Revised March 2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Text Box: The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, national origin, race, or sexual orientation in the educational programs and activities which it operates. Portions of this publication can be made available in a variety of formats, including Braille, large print or audio tape, upon request. Inquiries concerning this policy of equal opportunity and affirmative action should be referred to the Department’s Affirmative Action Officer, State Education Department, Albany, NY 12234.
 

 

 



TABLE OF CONTENTS

 

 

 

 

2004 CALENDAR                                                                                                                   4

 

I.          INTRODUCTION                                                                                                       5

 

II.        SUMMER SCHOOL PROGRAM REQUIREMENTS                                           5

 

            Resident Students – Public, Nonpublic and Home Schooled                                            6

            Nonresident Students                                                                                                      7

            Students with Disabilities                                                                                                 7

            Attendance                                                                                                                     7

            Funding Sources                                                                                                             8

            Driver Education                                                                                                             8

            Contracting for Instruction                                                                                               8

            Post-Secondary Credit-Bearing Courses                                                                         9

            Physical Education                                                                                                          9

            Cardiac Automated External Defibrillators (AED)                                                            9

            Fire Drills                                                                                                                       9

                Provision of Health Service                                                                                             9

            Library Services                                                                                                           10

 

III.       COURSE REQUIREMENTS AND CREDIT                                                        10

 

            Summer course taken without regard to previous course work                           10

            Summer course taken to improve an existing grade                                                        10

            Minimum Attendance for Course Credit                                                                        10

            Recognition of Earned Credit                                                                                        10

 

IV.       STATE AID                                                                                                               11

 

V.        STATE ASSESSMENTS                                                      14

 

VI.       COMMISSIONER’S REGULATIONS                                          14                        16

 

STATE EDUCATION DEPARTMENT CONTACTS                                                       20

 

 

 

 

 

 

               

 

 2004 CALENDAR

February 2

BOCES CO-SER, due,  if applicable

May 25,26,27

(Tu, Wed, Th)

Summer School Administrator’s Conference

Gideon Putnam Hotel, Saratoga Springs

June 1

Certification of Intent to Conduct Summer School 2004 and Application for Approval of Summer Driver Education 2004  received by SED

June  21-26

Summer School Registration

July 1

First day for which State aid may be paid

July 5

Legal Holiday - no classes

August  17-18

State Examinations

August 31

Summer School Enrollment Summary Report 2004 due

 

 

Rules Limiting the Calendar

 

1.                  No summer school State aid may be paid before July 1 or after August 30.  No aid is paid for Saturdays, Sundays or legal holidays.

2.                  Summer School may not meet on July 4 or, if July 4 is a Sunday, on July 5.

3.                  Summer school typically is in session for at least 30 days of instruction. 

4.                  The State Education Department does not schedule Regents examinations on days of known religious observance.

5.                  Two days are necessary for Regents examinations because the English Regents Examination requires two three-hour sessions.

 

 

I.   INTRODUCTION

 

            School districts, boards of cooperative educational services (BOCES) or nonpublic schools may provide summer school, but are not required to do so.  Summer school is an additional opportunity to meet the needs of students by providing courses for enrichment, acceleration, improvement of skills or making up course work from the regular school year.

 

            Schools may offer any course during the summer that could have been offered during the regular school year including courses to prepare for examinations such as the Regents examinations or Regents Competency Tests (RCT).  Summer school is also an excellent vehicle for delivering Academic Intervention Services (AIS) mandated by sections 100.1(g) and 100.2(ee) of the Commissioner's regulations.

           

           This handbook highlights several summer school program requirements and contains Part 110 of the Commissioner's regulations pertaining to summer school.  For complete and specific requirements, school districts should refer to the Education Law, the Commissioner's regulations, Commissioner's decisions and other applicable laws, regulations and policies.

 

 

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II.   SUMMER SCHOOL PROGRAM REQUIREMENTS

          

           To be approved, schools and BOCES must file a Certificate of Intent to Conduct Summer School no later than June 1, 2004.

 

           School districts that operate elementary and secondary summer school programs must:

 

§         use the building(s) and equipment of such school or other suitable facility as approved by the Commissioner.

 

§         employ a principal certified in this State, to be present at each school where a summer school program is operated (8 NYCRR 100.2[a]).

 

§         employ teachers who are appropriately certified to teach in the schools of this State, use paraprofessionals, as needed, and, for secondary summer school, assign such teachers to teach only the courses in which they are certified.

