senate Bill S2197

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 18, 2011 referred to education

S2197 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd Ed L, generally
Versions Introduced in 2009-2010 Legislative Session:
S4572

S2197 - Bill Texts

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

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BILL NUMBER:S2197

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to allow school boards the discretion and
flexibility, after thorough review and public comment, to implement
an alternative school week schedule where school districts would have
the option to maintain the required one hundred eighty days of
instruction or reduce days of instruction, while attaining the
equivalent number of hours of pupil instruction per year. Before
authorizing school districts to modify the number of instructional
days per year, the school board, within its review, shall include,
but not be limited to consideration of the following: how the school
or schools will maintain a quality education; the reason for the
request; the educational benefit to pupils; ways to negotiate the
changes with the collective bargaining unit representing the
employees affected by the changes; input from employees affected by
the changes but not represented by a collective bargaining agreement;
the impact of an alternative school week schedule on primary grade
pupils; and the impact of an alternative school week schedule on
working parents who may be required to find child care services for
their school age children due to the shortened school week. A school
board, after review, but not limited to the considerations
provided above, shall conduct at least one public hearing to
receive public input, and provide at least thirty days public notice
prior to such hearing.

SUMMARY OF PROVISIONS:
Section 1 of the bill provides the Legislative Intent.

Section 2 of the bill amends section 551 of the Education Law
pertaining to apportionment of health and safety grants for nonpublic
school children.

Section 3 of the bill amends section 1704 of the Education Law
pertaining to Union Free School Districts, to require every board of
education or community board in the city school district of the city
of New York to provide a school year consisting of no fewer than one
hundred eighty days of school or the equivalent number of hours of
pupil instruction.

Section 4 of the bill amends section 2117of the Education Law
pertaining to reporting requirements by all owing the number of days
of instruction and attendance to be calculated by the requisite
number of days or the equivalent hours.

Section 5 of the bill amends section 3107 of the Education Law by
providing employees of the board of education who are members of the
New York city teachers' retirement system certain leave to be


calculated based on the number of school days or the equivalent
number of hours of pupil instruction.

Section 6 of the bill amends section 3204 of the Education Law
pertaining to compulsory education and the length of school sessions
to make the requirement that a full-time day school or class, except
as otherwise prescribed, shall be in session for not less than 190
days each year, or the equivalent number of hours of pupil
instruction, inclusive of legal holidays that occur during the term
of said school and exclusive of Saturdays.

Section 7 of the bill amends section 3602 of the Education Law
pertaining to the apportionment of public moneys to school districts
employing eight or more teachers to define average daily attendance,
equivalent attendance, attendance ratio, and average daily membership
to include the equivalent number of hours of pupil instruction.

Section 8 of the bill amends section 3602 of the Education Law
pertaining to the apportionment of public moneys to school districts
employing eight or more teachers and the computation of pupil counts
and related factors to include the equivalent hourly attendance.

Section 9 of the bill amends section 3602-c of the Education Law
pertaining to the apportionment of moneys to school districts for the
provision of services to pupils attending nonpublic schools so that
computation of the average daily attendance shall mean the total
number of attendance days or, as amended, the equivalent number of
hours.

Section 10 of the bill amends section 3602-e of the Education Law
pertaining to the apportionment of public moneys with regard to
universal prekindergarten programs to include the equivalent number
of hours when computing a reduction in aid. Section 10 further amends
this section so that a grant payable to a school district pursuant to
this section in the current year shall be reduced by either
one-hundred eightieth for each day less than one hundred eighty days
that the universal prekindergarten classes of the district were in
session, or a ratio of the number of hours the district was in
noncompliance in relation to the required minimum equivalent number
of hours of pupil instruction. The commissioner may disregard such
reduction for deficiencies pursuant to subdivision seven or eight of
section thirty-six hundred four of this part.

Section 11 of the bill amends section 3604 of the Education Law
pertaining to conditions under which districts are entitled to
apportionment where no district shall be entitled to state funds if
operating less than one hundred eighty days, is applicable to the
equivalent number of hours of pupil instruction. The requirement that
moneys payable to a school district pursuant to section thirty-six
hundred nine-a of this part in the current year shall be reduced by
one one-hundred eightieth of the district's total foundation aid for
each day less than one hundred eighty days the schools of the
district were actually in session, is applicable to a district
failing to comply with the equivalent number of hours of pupil
instruction. As amended, a district operating on the equivalent
number of hours of pupil instruction shall forfeit from its total
state aid allocation an amount determined by applying a ratio of the


number of hours the district was in noncompliance in relation to the
required minimum equivalent number of hours of pupil instruction. The
commissioner may disregard the reduction, up to five days or, as
amended, by the equivalent number of hours in the apportionment of
public money, if the commissioner finds the schools of the
district were not in session for one hundred eighty days or, as
amended, the equivalent number of hours for reasons including, but
not limited to, extraordinarily adverse weather conditions.

Section 11 of the bill also creates a new subdivision to define one
hundred eighty days to include one hundred eighty days of instruction
or the equivalent number of hours of pupil instruction per school
year based on a different number of days of instruction approved by
the school district governing board or charter school governing body.

Section 11 of the bill also creates a new subdivision where local
school boards, in their discretion, may authorize a modification of
the number of instructional days per year after thorough review and
comment. Before school board approval of the modification the school
board shall consider, but not be limited to, various factors such as
how schools will maintain a quality education; the reason for the
request; educational benefit to pupils; negotiation with collective
bargaining representatives and also input from employees not
represented by a collective bargaining unit; the impact of the
schedule on primary grade pupils; and the impact on parents who may
be required to find child care services for younger children, due to
a shortened school week.

