Meeting of the Board of Regents | April 2008

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

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Proposed Amendments to and Repeals of the Regulations of the Commissioner Relating  to State Aid
DATE:	March 27, 2008
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Discussion

 

Should the Board of Regents amend sections 110.3, 175.4, 175.10(a)(1), 175.11, 175.12, 175.13, 175.15(a), 175.16, 175.17, 175.21, 175.24, 175.37, 175.39(a)(1), 175.40  and repeal sections 100.1(q) and (r), 100.2 (u) and (v), 110.6, 144.1, 144.2, 144.3, 144.4, 144.5, 144.6, 144.9, 144.10, 144.11, 175.7, 175.18, 175.20, 175.22, 175.26, 175.29, 175.32, 175.33, 175.34, 175.36, 175.38 and 175.44 of the Commissioner’s Regulations relating to  State Aid?

 

Reason(s) for Consideration

 

To conform the Commissioner's Regulations to changes in State statutes and to eliminate obsolete provisions.

                                                                                                                                                 

Proposed Handling

 

The question will come before the Regents EMSC Committee for discussion in April 2008 and will be submitted for approval at the June 2008 Regents meeting.

 

Procedural History

 

Not applicable.

 

 

Background Information

 

The proposed amendments and repeals are necessary to implement the Foundation Aid provisions enacted by Chapter 57 of the Laws of 2007 and to otherwise bring the Commissioner’s Regulations into compliance with other statutory changes to the law, and to eliminate obsolete provisions.

 

Chapter 57 of the Laws of 2007 changed the school funding system by replacing approximately 30 State Aid categories with a single Foundation Aid.  Since Operating Aid and other aids replaced by Foundation Aid are referenced throughout parts 100, 110, 144 and 175 of the Commissioner’s Regulations, there is need to amend, as well as repeal, certain sections of these parts.  In addition, other State Aid provisions have become obsolete and need to be repealed.

 

The repeal of sections 100.1(q) and (r) and 100.2(u) and (v) relate to definitions and descriptions regarding declassification support services and educationally related support services.  The aid associated with these services has been combined into Foundation Aid.  Programmatic requirements for declassification support services are provided for in Part 200 of the Regulations of the Commissioner.

 

Section 110.3 is amended to conform with current statutory language.  Section 110.6 is repealed as it relates to a provision in Education Law section of 3602 which has been repealed.  Both sections deal with State Aid for summer school. 

 

The sections of Part 144 being repealed provide for the following obsolete programs:

• Incentive Grants
• Entrepreneurship Grants
• Parenting Education
• Attendance Improvement/Dropout Prevention
• Student Information Systems
• Youth at Risk
• Workforce Prep
• Curriculum and Assessment /School Innovation
• Early Grade Class Size

 

Various sections of Part 175 are amended and repealed to conform with the statutory changes to Education Law section 3602 made by Chapter 57 of the Laws of 2007.  In addition, certain sections of Part 175, related to provisions of State Aid that were either for specific aid years since past or for categories of aid that had previously been discontinued or consolidated, are repealed.

 

A Notice of Proposed Rule Making will be published in the State Register on April 2, 2008. 

 

 

Recommendation

 

It is recommended that the Regents EMSC Committee reach consensus on the intent of the proposed amendments and repeals prior to taking action at its June 2008 meeting.

 

Timetable for Implementation

 

It is anticipated that the proposed amendments and repeals will be submitted to the Board of Regents for adoption at the June 2008 Regents meeting, with an effective date of July 17, 2008.

 

Attachment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 305 and 3602 and Chapter 57 of the Laws of 2007

              1.  Subdivisions (q) and (r) of section 100.1 of the Regulations of the Commissioner of Education are repealed, effective July 17, 2008.

              2.  Subdivisions (u) and (v) of section 100.2 of the Regulations of the Commissioner of Education are repealed, effective July 17, 2008.

              3.  Section 110.3 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 110.3  Attendance and average daily membership in elementary summer schools and secondary summer schools. 

