(e) Emergency conditions.

(1) Remote instruction due to emergency conditions. If a school district would otherwise close due to an emergency, including but not limited to, extraordinary adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of a school building, or a communicable disease outbreak, the school district may remain in session and provide remote instruction, as defined in section 100.1(u) of this Chapter, and beginning with the 2023-2024 school year such remote instruction shall be consistent with such school district’s emergency remote instruction plan pursuant to section 155.17(c)(1)(xxi) of this Chapter. Instruction provided on these session days may be counted towards the annual hour requirement set forth in subdivision (c) of this section. The superintendent shall certify to the Department, on a form prescribed by the Commissioner, that an emergency condition existed on a previously scheduled session day and that such school district was in session and provided remote instruction on that day and indicate how many instructional hours were provided on such session day and, beginning with the 2023-2024 school year, certify that remote instruction was provided in accordance with the district’s emergency remote instruction plan.

(2) Unscheduled school delays and early releases. Instructional hours that a school district scheduled but did not execute, either because of a delay to the start of a school day or an early release, due to extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, destruction of a school building, or such other cause as may be found satisfactory by the Commissioner, may still be considered as instructional hours for State aid purposes for up to two instructional hours per session day, provided, however, that the superintendent shall certify to the Department, on a form prescribed by the Commissioner, that an extraordinary condition existed on a previously scheduled session day and that school was in session on that day.

2. Section 100.1 of the Regulations of the Commissioner of Education is amended by adding a new subdivision (u) to read as follows:

(u) Remote instruction means instruction provided by an appropriately certified teacher, or in the case of a charter school an otherwise qualified teacher pursuant to Education Law § 2854(3)(a-1), who is not in the same in-person physical location as the student(s) receiving the instruction, where there is regular and substantive daily interaction between the student and teacher.

(1) Remote instruction shall encompass synchronous instruction provided through digital video-based technology and may also include asynchronous instruction intended to complement synchronous instruction. Digital video-based technology includes online technology and videoconferencing technology.

(2) Remote instruction may encompass non-digital and audio-based asynchronous and/or synchronous instruction where such instruction is more appropriate for a student’s educational needs.

3. Subdivision (a) of section 155.17 of the Regulations of the Commissioner of Education is amended to read as follows:

(a) Development of school safety plans. Every board of education of a school district, every board of cooperative educational services and county vocational education and extension board and the chancellor of the City School District of the City of New York shall adopt by July 1, 2001, and shall update by July 1st for the 2002-2003 through the 2015-2016 school years and shall update and adopt by September 1st for the 2016-2017 school year and each subsequent September 1st thereafter, a comprehensive district-wide school safety plan and building-level emergency response plans regarding crisis intervention and emergency response and management, and commencing with the 2023-2024 school year district-wide school safety plans shall include plans for the provision of remote instruction during any emergency school closure, provided that in the City School District of the City of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level emergency response team, as such terms are defined in subdivision (b) of this section, and shall be in a form developed by the commissioner in consultation with the Division of Criminal Justice Services, the superintendent of the State Police and any other appropriate State agencies. Each district-wide school safety plan and building-level emergency response plan shall be reviewed by the appropriate school safety team on at least an annual basis, and updated as needed.

4. Paragraphs (3) and (13) of subdivision (b) of section 155.17 of the Regulations of the Commissioner of Education are amended to read as follows:

Section 100.2 of the Regulations of the Commissioner of Education is amended by adding a new subdivision (pp) to read as follows:

(3) Disaster means occurrence or imminent threat of widespread or severe damage, illness, injury, or loss of life or property resulting from any natural or manmade causes, such as fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, windstorm, wave action, epidemic, air contamination, drought, explosion, water contamination, chemical accident, communicable disease outbreak, war or civil disturbance.

(13) District-wide school safety plan means a comprehensive, multi-hazard school safety plan that covers all school buildings of the school district, BOCES or county vocational education and extension board, that addresses crisis intervention, emergency response and management, and commencing July 1, 2023, provision of remote instruction during an emergency school closure, at the district level and has the contents prescribed in paragraph (c)(1) of this section.

