this  chapter  or  a  pupil  is
   52  living  on  federally  owned  land  or property, such pupil's attendance
   53  shall be counted as part of the adjusted average daily attendance of the
   54  school district in which such pupil is enrolled.
       A. 7203                             7
    1    S 9. Paragraph e of subdivision 1 of section 3602-c of  the  education
    2  law,  as  amended by chapter 740 of the laws of 1982, is amended to read
    3  as follows:
    4    e.  "Average  daily attendance" shall mean the total number of attend-
    5  ance days OR THE EQUIVALENT NUMBER OF HOURS of pupils receiving services
    6  divided by the number of days OR EQUIVALENT HOURS the public school  was
    7  in  session  for each attendance period. For each such attendance period
    8  the total number of attendance days OR EQUIVALENT NUMBER  OF  HOURS  for
    9  each such pupil shall be determined by multiplying the number of days OR
   10  EQUIVALENT HOURS on which each such pupil was in attendance by the ratio
   11  obtained  by  dividing the number of class periods of each such pupil by
   12  the total number of class periods, not to exceed five, operated  by  the
   13  public  school during the school day. Only pupils residing in this state
   14  shall be included in such computation.
   15    S 10.  Paragraph m of subdivision 12 and  subdivision  16  of  section
   16  3602-e of the education law, paragraph m of subdivision 12 as amended by
   17  section  19  of part B of chapter 57 of the laws of 2007 and subdivision
   18  16 as amended by section 68 of Part A of chapter 57 of the laws of 2013,
   19  are amended to read as follows:
   20    m. a process for the  waiver  of  the  time  requirements  established
   21  pursuant  to  this  subdivision in order to authorize the operation of a
   22  summer universal prekindergarten program limited to the months  of  July
   23  and  August, upon a finding by the commissioner that the school district
   24  is unable to operate the  program  during  the  regular  school  session
   25  because  of  a  lack  of  available space pursuant to regulations of the
   26  commissioner. Notwithstanding any other provision of this section to the
   27  contrary, such process shall provide for a  reduction  of  the  aid  per
   28  prekindergarten  pupil payable for pupils served pursuant to such waiver
   29  by one one-hundred eightieth of the aid per prekindergarten pupil deter-
   30  mined pursuant to paragraph a of subdivision ten [or subparagraph (i) of
   31  paragraph b of subdivision ten-a] of this section for each day OR EQUIV-
   32  ALENT HOUR less than one hundred eighty days OR THE EQUIVALENT NUMBER OF
   33  HOURS that the summer program is in session.
   34    16. The grant payable to a school district pursuant to this section in
   35  the current year shall be reduced by one one-hundred eightieth for  each
   36  day less than one hundred eighty days that the universal prekindergarten
   37  classes  of the district were actually in session, OR A DISTRICT FAILING
   38  TO COMPLY WITH THE EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION SHALL
   39  FORFEIT FROM ITS TOTAL STATE AID  ALLOCATION  AN  AMOUNT  DETERMINED  BY
   40  APPLYING  A  RATIO OF THE NUMBER OF HOURS THE DISTRICT WAS IN NONCOMPLI-
   41  ANCE IN RELATION TO THE REQUIRED MINIMUM EQUIVALENT NUMBER OF  HOURS  OF
   42  PUPIL  INSTRUCTION,  except  that  the  commissioner  may disregard such
   43  reduction for any deficiency that may be disregarded in computing  total
   44  foundation  aid  pursuant to subdivision seven or eight of section thir-
   45  ty-six hundred four of this [chapter] PART and in addition may disregard
   46  a reduction for any deficiency that is caused by a delay in the  opening
   47  of  public  school classes due to extraordinarily adverse weather condi-
   48  tions or other cause cited in such subdivision seven of section  thirty-
   49  six  hundred  four  that  results in cancellation of the prekindergarten
   50  program or of transportation to such program.