Section 11 of the bill also creates a new subdivision where a school
board, after review, but not limited to the considerations under
subdivision 7-b, shall conduct at least one public hearing to receive
public input, and provide at least one thirty days public notice
prior to such hearing. The school board may authorize some or all of
its schools to modify the number of instructional days per year
provided the total number of hours of instruction per year is no less
than the minimum number of instructional hours per year established
by the commissioner's regulations for that particular group of
pupils. The school board may provide for a school term consisting of
school hours.

Section 11 of the bill also creates a new subdivision where a district
that fails to comply with the required minimum hours of pupil
instruction per year as established by the commissioner's
regulations, shall forfeit from its total state aid allocation an
amount determined by applying a ratio of the number of hours the
district was in noncompliance in relation to the required minimum
number of hours as established by the commissioner. The board of each
district, no
later than August first, shall certify to the department the number of
hours of pupil instruction in the previous school year. If the district
did not provide at least the required minimum number of hours of
pupil instruction per year as established by the commissioner, the
deduction of state aid shall be made in the following fiscal year
from the first payment of state school aid.


Section 11 of the bill also creates a new subdivision whereby the
commissioner shall promulgate regulations establishing the minimum
number of hours of pupil instruction per year.

Section 11 further amends this section so that the provision where a
deficiency caused by teachers' attendance upon conferences held by
superintendents of schools of city school districts or other school
districts employing superintendents of schools shall be excused by
the commissioner, is applicable to the equivalent number of hours.

Section 12 of the bill amends section 3635 of the Education Law
pertaining to taxation and financial administration with regard to
transportation services so that the superintendent of each city
school district in a city having a population in excess of one
million, shall prepare a public school calendar and shall notify
officials of nonpublic schools to which transportation has been
requested not later than the first day of June in each year, of the
days on which the public schools are scheduled to be in session in
the following school year.

Section 13 sets forth the effective date.

EXISTING LAW:
Existing law requires school districts to operate one hundred eighty
days in order to obtain entitlement to state aid. This legislation
would specify that schools may operate one hundred eighty days or the
equivalent number of hours of pupil instruction per school year, as
established by the commissioner, without affecting state aid
allocations.

JUSTIFICATION:
Considering the fiscal crisis facing schools in New York State, the
allowance of a flexible school week schedule affords schools
districts a cost-saving measure to save on transportation, utilities,
substitute teacher costs, and other expenditures, while maintaining a
quality education. Small rural schools, where bus routes are long and
transportation costs are high, would benefit from the option of a
flexible school week.

The local school board, in its discretion, after thorough review and
public comment, may authorize schools to modify the number of
instructional days per year. Before authorizing school districts to
modify the number of instructional days per year, the school board,
within its review, shall include, but not be limited to consideration
of the following: how the school or schools will maintain a quality
education; the reason for the request; the educational benefit to
pupils; ways to negotiate the changes with the collective bargaining
unit representing the employees affected by the changes; input from
employees affected by the changes but not represented by a collective
bargaining agreement; the impact of an alternative school week
schedule on primary grade pupils; and the impact of an alternative
school week schedule on working parents who may be required to find
child care services for their school age children due to the
shortened school week. A school board, after review, but not limited
to the considerations provided above, shall conduct at least one
public hearing to receive public input, and provide at least thirty
days notice prior to such hearing.


At least seventeen states operate on a flexible school week schedule
by conducting a four-day school week. These states have experienced
not only cost-saving benefits for their districts, but also better
attendance, morale, less time lost to extracurricular activities,
more opportunities for teacher training and appointments, and longer
class periods for instruction time. Additionally, a flexible school
week allows schools to make up school days missed due to weather by
using the fifth day of school.

According to the Superintendent of Hadley-Luzerne Central School
District in New York, the district is seeking nine days of longer
class time and the tenth day off as a means to reduce transportation
costs in the district. By moving to this flexible model, the District
expects their transportation savings to be $135,772, with an
estimated savings of 8.6% on overall transportation costs. Other
additional areas of savings include heat and substitute teacher cost
savings, for an estimated total overall savings of $200,922.

Additional examples of savings experienced by states operating on a
flexible school week schedule include 13% to 20% savings in
transportation costs in Colorado; 20% in energy costs in Kansas; 12%
in transportation costs in Montana; and 10-15% in fuel and 10-20% in
transportation costs in New Mexico.

LEGISLATIVE HISTORY:
2009-2010: S.4572 - Referred to Education

LOCAL FISCAL IMPLICATIONS:
Savings to local school districts in transportation, utilities,
substitute teacher, and other expenditure costs.