5. Subparagraphs (ix), (xviii) and (xx) of paragraph (1) of subdivision (c) of section 155.17 of the Regulations of the Commissioner of Education are amended and a new subparagraph (xxi) is added to read as follows:

(ix) policies and procedures for contacting parents, guardians or persons in parental relation to the students of the district in the event of a violent incident or an early dismissal or emergency school closure;

(xviii) in the case of a school district, except in a school district in a city having more than one million inhabitants, a system for informing all educational agencies within such school district of a disaster or emergency school closure;

(xx) ensure the development of protocols for responding to a declared state disaster emergency involving a communicable disease that are substantially consistent with the provisions of section 27-c of the Labor Law[.]; and

(xxi) beginning with the 2023-2024 school year and every school year thereafter, an emergency remote instruction plan. For purposes of this subparagraph remote instruction shall have the same meaning as defined in section 100.1(u) of this Chapter. Emergency remote instruction plans shall include:

(a) policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan;

(c) expectations for school staff as to the proportion of time spent in synchronous and asynchronous instruction of students on days of remote instruction under emergency conditions with an expectation that asynchronous instruction is supplementary to synchronous instruction;

(d) a description of how instruction will occur for those students for whom remote instruction by digital technology is not available or appropriate;

(e) a description of how special education and related services will be provided to students with disabilities, as defined in section 200.1(zz) of this Chapter, and preschool students with disabilities, as defined in section 200.1(mm) of this Chapter, as applicable, in accordance with their individualized education programs to ensure the continued provision of a free appropriate public education; and

(f) for school districts that receive foundation aid, the estimated number of instructional hours the school district intends to claim for State aid purposes for each day spent in remote instruction due to emergency conditions pursuant to section 175.5 of this Chapter.

6. Subdivision (f) of section 155.17 of the Regulations of the Commissioner of Education is amended to read as follows:

(f) Reporting. (1) Each superintendent shall notify the commissioner as soon as possible whenever the emergency plan or building-level school safety plan is activated and results in the closing of a school building in the district, and shall provide such information as the commissioner may require in a manner prescribed by the commissioner. [School] In addition, school districts within a supervisory district [shall] may provide such notification through the BOCES district superintendent, who shall be responsible for notifying the commissioner. Such information need not be provided for routine snow emergency days. Provided, however, that for the 2020-21 and 2021-22 school years, districts shall provide such notification for snow emergency days, including those days converted to remote instruction under the 2020-21 and 2021-22 snow day pilot in accordance with the provisions of this subdivision.

(2) Beginning in the 2022-2023 school year, each chief executive officer shall report to the Commissioner, no later than June 30 of each school year, on a form and format prescribed by the Commissioner, the results of the survey on student access to computing devices and access to internet connectivity required pursuant to subparagraph (xxi) of paragraph (1) of subdivision (c) of this section.

1. STATUTORY AUTHORITY:

Section 101 of the Education Law continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.

Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 305(1) and (2) of the Education Law provide the Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents.

Section 308 of the Education Law authorizes the Commissioner to enforce and give effect to any provision in the Education Law or in any other general or special law pertaining to the school system of the State or any rule or direction of the Regents.

Section 1704(2) of the Education Law provides that except as otherwise provided by law, no board of education shall provide for a school year constituting of fewer than 180 days of school.

Section 2801-a of the Education Law requires the board of education or trustees of every school district, board of cooperative educational services, county vocational education and extension board, and the chancellor of the city school district of the city of New York to adopt and amend a comprehensive district-wide school safety plan and building-level emergency response and management plan.

Section 3602 of the Education Law provides for the apportionment of public moneys to school districts employing eight or more teachers.

Section 3604 of the Education Law provides the conditions under which districts are entitled to apportionment of state funds.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents’ policy regarding the provision of remote instruction during emergencies. Specifically, the proposed amendment is necessary to: (1) define the term “remote instruction”; (2) permit districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency and count these instructional days towards minimum instructional requirements; (3) require public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year.

3. NEEDS AND BENEFITS:

The Department previously authorized a “snow day pilot” program during the 2020-2021 and 2021-2022 school years. This program allowed school districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency.

