S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4538
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by Sen. HELMING -- (at request of the Legislative Commission
   on Rural Resources) -- read twice and ordered printed, and when print-
   ed 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01534-01-7
              

 S. 4538                             2
 
 can  be  cost-effective,  and  can  provide flexibility for those school
 districts in fiscal crisis, while maintaining a quality education.
   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.
   § 2. Section 551 of the education law, as added by chapter 414 of  the
 laws of 1972, is amended to read as follows:
   § 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.
   § 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

 S. 4538                             3
 
 eighty days of school  OR  THE  EQUIVALENT  NUMBER  OF  HOURS  OF  PUPIL
 INSTRUCTION.
   § 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.
   § 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.
   § 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.
   § 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

 S. 4538                             4
 
 secondary school weighting, such equivalent attendance shall be  consid-
 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.
   § 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

 S. 4538                             5
 
 public  school  pupils in a full-day kindergarten and grades one through
 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

 S. 4538                             6
 
 school district for computing the aid ratio the weighted  average  daily
 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 adjusted average daily attendance of the
 school district in which such pupil is enrolled.

 S. 4538                             7
 
   §  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.
   § 10.  Paragraph m of subdivision 12 and  subdivision  16  of  section
 3602-e of the education law, paragraph m of subdivision 12 as amended by
 section  19  of part B of chapter 57 of the laws of 2007 and subdivision
 16 as amended by section 18 of part A of chapter 57 of the laws of 2013,
 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 and in addition may disregard
 a reduction for any deficiency that is caused by a delay in the  opening
 of  public  school classes due to extraordinarily adverse weather condi-
 tions or other cause cited in such subdivision seven of section  thirty-
 six  hundred  four  that  results in cancellation of the prekindergarten
 program or of transportation to such program.
   § 11. Subdivisions 7 and 8 of  section  3604  of  the  education  law,
 subdivision  7  as  amended  by section 3 of part B of chapter 54 of the
 laws of 2016 and subdivision 8 as amended by chapter 260 of the laws  of
 2012,  are  amended and five new subdivisions 7-c, 7-d, 7-e, 7-f and 7-g
 are added to read as follows:

 S. 4538                             8
 
   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
 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, a credible threat to
 student safety as reasonably determined by a lead  school  official,  or
 the destruction of a school building either in whole or in part, and if,
 further,  the  commissioner 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 sched-
 uled  regents examination 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, "sched-
 uled 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-C. 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-D. 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

 S. 4538                             9
 
   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-E.  AFTER REVIEW, BUT NOT LIMITED TO THE CONSIDERATIONS SET FORTH IN
 SUBDIVISION SEVEN-D 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
 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-F.  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-G.  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 four 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, notwithstanding any provision of law, rule
 or regulation to the contrary, a school district may elect  to  schedule
 such  conference  days OR THE EQUIVALENT NUMBER OF HOURS in the last two
 weeks of August, subject to collective bargaining requirements  pursuant
 to  article  fourteen  of  the  civil  service law, and such days OR THE
 EQUIVALENT NUMBER OF HOURS shall be counted  towards  the  required  one
 hundred  eighty  days of session, provided however, that such scheduling
 shall not alter the obligation of the school district to provide  trans-
 portation  to students in non-public elementary and secondary schools or
 charter schools. The commissioner shall excuse a deficiency not  exceed-
 ing  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-

 S. 4538                            10
 
 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.
   § 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
 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.
   § 13. This act shall take effect on the first of July next  succeeding
 the date on which it shall have become a law.