EFFECTIVE DATE:
July 1 after it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2197

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  Legislative  findings. The legislature finds and declares
that a number of schools nationwide have implemented a  flexible  school
week schedule while still maintaining the statutorily required amount of
instructional  time. This type of flexibility has resulted in savings on
such items as energy, transportation and substitute teacher costs, along
with better attendance, less time lost  to  extracurricular  activities,
more  opportunities  for  teacher  training and appointments, and longer
class periods for instructional time. Many of  the  districts  in  other
states  which have already implemented flexible school schedules tend to
be smaller and  rural  with  long  transportation  routes  to  and  from
schools,  and  with  no  other  option to save costs other than to close
schools or layoff staff. Given the fiscal crisis facing New York as well
as rising fuel, energy, and transportation costs, a flexible school week
schedule based on the equivalent hours of pupil  instruction  may  offer
schools  operational  flexibility  without  jeopardizing  the  amount of
instructional time required by law.
  New York state is without legal authority to  operate  less  than  one
hundred  eighty  days  of  instruction without forfeiting state aid. The
lack of operational  flexibility  in  school  districts,  in  particular
regard  to instructional days, is a problem largely unaddressed in state
statute or regulation. A well-planned alternative school  week  schedule
can  be  cost-effective,  and  can  provide flexibility for those school
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.
                                                           LBD05600-01-1

S. 2197                             2

  Therefore, the legislature finds that enactment of this legislation is
necessary and appropriate to make  certain  that  school  boards,  after
thorough review and public comment, have the discretion and authority to
provide  local  school  districts with operational flexibility to modify
the number of instructional days per year, while maintaining the quality
of  education  at the particular school or schools requesting a flexible
school week schedule.
  S 2. Section 551 of the education law, as added by chapter 414 of  the
laws of 1972, is amended to read as follows:
  S 551. Apportionment.  1.  In order to meet proper health, welfare and
safety standards in qualifying schools for the  benefit  of  the  pupils
enrolled  therein, there shall be apportioned health, welfare and safety
grants by the commissioner to each  qualifying  school  for  the  school
years  beginning  on and after July first, nineteen hundred seventy-one,
an amount equal to the product of thirty dollars multiplied by the aver-
age daily OR EQUIVALENT HOURLY attendance of pupils  receiving  instruc-
tion  in such school, to be applied for costs of maintenance and repair.
Such apportionment shall be increased by ten dollars multiplied  by  the
average  daily  OR  EQUIVALENT  HOURLY  attendance  of  pupils receiving
instruction in a school building constructed prior to  nineteen  hundred
forty-seven.  In  no event shall the per pupil annual allowance computed
under this section exceed fifty per centum of the average per pupil cost
of equivalent maintenance and repair in the public schools of the  state
on  a  state-wide  basis,  as  determined by the commissioner, and in no
event shall the apportionment to a qualifying school exceed  the  amount
of  expenditures  for  maintenance and repair of such school as reported
pursuant to section five hundred fifty-two of this article.
  2. The apportionment pursuant to this section shall be reduced by  one
one  hundred  eightieth  for  each day less than one hundred eighty days
that such school was actually in total session in the base  year,  OR  A
SCHOOL  FAILING  TO  COMPLY WITH THE EQUIVALENT NUMBER OF HOURS OF PUPIL
INSTRUCTION SHALL FORFEIT FROM ITS APPORTIONMENT AN AMOUNT DETERMINED BY
APPLYING A RATIO OF THE NUMBER OF HOURS THE SCHOOL WAS IN  NONCOMPLIANCE
IN  RELATION TO THE REQUIRED MINIMUM EQUIVALENT NUMBER OF HOURS OF PUPIL
INSTRUCTION, except that the commissioner may disregard  such  reduction
up  to  five days OR THE EQUIVALENT NUMBER OF HOURS if he finds that the
school was not in session for one hundred eighty days OR THE  EQUIVALENT
NUMBER  OF  HOURS  OF PUPIL INSTRUCTION because of extraordinary adverse
weather conditions, impairment of heating facilities,  insufficiency  of
water  supply, shortage of fuel or the destruction of a school building,
and if the commissioner further finds that such school  cannot  make  up
such  days  OR  THE EQUIVALENT NUMBER OF HOURS of instruction during the
school year. No such reduction shall be made, however, for  any  day  on
which  such  school  was in session for the purpose of administering the
regents examinations or the regents  scholarship  examinations,  or  any
day,  not  to  exceed three days, OR THE EQUIVALENT NUMBER OF HOURS when
such school was not in session  because  of  a  conference  of  teachers
called by the principal of the school.
  S 3. Subdivision 2 of section 1704 of the education law, as amended by
chapter 543 of the laws of 1971, is amended to read as follows:
  2.  Except  as  otherwise  provided  by  law, no board of education or
community board in the city school district of  the  city  of  New  York
shall  provide  for  a  school year consisting of fewer than one hundred
eighty days of school  OR  THE  EQUIVALENT  NUMBER  OF  HOURS  OF  PUPIL
INSTRUCTION.

