Bill Text: NY A09101 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases the required number of instructional days in a school year to two hundred.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-07 - referred to education [A09101 Detail]

Download: New_York-2023-A09101-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9101

                   IN ASSEMBLY

                                    February 7, 2024
                                       ___________

        Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education law and the retirement and social security
          law,  in  relation  to increasing the required number of instructional
          days in a school year to two hundred

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 551 of the education law, as added by chapter 414
     2  of the laws of 1972, is amended to read as follows:
     3    § 551. Apportionment. 1. In order to meet proper health,  welfare  and
     4  safety  standards  in  qualifying  schools for the benefit of the pupils
     5  enrolled therein, there shall be apportioned health, welfare and  safety
     6  grants  by  the  commissioner  to  each qualifying school for the school
     7  years beginning on and after July first, nineteen  hundred  seventy-one,
     8  an amount equal to the product of thirty dollars multiplied by the aver-
     9  age  daily attendance of pupils receiving instruction in such school, to
    10  be applied for costs of maintenance and repair. Such apportionment shall
    11  be increased by ten dollars multiplied by the average  daily  attendance
    12  of  pupils  receiving instruction in a school building constructed prior
    13  to nineteen hundred forty-seven. In no event shall the per pupil  annual
    14  allowance  computed  under  this  section exceed fifty per centum of the
    15  average per pupil cost of  equivalent  maintenance  and  repair  in  the
    16  public  schools of the state on a state-wide basis, as determined by the
    17  commissioner, and in no event shall the apportionment  to  a  qualifying
    18  school  exceed  the amount of expenditures for maintenance and repair of
    19  such school as reported pursuant to section five  hundred  fifty-two  of
    20  this article.
    21    2.  The apportionment pursuant to this section shall be reduced by one
    22  [one hundred eightieth] two  hundredth  for  each  day  less  than  [one
    23  hundred  eighty] two hundred days that such school was actually in total
    24  session in the base year, except that  the  commissioner  may  disregard
    25  such  reduction  up  to five days if he finds that the school was not in
    26  session for [one hundred eighty] two hundred days  because  of  extraor-
    27  dinary  adverse  weather  conditions,  impairment of heating facilities,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13099-02-3
        A. 9101                             2

     1  insufficiency of water supply, shortage of fuel or the destruction of  a
     2  school  building, and if the commissioner further finds that such school
     3  cannot make up such days of instruction during the school year. No  such
     4  reduction  shall  be made, however, for any day on which such school was
     5  in session for the purpose of administering the regents examinations  or
     6  the  regents  scholarship  examinations, or any day, not to exceed three
     7  days, when such school was not in session because  of  a  conference  of
     8  teachers called by the principal of the school.
     9    § 2. Subdivision 2 of section 1704 of the education law, as amended by
    10  chapter 543 of the laws of 1971, is amended to read as follows:
    11    2.  Except  as  otherwise  provided  by  law, no board of education or
    12  community board in the city school district of  the  city  of  New  York
    13  shall  provide  for  a school year consisting of fewer than [one hundred
    14  eighty] two hundred days of school.
    15    § 3. Paragraph a of subdivision 4 of section  3204  of  the  education
    16  law,  as  amended  by  section  7 of part A of chapter 56 of the laws of
    17  2022, is amended to read as follows:
    18    a. A full time day school or class, except  as  otherwise  prescribed,
    19  shall  be  in session for not less than [one hundred eighty] two hundred
    20  days each year, exclusive of legal holidays that occur during  the  term
    21  of said school and exclusive of Saturdays.
    22    §  4.  Paragraph  m  of  subdivision  12 and subdivision 16 of section
    23  3602-e of the education law, paragraph m of subdivision 12 as amended by
    24  section 19 of part B of chapter 57 of the laws of 2007  and  subdivision
    25  16 as amended by section 18 of part A of chapter 57 of the laws of 2013,
    26  are amended to read as follows:
    27    m.  a  process  for  the  waiver  of the time requirements established
    28  pursuant to this subdivision in order to authorize the  operation  of  a
    29  summer  universal  prekindergarten program limited to the months of July
    30  and August, upon a finding by the commissioner that the school  district
    31  is  unable  to  operate  the  program  during the regular school session
    32  because of a lack of available space  pursuant  to  regulations  of  the
    33  commissioner. Notwithstanding any other provision of this section to the
    34  contrary,  such  process  shall  provide  for a reduction of the aid per
    35  prekindergarten pupil payable for pupils served pursuant to such  waiver
    36  by  one  [one-hundred eightieth] two hundredth of the aid per prekinder-
    37  garten pupil determined pursuant to paragraph a of subdivision  ten  [or
    38  subparagraph  (i)  of  paragraph b of subdivision ten-a] of this section
    39  for each day less than [one hundred eighty] two hundred  days  that  the
    40  summer program is in session.
    41    16. The grant payable to a school district pursuant to this section in
    42  the  current  year  shall  be reduced by [one one-hundred eightieth] two
    43  hundredth for each day less than [one hundred eighty] two  hundred  days
    44  that the universal prekindergarten classes of the district were actually
    45  in  session,  except  that the commissioner may disregard such reduction
    46  for any deficiency that may be disregarded in computing total foundation
    47  aid pursuant to subdivision seven or eight of section thirty-six hundred
    48  four of this [chapter] part and in addition may  disregard  a  reduction
    49  for  any  deficiency  that is caused by a delay in the opening of public
    50  school classes due to  extraordinarily  adverse  weather  conditions  or
    51  other  cause  cited  in  such  subdivision  seven  of section thirty-six
    52  hundred four that results in cancellation of the prekindergarten program
    53  or of transportation to such program.
    54    § 5. Subdivisions 7 and 8 of section 3604 of the education law, subdi-
    55  vision 7 as amended by chapter 107 of the laws of 2020 and subdivision 8
        A. 9101                             3