To give districts greater predictability, the Department proposes to amend section 175.5(e) of the Commissioner’s regulations to codify this flexibility. Districts that would otherwise close due to an emergency may provide remote instruction and count these instructional days towards the minimum requirements. Instruction must be provided to all students and be consistent with the definition of remote instruction, as explained below. In addition, beginning with the 2023-2024 school year, such instruction must be consistent with the school district’s emergency remote instruction plan described below.

Additionally, the Department proposes to amend section 155.17 of the Commissioner’s regulations to amend the definition of “disaster” to include communicable disease outbreaks and require that public schools, boards of cooperative educational services (BOCES) and county vocational education and extension boards amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. The public will have an opportunity to provide feedback on such plans for remote instruction prior to their adoption.¹ Such plans must include the methods by which public schools, BOCES and county vocational education and extension boards will ensure the availability of devices, internet access, provision of special education and related services for students with disabilities, and the expectations for time spent in different remote modalities. Additionally, such plans require that each chief executive officer of each educational agency located within a public school district report information on student access to computing devices and access to internet connectivity each year.

The proposed rule also clarifies that school districts may, but are not required to, report the activation of emergency plan or building-level school safety plans that result in the closing of a school building through the district superintendent.

Finally, the Department proposes additions to section 100.1 of the Commissioner’s regulations to define the term “remote instruction.” This definition identifies various ways in which remote instruction may be delivered—but which must include, in all situations, daily regular and substantive teacher-student interaction with an appropriately certified (or, for charter schools, qualified) teacher.

4. COSTS:

(a) Costs to State government: There are no additional costs to State government.

(b) Costs to local government: The proposed amendment requires public schools, BOCES, and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Part of such plans must include policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan. There may be costs to schools, BOCES, and county vocational education and extension boards in ensuring computing devices are made available to students and ensuring that students receiving remote instruction under emergency conditions have access to internet connectivity. However, many schools, BOCES, and county vocational extension boards have already ensured student access to computing devices and internet access in providing remote instruction due to the COVID-19 pandemic. These costs will vary based on the location of the school district and students current access to computing devices and internet connectivity.

(c) Cost to private regulated parties: The proposed amendment does not impose any additional costs on regulated parties.

(d) Cost to the regulatory agency: The proposed amendment will not impose any additional costs on the Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment requires public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Such plans must include:

(a) policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan;

(b) expectations for school staff as to the proportion of time spent in synchronous and asynchronous instruction of students on days of remote instruction under emergency conditions with an expectation that asynchronous instruction is supplementary to synchronous instruction;

(c) a description of how instruction will occur for those students for whom remote instruction by digital technology is not available or appropriate;

(d) a description of how special education and related services will be provided to students with disabilities, as defined in section 200.1(zz) of this Chapter, and preschool students with disabilities, as defined in section 200.1(mm) of this Chapter, as applicable, in accordance with their individualized education programs to ensure the continued provision of a free appropriate public education; and

(e) for school districts that receive foundation aid, the estimated number of instructional hours the school district intends to claim for State aid purposes for each day spent in remote instruction due to emergency conditions pursuant to section 175.5 of this Chapter.

In order for a school district to count a session day where remote instruction was provided towards annual hour requirements set forth in section 175.5(c) of the Commissioner’s regulations, such remote instruction must be consistent with the definition of “remote instruction” and the superintendent must certify to the Department that an emergency condition existed on a previously scheduled session day and that such school district was in session and provided remote instruction on that day and indicate how many instruction hours were provided on such session day and, beginning with the 2023-2024 school year, certify that remote instruction was provided in accordance with the district’s emergency remote instruction plan.

Additionally, beginning in the 2022-2023 school year, each chief executive officer shall report to the Commissioner, no later than June 30 of each school year the results of the survey on student access to computing devices and access to internet connectivity required by the remote emergency instruction plan.

6. PAPERWORK:

The proposed amendment requires public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year as outlined in the “Local Government Mandates” section above.

In order for a school district to count a session day where remote instruction was provided towards annual hour requirements set forth in section 175.5(c) of the Commissioner’s regulations, such remote instruction must be consistent with the definition of “remote instruction” and the superintendent must certify to the Department that an emergency condition existed on a previously scheduled session day and that such school district was in session and provided remote instruction on that day and indicate how many instruction hours were provided on such session day and, beginning with the 2023-2024 school year, certify that remote instruction was provided in accordance with the district’s emergency remote instruction plan.

