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:

May 1, 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 in May for approval. 

 

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 Commissionerís Regulations.  The Committee adopted a proposed amendment to section 175.5 of the Commissionerís Regulations relating to this change as an emergency measure at its March meeting, effective March 28, 2006.  The proposed amendment is before the Committee in May for adoption as a permanent rule.

 

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 was published in the State Register on March 15, 2006. 

 

Recommendation

 

VOTED:  That subdivision (b) of section 175.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 15, 2006.

 

Timetable for Implementation

 

          The amendment was adopted at the March Regents meeting as an emergency measure, effective March 28, 2006.  The effective date of its permanent adoption at the May Regents meeting will be June 15, 2006.


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 June 15, 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.