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

Section 2 of the bill amends section 551 of the Education Law pertaining to health and safety grants for nonpublic school children, to make the apportionment provision applicable not only to the average daily attendance of pupils, but also to the equivalent hourly attendance. This section adds that a school failing to comply with the equivalent hours of pupil instruction shall forfeit apportionment 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. If a school was not in session for one hundred eighty days or the equivalent hours of pupil instruction and cannot make up days or equivalent number of hours of pupil instruction that were lost due to extraordinary conditions, the commissioner may disregard the reduction of apportionment up to five days or the equivalent number of hours, as amended. No apportionment reduction shall be made for any day on which such school was in session for the purpose of regents examinations or regents scholarship exams, or any day, not to exceed three days or the equivalent number of hours as amended, when such school was not in session due to a conference of teachers called by the school principal.

Section 3 of the bill amends section 1704 of the Education Law pertaining to Union Free School Districts to make the length of school year provision where 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, applicable to the equivalent number of hours of pupil instruction.

Section 4 of the bill amends section 2117 of the Education Law pertaining to school district officers to make the reports provision where school authorities report to the commissioner of education on the first day of August in each year for the year ending June thirtieth preceding, and every report shall certify the whole number of days, including holidays, in which school was taught by qualified teachers, applicable to the equivalent number of hours of pupil instruction.

Section 4 also amends this section so that the report to the commissioner certifying the aggregate days' attendance of the number of children taught in the district during such year, is applicable to the equivalent hours' attendance of all such children.

Section 5 of the bill amends section 3107 of the Education Law pertaining to salaries of teachers and supervisors to provide that 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. Section 5 amends this section so that upon application, members shall 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 as amended, 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, inclusive of legal holidays that occur during the term of said school and exclusive of Saturdays, applicable to the equivalent number of hours of pupil instruction.

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 so that the definition of average daily attendance includes the total number of attendance 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 who receive instruction by 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. Pupils with disabilities attending special services or programs provided by boards of cooperative educational services, shall be added to average daily or equivalent hourly attendance.

Section 7 further amends this section pertaining to equivalent attendance, which is 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 defined in the commissioner's regulations for pupils under twenty-one not on a regular day school register of the district, divided by one thousand. This section is amended so that average daily attendance or equivalent hourly attendance shall include the equivalent attendance of the school district. Equivalent attendance, for the purposes of secondary school weighting, shall be considered as average daily or equivalent hourly attendance in grades seven through twelve.

Section 7 further amends this section so computing average daily attendance is applicable to the equivalent hourly attendance. The provision that allows school districts, with commissioner approval, to exclude attendance for those days on which school attendance was adversely affected because of an epidemic or manmade or natural disaster or act of terrorism, is applicable to the equivalent number of hours of pupil instruction. To compute average daily attendance, a school district shall determine the number of religious holidays that fall on a school day in which school is scheduled to be in session; deduct the aggregate attendance on such religious holidays from the total aggregate attendance, by grade level; deduct such religious holidays from the total number of days or, as amended, the equivalent number of hours of pupil instruction of session by grade level; and compute the average daily or, as amended, the average equivalent hourly attendance for the school year.

Section 7 further amends this section so that the definition of attendance ratio shall mean the number computed to four decimals without rounding when the aggregate days or, as amended, equivalent hours attendance is divided by the possible aggregate attendance of all pupils in attendance in the district. 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, to include the possible aggregate attendance of pupils in 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 multiplied by one-half, divided by the number of days or, as amended, equivalent number of hours of pupil instruction the district was in session under this section.

Section 7 further amends this section so that the full time equivalent enrollment of pupils with disabilities attending special services or programs provided by boards of cooperative educational services, shall be added to average daily or, as amended, equivalent hourly membership. Average daily membership is applicable to equivalent hourly membership, which shall include the equivalent attendance of the school district, as computed pursuant to paragraph d of this subdivision.

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 provide that the computation of resident weighted average daily attendance is applicable to determining the weighted average equivalent hourly attendance.

Section 8 of the bill further amends this section so that to compute weighted average daily attendance, a school district shall determine the number of religious holidays that fall on a school day in which school is scheduled to be in session; deduct the aggregate attendance on such religious holidays from the total aggregate attendance, by grade level; deduct such religious holidays from the total number of days or, as amended, the equivalent number of hours of session, by grade level; and compute the weighted average daily or, as amended, the weighted average equivalent hourly attendance for the school year.

Section 8 of the bill further amends this section so that where a pupil is a resident of another state or an Indian pupil is a resident of any portion of a reservation located within the borders of the state, 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 or, as amended, the equivalent hourly attendance of the school district in which such pupil is enrolled.

Section 8 of the bill further amends this section so that the provision determining resident weighted average daily attendance for purposes of determining the aid ratio of a school district for any school year, is applicable to determining the weighted average equivalent hourly attendance.

Section 8 of the bill further amends this section so that the provision determining the resident weighted average daily attendance of a component school district of a central high school district for computing the aid ratio the weighted average daily attendance of high school pupils residing in such component district and attending the central high school shall be included, is applicable to determining the resident weighted average equivalent hourly attendance.

Section 8 of the bill further amends this section so that the requirements of computing the aid ratio when a school district shall experience an increase in resident weighted average daily 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, is applicable to the resident weighted average equivalent hourly attendance.

Section 8 of the bill further amends this section to provide that the computation of adjusted average daily attendance is applicable to determining the adjusted average equivalent hourly attendance.

Section 8 of the bill further amends this section so that to compute adjusted average daily attendance, a school district shall determine the number of religious holidays that fall on a school day in which school is scheduled to be in session; deduct the aggregate attendance on such religious holidays from the total aggregate attendance, by grade level; deduct such religious holidays from the total number of days or, as amended, the equivalent number of hours of pupil instruction of session by grade level; and compute the adjusted average daily or, as amended, the adjusted average equivalent hourly attendance for the school year.

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 average daily attendance shall mean the total number of attendance days or, as amended, the equivalent number of hours of pupils receiving services divided by the number of days or, as amended, equivalent hours the public school was in session for each attendance period. For each such attendance period the total number of attendance days or, as amended, equivalent number of hours for each such pupil shall be determined by multiplying the number of days or, as amended, the 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.

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 so that the provision concerning the waiver process of the time requirements established pursuant to this subdivision to authorize the operation of a summer universal prekindergarten program limited to the months of July and August, is applicable to the equivalent number of hours. The waiver process providing 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 for each day less than one hundred eighty days that the summer program is in session, is applicable to the equivalent number of hours.

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 one one-hundred eightieth for each day less than one hundred eighty days that the universal prekindergarten classes of the district were in session, is applicable to the equivalent hours of instruction where 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 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 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 where 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 of the bill is 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-savings measure to save on transportation,utilities, substitute teacher costs, and other expenditure costs, 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 schedule.

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 public notice prior to such hearing.

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

According to the Superintendent of Hadley-Luzeme 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. The District expects their transportation savings to be $135,772, with an estimated savings of 8.6% on overall transportation costs. Other areas of savings include heat and substitute teacher cost savings, for an estimated total overall savings of $200,922.

Some examples of states that have experienced savings from operating on a flexible school week schedule include 13% to 20% 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

New bill.

Fiscal implications

Nominal to the State. This bill would create no additional costs to the State or school districts.

Local fiscal implications

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

Effective date

July 1, 2009.