As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2022, which is no later than the 3rd year after the year in which this rule is being adopted.

COMMENT: Commenter continues to object to the Department’s determination that passing time and homeroom may not count toward the annual instructional time hourly requirement.

RESPONSE: The comment is outside the scope of the proposed amendment and therefore, no response is necessary.

COMMENT: The commenter states that the waiver process contained in the emergency regulations is overly burdensome and requires school districts to notify the Department that they failed to comply with the instructional requirements in 2018-2019. The commenter requests a more streamlined process where school districts would attest that the district will be unable to fully comply with the new instructional time regulations due to safety or scheduling issues and the district promises to be in full compliance with the regulations by the 2022-2023 school year and that districts will meet the 180 day statutory requirement and that instructional hours during the waiver period will not be fewer than that provided in the 2017-2018 school year. A district that completes this attestation would receive an automatic waiver until 2022-23.

RESPONSE: The Department has considered the comment and believes that the current waiver process is streamlined and consistent with the regulatory requirements. Therefore, no change is warranted.