     1  as amended by chapter 359 of the laws of 2023, are amended  to  read  as
     2  follows:
     3    7.  No district shall be entitled to any portion of such school moneys
     4  on such apportionment unless the report of  the  trustees  or  board  of
     5  education  for  the  preceding  school  year  shall show that the public
     6  schools were actually in session in the district and taught by a  quali-
     7  fied  teacher or by successive qualified teachers or by qualified teach-
     8  ers for not less than [one hundred eighty] two hundred days. The  moneys
     9  payable  to  a  school  district  pursuant to section thirty-six hundred
    10  nine-a of this part in the current year shall be reduced  by  one  [one-
    11  hundred  eightieth] two hundredth of the district's total foundation aid
    12  for the base year for each  day  less  than  [one  hundred  eighty]  two
    13  hundred  days that the schools of the district were actually in session,
    14  except that the commissioner may disregard such reduction in the  appor-
    15  tionment  of  public money: (i) for any day or days on which session had
    16  been previously scheduled but the superintendent was required  to  close
    17  the  school or schools due to a properly executed declaration of a state
    18  or local state of emergency pursuant to article two-B of  the  executive
    19  law;  or (ii) for up to five days if he or she finds that the schools of
    20  the district were not in session for [one hundred  eighty]  two  hundred
    21  days  because  of extraordinarily adverse weather conditions, impairment
    22  of heating facilities, insufficiency of water supply, shortage of  fuel,
    23  lack  of electricity, natural gas leakage, unacceptable levels of chemi-
    24  cal substances, a credible threat to student safety as reasonably deter-
    25  mined by a lead school official or the destruction of a school  building
    26  either in whole or in part, and if, further, the commissioner finds that
    27  such  district  cannot make up such days of instruction by using for the
    28  secondary grades all scheduled vacation days which occur  prior  to  the
    29  first  scheduled regents examination day in June, and for the elementary
    30  grades all scheduled vacation days which occur prior to the last  sched-
    31  uled  regents  examination  day in June; or (iii) for any day or days in
    32  the two thousand nineteen -- two thousand twenty school  year  on  which
    33  session  had  been  previously  scheduled but the chancellor of the city
    34  school district of the city of New  York  or  the  superintendent  of  a
    35  district  closed  the  school  or  schools due to a determination by the
    36  chancellor or superintendent that it was in the best interest of  public
    37  health  or  safety of the school district to close the school or schools
    38  in response to the novel coronavirus, COVID-19. For the purposes of this
    39  subdivision, "scheduled vacation days" shall  mean  days  on  which  the
    40  schools  of the district are not in session and for which no prohibition
    41  exists in subdivision eight of this section for them to be in session.
    42    8. No school shall be in session on a Saturday, the first day  of  the
    43  second  lunar  month after the winter solstice in the preceding calendar
    44  year known as Asian Lunar New Year, or a legal holiday,  except  general
    45  election  day,  Washington's birthday and Lincoln's birthday, and except
    46  that driver education classes may be conducted on a  Saturday.  A  defi-
    47  ciency  not  exceeding four days during any school year caused by teach-
    48  ers' attendance upon conferences held by superintendents of  schools  of
    49  city  school  districts  or other school districts employing superinten-
    50  dents of schools shall be excused by the  commissioner,  notwithstanding
    51  any  provision  of  law,  rule  or  regulation to the contrary, a school
    52  district may elect to schedule such conference days in the [last]  first
    53  two  weeks  of  August,  subject  to  collective bargaining requirements
    54  pursuant to article fourteen of the civil service  law,  and  such  days
    55  shall  be  counted towards the required [one hundred eighty] two hundred
    56  days of session, provided however, that such scheduling shall not  alter
        A. 9101                             4