   51    S 11. Subdivisions 7 and 8 of  section  3604  of  the  education  law,
   52  subdivision  7  as  amended by section 31 of part B of chapter 57 of the
   53  laws of 2007 and subdivision 8 as amended by chapter 260 of the laws  of
   54  2012,  are  amended and five new subdivisions 7-c, 7-d, 7-e, 7-f and 7-g
   55  are added to read as follows:
       A. 7203                             8
    1    7. No district shall be entitled to any portion of such school  moneys
    2  on  such  apportionment  unless  the  report of the trustees or board of
    3  education for the preceding school  year  shall  show  that  the  public
    4  schools  were actually in session in the district and taught by a quali-
    5  fied  teacher or by successive qualified teachers or by qualified teach-
    6  ers for not less than one hundred eighty days OR THE  EQUIVALENT  NUMBER
    7  OF  HOURS OF PUPIL INSTRUCTION.  The moneys payable to a school district
    8  pursuant to section thirty-six hundred nine-a of this [chapter] PART  in
    9  the  current  year  shall be reduced by one one-hundred eightieth of the
   10  district's total foundation aid for  each  day  less  than  one  hundred
   11  eighty  days  that the schools of the district were actually in session,
   12  OR A DISTRICT FAILING TO COMPLY WITH THE EQUIVALENT NUMBER OF  HOURS  OF
   13  PUPIL  INSTRUCTION  SHALL FORFEIT FROM ITS TOTAL STATE AID ALLOCATION AN
   14  AMOUNT DETERMINED BY APPLYING  A  RATIO  OF  THE  NUMBER  OF  HOURS  THE
   15  DISTRICT WAS IN NONCOMPLIANCE IN RELATION TO THE REQUIRED MINIMUM EQUIV-
   16  ALENT NUMBER OF HOURS OF PUPIL INSTRUCTION, except that the commissioner
   17  may  disregard such reduction, up to five days, OR THE EQUIVALENT NUMBER
   18  OF HOURS in the apportionment of public money,  if  he  finds  that  the
   19  schools  of the district were not in session for one hundred eighty days
   20  OR THE EQUIVALENT NUMBER OF HOURS  because  of  extraordinarily  adverse
   21  weather  conditions,  impairment of heating facilities, insufficiency of
   22  water supply, shortage of fuel, lack of electricity, natural  gas  leak-
   23  age, unacceptable levels of chemical substances, or the destruction of a
   24  school building either in whole or in part, and if, further, the commis-
   25  sioner  finds  that such district cannot make up such days OR EQUIVALENT
   26  HOURS of instruction by using for the  secondary  grades  all  scheduled
   27  vacation  days which occur prior to the first scheduled regents examina-
   28  tion day in June, and for the elementary grades all  scheduled  vacation
   29  days  which occur prior to the last scheduled regents examination day in
   30  June. For the purposes of this subdivision,  "scheduled  vacation  days"
   31  shall  mean days on which the schools of the district are not in session
   32  and for which no prohibition exists in subdivision eight of this section
   33  for them to be in session.