S. 2197                             3

  S 4. Paragraphs a and c of subdivision 2 of section 2117 of the educa-
tion  law,  as  added by chapter 744 of the laws of 1952, are amended to
read as follows:
  a.  The whole time school has been maintained in their district during
the year ending on June thirtieth previous to the date of  such  report,
and  stating  what  portion  of  the time such school has been taught by
qualified teachers, and the whole number  of  days,  OR  THE  EQUIVALENT
NUMBER  OF  HOURS OF PUPIL INSTRUCTION, including holidays, in which the
school was taught by qualified teachers.
  c. The number of children taught in the district during such  year  by
qualified teachers, and the aggregate days' OR EQUIVALENT HOURS' attend-
ance of all such children.
  S 5. The first undesignated paragraph of section 3107 of the education
law,  as  amended by chapter 784 of the laws of 1961, is amended to read
as follows:
  In cities having a population of one million or more, employees of the
board of education who are  members  of  the  New  York  city  teachers'
retirement  system  shall be granted sick leave due to personal illness.
Such sick leave shall be on the basis of at least ten days for each year
of service, cumulative to a maximum of two hundred days.  Members  shall
upon  application be granted a retirement leave of absence with full pay
consisting of one-half of their accumulated unused sick leave, up  to  a
maximum  of  one  school term or the equivalent number of school days OR
THE EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION.
  S 6. Paragraph a of subdivision 4 of section 3204 of the education law
is amended to read as follows:
  a. A full time day school or class, except  as  otherwise  prescribed,
shall be in session for not less than one hundred ninety days each year,
OR  THE  EQUIVALENT  NUMBER  OF HOURS OF PUPIL INSTRUCTION, inclusive of
legal holidays that occur during the term of said school  and  exclusive
of Saturdays.
  S  7.  Paragraphs  d,  k and l of subdivision 1 of section 3602 of the
education law, as amended by section 11 of part B of chapter 57  of  the
laws of 2007, are amended to read as follows:
  d.  "Average  daily attendance" shall mean the total number of attend-
ance days OR THE EQUIVALENT NUMBER OF  HOURS  OF  PUPIL  INSTRUCTION  of
pupils  in  a public school of a school district in kindergarten through
grade twelve, or equivalent ungraded programs, plus the total number  of
instruction  days OR THE EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION
for such pupils receiving homebound instruction including pupils receiv-
ing  instruction  through  a  two-way  telephone  communication  system,
divided  by  the  number of days OR EQUIVALENT HOURS the district school
was in session as provided in this section.  The  attendance  of  pupils
with  disabilities  attending  under  the  provisions  of paragraph c of
subdivision two of section forty-four hundred one of this chapter  shall
be added to average daily OR EQUIVALENT HOURLY attendance.
  (1)  Equivalent attendance shall mean the quotient of the total number
of student hours of instruction in programs in  a  public  school  of  a
school  district  or a board of cooperative educational services leading
to a high school diploma or a high school equivalency diploma as defined
in regulations of the commissioner for pupils under the age  of  twenty-
one not on a regular day school register of the district, divided by one
thousand.  Average  daily  OR EQUIVALENT HOURLY attendance shall include
the equivalent attendance of the school district. For  the  purposes  of
secondary  school weighting, such equivalent attendance shall be consid-

S. 2197                             4

ered as average daily OR EQUIVALENT HOURLY attendance  in  grades  seven
through twelve.
  (2) In computing average daily OR EQUIVALENT HOURLY attendance, school
districts  may, with the commissioner's approval, exclude attendance for
those days OR EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION, on  which
school  attendance  was  adversely  affected  because  of an epidemic or
manmade or natural disaster or  act  of  terrorism.  In  computing  such
attendance, the school district shall: (i) determine the number of reli-
gious  holidays  which fall on a school day IN WHICH SCHOOL IS SCHEDULED
TO BE IN SESSION within a school year according  to  regulations  estab-
lished  by  the  commissioner, such religious holidays to be duly recog-
nized as such for purposes of this section by duly adopted resolution of
the board of education; (ii) deduct the  aggregate  attendance  on  such
religious  holidays from the total aggregate attendance, by grade level;
(iii) deduct such religious holidays from the total number  of  days  OR
EQUIVALENT  NUMBER  OF  HOURS  OF PUPIL INSTRUCTION of session, by grade
level; and (iv) compute the average daily OR EQUIVALENT  HOURLY  attend-
ance for the school year.
  k.  "Attendance ratio" shall mean the number computed to four decimals
without rounding when the aggregate days OR EQUIVALENT HOURS  attendance
is divided by the possible aggregate attendance of all pupils in attend-
ance  in  the  district,  as  computed  for  each school district by the
commissioner by June first of the year following the attendance year.
  l. "Average  daily  membership"  shall  mean  the  possible  aggregate
attendance  of all pupils in attendance in a public school of the school
district in kindergarten through grade twelve,  or  equivalent  ungraded
programs,  including  possible  aggregate  attendance  for  such  pupils
receiving homebound instruction, including pupils receiving  instruction
through  a  two-way  telephone  communication  system, with the possible
aggregate attendance of such pupils in one-half day kindergartens multi-
plied by one-half, divided by the number of days OR EQUIVALENT NUMBER OF
HOURS OF PUPIL  INSTRUCTION  the  district  school  was  in  session  as
provided  in this section. The full time equivalent enrollment of pupils
with disabilities attending under  the  provisions  of  paragraph  c  of
subdivision  two of section forty-four hundred one of this chapter shall
be added to average daily OR  EQUIVALENT  HOURLY  membership.    Average
daily  OR  EQUIVALENT  HOURLY  membership  shall  include the equivalent
attendance of the school district, as computed pursuant to  paragraph  d
of  this  subdivision.  In  any  instance where a pupil is a resident of
another state or an Indian pupil is a  resident  of  any  portion  of  a
reservation  located  wholly  or  partly within the borders of the state
pursuant to subdivision four of section forty-one hundred  one  of  this
chapter  or  a pupil is living on federally owned land or property, such
pupil's possible aggregate attendance shall be counted as  part  of  the
possible aggregate attendance of the school district in which such pupil
is enrolled.
  S 8. Paragraphs a and b of subdivision 2 of section 3602 of the educa-
tion  law,  as amended by section 13 of part B of chapter 57 of the laws
of 2007, are amended to read as follows:
  a. Computation of resident weighted average daily OR EQUIVALENT HOURLY
attendance. For purposes of  this  section  weighted  average  daily  OR
EQUIVALENT  HOURLY  attendance  of a school district for any school year
shall be computed as follows:
  (1) Weighted average daily OR EQUIVALENT HOURLY  attendance  shall  be
determined by using the average daily OR EQUIVALENT HOURLY attendance of
public  school  pupils in a full-day kindergarten and grades one through