Additionally, beginning in the 2022-2023 school year, each chief executive officer shall report to the Commissioner, no later than June 30 of each school year the results of the survey on student access to computing devices and access to internet connectivity required by the remote emergency instruction plan.

7. DUPLICATION:

The proposed amendment does not duplicate any other existing State or Federal requirements.

8. ALTERNATIVES:

The proposed rule is necessary to implement Regents’ policy regarding the provision of remote instruction during emergencies. Specifically, the proposed amendment is necessary to: (1) define the term “remote instruction”; (2) permit districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency and count these instructional days towards minimum instructional requirements; (3) require public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Therefore, no significant alternatives were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the July 2022 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 60-day public comment period required under the State Administrative Procedure Act. If adopted at the July 2022 meeting, the proposed amendment will become effective on July 27, 2022. The proposed rule requires that plans for remote emergency instruction will need to be incorporated into district-wide school safety plans beginning with the 2023-2024 school year. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

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¹ School districts must accept public comment at least 30 days prior to their adoption. Additionally, districts must convene at least one public hearing that allows for the participation of school personnel, parents, students and any other interested parties.

(a) Small businesses:

The proposed amendment is consistent with the above statutory authority and is necessary to implement Regents’ policy regarding the provision of remote instruction during emergencies. Specifically, the proposed amendment is necessary to: (1) define the term “remote instruction”; (2) permit districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency and count these instructional days towards minimum instructional requirements; (3) require public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year.

Because it is evident from the nature of the proposed rule that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The rule applies to all school districts, BOCES, county vocational education and extension boards required to adopt and implement comprehensive district-wide school safety plans and building-level emergency response plans as required by Education Law 2801-a.

2. COMPLIANCE REQUIREMENTS:

The proposed amendment requires public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Such plans must include:

(a) policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan;

(c) expectations for school staff as to the proportion of time spent in synchronous and asynchronous instruction of students on days of remote instruction under emergency conditions with an expectation that asynchronous instruction is supplementary to synchronous instruction;

(d) a description of how instruction will occur for those students for whom remote instruction by digital technology is not available or appropriate;

(e) a description of how special education and related services will be provided to students with disabilities, as defined in section 200.1(zz) of this Chapter, and preschool students with disabilities, as defined in section 200.1(mm) of this Chapter, as applicable, in accordance with their individualized education programs to ensure the continued provision of a free appropriate public education; and

(f) for school districts that receive foundation aid, the estimated number of instructional hours the school district intends to claim for State aid purposes for each day spent in remote instruction due to emergency conditions pursuant to section 175.5 of this Chapter.

In order for a school district to count a session day where remote instruction was provided towards annual hour requirements set forth in section 175.5(c) of the Commissioner’s regulations, such remote instruction must be consistent with the definition of “remote instruction” and the superintendent must certify to the Department that an emergency condition existed on a previously scheduled session day and that such school district was in session and provided remote instruction on that day and indicate how many instruction hours were provided on such session day and, beginning with the 2023-2024 school year, certify that remote instruction was provided in accordance with the district’s emergency remote instruction plan.

Additionally, beginning in the 2022-2023 school year, each chief executive officer shall report to the Commissioner, no later than June 30 of each school year the results of the survey on student access to computing devices and access to internet connectivity required by the remote emergency instruction plan.

3. PROFESSIONAL SERVICES:

The proposed rule does not impose any additional professional services requirements on local governments.

4. COMPLIANCE COSTS:

The proposed amendment requires public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Part of such plans must include policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall annually survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan. There may be costs to schools, BOCES, and county vocational education and extension boards in ensuring computing devices are made available to students and ensuring that students receiving remote instruction under emergency conditions have access to internet connectivity. However, many schools, BOCES, and county vocational extension boards have already ensured student access to computing devices and internet access in providing remote instruction due to the COVID-19 pandemic. These costs will vary based on the location of the school district and students current access to computing devices and internet connectivity.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any technological requirements on local governments. Regarding economic feasibility see “COSTS” section above.

6. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Regents’ policy regarding the provision of remote instruction during emergencies. Specifically, the proposed amendment is necessary to: (1) define the term “remote instruction”; (2) permit districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency and count these instructional days towards minimum instructional requirements; (3) require public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. While schools, BOCES and county vocational education and extension boards may incur costs in implementing the proposed rule as outlined in the “COSTS” section above, the proposed rule is necessary to ensure that students receive meaningful instruction when being provided remote instruction during emergencies. There were no significant alternatives considered.

7. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts and from charter schools.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed rule applies to school districts, boards of cooperative educational services (BOCES), charter schools and county vocational education and extension boards, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment requires public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Such plans must include:

(a) policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall annually survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan;

(c) expectations for school staff as to the proportion of time spent in synchronous and asynchronous instruction of students on days of remote instruction under emergency conditions with an expectation that asynchronous instruction is supplementary to synchronous instruction;

(d) a description of how instruction will occur for those students for whom remote instruction by digital technology is not available or appropriate;

(e) a description of how special education and related services will be provided to students with disabilities, as defined in section 200.1(zz) of this Chapter, and preschool students with disabilities, as defined in section 200.1(mm) of this Chapter, as applicable, in accordance with their individualized education programs to ensure the continued provision of a free appropriate public education; and

(f) for school districts that receive foundation aid, the estimated number of instructional hours the school district intends to claim for State aid purposes for each day spent in remote instruction due to emergency conditions pursuant to section 175.5 of this Chapter.

In order for a school district to count a session day where remote instruction was provided towards annual hour requirements set forth in section 175.5(c) of the Commissioner’s regulations, such remote instruction must be consistent with the definition of “remote instruction” and the superintendent must certify to the Department that an emergency condition existed on a previously scheduled session day and that such school district was in session and provided remote instruction on that day and indicate how many instruction hours were provided on such session day and, beginning with the 2023-2024 school year, certify that remote instruction was provided in accordance with the district’s emergency remote instruction plan.

Additionally, beginning in the 2022-2023 school year, each chief executive officer shall report to the Commissioner, no later than June 30 of each school year the results of the survey on student access to computing devices and access to internet connectivity required by the remote emergency instruction plan.

3. COSTS:

The proposed amendment requires public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Part of such plans must include policies and procedures to ensure computing devices will be made available to students or other means by which students will participate in synchronous instruction and policies and procedures to ensure students receiving remote instruction under emergency conditions will access internet connectivity. Each chief executive officer of each educational agency located within a public school district shall survey students and parents and persons in parental relation to such students to obtain information on student access to computing devices and access to internet connectivity to inform the emergency remote instruction plan. There may be costs to schools, BOCES, and county vocational education and extension boards, including those located in rural areas, in ensuring computing devices are made available to students and ensuring that students receiving remote instruction under emergency conditions have access to internet connectivity. However, many schools, BOCES, and county vocational extension boards have already ensured student access to computing devices and internet access in providing remote instruction due to the COVID-19 pandemic. These costs will vary based on the location of the school district and students current access to computing devices and internet connectivity.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement Regents’ policy regarding the provision of remote instruction during emergencies. Specifically, the proposed amendment is necessary to: (1) define the term “remote instruction”; (2) permit districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency and count these instructional days towards minimum instructional requirements; (3) require public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. While schools, BOCES and county vocational education and extension boards may incur costs in implementing the proposed rule as outlined in the “COSTS” section above, the proposed rule is necessary to ensure that students receive meaningful instruction when being provided remote instruction during emergencies. Therefore, no alternatives were considered for school districts, BOCES, and county vocational education and extension boards located in rural areas.

5. RURAL AREA PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts and from charter schools, including those in rural areas.

The purpose of the proposed rule is to implement Regents’ policy regarding the provision of remote instruction during emergencies. Specifically, the proposed amendment is necessary to: (1) define the term “remote instruction”; (2) permit districts to deliver instruction remotely on days in which it would otherwise have closed due to an emergency and count these instructional days towards minimum instructional requirements; (3) require public schools, board of cooperative educational services (BOCES), and county vocational education and extension boards to amend their district-wide school safety plans to include plans for remote instruction beginning with the 2023-2024 school year. Because it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.