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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
EMSC-VESID Committee |
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FROM: |
Jean C. Stevens |
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SUBJECT: |
Proposed Amendment to the Regulations of the
Commissioner Relating to Pupil Attendance Recordkeeping for Nonpublic
Schools |
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DATE: |
March 6, 2007 |
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STRATEGIC
GOAL: |
Goals 1 and 2 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for Discussion
Should the Board of Regents approve the proposed amendment to the Regulations of the Commissioner relating to pupil attendance recordkeeping for nonpublic schools?
Reason(s) for Consideration
Review of Policy.
Proposed Handling
This question will come before the Regents EMSC-VESID Committee on March 19, 2007.
Procedural History
Not applicable.
Background Information
The purpose of the proposed amendment to section 104.1 of the Regulations of the Commissioner is to release nonpublic schools from the mandate to take and record the attendance of each pupil in grades 9 through 12, or in departmentalized schools at any grade level, in each period of scheduled instruction, and the mandate to adopt a comprehensive attendance policy. The Board of Regents adopted these mandates for public and nonpublic schools in 2001. While the mandates will continue to be in place for public schools, nonpublic schools will be required to take attendance and record each pupil’s presence or absence once per school day.
In the Fall of 2006, State Education Department staff surveyed 42 nonpublic schools to determine nonpublic schools' compliance with the 2001 amendment to section 104.1. Based upon the survey results, the Department has determined that, since nonpublic schools generally had sufficient systems in place to ensure very high attendance rates prior to the 2001 amendment, the additional attendance requirements imposed on nonpublic schools by the 2001 amendment are unnecessary and excessively costly.
The proposed amendment is being presented for adoption as an emergency action. A Statement of Facts and Circumstances Which Necessitate Emergency Action is attached. Notice of Proposed Rule Making will be published in the State Register on April 11, 2007.
Recommendation
It is recommended that the Board of Regents take the following action:
VOTED: That section 104.1 of the Regulations of the Commissioner be amended as submitted, effective April 2, 2007, 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 immediately establish revised criteria for pupil attendance recordkeeping by nonpublic elementary and secondary schools in order to ensure that such schools do not incur additional costs for attendance recordkeeping in the 2006-07 school year.
Timetable for Implementation
It is anticipated that the proposed amendment will be submitted to the Board of Regents for adoption as a permanent rule at the June 2007 meeting.
AMENDMENT
OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 101, 207, 305, 3024, 3205, 3210 and 3211 of the
Education Law
Section
104.1 of the Regulations of the Commissioner of Education is amended, effective
April 2, 2007, as follows:
§104.1 Pupil attendance
recordkeeping.
(a) Purpose. The purpose of this section is
to:
(1) . . .
(2) establish a practical
mechanism for every public [and nonpublic] elementary, middle and secondary
school in the State of New York to account to the parents of all children
enrolled in such schools for the whereabouts of such children throughout each
school day; [and]
(3) ensure sufficient pupil
attendance at all scheduled periods of actual instruction or supervised study
activities to permit such pupils to succeed at meeting the State learning
standards[.]; and
(4) establish a practical
mechanism for every nonpublic elementary, middle and secondary school in the
State of
(b) Definitions. Whenever used in this section, the
following terms shall have the respective meanings hereinafter set forth or
indicated:
(1) . . .
(2) . . .
(3) Scheduled instruction. Every period that a pupil at a public
school is scheduled to attend actual instructional or supervised study
activities during the course of a school day during the school year from July 1
through June 30.
(4) . . .
(5) . . .
(c) . . .
(d)
The register of attendance shall set forth at least the following for each
pupil:
(1) . . .
(2) . . .
(3) . . .
(4) . . .
(5) . . .
(6) . . .
(7) a record of the pupil’s attendance on
each day of scheduled instruction.
[Commencing July 1, 2003, attendance]
(i) Public schools. Attendance at public
schools
shall be taken and recorded in accordance with the
following:
[(i)] (a) for pupils in non-departmentalized
kindergarten through grade eight such pupil’s presence or absence shall be
recorded after the taking of attendance once per school day, provided that if
pupils in such schools are dismissed from school grounds during a lunch period,
each such pupil’s presence or absence shall also be recorded after the taking of
attendance a second time upon the pupil’s return from the lunch period each
school day;
[(ii)]
(b) for pupils in grades
nine through twelve or in departmentalized schools at any grade level, each such
pupil’s presence or absence shall be recorded after the taking of attendance in
each period of scheduled instruction except that where such pupils do not change
classrooms for each period of scheduled instruction attendance shall be taken in
accordance with subparagraph (i) of this paragraph;
[(iii)] (c) any absence for a school day or portion
thereof shall be recorded as excused or unexcused in accordance with the
standards articulated in the comprehensive attendance policy adopted in
accordance with subdivision (i) of this section;
[(iv)] (d) in the event that a pupil at any
instructional level from kindergarten through grade twelve arrives late for or
departs early from scheduled instruction, such tardiness or early departure
shall be recorded as excused or unexcused in accordance with the standards
articulated in the comprehensive attendance policy;
(ii) Nonpublic schools. For pupils in nonpublic schools, such
pupil’s presence or absence shall be recorded after the taking of attendance
once per school day;
(8) . . .
(9) . . .
(e) . . .
(f) .
. .
(g) . . .