S. 2197                             5

six as the basic unit, with the attendance of such  pupils  in  one-half
day  kindergartens  measured  at  one-half  of  such  basic unit and the
attendance of such pupils in grades seven through twelve measured at one
and  one-quarter  of  such  basic  unit.    The sum of all such units of
attendance shall be the weighted  average  daily  OR  EQUIVALENT  HOURLY
attendance.
  (2) In computing such attendance, the school district shall (i) deter-
mine  the  number  of  religious  holidays which fall on a school day IN
WHICH SCHOOL IS SCHEDULED TO BE IN SESSION within a school year  accord-
ing to regulations established by the commissioner, such religious holi-
days  to be duly recognized as such for purposes of this section by duly
adopted resolution of the board of education; (ii) deduct the  aggregate
attendance  on  such religious holidays from the total aggregate attend-
ance, by grade level; (iii) deduct  such  religious  holidays  from  the
total  number of days OR EQUIVALENT NUMBER OF HOURS of session, by grade
level; (iv) compute the weighted  average  daily  OR  EQUIVALENT  HOURLY
attendance for the school year.
  (3) In any instance where a pupil is a resident of another state or an
Indian pupil is a resident of any portion of a reservation located whol-
ly  or  partly  within  the borders of the state pursuant to subdivision
four of section forty-one hundred one of this  chapter  or  a  pupil  is
living  on  federally  owned  land  or property, such pupil's attendance
shall be counted as part of the weighted  average  daily  OR  EQUIVALENT
HOURLY  attendance  of  the  school  district  in  which  such  pupil is
enrolled.
  (4) Resident weighted average daily OR  EQUIVALENT  HOURLY  attendance
for  purposes  of determining the aid ratio of a school district for any
school year shall be the weighted average  daily  OR  EQUIVALENT  HOURLY
attendance for the school year immediately preceding the base year, less
the  weighted  average daily OR EQUIVALENT HOURLY attendance of nonresi-
dent pupils attending public schools in the  district  for  such  school
year, plus the weighted average daily OR EQUIVALENT HOURLY attendance of
pupils  resident in the district but attending public schools in another
district or state plus the weighted average daily OR  EQUIVALENT  HOURLY
attendance  of pupils resident in the district but attending full-time a
school operated by a board of  cooperative  educational  services  or  a
county  vocational  education  and extension board for such school year.
The attendance of nonresident pupils  attending  public  school  in  the
district  and  resident  pupils  attending  such  schools outside of the
district shall be determined by applying to the number  of  such  pupils
registered  during  the  school year in each case the ratio of aggregate
days OR EQUIVALENT HOURS attendance to the possible  aggregate  days  OR
EQUIVALENT HOURS attendance of all pupils in attendance in the district.
Indian pupils of a reservation attending public school, or pupils living
on the United States military reservation at West Point attending public
school,  shall be deemed to be resident pupils of the district providing
such school, for purposes of this paragraph. Where a school district has
entered into a contract with the state university pursuant  to  subdivi-
sion two of section three hundred fifty-five of this chapter under which
the  school  district  makes  payments  in the nature of tuition for the
education of certain children residing in the  district,  such  children
for  whom  such tuition payments are made shall be deemed to be resident
pupils of such district for the purposes of this paragraph.
  (5) In determining the resident weighted average daily  OR  EQUIVALENT
HOURLY  attendance  of  a  component  school  district of a central high
school district for computing the aid ratio the weighted  average  daily

S. 2197                             6

OR  EQUIVALENT  HOURLY attendance of high school pupils residing in such
component district and  attending  the  central  high  school  shall  be
included.  The  resident  weighted  average  daily  OR EQUIVALENT HOURLY
attendance  of a central high school district itself shall be the sum of
the resident weighted average daily OR EQUIVALENT HOURLY  attendance  of
each  component  school  district  computed  as  provided  in  the first
sentence of this paragraph.
  (6) Notwithstanding the provisions of subparagraphs four and  five  of
this  paragraph,  when a school district shall experience an increase in
resident weighted average daily OR EQUIVALENT HOURLY  attendance  during
the  current year because of the closing in whole, or in part, of a non-
public school or a campus school, or a school previously operated by the
United States government on the United States  military  reservation  at
West  Point,  the  commissioner,  in  computing  any  aid  ratio of such
district, shall permit the use  of  such  additional  resident  weighted
average  daily  OR  EQUIVALENT  HOURLY attendance for aid ratio purposes
during the current year and the next succeeding year, provided that such
additional resident weighted average daily OR EQUIVALENT HOURLY  attend-
ance  attributable  to such closing, or part thereof, shall be in excess
of one hundred students; provided, however,  that  such  district  which
qualifies  for an increase in total wealth pupil units pursuant to para-
graph f of this subdivision, shall use the increase in resident weighted
average daily OR EQUIVALENT HOURLY attendance, even if such increase  in
resident  weighted average daily OR EQUIVALENT HOURLY attendance is less
than one hundred.
  b. Computation of adjusted average daily OR EQUIVALENT HOURLY  attend-
ance.  For purposes of this section adjusted average daily OR EQUIVALENT
HOURLY attendance of a school district for  any  school  year  shall  be
computed as follows:
  (1)  Adjusted  average  daily OR EQUIVALENT HOURLY attendance shall be
determined by using the average daily OR EQUIVALENT HOURLY attendance of
public school pupils in a full-day kindergarten and grades  one  through
twelve as the basic unit, with the attendance of such pupils in one-half
day  kindergartens  measured  at one-half of such basic unit. The sum of
all such units of attendance shall be  the  adjusted  average  daily  OR
EQUIVALENT HOURLY attendance.
  (2) In computing such attendance, the school district shall (i) deter-
mine  the  number  of  religious  holidays which fall on a school day IN
WHICH SCHOOL IS SCHEDULED TO BE IN SESSION within a school year  accord-
ing to regulations established by the commissioner, such religious holi-
days  to be duly recognized as such for purposes of this section by duly
adopted resolution of the board of education; (ii) deduct the  aggregate
attendance  on  such religious holidays from the total aggregate attend-
ance, by grade level; (iii) deduct  such  religious  holidays  from  the
total  number of days OR EQUIVALENT NUMBER OF HOURS of session, by grade
level; (iv) compute the adjusted  average  daily  OR  EQUIVALENT  HOURLY
attendance for the school year.
  (3) In any instance where a pupil is a resident of another state or an
Indian pupil is a resident of any portion of a reservation located whol-
ly  or  partly  within  the borders of the state pursuant to subdivision
four of section forty-one hundred one of this  chapter  or  a  pupil  is
living  on  federally  owned  land  or property, such pupil's attendance
shall be counted as part of the weighted average daily attendance of the
school district in which such pupil is enrolled.