              For purposes of the computation of State aid for summer school programs other than programs eligible for aid pursuant to Education Law[,] section 1950(5):

              (a)  State aid for approved day or evening public elementary and secondary summer schools shall be computed on the basis of 90 hours of maximum attendance for each pupil included in additional aidable pupil units pursuant to paragraph (c) of subdivision (2) of section 3602 of the Education Law.  State aid for approved day or evening public elementary and secondary summer schools shall be computed on the basis of 90 hours of maximum possible attendance for each pupil included in total aidable foundation pupil units pursuant to paragraph (g) of subdivision (2) of section 3602 of the Education Law..

              (b)  Each pupil attending a program of instruction for at least 90 hours in an approved day or evening elementary or secondary summer school shall be counted for one unit of summer school average daily attendance.  Each pupil enrolled in a program of instruction for at least 90 hours in an approved day or evening elementary or secondary summer school shall be counted for one unit of summer school average daily membership.

              (c)  Each pupil attending a program of instruction for less than 90 hours in an approved day or evening elementary or secondary summer school shall be counted for a fraction of one full unit of summer school average daily attendance equal to the quotient of the actual hours of instruction attended divided by 90, expressed as a decimal to two places without rounding.  Each pupil enrolled in a program of instruction for less than 90 hours in an approved day or evening elementary or secondary summer school shall be counted for a fraction of one full unit of summer school average daily membership equal to the quotient of the actual hours of enrollment divided by 90, expressed as a decimal to two places without rounding.

4.  Section 110.6 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              5.  Sections 144.1, 144.2, 144.3, 144.4, 144.5, 144.6, 144.9, 144.10 and 144.11 are repealed, effective July 17, 2008.

6.  Section 175.4 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

              § 175.4 School Attendance affected by epidemics, or manmade or natural disaster, or act of terrorism.

              (a)  For the purpose of this section:

             (1) "epidemic" shall mean  health-related conditions which  adversely affect the attendance of pupils enrolled in the schools  of a district, the duration of which shall be determined by the school physician or the health officer  for the locality in which such  school district is located, provided that, on one or more successive  school days during such  period, such conditions cause a decrease in the actual pupil attendance  of eight percent or more  below the ratio of actual attendance to possible attendance for the  corresponding day or days in  any one of the prior three school years;

              (2)  "manmade or natural disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any manmade or natural causes, other than an act of terrorism, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, war or civil disturbance.

              (3)  "act of terrorism" shall mean such term as defined in subdivision (1) of section 490.05 of the Penal Law.

              (b)  A school district may exclude from its [weighted] average daily attendance, [in the computation of total aidable pupil units for operating aid,] student attendance for those days during the existence of an epidemic, manmade or natural disaster, or act of terrorism upon the approval by the commissioner of an application by the district to exclude such days. An application for such purpose shall contain the following:

              (1)  .   .   .

              (2)  .   .   .

              (3)  .   .   .

              (4)  .   .   .

              (5)  .   .   .

              (c)  .   .   .

              7.  Section 175.7 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

8.  Paragraph (1) of subdivision (a) of section 175.10 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

              (1)  Apportionment shall mean any apportionment of State aid included in the general support for public schools appropriation and moneys apportioned for support of boards of cooperative educational services [,] and employment preparation education aid [and growth aid].          

9.  Section 175.11 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.11 Attendance in public school programs for certain pupils with [handicapping conditions] disabilities.

              (a)  For the purpose of the apportionment of State aid to school districts pursuant to [subdivision 19 of] section 3602 and subdivision 3 of section 4405 of the Education Law, [for the excess cost of educating pupils with handicapping conditions,] the attendance of such pupils shall be calculated [as follows:

              (1)  For the calculation of attendance during the 1984-85 school year and the apportionment of State aid during the 1985-86 school year to school districts pursuant to subdivision 19 of section 3602 and subdivision 3 of section 4405 of the Education Law, the attendance of such pupils shall be calculated in the manner set forth in this paragraph.  A pupil shall be deemed to be in attendance at an approved private school or facility during the period for which such pupil is enrolled at such school or facility.