(h) [Commencing with the 2003-2004 school
year, pupil] Pupil attendance records shall be reviewed by the principal
of every public school building [and the administrator in charge of every
nonpublic school] as well as the individual designated in each school building
in accordance with subdivision (i)(2)(ix) of this section for the purpose of
initiating appropriate action to address unexcused pupil absence, tardiness and
early departure consistent with the comprehensive attendance policy described in
subdivision (i) of this section.
(i) Comprehensive Attendance Policy.
(1) Requirement. [On or before June 30, 2003, each] Each public school district,
board of cooperative educational services (BOCES), charter school[,] and
county vocational education and extension board [and nonpublic elementary,
middle and secondary school] shall adopt and maintain a comprehensive
attendance policy that contains the elements described in paragraph (2) of this
subdivision. The purpose of the
policy shall be to ensure the maintenance of an adequate record verifying the
attendance of all children at instruction in accordance with Education Law
sections 3205 and 3210 and establish a mechanism by which the patterns of pupil
absence can be examined to develop effective intervention strategies to improve
school attendance. A public school
district, BOCES, charter school or county vocational education and extension
board shall adopt its comprehensive attendance policy only after at least one
public hearing that provides for the participation of school personnel, parents,
students and any other interested party.
(2) Content of the policy. The board of education, board of
cooperative educational services, charter school board[,] and county
vocational education and extension board[, and administrator of a nonpublic
school] shall incorporate the following elements into the comprehensive
attendance policy:
(i) . . .
(ii) . . .
(iii) . . .
(iv) . . .
(v) a description of the school district,
BOCES, charter school[,] and county vocational education and extension
board [or nonpublic school] policy regarding pupil attendance and a pupil’s
ability to receive course credit.
Any board of education, board of cooperative educational services,
charter school board or county vocational education and extension board that
adopts a policy establishing a minimum standard of attendance in order for a
pupil to be eligible for course credit shall have the authority to determine
that a properly excused pupil absence, for which the pupil has performed any
assigned make up work, shall not be counted as an absence for the purpose of
determining the pupil’s eligibility for course credit under such policy. In the event a board of education, board
of cooperative educational services, charter school board or county vocational
education and extension board adopts a minimum attendance standard as a
component of its policy, such policy shall include a description of the notice
to a pupil’s parent(s) or person(s) in parental relation as well as the specific
intervention strategies to be employed prior to the denial of course credit to
the pupil for insufficient attendance.
(vi) . . .
(vii) . . .
(viii) . . .
(ix) . . .
(3) The board of education, board of
cooperative educational services, charter school board[,] and county
vocational education and extension board [and governing body of a nonpublic
school] shall annually review the building level pupil attendance records and if
such records show a decline in pupil attendance the board or governing body
shall revise the comprehensive pupil attendance policy and make any revisions to
the plan deemed necessary to improve pupil attendance.
(4) Each board of education, board of
cooperative educational services, charter school board[,] and county
vocational education and extension board[, and nonpublic school] shall promote
necessary community awareness of its comprehensive attendance policy
by:
(i) . . .
(ii) . . .
(iii) . . .
PROPOSED
AMENDMENT TO SECTION 104.1 OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
PURSUANT TO EDUCATION LAW SECTIONS 101, 207, 305, 3024, 3205, 3210 and 3211,
RELATING TO PUPIL ATTENDANCE RECORDKEEPING
STATEMENT
OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY
ACTION
The purpose of the proposed amendment is to
prescribe requirements for pupil attendance recordkeeping by nonpublic
elementary and secondary schools.
Specifically, the proposed amendment releases nonpublic schools from the
mandate to take and record the attendance of each pupil in grades nine through
twelve, or in departmentalized schools at any grade level, in each period of
scheduled instruction, and the mandate to adopt a comprehensive attendance
policy. Nonpublic
schools will be required to take attendance and record each pupil’s presence or
absence once per school day.
In 2001, section 104.1 of the Commissioner's Regulations was amended to
establish extensive pupil attendance recordkeeping requirements, including a
requirement that each public and nonpublic school adopt comprehensive attendance
policies. The amendment also
provided that, for students in grades nine through twelve or in departmentalized
schools at any grade level, each student's presence or absence shall be recorded
after the taking of attendance in each period of scheduled instruction. An exception was provided in instances
where students do not change classrooms for each period of scheduled
instruction, in which case, attendance is to be taken once per school day,
provided that if pupils are dismissed from school grounds during a lunch period,
each pupil's presence or absence shall also be recorded after the taking of
attendance a second time upon the pupil's return each school
day.
In the Fall of 2006, State Education
Department staff surveyed 42 nonpublic schools to determine nonpublic schools'
compliance with section 104.1 of the Commissioner's Regulations. After review of the survey results, the
Department determined that nonpublic schools generally had sufficient systems in
place prior to the 2001 amendment of
section 104.1 to ensure very high attendance rates and that the
additional attendance requirements imposed on nonpublic schools by the 2001
amendment are unnecessary and excessively costly.
The proposed amendment will reduce recordkeeping, paperwork, and costs
for nonpublic elementary and secondary schools, by releasing such schools from
the mandate to take and record the attendance of each pupil in grades nine
through twelve, or in departmentalized schools at any grade level, in each
period of scheduled instruction, and the mandate to adopt a comprehensive
attendance policy.
Emergency
adoption of the proposed amendment is necessary for the preservation of the
general welfare in order to immediately establish revised criteria for pupil
attendance recordkeeping by nonpublic elementary and secondary schools
in order to ensure that such schools do not incur additional costs for
attendance record-keeping in the 2006-2007 school year.
It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at the June 2007 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.