What happens when a District uses up all its Scheduled Snow Emergency Days?

Due to the unusual weather this school year, many districts have already used their scheduled snow emergency days, including many districts that rarely use these scheduled days.  The following is a reminder regarding the 180 days of session requirement in Education Law and what happens if the requirement is not met [reference Education Law section 3604 (7)]:

  1. Districts must provide 180 days of session to receive full Foundation Aid.  Foundation Aid will be reduced by 1/180th for each day below 180 days.

  2. Included in the 180 days are days on which attendance is taken, days on which Regents examinations (including "rating" days), State Assessments or local examinations are given and up to four days on which superintendent's conference days are held.

  3. Since superintendent’s conference days already count toward the 180 days, changing a scheduled superintendent’s conference day to a day of instruction does not increase the number of session days.

  4. If a district falls below 180 days of session, upcoming scheduled vacation days must be used to make up the shortfall.

  5. Session days, including superintendent’s conference days, should not be scheduled on Saturdays, legal holidays or after the June Regents Examination period.

  6. a. For the 2009-10 school year, if a district falls below 180 days of session after all available scheduled vacation days have been used as session days, the district may apply to the State Aid Office to have the Foundation Aid penalty waived for up to five days.
    Click here to view more information and the application:

    b. For the 2010-11 school year and thereafter, applications for waiving the State Aid deduction must be submitted via the State Aid Management System (SAMS) using Form A Schedule 8.

  7. If a district falls below 180 days of session, and cannot obtain a waiver, the district must report the actual session day information on the SAMS Form A Schedules A1 through A5 the following fall.  The State Aid Office will then make the required deduction of aid during that State Aid claim year.  This aid deduction will be displayed on the General Aids (GEN) output report.

State Aid Contact: Bruce Jesiolowski
Phone # (518) 474-2977
E-mail bjesiolo@mail.nysed.gov

Last Updated: February 1, 2011