 

§         provide courses of at least 20 hours of instruction during the months of July and August, exclusive of days used for registration, administration of final examinations or Regents examinations.

 

§         for elementary schools, provide daily instructional sessions of at least one hour but not more than five hours.

 

§         for secondary schools, provide daily instructional sessions of at least one hour but not more than five and one half-hours.

 

§         administer Regents examinations in accordance with the Commissioner’s regulations.

 

           Boards of Cooperative Educational Services (BOCES) that operate summer school programs may provide, at the request of two or more component school districts, an elementary and/or secondary school program during the months of July and August. Component schools shall award credit to students who successfully complete credit-bearing academic courses offered by BOCES as if the courses had been provided by the district itself.  If a BOCES offers a summer school program, it must:

§         use the building(s) and equipment of a BOCES center, a leased facility or other suitable facility approved by the Commissioner.

 

§         employ a principal certified in this State, to be present at each center or facility where a summer school program is operated (8 NYCRR 100.2[a]).

 

§         employ teachers who are appropriately certified to teach in the schools of this State, use paraprofessionals, as needed, and, for secondary summer school, assign such teachers to teach only the courses in which they are certified.

 

§         use curricula and course content that are determined cooperatively by the BOCES and participating component districts.

 

§         conduct courses of at least 20 hours of instruction.

 

§         provide daily instructional sessions of at least one hour, but not more than five hours, for elementary programs, and daily instructional sessions of at least one hour, but not more than five and one-half hours, for secondary programs.

 

§         administer Regents examinations in accordance with the Commissioner’s regulations.

 

Resident Students – Public, Nonpublic and Home Schooled

 

              When a school district operates a summer school or participates in a BOCES regional summer school, all resident students, including public, nonpublic, and home schooled students, are entitled to attend the district’s summer school program. For the purpose of summer school instruction, a resident nonpublic school student is not considered to be an enrollee of the nonpublic school (4 Ed Dept Rep 231). A school district or BOCES cannot charge resident students fees for any part of the district's program offered to meet high school diploma requirements.  However, students must meet any academic requirements for a particular course.

 

           School districts may seek recovery of costs for lost books or other liability that an individual student may incur.  However, school districts may not withhold admission to the next semester, report cards, transcripts, recommendation letters, textbook loans, or other entitlement for lack of payment.

 

Nonresident Students

 

              A school district operating a summer school or participating in a BOCES regional summer school may accept nonresident students. A district must treat all nonresident applicants equally and may charge tuition calculated in accordance with section 174.2 of the Commissioner's regulations.

 

Students with Disabilities

 

Students with disabilities are entitled to attend summer school on the same basis as their nondisabled peers. Students who qualify under Section 504 of the Rehabilitation Act of 1973 are entitled to those accommodations deemed necessary to ensure access to all public school programs and activities.  If a student with a disability requires accommodations to participate in a summer school program, the district is required to provide necessary supports and services, including testing accommodations.

 

              Students with disabilities receive extended school year programs and services (ESY) if the student's CSE determines that the programs and services are required to prevent substantial regression during July and August.  ESY operates under different program requirements, funding mechanism and approval process than summer school. Additional information concerning ESY is contained in "Guidelines and Applications for Approval of NEW Extended School Year Programs and Services for Eligible School Age (5-21) Students with Disabilities, July/August 2003," which is available at www.vesid.nysed.gov/specialed/ publications/policy/julyaug2003.htm or by calling Lore Hetzner in VESID Special Education Quality Assurance at (518) 473-0607.

 

Attendance

 

            Part 104 of the Commissioner’s regulations pertaining to attendance apply to all students enrolled in scheduled instruction during the school year from July 1st through June 30th, including summer school.  Every public and nonpublic elementary, middle and secondary school must maintain a record of each pupil's presence, absence, tardiness and early departure in a manner that complies with section 104.1 of the Commissioner's regulations. The regulations specifically authorize school districts to adopt minimum attendance requirements, which distinguish between excused and unexcused student absences for the purpose of awarding course credit.

 

            Districts and BOCES must use the same attendance policy for summer school that is used during the regular school year. Districts and BOCES must use the same attendance policy for summer school that is used during the regular school year. If the policy includes a minimum standard of attendance in order for a pupil to be eligible for course credit, the district would be expected to apply the same standard to summer school by prorating the number of absences allowed during the regular school year.  School districts are encouraged to state specific attendance requirements for summer school in the district’s comprehensive attendance policy.