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Agudath Israel of America

Community Services

42 Broadway, New York, NY 10004 ( (212) 797-9000 ( Fax (646) 254-1650

June 8, 2015

TABLE OF CONTENTS

NATIONAL ISSUES:

Annual Certification of Racial Non-Discrimination

NEW YORK STATE ISSUES:

MaryEllen Elia Appointed New Commissioner of the New York State Education Department

Changes in Immunization Requirements for School Year 2015-2016

Hold The Date: Next Year’s Conference for Administrators of Religious and Independent Schools

NEW YORK CITY ISSUES:

New York City Department of Education Calendar for School Year 2015-2016

Days of Religious Significance in the Jewish Calendar During the 2015-2016 School Year

Transportation for the 2015-2016 School Year

a) Ten-Day Transportation for School Year 2015-2016

b) Transportation for Special Education Students

c) Transportation for Late Dismissal

i) Busing Provided by OPT

ii) Reimbursement for Late Dismissal Transportation

a. Transportation for Field Trips

b. Change in School Locations for School Year 2015-2015

Opening of State Loan Programs for School Year 2015-2016

National Issues:

ANNUAL CERTIFICATION OF RACIAL NON-DISCRIMINATION

Internal Revenue Form 5578 (Annual Certification of Racial Non-Discrimination) must be filed annually by the following institutions whether operated as a separate legal entity or as an activity of a “church:” Included in this definition are pre-schools, primary, secondary, preparatory, high schools and colleges. Form 5578 must be filed annually within four and a half months after the fiscal year if the institution does not file a Form 990 (Return of Organization Exempt from Income Tax). If the institution is required to file Form 990, then the certification of racial non-discrimination should be made on Schedule A of Form 990.

In addition, schools are required to annually publicize the racial nondiscriminatory policy to the general community served by the school. In most cases, a yeshiva may place its notices in popular weekly and monthly publications serving the Orthodox Jewish community. The notice must appear in a section of the newspaper likely to be read by prospective students and their families and it must occupy at least three column inches. It must be captioned in at least 12-point boldface type as a “notice of nondiscriminatory policy as to students” and its text must be printed in at least 8-point type. The following notice will be acceptable:

Notice of Nondiscriminatory Policy as to Students

The M school admits students of any race, color, national and ethnic origin to all the rights, privileges, programs and activities generally accorded or made available to students at the school. It does not discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs.

Please note that, as stated in IRS publication 5578, a school that selects students on the basis of membership in a religious denomination or unit is not considered to be implementing a discriminatory policy if membership in the denomination or unit is open to all on a racially nondiscriminatory basis.

Failure to comply with the above guidelines may result in the revocation of the tax-exempt status of the school and lengthy legal proceedings.

New York State Issues:

1) MARYELLEN ELIA APPOINTED NEW COMMISSIONER OF THE NEW STATE EDUCATION DEPARTMENT

In late May, the New York State Board of Regents appointed MaryEllen Elia as the next Commissioner of Education and President of the University of the State of New York. Ms. Elia’s appointment comes after a nearly five-month search by the Board of Regents to replace former Commissioner John King who left the Department at the end of 2014 to take a job with the U.S. Department of Education. Ms. Elia will start her new position on July 6.

The Commissioner’s Advisory Council for Nonpublic Schools, which is comprised of representatives from all nonpublic school groups across the state including Rabbi Chaim Dovid Zwiebel, Agudath Israel’s Executive Vice President, is planning on meeting with the new Commissioner during the summer.

2) CHANGES IN IMMUNIZATION REQUIREMENTS FOR SCHOOL YEAR 2015-16

The immunization chart we usually distribute at this time of year is not yet available as the New York State Health Department has not finalized the changes in the regulations. In the interim, we have obtained a summary of the proposed changes to the state immunization regulations for the 2015-16 school year which we share below. Please note that, as of now, the deadline for submission of the State’s Immunization Survey will be December 15, 2015.

Changes to School Entrance Immunization Requirements for the 2015-16 School Year

The following are some of the changes regarding the entrance requirements:

■ 2 doses of measles and mumps vaccines and 1 dose of rubella vaccine (MMR) will be required for kindergarten (i.e. Pre-1-A) and elementary school entry;

■ 5 doses of diphtheria and tetanus toxoid-containing vaccine and acellular pertussis vaccine (DTaP) will be required for kindergarten and elementary school entry. If the 4th dose was received at 4 years of age or older, then only 4 doses are required.

■ 4 doses of poliomyelitis vaccine (IPV) will be required for kindergarten and first grade entry. If the third dose was received at 4 years of age or older, only 3 doses are required.

■ Intervals of doses of vaccines have to be reviewed for all K-7 students, except for the polio vaccine. Intervals for the polio vaccine must be reviewed for grades K, 1, 6 and 7 only.

■ For students in grades 8-12, no intervals need to be reviewed except for the MMR vaccine.

Certificate of Immunization

Schools must have on file a health record for each student.

The following records are acceptable without a signature:

-- NYSIIS or CIR record;

-- Official registry record from another state;

-- Electronic health record; or an

-- Official record from a foreign nation.

