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

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 2117 of 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.

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

2015: S.1396Referred to Education 2013,2014: S.4339 Referred to Education 2011,2012: S.2197 Referred to Education 2009,2010: S.4572 Referred to Education

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.