   34    7-C. FOR THE PURPOSES OF THIS SECTION, "ONE HUNDRED EIGHTY DAYS" MEANS
   35  ONE HUNDRED EIGHTY DAYS OF INSTRUCTION OR THE EQUIVALENT NUMBER OF HOURS
   36  OF PUPIL INSTRUCTION PER SCHOOL YEAR BASED ON A DIFFERENT NUMBER OF DAYS
   37  OF INSTRUCTION APPROVED BY THE SCHOOL DISTRICT GOVERNING BOARD OR  CHAR-
   38  TER SCHOOL GOVERNING BODY.
   39    7-D.  THE LOCAL SCHOOL BOARD, IN ITS DISCRETION, MAY AUTHORIZE SOME OR
   40  ALL OF ITS SCHOOLS TO MODIFY THE NUMBER OF INSTRUCTIONAL DAYS  PER  YEAR
   41  AFTER  THOROUGH  REVIEW  AND PUBLIC COMMENT.  BEFORE AUTHORIZING SOME OR
   42  ALL OF ITS SCHOOLS TO MODIFY THE NUMBER OF INSTRUCTIONAL DAYS PER  YEAR,
   43  THE  SCHOOL  BOARD, SHALL WITHIN ITS REVIEW, INCLUDE, BUT NOT BE LIMITED
   44  TO, CONSIDERATION OF THE FOLLOWING:
   45    A. HOW THE SCHOOL OR SCHOOLS WILL MAINTAIN A QUALITY EDUCATION;
   46    B. THE REASON FOR THE REQUEST;
   47    C. THE EDUCATIONAL BENEFIT TO PUPILS;
   48    D. WAYS TO NEGOTIATE THE CHANGES WITH THE COLLECTIVE  BARGAINING  UNIT
   49  REPRESENTING THE EMPLOYEES AFFECTED BY THE CHANGES;
   50    E. INPUT FROM EMPLOYEES AFFECTED BY THE CHANGES BUT NOT REPRESENTED BY
   51  A COLLECTIVE BARGAINING AGREEMENT;
   52    F.  THE IMPACT OF AN ALTERNATIVE SCHOOL WEEK SCHEDULE ON PRIMARY GRADE
   53  PUPILS; AND
   54    G. THE IMPACT OF  AN  ALTERNATIVE  SCHOOL  WEEK  SCHEDULE  ON  WORKING
   55  PARENTS WHO MAY BE REQUIRED TO FIND CHILD CARE SERVICES FOR THEIR SCHOOL
   56  AGE CHILDREN DUE TO THE SHORTENED SCHOOL WEEK.
       A. 7203                             9
    1    7-E.  AFTER REVIEW, BUT NOT LIMITED TO THE CONSIDERATIONS SET FORTH IN
    2  SUBDIVISION SEVEN-D OF THIS SECTION, A SCHOOL  BOARD  SHALL  CONDUCT  AT
    3  LEAST  ONE  PUBLIC  HEARING,  TO  GATHER PUBLIC INPUT, AND TO PROVIDE AT
    4  LEAST THIRTY DAYS NOTICE TO THE PUBLIC  PRIOR  TO  SUCH  HEARING.    THE
    5  SCHOOL  BOARD  MAY  AUTHORIZE  SOME  OR ALL OF ITS SCHOOLS TO MODIFY THE
    6  NUMBER OF INSTRUCTIONAL DAYS PER YEAR PROVIDED THE TOTAL NUMBER OF HOURS
    7  OF INSTRUCTION PER YEAR IS NO LESS THAN THE MINIMUM NUMBER  OF  INSTRUC-
    8  TIONAL  HOURS PER YEAR ESTABLISHED BY THE COMMISSIONER'S REGULATIONS FOR
    9  THAT PARTICULAR GROUP OF PUPILS.   SUBJECT TO  A  POLICY  DEVELOPED  AND
   10  ADOPTED BY THE BOARD OF ANY SCHOOL DISTRICT, THE BOARD MAY PROVIDE FOR A
   11  SCHOOL TERM CONSISTING OF SCHOOL HOURS.
   12    7-F.  A  DISTRICT FAILING TO COMPLY WITH THE REQUIRED MINIMUM HOURS OF
   13  PUPIL INSTRUCTION PER YEAR AS ESTABLISHED BY  THE  COMMISSIONER'S  REGU-
   14  LATIONS,  SHALL  FORFEIT  FROM  ITS TOTAL STATE AID ALLOCATION AN AMOUNT
   15  DETERMINED BY APPLYING A RATIO OF THE NUMBER OF HOURS THE  DISTRICT  WAS
   16  IN  NONCOMPLIANCE IN RELATION TO THE REQUIRED MINIMUM NUMBER OF HOURS AS
   17  ESTABLISHED BY THE COMMISSIONER.  NOT LATER THAN AUGUST FIRST, THE BOARD
   18  OF EACH DISTRICT SHALL CERTIFY TO THE DEPARTMENT THE NUMBER OF HOURS  OF
   19  PUPIL  INSTRUCTION  IN THE PREVIOUS SCHOOL YEAR. IF THE DISTRICT DID NOT
   20  PROVIDE AT LEAST THE REQUIRED MINIMUM NUMBER OF HOURS OF PUPIL  INSTRUC-
   21  TION  AS  ESTABLISHED  BY  THE  COMMISSIONER, THE DEDUCTION OF STATE AID
   22  SHALL BE MADE IN THE FOLLOWING FISCAL YEAR FROM  THE  FIRST  PAYMENT  OF
   23  STATE SCHOOL AID.
   24    7-G.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS ESTABLISHING THE