Also acceptable is a health record signed by a practitioner licensed in the State of New York.

New York City Note: The New York City Department of Health and Mental Hygiene (DOHMH) requires all children attending day care and pre-kindergarten programs to receive at least 1 dose of influenza vaccine administered between July 1 and December 31, 2015. This requirement applies to all children aged 6 months to 59 months of age enrolled in Articles 43 and 47 programs. We have been informed that, starting in January 2016, the Bureau of Child Care at the NYCDOHMH will be issuing Notices of Violation for sites that are not in compliance with this requirement.

For more information on the flu vaccine, please visit or

3) HOLD THE DATE: NEXT YEAR’S CONFERENCE FOR ADMINISTRATORS OF RELIGIOUS AND INDEPENDENT SCHOOLS

Next year’s Conference for Administrators of Religious and Independent Schools is scheduled to be held on Monday and Tuesday, November 8-9, 2015 at the Albany Marriott. You can register now at .

New York City Issues:

1) NEW YORK CITY DEPARTMENT OF EDUCATION CALENDAR

FOR SCHOOL YEAR 2015-2016

2015

|September |7 |Monday |Labor Day |

|September |9 |Wednesday |School Starts for all students |

|September |14-15 |Monday-Tuesday |Rosh Hashana (schools closed) |

|September |23 |Wednesday |Yom Kippur (schools closed) |

|September |24 |Thursday |Eid-al-Adha (schools closed) |

|October |12 |Monday |Columbus Day (schools closed) |

|November |3 |Tuesday |Election Day—Chancellor’s Conference Day for staff development. Students will|

| | | |not be in attendance. |

|November |11 |Wednesday |Veterans Day (schools closed) |

|November |26 & 27 |Thursday-Friday |Thanksgiving Recess (schools closed) |

|December |24-Jan. 1 |Thursday-Friday |Winter Recess (including X-mas and New Year’s Day) (schools closed) |

2016

|January |18 |Monday |Dr. Martin Luther King, Jr. Day (schools closed) |

|February |15-19 |Monday-Friday |Midwinter Recess (including Washington’s Birthday and Lincoln’s Birthday) |

| | | |(schools closed) |

|March |25 |Friday |Good Friday (schools closed) |

|April |25-29 |Monday-Friday |Spring Recess (including Passover) (schools closed) |

|May |30 |Monday |Memorial Day (schools closed) |

|June |9 |Thursday |Chancellor’s Conference Day for staff development. Students will not be in |

| | | |attendance. |

|June |28 |Tuesday |Last Day For All Students |

2) DAYS OF RELIGIOUS SIGNIFICANCE IN THE JEWIS CALENDAR DURING THE 2015-2016 SCHOOL YEAR

|September |13 |Sunday |Erev Rosh Hashana |

|September |14-15 |Monday-Tuesday |Rosh Hashana |

|September |16 |Wednesday |Tzom Gedaliah |

|September |22 |Tuesday |Erev Yom Kippur |

|September |23 |Wednesday |Yom Kippur |

|September |28-29 |Monday-Tuesday |First Days of Succos |

|Sept. – Oct. |30-4 |Wednesday-Sunday |Chol Hamoed and Hoshana Rabbah |

|October |5-6 |Monday-Tuesday |Shemini Atzeres & Simchas Torah |

|December |7-14 |Monday-Monday |Chanukah |

|December |22 |Tuesday |Asarah B’Teves |

| | | 2016 | |

|January |25 |Monday |Tu B’Shevat |

|March |23 |Wednesday |Taanis Esther |

|March |24 |Thursday |Purim |

|March |25 |Friday |Shushan Purim |

|April |22 |Friday |Erev Pesach |

|April |23-30 |Shabbos - Shabbos |Pesach |

|May |26 |Thursday |Lag Ba’Omer |

|June |12-13 |Sun.-Mon. |Shavuous |

|June |14 |Tuesday |Isru Chag |

|July |24 |Sunday |Shiva Asar B’Tammuz |

|August |14 |Sunday |Tisha B’Av |

3) TRANSPORTATION FOR THE 2015-16 SCHOOL YEAR

a) TEN-DAY TRANSPORTATION FOR SCHOOL YEAR 2015-16

Yeshivos should have received a letter from the Office of Pupil Transportation (OPT) regarding transportation for school year 2015-16. Schools are required to indicate their transportation needs by making adjustments to the Department's online calendar system.

You can access the Department’s online calendar system by logging onto OPT's website at and then logging in your user name and password. This system provides a means to indicate when your school is closed as well as your choice of alternate days of transportation service when public schools are closed and nonpublic schools are open.

Alternate days are those days when public schools are closed. Nonpublic schools can generally choose up to five of such days for service. However, since Easter and Pesach are separated by more than a week in the 2015-16 school year, yeshivos may choose up to TEN days of alternate transportation from the following list of days:

Tuesday, September 8, 2015 Wednesday, December 31, 2015

Thursday, December 24, 2015* Tuesday, February 16, 2016

Monday, December 28, 2015 Wednesday, February 17, 2016

Tuesday, December 29, 2015 Thursday, February 18, 2016

Wednesday, December 30, 2015 Friday, February 19, 2016

Monday – Thursday, April 25-April 28 – (Chol Hamoed Pesach) are also available.