     1  the  obligation  of  the  school  district  to provide transportation to
     2  students in non-public  elementary  and  secondary  schools  or  charter
     3  schools. At least two such conference days during such school year shall
     4  be dedicated to staff attendance upon conferences providing staff devel-
     5  opment relating to implementation of the new high learning standards and
     6  assessments,  as  adopted  by the board of regents.  Notwithstanding any
     7  other provision of law, rule  or  regulation  to  the  contrary,  school
     8  districts may elect to use one or more of such allowable conference days
     9  in  units  of  not  less than one hour each to provide staff development
    10  activities relating to implementation of the new high learning standards
    11  and assessments. A district making such election may provide such  staff
    12  development  on any day during which sessions are allowed and apply such
    13  units to satisfy a deficiency  in  the  length  of  one  or  more  daily
    14  sessions  of  instruction  for pupils as specified in regulations of the
    15  commissioner. The commissioner shall assure that  such  conference  days
    16  include  appropriate  school violence prevention and intervention train-
    17  ing, and may require that up to one such conference day be dedicated for
    18  such purpose.
    19    § 6. Subdivision 2-a of section 3635 of the education law, as  amended
    20  by chapter 359 of the laws of 2023, is amended to read as follows:
    21    2-a. The superintendent of each city school district, in a city having
    22  a  population  in  excess  of one million, shall prepare a public school
    23  calendar and shall notify officials of nonpublic schools to which trans-
    24  portation has been requested not later than the first  day  of  June  in
    25  each year, of the days on which the public schools will be in session in
    26  the following school year. Such school district which provides transpor-
    27  tation  to  nonpublic  schools shall provide such transportation for the
    28  same number of days as the public schools are open but shall not provide
    29  transportation services for more than [one hundred eighty]  two  hundred
    30  days.    Officials  of  each nonpublic school to which transportation is
    31  provided by a city school district of a  city  having  a  population  in
    32  excess of one million may notify such district, not later than the first
    33  day of July of each school year, of a maximum of five days, exclusive of
    34  Saturdays,  Sundays  or  legal  holidays  upon  which public schools are
    35  required to be closed, on which the public schools are scheduled  to  be
    36  closed,  except that in any year in which the first or last day of Pass-
    37  over and Easter Sunday are separated by more than seven days, such offi-
    38  cials may notify the district of a maximum of ten days, but such  school
    39  district  will be required to provide for transportation to such nonpub-
    40  lic school provided that such five or ten additional days, whichever  is
    41  applicable, are limited to the following: the Tuesday, Wednesday, Thurs-
    42  day  and  Friday after Labor Day, Rosh Hashanah, Yom Kippur, the week in
    43  which public schools are closed  for  spring  recess,  December  twenty-
    44  fourth  and the week between Christmas day and New Year's day, the Tues-
    45  day, Wednesday, Thursday and Friday after the observance of Washington's
    46  birthday, the first day of the second lunar month after the winter sols-
    47  tice in the preceding calendar year, known as Asian Lunar New Year, and,
    48  in the boroughs of Brooklyn and Queens only, Anniversary Day  as  desig-
    49  nated in section twenty-five hundred eighty-six of this chapter.
    50    § 7. Subdivision f of section 446 of the retirement and social securi-
    51  ty  law,  as  amended  by chapter 210 of the laws of 1996, is amended to
    52  read as follows:
    53    f. Notwithstanding any other provision of law, any member of  the  New
    54  York  state and local employees' retirement system who is subject to the
    55  provisions of this article and who is employed by a school  district,  a
    56  board  of  cooperative  educational services, a vocational education and
        A. 9101                             5