   25  MINIMUM NUMBER OF HOURS OF PUPIL INSTRUCTION PER YEAR.
   26    8. No school shall be in session on a Saturday  or  a  legal  holiday,
   27  except  general election day, Washington's birthday and Lincoln's birth-
   28  day, and except that driver education classes  may  be  conducted  on  a
   29  Saturday.  A deficiency not exceeding four days OR THE EQUIVALENT NUMBER
   30  OF HOURS during any school year  caused  by  teachers'  attendance  upon
   31  conferences  held by superintendents of schools of city school districts
   32  or other school districts employing superintendents of schools shall  be
   33  excused  by the commissioner, notwithstanding any provision of law, rule
   34  or regulation to the contrary, a school district may elect  to  schedule
   35  such  conference  days OR THE EQUIVALENT NUMBER OF HOURS in the last two
   36  weeks of August, subject to collective bargaining requirements  pursuant
   37  to  article  fourteen  of  the  civil  service law, and such days OR THE
   38  EQUIVALENT NUMBER OF HOURS shall be counted  towards  the  required  one
   39  hundred  eighty  days of session, provided however, that such scheduling
   40  shall not alter the obligation of the school district to provide  trans-
   41  portation  to students in non-public elementary and secondary schools or
   42  charter schools. The commissioner shall excuse a deficiency not  exceed-
   43  ing  four days OR THE EQUIVALENT NUMBER OF HOURS during such school year
   44  caused by teachers' attendance upon conferences held by such superinten-
   45  dents, provided that at least two such conference days OR THE EQUIVALENT
   46  NUMBER OF HOURS during such school year  shall  be  dedicated  to  staff
   47  attendance  upon  conferences  providing  staff  development relating to
   48  implementation of the new high learning standards  and  assessments,  as
   49  adopted  by the board of regents. Notwithstanding any other provision of
   50  law, rule or regulation to the contrary, school districts may  elect  to
   51  use  one  or  more  of  such allowable conference days OR THE EQUIVALENT
   52  NUMBER OF HOURS in units of not less than one hour each to provide staff
   53  development activities relating to implementation of the new high learn-
   54  ing standards and assessments.  A  district  making  such  election  may
   55  provide  such  staff development during the regularly scheduled daily OR
   56  EQUIVALENT HOURLY session and apply such units to satisfy  a  deficiency
       A. 7203                            10
    1  in  the  length  of  one  or more daily OR EQUIVALENT HOURLY sessions of
    2  instruction for pupils as specified in regulations of the  commissioner.
    3  The  commissioner  shall  assure that such conference days OR THE EQUIV-
    4  ALENT NUMBER OF HOURS include appropriate school violence prevention and
    5  intervention  training,  and  may require that up to one such conference
    6  day OR THE EQUIVALENT NUMBER OF HOURS be dedicated for such purpose.
    7    S 12. Subdivision 2-a of section 3635 of the education law, as amended
    8  by chapter 424 of the laws of 2005, is amended to read as follows:
    9    2-a. The superintendent of each city school district, in a city having
   10  a population in excess of one million, shall  prepare  a  public  school
   11  calendar and shall notify officials of nonpublic schools to which trans-
   12  portation  has  been  requested  not later than the first day of June in
   13  each year, of the days on which the public schools [will] ARE  SCHEDULED
   14  TO  be  in  session  in  the following school year. Such school district
   15  which provides transportation to nonpublic schools  shall  provide  such
   16  transportation  for  the  same  number of days as the public schools are
   17  open but shall not provide transportation services  for  more  than  one
   18  hundred eighty days.  Officials of each nonpublic school to which trans-
   19  portation is provided by a city school district of a city having a popu-
   20  lation in excess of one million may notify such district, not later than
   21  the  first  day  of July of each school year, of a maximum of five days,
   22  exclusive of Saturdays, Sundays or  legal  holidays  upon  which  public
   23  schools are required to be closed, on which the public schools are sche-
   24  duled  to  be closed, except that in any year in which the first or last
   25  day of Passover and Easter Sunday are separated by more than seven days,
   26  such officials may notify the district of a maximum  of  ten  days,  but
   27  such  school  district will be required to provide for transportation to
   28  such nonpublic school provided that such five or  ten  additional  days,
   29  whichever  is  applicable,  are  limited  to the following: the Tuesday,
   30  Wednesday, Thursday and Friday  after  Labor  Day,  Rosh  Hashanah,  Yom
   31  Kippur,  the  week in which public schools are closed for spring recess,
   32  December twenty-fourth and the week between Christmas day and New Year's
   33  day, the Tuesday, Wednesday, Thursday and Friday after the observance of
   34  Washington's birthday, and, in the boroughs of Brooklyn and Queens only,
   35  Anniversary Day as designated in section twenty-five hundred  eighty-six
   36  of this chapter.
   37    S  13. This act shall take effect on the first of July next succeeding
   38  the date on which it shall have become a law.
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