* Since December 24, 2015 is the eve of X-mas, many bus drivers will not be available to do the afternoon shift. Yeshivos that select this day as one of their five days should do so with the understanding that transportation will not be provided in the afternoon.

Please note: Tuesday, November 3, 2015 (Election Day) and Thursday, June 9, 2016 are Chancellor's Conference Days for all public schools. Yeshivos will receive regular yellow bus service on these days.

Yeshivos that do not make changes on their online calendar will receive transportation only on days when public schools are in session. The maximum number of days of transportation service a school can receive is 180.

OPT recommends that schools check their calendars at the beginning of each month to ensure that school closings are reflected accurately. Any changes that need to be made in the school calendar during the school year must be made at least 3 days in advance of the date.

Schools must update their calendars for general education students by June 26, 2015.

Please Note: Student MetroCards will be active beginning on Tuesday, September 1, 2015.

If you have any questions or require assistance, please contact OPT's account manager for yeshivos, Rabbi Moshe Ausfresser, at 718-482-3863 or Mr. Yisroel Altein at 718-482-3731.

b) TRANSPORTATION FOR SPECIAL EDUCATION STUDENTS

The DOE provides transportation services for nonpublic school students with disabilities on all days they are in session with the exception of federal holidays and weekends. The following are federal holidays that fall out during the 2015-16 school year:

Monday, September 7, 2015 Labor Day

Monday, October 12, 2015 Columbus Day (observed)

Wednesday, November 11, 2015 Veterans Day

Thursday, November 26, 2015 Thanksgiving Day

Friday, December 25, 2015 X-Mas Day

Friday, January 1, 2016 New Year’s Day

Monday, January 18, 2016 Dr. Martin Luther King, Jr. Day

Monday, February 15, 2016 Presidents’ Day

Monday, May 30, 2016 Memorial Day

Schools servicing students with disabilities must also make online adjustments to the special education calendar. All changes to the school calendar for students with disabilities must be submitted by June 26, 2015.

Please note: If your school services both general education and special education students, you must make adjustments to both the general education and special education calendars.

c) TRANSPORTATION FOR LATE DISMISSALS

i) Busing Provided by OPT - In an effort spearheaded by Agudath Israel, the New York State Legislature two years ago approved a provision requiring school districts to provide for transportation or reimbursement for costs of transportation for students in grades kindergarten through six who are dismissed after 4:00 P.M. This law, sponsored by State Senator Simcha Felder, more fully addresses the need for transportation and/or reimbursement for late dismissals. Included in this new law is a provision that mandates that all bus stops for late dismissals be no further than 600 feet from a child’s house. If your school would like to access OPT yellow bus transportation for late dismissals, please contact Rabbi Moshe Ausfresser at OPT at 718-482-3863.

ii) Reimbursement for Late Dismissal Transportation - Yeshivos that are interested in receiving reimbursement for late-dismissal transportation are invited to a meeting sponsored by OPT on Wednesday, June 17, 2015, from 11:00 am – 1:00 pm in Yeshiva Imrei Chaim Viznitz, 1824 53rd Street, Brooklyn, NY 11204. If you are planning to attend this meeting, OPT asks you to RSVP to yaltein@schools. or 718-482-3863 with your school OPT code and the names of those staff members who will be coming.

d) TRANSPORTATION FOR FIELD TRIPS

Yeshivos are reminded that that they may access yellow bus service through OPT at no charge for field trips, provided that the buses are available on the days the schools are scheduling a trip. The buses, however, cannot leave the school before 9:30 and must return by 1:30 P.M. On the following days, the schools may access the bus service until 3:00 P.M:

Tuesday, November 3, 2015 Election Day

Monday, December 28, - Wednesday, Dec. 30, 2015 Winter Break

Tuesday, February 16 - Thursday, February 18, 2016 Presidents’ Week

Thursday, June 9, 2016 Brooklyn-Queens Day

e) CHANGE IN SCHOOL LOCATIONS FOR SCHOOL YEAR 2015-16

In order for OPT to efficiently plan transportation services for the coming school year, it is important for them to know if any school that receives OPT services (general education busing, special education busing, MetroCards, or reimbursement) will be closing, moving or planning to move to a new location. With regard to re-locations, it would be very helpful for OPT to know of these plans even if a new site has not yet been identified. In addition, if an existing school will be opening another site and expects to request transportation services of any kind, this information should be communicated to OPT as soon as possible. If any of these situations apply to your school, please e-mail both Robert Carney (RCarney@schools.) and Vanessa Marin (VMarin@schools.) of OPT as soon as possible.

4) OPENING OF STATE LOAN PROGRAMS FOR SCHOOL YEAR 2015-16

The New York City Department of Education anticipates opening FY ’16 early ordering for the New York State loan programs this week. We will alert you when the early ordering becomes live.

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