S. 2197                             7

  S 9. Paragraph e of subdivision 1 of section 3602-c of  the  education
law,  as  amended by chapter 740 of the laws of 1982, is amended to read
as follows:
  e.  "Average  daily attendance" shall mean the total number of attend-
ance days OR THE EQUIVALENT NUMBER OF HOURS of pupils receiving services
divided by the number of days OR EQUIVALENT HOURS the public school  was
in  session  for each attendance period. For each such attendance period
the total number of attendance days OR EQUIVALENT NUMBER  OF  HOURS  for
each such pupil shall be determined by multiplying the number of days OR
EQUIVALENT HOURS on which each such pupil was in attendance by the ratio
obtained  by  dividing the number of class periods of each such pupil by
the total number of class periods, not to exceed five, operated  by  the
public  school during the school day. Only pupils residing in this state
shall be included in such computation.
  S 10.  Paragraph m of subdivision 12 and  subdivision  16  of  section
3602-e of the education law, as amended by section 19 of part B of chap-
ter 57 of the laws of 2007, are amended to read as follows:
  m.  a  process  for  the  waiver  of the time requirements established
pursuant to this subdivision in order to authorize the  operation  of  a
summer  universal  prekindergarten program limited to the months of July
and August, upon a finding by the commissioner that the school  district
is  unable  to  operate  the  program  during the regular school session
because of a lack of available space  pursuant  to  regulations  of  the
commissioner. Notwithstanding any other provision of this section to the
contrary,  such  process  shall  provide  for a reduction of the aid per
prekindergarten pupil payable for pupils served pursuant to such  waiver
by one one-hundred eightieth of the aid per prekindergarten pupil deter-
mined pursuant to paragraph a of subdivision ten [or subparagraph (i) of
paragraph b of subdivision ten-a] of this section for each day OR EQUIV-
ALENT HOUR less than one hundred eighty days OR THE EQUIVALENT NUMBER OF
HOURS that the summer program is in session.
  16. The grant payable to a school district pursuant to this section in
the  current year shall be reduced by one one-hundred eightieth for each
day less than one hundred eighty days that the universal prekindergarten
classes of the district were actually in session, OR A DISTRICT  FAILING
TO COMPLY WITH THE EQUIVALENT NUMBER OF HOURS OF PUPIL INSTRUCTION SHALL
FORFEIT  FROM  ITS  TOTAL  STATE  AID ALLOCATION AN AMOUNT DETERMINED BY
APPLYING A RATIO OF THE NUMBER OF HOURS THE DISTRICT WAS  IN  NONCOMPLI-
ANCE  IN  RELATION TO THE REQUIRED MINIMUM EQUIVALENT NUMBER OF HOURS OF
PUPIL INSTRUCTION, except  that  the  commissioner  may  disregard  such
reduction  for any deficiency that may be disregarded in computing total
foundation aid pursuant to subdivision seven or eight of  section  thir-
ty-six hundred four of this [chapter] PART.
  S  11.  Subdivisions  7  and  8  of section 3604 of the education law,
subdivision 7 as amended by section 31 of part B of chapter  57  of  the
laws  of  2007  and  subdivision 8 as amended by section 46 of part H of
chapter 83 of the laws of 2002, are amended and  five  new  subdivisions
7-a, 7-b, 7-c, 7-d and 7-e are added to read as follows:
  7.  No district shall be entitled to any portion of such school moneys
on such apportionment unless the report of  the  trustees  or  board  of
education  for  the  preceding  school  year  shall show that the public
schools were actually in session in the district and taught by a  quali-
fied  teacher or by successive qualified teachers or by qualified teach-
ers for not less than one hundred eighty days OR THE  EQUIVALENT  NUMBER
OF  HOURS OF PUPIL INSTRUCTION.  The moneys payable to a school district
pursuant to section thirty-six hundred nine-a of this [chapter] PART  in

