Bill Text: NY A10364 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to the attendance of minors upon full day instruction and the conditions under which districts are entitled to an apportionment of state aid.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-04-18 - referred to education [A10364 Detail]

Download: New_York-2017-A10364-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          10364
                   IN ASSEMBLY
                                     April 18, 2018
                                       ___________
        Introduced  by  M.  of  A.  NOLAN  -- (at request of the State Education
          Department) -- read once and referred to the Committee on Education
        AN ACT to amend the education law, in  relation  to  the  attendance  of
          minors  upon  full  day  instruction  and  the  conditions under which
          districts are entitled to an apportionment of state aid; and repealing
          certain provisions of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph c of subdivision 1 and subparagraph (i) of para-
     2  graph c of subdivision 2 of section 3205 of the education law, paragraph
     3  c of subdivision 1 as amended by chapter 518 of the  laws  of  1993  and
     4  subparagraph  (i)  of paragraph c of subdivision 2 as amended by chapter
     5  277 of the laws of 2017, are amended to read as follows:
     6    c. For purposes of this article, a minor who becomes six years of  age
     7  on  or before the first of December in any school year shall be required
     8  to attend upon full time instruction from the first day that the [appro-
     9  priate] public schools are in session [in September of] for such  school
    10  year, and a minor who becomes six years of age after the first of Decem-
    11  ber  in  any  school  year  shall  be  required to attend upon full time
    12  instruction from the first day of session in the  following  [September]
    13  school  year;  and, except as otherwise provided in subdivision three of
    14  this section, shall be required to remain in attendance until  the  last
    15  day  of  session  in  the school year in which the minor becomes sixteen
    16  years of age.
    17    (i) Minors whose parents elect not to enroll their children in  school
    18  until the following [September] school year.
    19    § 2. Subdivisions 7 and 8 of section 3604 of the education law, subdi-
    20  vision  7 as amended by section 3 of part B of chapter 54 of the laws of
    21  2016 and subdivision 8 as amended by chapter 260 of the  laws  of  2012,
    22  are amended to read as follows:
    23    7.  No district shall be entitled to any portion of such school moneys
    24  on such apportionment unless the report of  the  trustees  or  board  of
    25  education  for  the  preceding  school  year  shall show that the public
    26  schools were actually in session in the district and taught by a  quali-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14821-02-8
        A. 10364                            2
     1  fied  teacher or by successive qualified teachers or by qualified teach-
     2  ers for not less than one hundred eighty days. The moneys payable  to  a
     3  school  district  pursuant  to section thirty-six hundred nine-a of this
     4  chapter  in  the current year shall be reduced by one one-hundred eight-
     5  ieth of the district's total foundation aid for the base year  for  each
     6  day  less  than one hundred eighty days that the schools of the district
     7  were actually in session, except that  the  commissioner  may  disregard
     8  such reduction[, up to five days,] in the apportionment of public money,
     9  (i)  for  any day on which session had been previously scheduled but the
    10  superintendent was required to close the school  or  schools  due  to  a
    11  properly  executed  declaration  of  a state or local state of emergency
    12  pursuant to article two-B of the executive law or (ii) for  up  to  five
    13  days  if  he  or  she finds that the schools of the district were not in
    14  session for one hundred eighty days because of  extraordinarily  adverse
    15  weather  conditions,  impairment of heating facilities, insufficiency of
    16  water supply, shortage of fuel, lack of electricity, natural  gas  leak-
    17  age,  unacceptable  levels  of chemical substances, a credible threat to
    18  student safety as reasonably determined by a lead school official or the
    19  destruction of a school building either in whole or  in  part,  and  if,
    20  further,  the  commissioner finds that such district cannot make up such
    21  days of instruction by using for  the  secondary  grades  all  scheduled
    22  vacation  days which occur prior to the first scheduled regents examina-
    23  tion day in June, and for the elementary grades all  scheduled  vacation
    24  days  which occur prior to the last scheduled regents examination day in
    25  June. For the purposes of this subdivision,  "scheduled  vacation  days"
    26  shall  mean days on which the schools of the district are not in session
    27  and for which no prohibition exists in subdivision eight of this section
    28  for them to be in session.
    29    8. No school shall be in session on a Saturday  or  a  legal  holiday,
    30  except  general election day, Washington's birthday and Lincoln's birth-
    31  day, and except that driver education classes  may  be  conducted  on  a
    32  Saturday.
    33    8-a.  A  deficiency  not  exceeding  four  days during any school year
    34  caused by teachers' attendance upon conferences held by  superintendents
    35  of  schools of city school districts or other school districts employing
    36  superintendents  of  schools  shall  be  excused  by  the  commissioner,
    37  notwithstanding  any provision of law, rule or regulation to the contra-
    38  ry, a school district may elect to schedule such conference days in  the
    39  last  two weeks of August, subject to collective bargaining requirements
    40  pursuant to article fourteen of the civil service  law,  and  such  days
    41  shall  be  counted  towards  the  required  one  hundred  eighty days of
    42  session, provided however, that such  scheduling  shall  not  alter  the
    43  obligation  of the school district to provide transportation to students
    44  in non-public elementary and secondary schools or charter schools.  [The
    45  commissioner  shall  excuse  a deficiency not exceeding four days during
    46  such school year caused by teachers' attendance upon conferences held by
    47  such superintendents, provided that at] At  least  two  such  conference
    48  days during such school year shall be dedicated to staff attendance upon
    49  conferences  providing  staff  development relating to implementation of
    50  the new high learning standards and assessments, as adopted by the board
    51  of regents. Notwithstanding any other provision of law,  rule  or  regu-
    52  lation to the contrary, school districts may elect to use one or more of
    53  such  allowable  conference days in units of not less than one hour each
    54  to provide staff development activities relating  to  implementation  of
    55  the  new high learning standards and assessments. A district making such
    56  election may provide such staff development [during the regularly sched-
        A. 10364                            3

     1  uled daily session] on any day during which  sessions  are  allowed  and
     2  apply  such  units  to satisfy a deficiency in the length of one or more
     3  daily sessions of instruction for pupils as specified in regulations  of
     4  the  commissioner.  The  commissioner  shall assure that such conference
     5  days include appropriate school  violence  prevention  and  intervention
     6  training,  and  may  require that up to one such conference day be dedi-
     7  cated for such purpose.
     8    § 3. Subdivisions 7-a and 7-b of section 3604 of the education law are
     9  REPEALED.
    10    § 4. This act shall take effect July 1, 2018.