              (i)  If any pupil with a handicapping condition is in attendance from September through June for a period of less than the full 10 months, the amount which an approved private school or facility may charge for tuition shall be calculated as follows:

              (a)  For each month during which such pupil continues in attendance, one tenth of the allowable annual tuition rate; or

              (b)  for less than one month of attendance, one quarter of one tenth of the allowable annual tuition rate for each week of attendance, not to exceed four weeks in any one month, provided that at least three days in a week shall be considered as one full week. In the event that a pupil is discharged from school in accordance with section 200.5 of this Title during a month, no time of attendance shall be counted beyond the last week in which the pupil actually attends classes.

              (ii)  If any pupil with a handicapping condition is in attendance during  the summer (July  and August) for a period of less than the full approved summer program,  an approved private  school or facility may charge as tuition, for each week of the program  during which such  pupil continues in attendance, the proportion of the allowable summer  tuition rate that one  week bears to the total number of weeks the program is operated,  not to exceed the total  approved summer tuition rate for all weeks in the summer program.  At least three days of attendance during a week shall be considered to be one full week of attendance. In the event that a pupil is discharged during the summer program, no time of attendance shall be counted beyond the last week in which the pupil actually attends classes.

              (2)  For the calculation of attendance during the 1985-86 school year  and thereafter, the  attendance of such pupils shall be calculated ] in the manner set forth  in section 175.6 of this Part. [The attendance so calculated shall be used in the computation of such aid payable in school year 1986-87 and thereafter.]

              (b)  For the purpose of [apportionment of excess cost aid pursuant to subdivision 19 of section 3602 of the Education Law] determining weighted pupils with disabilities pursuant to paragraph (i) of subdivision 1 of section 3602 of the Education Law  and notwithstanding any other provision of this Part, the following definitions shall apply:

              (1)  .   .   .

              (2)  .   .   .  

              (3)  .   .   . 

10.  Section 175.12 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.12 Approved expenditures for programs for education of certain pupils with [certain handicapping conditions] disabilities. 

              For the purpose of the apportionment of State aid to school districts pursuant to [paragraph 5 of] subdivision [19] 5 of section 3602 of the Education Law for the excess cost of educating pupils with certain handicapping conditions, only those costs which are directly attributable to the provision of appropriate special services or programs as defined in subdivision 2 of section 4401 of the Education Law shall be approved. Indirect costs such as those for district-wide administration and transportation costs shall not be approved for such purpose.

11.  Section 175.13 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.13 Computation of attendance and membership for certain pupils with [handicapping conditions] disabilities who attend BOCES classes.

              For purposes of computing average daily attendance pursuant to paragraph (d) of subdivision 1 of section 3602 of the Education Law and average daily membership pursuant to paragraph (l) of subdivision 1 of section 3602 of Education Law, the attendance of those pupils with disabilities attending BOCES classes [who generate aid pursuant to subdivision 19 of such section] and, in the case of districts which are noncomponent of BOCES, of all those pupils with handicapping conditions attending BOCES classes, shall be determined pursuant to the provisions set forth in section 175.6 of this Part. The attendance and membership so determined pursuant to this section shall be added to the average daily attendance and average daily membership of all other pupils determined for the district to provide the average daily attendance and average daily membership required by subdivision 1 of section 3602 of the Education Law.

12.  Subdivision (a) of section 175.15 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

              (a)  For purposes of the [completion of State aid worksheets, including those which are developed annually] computation of State aid, the definitions of expenditures and accrued revenues shall be those set forth in the Uniform System of Accounts formulated by the State Comptroller.

              13.  Section 175.16 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.16 Computation of statewide average approved operating expense per total aidable pupil unit. 

              The statewide average [approved operating]  expense per pupil, for purposes of subparagraph [c] 1 of paragraph [1] a of subdivision [19] 5 of section 3602 of the Education Law, shall be determined using year prior to the base-year-approved operating expense and pupil counts [estimated by each school district by April 15th of the base year].  The commissioner will prepare and estimate the data for each district which has not submitted such data by such date. The statewide estimated approved operating expense for the base year will then be divided by the statewide estimated pupil counts for the base year, and the result rounded to the nearest $50, to arrive at the statewide average approved operating expense per total aidable pupil unit.