     1  extension board, an institution for the instruction of the deaf  and  of
     2  the  blind as enumerated in section four thousand two hundred one of the
     3  education law, or a school district as  enumerated  in  section  one  of
     4  chapter  five  hundred  sixty-six of the laws of nineteen hundred sixty-
     5  seven as amended to date, shall have their service  credit  for  service
     6  rendered  on  or after January first, nineteen hundred ninety determined
     7  by dividing the number of days worked in a school year  by  one  hundred
     8  eighty for days worked prior to the effective date of the chapter of the
     9  laws  of  two  thousand  twenty-three which amended this subdivision and
    10  determined by  dividing the number of days worked in a  school  year  by
    11  two  hundred  for days worked after the effective date of the chapter of
    12  the laws of two thousand twenty-three which  amended  this  subdivision.
    13  For  the  purpose of this section a school year will begin on July first
    14  and end the following June thirtieth. No more than one year  of  service
    15  may be credited during any such fiscal year. Credit for service rendered
    16  before January first, nineteen hundred ninety shall be determined in the
    17  same  manner if a person eligible for such benefit shall file the appro-
    18  priate application with  the  state  comptroller  on  or  before  August
    19  second,  nineteen  hundred  ninety-six  and, within five years of filing
    20  such application, make payment for all costs necessary  to  finance  the
    21  receipt of such service credit.
    22    § 8. Subdivision f of section 513 of the retirement and social securi-
    23  ty  law,  as  amended  by chapter 210 of the laws of 1996, is amended to
    24  read as follows:
    25    f. Notwithstanding any other provision of law, any member of  the  New
    26  York  state and local employees' retirement system who is subject to the
    27  provisions of this article and who is employed by a school  district,  a
    28  board  of  cooperative  educational services, a vocational education and
    29  extension board, an institution for the instruction of the deaf  and  of
    30  the  blind as enumerated in section four thousand two hundred one of the
    31  education law, or a school district as  enumerated  in  section  one  of
    32  chapter  five  hundred  sixty-six of the laws of nineteen hundred sixty-
    33  seven as amended to date, shall have their service  credit  for  service
    34  rendered  on  or after January first, nineteen hundred ninety determined
    35  by dividing the number of days worked in a school year  by  one  hundred
    36  eighty for days worked prior to the effective date of the chapter of the
    37  laws  of  two  thousand  twenty-three which amended this subdivision and
    38  determined by  dividing the number of days worked in a  school  year  by
    39  two  hundred  for days worked after the effective date of the chapter of
    40  the laws of two thousand twenty three which  amended  this  subdivision.
    41  For  the  purpose of this section a school year will begin on July first
    42  and end the following June thirtieth. No more than one year  of  service
    43  may be credited during any such fiscal year. Credit for service rendered
    44  before January first, nineteen hundred ninety shall be determined in the
    45  same  manner if a person eligible for such benefit shall file the appro-
    46  priate application with  the  state  comptroller  on  or  before  August
    47  second,  nineteen  hundred  ninety-six  and, within five years of filing
    48  such application, make payment for all costs necessary  to  finance  the
    49  receipt of such service credit.
    50    § 9. Subdivision f of section 609 of the retirement and social securi-
    51  ty  law,  as  amended  by chapter 210 of the laws of 1996, is amended to
    52  read as follows:
    53    f. Notwithstanding any other provision of law, any member of  the  New
    54  York  state and local employees' retirement system who is subject to the
    55  provisions of this article and who is employed by a school  district,  a
    56  board  of  cooperative  educational services, a vocational education and
        A. 9101                             6

     1  extension board, an institution for the instruction of the deaf  and  of
     2  the  blind as enumerated in section four thousand two hundred one of the
     3  education law, or a school district as  enumerated  in  section  one  of
     4  chapter  five  hundred  sixty-six of the laws of nineteen hundred sixty-
     5  seven as amended to date, shall have their service  credit  for  service
     6  rendered  on  or after January first, nineteen hundred ninety determined
     7  by dividing the number of days worked in a school year  by  one  hundred
     8  eighty for days worked prior to the effective date of the chapter of the
     9  laws  of  two  thousand  twenty-three which amended this subdivision and
    10  determined by dividing the number of days worked in a school year by two
    11  hundred for days worked after the effective date of the chapter  of  the
    12  laws  of  two thousand twenty three which amended this subdivision.  For
    13  the purpose of this section a school year will begin on July  first  and
    14  end  the  following June thirtieth. No more than one year of service may
    15  be credited during any such fiscal year.  Credit  for  service  rendered
    16  before January first, nineteen hundred ninety shall be determined in the
    17  same  manner if a person eligible for such benefit shall file the appro-
    18  priate application with  the  state  comptroller  on  or  before  August
    19  second,  nineteen  hundred  ninety-six  and, within five years of filing
    20  such application, make payment for all costs necessary  to  finance  the
    21  receipt of such service credit.
    22    §  10. This act shall take effect on the first of July next succeeding
    23  the date on which it shall have become a law. Effective immediately, the
    24  addition, amendment and/or repeal of any rule  or  regulation  necessary
    25  for  the implementation of this act on its effective date are authorized
    26  to be made and completed on or before such effective date.