S. 2197                             8

the  current  year  shall be reduced by one one-hundred eightieth of the
district's total foundation aid for  each  day  less  than  one  hundred
eighty  days  that the schools of the district were actually in session,
OR  A  DISTRICT FAILING TO COMPLY WITH THE EQUIVALENT NUMBER OF HOURS OF
PUPIL INSTRUCTION SHALL FORFEIT FROM ITS TOTAL STATE AID  ALLOCATION  AN
AMOUNT  DETERMINED  BY  APPLYING  A  RATIO  OF  THE  NUMBER OF HOURS THE
DISTRICT WAS IN NONCOMPLIANCE IN RELATION TO THE REQUIRED MINIMUM EQUIV-
ALENT NUMBER OF HOURS OF PUPIL INSTRUCTION, except that the commissioner
may disregard such reduction, up to five days, OR THE EQUIVALENT  NUMBER
OF  HOURS  in  the  apportionment  of public money, if he finds that the
schools of the district were not in session for one hundred eighty  days
OR  THE  EQUIVALENT  NUMBER  OF HOURS because of extraordinarily adverse
weather conditions, impairment of heating facilities,  insufficiency  of
water  supply,  shortage of fuel, lack of electricity, natural gas leak-
age, unacceptable levels of chemical substances, or the destruction of a
school building either in whole or in part, and if, further, the commis-
sioner finds that such district cannot make up such days  OR  EQUIVALENT
HOURS  of  instruction  by  using for the secondary grades all scheduled
vacation days which occur prior to the first scheduled regents  examina-
tion  day  in June, and for the elementary grades all scheduled vacation
days which occur prior to the last scheduled regents examination day  in
June.  For  the  purposes of this subdivision, "scheduled vacation days"
shall mean days on which the schools of the district are not in  session
and for which no prohibition exists in subdivision eight of this section
for them to be in session.
  7-A. FOR THE PURPOSES OF THIS SECTION, "ONE HUNDRED EIGHTY DAYS" MEANS
ONE HUNDRED EIGHTY DAYS OF INSTRUCTION OR THE EQUIVALENT NUMBER OF HOURS
OF PUPIL INSTRUCTION PER SCHOOL YEAR BASED ON A DIFFERENT NUMBER OF DAYS
OF  INSTRUCTION APPROVED BY THE SCHOOL DISTRICT GOVERNING BOARD OR CHAR-
TER SCHOOL GOVERNING BODY.
  7-B. THE LOCAL SCHOOL BOARD, IN ITS DISCRETION, MAY AUTHORIZE SOME  OR
ALL  OF  ITS SCHOOLS TO MODIFY THE NUMBER OF INSTRUCTIONAL DAYS PER YEAR
AFTER THOROUGH REVIEW AND PUBLIC COMMENT.   BEFORE AUTHORIZING  SOME  OR
ALL  OF ITS SCHOOLS TO MODIFY THE NUMBER OF INSTRUCTIONAL DAYS PER YEAR,
THE SCHOOL BOARD, SHALL WITHIN ITS REVIEW, INCLUDE, BUT NOT  BE  LIMITED
TO, CONSIDERATION OF THE FOLLOWING:
  A. HOW THE SCHOOL OR SCHOOLS WILL MAINTAIN A QUALITY EDUCATION;
  B. THE REASON FOR THE REQUEST;
  C. THE EDUCATIONAL BENEFIT TO PUPILS;
  D.  WAYS  TO NEGOTIATE THE CHANGES WITH THE COLLECTIVE BARGAINING UNIT
REPRESENTING THE EMPLOYEES AFFECTED BY THE CHANGES;
  E. INPUT FROM EMPLOYEES AFFECTED BY THE CHANGES BUT NOT REPRESENTED BY
A COLLECTIVE BARGAINING AGREEMENT;
  F. THE IMPACT OF AN ALTERNATIVE SCHOOL WEEK SCHEDULE ON PRIMARY  GRADE
PUPILS; AND
  G.  THE  IMPACT  OF  AN  ALTERNATIVE  SCHOOL  WEEK SCHEDULE ON WORKING
PARENTS WHO MAY BE REQUIRED TO FIND CHILD CARE SERVICES FOR THEIR SCHOOL
AGE CHILDREN DUE TO THE SHORTENED SCHOOL WEEK.
  7-C. AFTER REVIEW, BUT NOT LIMITED TO THE CONSIDERATIONS SET FORTH  IN
SUBDIVISION  SEVEN-B  OF  THIS  SECTION, A SCHOOL BOARD SHALL CONDUCT AT
LEAST ONE PUBLIC HEARING, TO GATHER PUBLIC  INPUT,  AND  TO  PROVIDE  AT
LEAST  THIRTY  DAYS  NOTICE  TO  THE PUBLIC PRIOR TO SUCH HEARING.   THE
SCHOOL BOARD MAY AUTHORIZE SOME OR ALL OF  ITS  SCHOOLS  TO  MODIFY  THE
NUMBER OF INSTRUCTIONAL DAYS PER YEAR PROVIDED THE TOTAL NUMBER OF HOURS
OF  INSTRUCTION  PER YEAR IS NO LESS THAN THE MINIMUM NUMBER OF INSTRUC-
TIONAL HOURS PER YEAR ESTABLISHED BY THE COMMISSIONER'S REGULATIONS  FOR