14.  Section 175.17 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.17 Approval of computer services expenses in school districts in cities having a population in excess of 125,000 and any other school district which was not a component of a Board of Cooperative Educational Services in the base year.

              (a)  For purposes of the apportionment pursuant to section [3602(17)(c)] 3602(10)(c) of the Education Law, each eligible school district shall [before September 1, 1984 and before August 1st of each year thereafter,] submit for the approval of the commissioner, on forms  prescribed by him, a report of  actual expenses in the base year, as defined in Education Law, section 3602 (1)(b), for computer  services approvable pursuant to subdivision (b) of this section. Commencing with the 2008-09 claim year, such reportshall be submitted as part of the general state aid claim by September 2nd of each year,pursuant to section 3601 of the Education Law.

              (b)  .   .   .

              (c)  Computer services approved for aid pursuant to this section and Education Law, section [3602 (17)(c)] 3602(10) (c) shall not be used to claim reimbursement under the provisions of any other law or regulation. 

15.  Section 175.18 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              16.  Section 175.20 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

17.  Section 175.21 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.21 Instruction of pupils cared for in hospitals or other institutions which provide for care, custody and treatment of children for purposes of State aid.

              (a)  For purposes of determining average daily attendance pursuant to paragraph d of subdivision 1 of section 3602 of the Education Law, the average daily attendance of pupils educated pursuant to subdivision [7] 6 of section 3202 of such law shall be added to the average daily attendance otherwise computed for a district, provided that for pupils receiving educational services from a tutor employed by a board of education, each such pupil shall receive instruction as follows:

              [(a)] (1) At the elementary school level, each such pupil shall receive at least five hours of instruction per week. To the extent possible, at least one hour of instruction shall be provided each day.

              [(b)] (2) At the secondary school level, each such pupil shall receive at least 10 hours of instruction per week. To the extent possible, at least two hours of instruction shall be provided each day.

              (b) For purposes of determining average daily membership pursuant to paragraph 1 of subdivision 1 of section 3602 of Education Law, the average daily membership of pupils educated pursuant to subdivision 6 of section 3202 of such law shall be added to the average daily membership otherwise computed for a district, provided that for pupils receiving educational services from a tutor employed by a board of education, each pupil shall receive instruction as follows:

              (1) At the elementary school level, each pupil shall receive at least five hours of instruction per week.  To the extent possible, at least one hour of instruction shall be provided each day.

              (2) At the secondary school level, each pupil shall receive at least 10 hours of instruction per week.  To the extent possible, at least two hours of instruction shall be provided each day.

              18.  Section 175.22 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              19.  Section 175.24 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.24 Voluntary interdistrict urban-suburban transfer program.

              (a)  Definitions. For the purposes of Education Law, section [3602(36)] 3602(15) and this section:

              (1)  .   .   .

              (2)  .   .   .

              (3)  .   .   .

              (4)  .   .   .

              (5)  .   .   .

              (6)  .   .   .

              (b)  Application procedures. 

              (1)  Urban and suburban districts seeking voluntary interdistrict urban-suburban transfer program aid shall submit their joint application for approval of the commissioner not later than 90 days prior to the proposed date of implementation of the program for the particular school year [, provided that for programs continued in operation in the 1988-1989 school year, the deadline for submission of the application for such school year shall be September 15, 1988].

              (2)  The joint application shall be in a form prescribed by the commissioner and shall contain such information as the commissioner may require, including, but not limited to, the following:

              (i)  a needs assessment;

              (ii)  racial/ethnic enrollment data of the district;

              (iii)  the assurances required pursuant to paragraphs (2) and (3) of subdivision (c) of this section;

              (iv)  a description of the program and planned activities; and

              (v)  the evaluation methodology to be used.

              (c)  Eligibility for aid.  To be approved by the commissioner for purposes of eligibility  for  State aid pursuant to Education Law, section [3602(36)] 3602(15) and this section,  a school district voluntary  interdistrict urban-suburban transfer program shall meet the following  requirements:

              (1)  .   .   .

