0306emscvesida1

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	EMSC-VESID Committee
FROM:	Jean C. Stevens
SUBJECT:	Proposed Amendment to Regulations of the Commissioner Relating to Length of A School Day for State Aid Purposes
DATE:	February 28, 2006
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

SUMMARY

Issue for Decision

Should the Board of Regents approve the amendment to section 175.5 of the Regulations of the Commissioner to enable schools to count for State aid purposes a school day that includes a half-day Regents examination session?

Reason(s) for Consideration

Regents policy.

Proposed Handling

This question will come before the Regents EMSC-VESID Committee on March 20, 2006 for adoption as an emergency measure. It will come before the Committee for confirmation as a permanent rule at its May meeting.

Procedural History

The Regents EMSC-VESID Committee discussed at its February 2006 meeting the addition of a half-day to the June Regents examination schedule and members directed Department staff to proceed with the required change in Commissioner’s Regulations.

Background Information

Under current regulations, in order for a school day to be counted for State aid purposes, students in grades 7 through 12 must attend school for a minimum of five and one-half hours. Subdivision (b) of section 175.5 allows an exception to this rule where a school day of less than five and one-half hours is conducted because of certain circumstances specified in the subdivision. The purpose of the proposed amendment to section 175.5(b) is to add the scheduling of Regents examinations to the list of permissible circumstances allowing an exception. As a result, schools would be able to count for State aid purposes a school day that includes a half-day Regents examination session. In addition, the Department would be able to provide school districts and BOCES with a more flexible Regents examination schedule that minimizes the number of instances in which general education students and students with disabilities might be expected to take two examinations required for a diploma on the same day.

Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents. A Notice of Proposed Rule Making will be published in the State Register no later than March 15, 2006. A Statement of Facts and Circumstances Which Necessitate Emergency Action is attached.

Recommendation

VOTED: That subdivision (b) of section 175.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 28, 2006, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that school districts have sufficient advance notice so that they may adjust their schedules to make provision for the additional half-day for the administration of the June 2006 Regents examinations and to include that day for the purpose of apportionment of State Aid.

Timetable for Implementation

The proposed amendment will become effective March 28, 2006. It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the May 2006 meeting of the Board of Regents.

PROPOSED AMENDMENT OF SECTION 175.5 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207 and 3602(1)(d) OF THE EDUCATION LAW, RELATING TO THE LENGTH OF A SCHOOL DAY FOR STATE AID PURPOSES.

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

The proposed amendment is necessary to implement revisions to policy adopted by the Board of Regents in February 2006.

Pursuant to section 175.5(a) of the Commissioner's Regulations, in order for a school day to be counted for State aid purposes, students in Grades 7 through 12 must attend school for a minimum of five and one-half hours. Subdivision (b) of section 175.5 allows an exception to this rule where a school day of less than five and one-half hours is conducted because of certain circumstances specified in the subdivision. The proposed amendment to section 175.5(b) would add the scheduling of Regents examinations to the list of permissible circumstances allowing an exception.

As a result, schools would be able to count for State aid purposes a school day that includes a Regents Examination session. In addition, the Department would be able to provide schools with a more flexible Regents Examination schedule that minimizes the number of instances in which general education students and students with disabilities might be expected to take two examinations required for a diploma on the same day.

At their February 2006 meeting, the Board of Regents approved an additional half-day for the administration of the June 2006 Regents examinations.

Emergency action to adopt the proposed amendment is necessary for the preservation of the general welfare in order to ensure that school districts have sufficient advance notice so that they may adjust their schedules to make provision for the additional half-day for the administration of the June 2006 Regents examinations and to include that day for the purpose of apportionment of State aid.

It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at the May 2006 meeting of the Board of Regents, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 207 and 3602(1)(d)

Subdivision (b) of section 175.5 of the Regulations of the Commissioner of Education is amended, effective March 28, 2006, as follows:

(b) The provisions of subdivision (a) of this section shall not apply to school days during which a session of less than the minimum number of hours is conducted because of extraordinary adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of a school building, the scheduling of Regents examinations, or such other cause as may be found satisfactory by the commissioner.