S. 2197                             9

THAT  PARTICULAR  GROUP  OF  PUPILS.   SUBJECT TO A POLICY DEVELOPED AND
ADOPTED BY THE BOARD OF ANY SCHOOL DISTRICT, THE BOARD MAY PROVIDE FOR A
SCHOOL TERM CONSISTING OF SCHOOL HOURS.
  7-D.  A  DISTRICT FAILING TO COMPLY WITH THE REQUIRED MINIMUM HOURS OF
PUPIL INSTRUCTION PER YEAR AS ESTABLISHED BY  THE  COMMISSIONER'S  REGU-
LATIONS,  SHALL  FORFEIT  FROM  ITS TOTAL STATE AID ALLOCATION AN AMOUNT
DETERMINED BY APPLYING A RATIO OF THE NUMBER OF HOURS THE  DISTRICT  WAS
IN  NONCOMPLIANCE IN RELATION TO THE REQUIRED MINIMUM NUMBER OF HOURS AS
ESTABLISHED BY THE COMMISSIONER.  NOT LATER THAN AUGUST FIRST, THE BOARD
OF EACH DISTRICT SHALL CERTIFY TO THE DEPARTMENT THE NUMBER OF HOURS  OF
PUPIL  INSTRUCTION  IN THE PREVIOUS SCHOOL YEAR. IF THE DISTRICT DID NOT
PROVIDE AT LEAST THE REQUIRED MINIMUM NUMBER OF HOURS OF PUPIL  INSTRUC-
TION  AS  ESTABLISHED  BY  THE  COMMISSIONER, THE DEDUCTION OF STATE AID
SHALL BE MADE IN THE FOLLOWING FISCAL YEAR FROM  THE  FIRST  PAYMENT  OF
STATE SCHOOL AID.
  7-E.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS ESTABLISHING THE
MINIMUM NUMBER OF HOURS OF PUPIL INSTRUCTION PER YEAR.
  8. No school shall be in session on a Saturday  or  a  legal  holiday,
except  general election day, Washington's birthday and Lincoln's birth-
day, and except that driver education classes  may  be  conducted  on  a
Saturday. A deficiency not exceeding three days OR THE EQUIVALENT NUMBER
OF  HOURS  during  any  school  year caused by teachers' attendance upon
conferences held by superintendents of schools of city school  districts
or  other school districts employing superintendents of schools shall be
excused by the commissioner, provided however, notwithstanding any other
provision of law, that during the nineteen  hundred  ninety-two--ninety-
three  through the two thousand two--two thousand three school years and
thereafter, the commissioner shall excuse  a  deficiency  not  exceeding
four  days  OR  THE  EQUIVALENT  NUMBER OF HOURS during such school year
caused by teachers' attendance upon conferences held by such superinten-
dents, provided that at least two such conference days OR THE EQUIVALENT
NUMBER OF HOURS during such school year  shall  be  dedicated  to  staff
attendance  upon  conferences  providing  staff  development relating to
implementation of the new high learning standards  and  assessments,  as
adopted  by the board of regents. Notwithstanding any other provision of
law, rule or regulation to the contrary, school districts may  elect  to
use  one  or  more  of  such allowable conference days OR THE EQUIVALENT
NUMBER OF HOURS in units of not less than one hour each to provide staff
development activities relating to implementation of the new high learn-
ing standards and assessments.  A  district  making  such  election  may
provide  such  staff development during the regularly scheduled daily OR
EQUIVALENT HOURLY session and apply such units to satisfy  a  deficiency
in  the  length  of  one  or more daily OR EQUIVALENT HOURLY sessions of
instruction for pupils as specified in regulations of the  commissioner.
The  commissioner  shall  assure that such conference days OR THE EQUIV-
ALENT NUMBER OF HOURS include appropriate school violence prevention and
intervention training, and may require that up to  one  such  conference
day OR THE EQUIVALENT NUMBER OF HOURS be dedicated for such purpose.
  S 12. Subdivision 2-a of section 3635 of the education law, as amended
by chapter 424 of the laws of 2005, is amended to read as follows:
  2-a. The superintendent of each city school district, in a city having
a  population  in  excess  of one million, shall prepare a public school
calendar and shall notify officials of nonpublic schools to which trans-
portation has been requested not later than the first  day  of  June  in
each  year, of the days on which the public schools [will] ARE SCHEDULED
TO be in session in the following  school  year.  Such  school  district

S. 2197                            10

which  provides  transportation  to nonpublic schools shall provide such
transportation for the same number of days as  the  public  schools  are
open  but  shall  not  provide transportation services for more than one
hundred eighty days.  Officials of each nonpublic school to which trans-
portation is provided by a city school district of a city having a popu-
lation in excess of one million may notify such district, not later than
the  first  day  of July of each school year, of a maximum of five days,
exclusive of Saturdays, Sundays or  legal  holidays  upon  which  public
schools are required to be closed, on which the public schools are sche-
duled  to  be closed, except that in any year in which the first or last
day of Passover and Easter Sunday are separated by more than seven days,
such officials may notify the district of a maximum  of  ten  days,  but
such  school  district will be required to provide for transportation to
such nonpublic school provided that such five or  ten  additional  days,
whichever  is  applicable,  are  limited  to the following: the Tuesday,
Wednesday, Thursday and Friday  after  Labor  Day,  Rosh  Hashanah,  Yom
Kippur,  the  week in which public schools are closed for spring recess,
December twenty-fourth and the week between Christmas day and New Year's
day, the Tuesday, Wednesday, Thursday and Friday after the observance of
Washington's birthday, and, in the boroughs of Brooklyn and Queens only,
Anniversary Day as designated in section twenty-five hundred  eighty-six
of this chapter.
  S  13. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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