              (2)  Nonpublic school student participation.  The superintendent of schools of each participating school district shall provide assurances that pupils enrolled in nonpublic elementary and secondary schools located within the school district will be afforded an opportunity to participate in the program on an equitable basis where their participation would assist in achieving a reduction in racial isolation in elementary or secondary schools. Nonpublic school students shall not be included in the transfer pupil count pursuant to paragraph a of subdivision [36] 15 of section 3602 of the Education Law. The expenses incurred by a school district for transportation of nonpublic school students will, however, be eligible for aid pursuant to paragraph d of such subdivision.

              (3)  .   .   .

              (d)  .   .   .

              20.  Section 175.26 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              21.  Section 175.29 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              22.  Section 175.32 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              23.  Section 175.33 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              24.  Section 175.34 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              25.  Section 175.36 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

26.  Section 175.37 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.37 Youth incarcerated in county correctional facilities apportionment. 

 

              (a)  Definitions.  For the purpose of the apportionment computed pursuant to section [3602(35)] 3602(13) of the Education Law, the following definitions shall apply:

              (1)  .   .   .

              (2)  .   .   .

              (3)  .   .   .

              (4)  .   .   .

              (5)  .   .   .  

              (6)  .   .   . 

              (7)  .   .   .  

              (b)  Calculation of the apportionment.  Subject to the available appropriation, each school  district receiving an apportionment pursuant to Education Law, section [3602(35)] 3602(13), shall receive an  amount equal to the lesser of the school district's formula  aid for approved educational services or  the sum of the school district's actual costs of approved educational  services and approved  administrative costs as reported to the commissioner pursuant to  subdivision (c) of this section,  provided that each such school district shall receive in each school  year not less than $15,000.

              (c)  .   .   .

              (d)  .   .   .

              27.  Section 175.38 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.

              28.  Paragraph (1) of subdivision (a) of section 175.39 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

              (1)  As used in paragraph (u) of subdivision [11-a]  (1) of section 3602 of the Education Law  and  in this section, instructional expense shall mean the  sum of all expenditures in the year prior to  the base year directly related to the instructional program in grades  prekindergarten through 12  of the school district, exclusive of tuition paid to another public  school district or to an  institution, other than tuition paid pursuant to a contract authorized  by article 89 of the  Education Law. Such sum shall include general fund, special aid fund, and risk retention fund expenses reported in the annual financial report of the district for the following purposes:

              (i)    .   .   . 

              (ii)   .   .   . 

              (iii)  .   .   . 

              (iv)   .   .   . 

              (v)    .   .   . 

              (vi)   .   .   . 

              (vii)  .   .   . 

              (viii) .   .   . 

              (ix)   .   .   . 

              (x)    .   .   . 

              (xi)   .   .   . 

              (xii)  .   .   .  

              (xiii) .   .   . 

              (xiv)  .   .   . 

              (xv)   .   .   .  

              (xvi)  .   .   . 

              (xvii) .   .   .

              (xviii).   .   .  

              (xix)  .   .   .  

              (xx)   .   .   .  

              (xxi)  .   .   .  

              (xxii) .   .   . 

              (xxiii).   .   . 

              29.  Section 175.40 of the Regulations of the Commissioner of Education is amended, effective July 17, 2008, as follows:

§ 175.40 School attendance affected by religious holiday observance.  

              A board of education of a public school district may, by duly adopted resolution, designate days of religious observance during the official school calendar of any  school year as days when  reduced attendance is anticipated or has actually occurred due to  pupils' observance of such  religious holidays, and may exclude such reduced attendance from  the computation of:

              (a)  .   .   .

              (b)  resident weighted average daily attendance as provided by paragraph [b] a of subdivision 2 of  section 3602 of the Education Law; and

              (c)  adjusted average daily attendance as provided by paragraph b of  subdivision [2-a] 2 of  section 3602 of the Education Law.

30.  Section 175.44 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008.