Attendance and Enrollment Frequently Asked Questions (FAQ)
*Please Note: While State Aid provides and references guidance such as this FAQ, Statutes and Regulations, it is up to the district to interpret any guidance provided with the assistance of the district's representatives, experts, counsel, other appropriate SED offices, etc.
Superintendent Days
- What constitutes a Superintendent’s Conference Day?
Commissioner’s Regulation §175.5 states that the use of Superintendent Conferences are to “provide staff development activities that are related to implementation of the new high learning standards and assessments, general staff orientation, curriculum development, in service education, or parent-teacher conferences.” Commissioner’s Regulation §175.5 provides further that “such conference days may not be scheduled for routine school administrative matters such as the grading of assignments, the preparation of pupil assignments, record-keeping, or the preparation of lesson plans.”
- How many hours of each Superintendent’s Conference Day count towards the annual hourly requirement?
Commissioner’s Regulation §175.5 provides “that the average scheduled hours for a school day based on the school calendar (e.g., 5 hours for elementary, 5.5 for secondary) shall be considered one superintendents’ conference day authorized pursuant to Education Law §3604(8) and a district may use up to the product of four such hour amounts in a given school year, and provided that such conferences occur on days when the regular day schools of the school district may legally be in session, and provided further that such conference days may not be scheduled for routine school administrative matters such as the grading of assignments, the preparation of pupil assignments, record-keeping, or the preparation of lesson plans.” Districts may hold Superintendent Conferences in excess of these prescribed maximums, but they will not count towards the minimum hourly or day requirements.
- If a district provides instruction for part of the day and a parent teacher conference for another part of the day, does the district need to report the day as a Superintendent’s Conference Day?
Commissioner’s Regulation §175.5 does not require a minimum number of hours within a single week or on a single day. Districts may hold any number of partial days of any length, so long as they meet the annual aggregate minimum instructional hours (900 hours for Grades K-6/990 hours for Grades 7-12) and 180-days of session. Therefore, if instruction is provided for part of the day as scheduled, the day/hours of instructional hours may be counted towards the minimum daily/hourly requirements.
- Can a district hold Superintendent Conference Days prior to the first day of school?
Education Law §3604(8) allows districts to schedule superintendent conferences in the last two weeks of August, subject to collective bargaining requirements.
- Can Superintendent’s Conference Days be split into half days, and do they still count?
Education Law §3604(8) provides that districts “may elect to use one or more of such allowable conference days in units of not less than one hour.” No more than four (4) such days may be counted towards the 180-day minimum, but the hours may be subdivided further. The district may count the day towards the 180-day requirement as either a Superintendent’s Conference Day or as an attendance day, but not both.
- Can a district schedule a half day, without a Superintendent’s Conference Day, on the Wednesday before Thanksgiving?
The September 2018 amendments to Commissioners Regulations §175.5 replaced daily minimums of 5.0/5.5 hours with annual minimums of 900/990 hours. Provided the district meets the annual hour and day minimums, the district may schedule half-days without impact to aid.
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Early release/Late Arrival & Snow Days
- Should a district include days cancelled due to adverse weather (e.g. snow days) as instructional on the model calendar or in SAMS?
Schools that are not in session due to adverse weather conditions should not report these days as instructional. Instead, on the model calendar, districts should leave a comment in the “Notes” column indicating why session was cancelled.
Note: Schools providing remote instruction due to conditions detailed in Commissioner’s Regulation §175.5(e)(1) are in session and may report these days as instructional, so long as the instruction is authorized, and consistent with Commissioner’s Regulations (§100.1(a), §100.1(u), and §100.5(d)), and district remote instructional plans.
- If there is an unscheduled early release or delayed start, does it count as a full day?
Commissioner’s Regulation §175.5(e)(2) provides information on 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.” For example, if a district has an unscheduled 3-hour delayed start due to weather, the district can claim 2 of those hours towards the hourly requirement.
- If a district provides remote instruction due to emergency conditions (e.g. snow days), does the district need to provide transportation and other services for charter schools and nonpublic schools that remain open?
The Commissioner’s Regulation §175.5(e)(1) details that districts electing to exercise this option remain in session.Districts that are in session must continue to provide transportation and other required services to charter and nonpublic schools on such days if such schools remain open. The required provision of these services may not be waived, and the efficacy and safety of providing them should be a consideration when opting to convert an in-person instructional day to remote instruction due to a weather or other emergency. Information about transportation services under these conditions may be found at:
-Information about transportation services for charter schools
-Information about transportation services for nonpublic schools
- If a district has a two-hour delay due to weather, but the half-day preschool special education program was not cancelled, does the district need to provide transportation for the half-day preschool special education program?
Districts that remain in session must continue to provide mandated services to students in programs that remain in session.
- Is Remote Instruction Due to Emergency Conditions limited to snow and icy conditions?
Commissioner’s Regulation §175.5(e)(1) details that “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.” Districts will need to “certify that remote instruction was provided in accordance with the district’s emergency remote instruction
plan.” Consideration should be given to whether students can fully participate in remote instruction at home during emergencies (e.g. home internet may not be functioning during a widespread power outage, and this may limit whether a district can provide remote instruction).
- May a district utilize remote instruction during election day in November?
Yes, as a health and safety measure, school districts may choose to utilize remote instruction on the November general election day and count the day towards the required 180-day minimum. As with remote instruction under emergency conditions, provided under Commissioner’s Regulation §175.5(e), the district must report how many instructional hours were provided on such session day and certify that remote instruction was provided in accordance with the district’s emergency remote instruction plan.
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Reporting Session Days and Instructional Hours
- Can a district meet the minimum day and hourly requirements with fewer than 180-days?
A district can meet the minimum day and hourly requirements with fewer than 180-days only under certain exceptions detailed in Education Law §3604(7). The two exceptions to this day requirement are (i) scheduled session days where the superintendent was required to close schools due to a properly executed declaration of a state or local state of emergency or (ii) up to five extraordinary conditions days that requires exhaustion of vacation days. For further information on these exceptions, please refer to our guidance: Directions for Schedule A-8 (Extraordinary Condition Days and State of Emergency Days).
- Does a district need to complete the 180-day calendar for each of the schools in the district?
Yes, districts are required to report the number of instructional days and hours within SAMS on a summary table of each school within the district. The State Aid Office has provided a Model Calendar template (Excel) to ensure districts are correctly calculating and are consistent across the state. Districts must preserve calendar worksheets should the State request verification of data reported.
- If a district has a discrepancy between the 180-day calendar and what is reported on SAMS Form A Schedules A2 & A4 (which sums to Schedule A5), what should the district do?
Districts will need to compare their 180-day calendar to their attendance reports to determine and analyze any discrepancies.
- How should a district report the instructional hours for a school that includes one or more grades from K-6 and 7-12 on the 180 Day Calendar Formset in SAMS?
Under Commissioner’s Regulation §175.5, grades K-6 and 7-12 are subject to different minimum instructional hourly requirements (900 and 990 instructional hours, respectively) and Regents Examination schedule provisions. The school will need to be reported twice, one row for any grades in K-6 and one row for 7-12. (e.g. If a building contains grades 6-8, grade 6 AND grades 7-8 will need to be reported separately in the 180-Day Calendar Formset. In addition, grades with a different number of instructional hours or days should also be reported separately.
- If a district has a small cohort of students who opted to attend virtually for most of the school year, how should the district report this group on the 180-Day Calendar?
Minimum instructional days and hours are reported at a building level, not at a student or class level. Districts should only report typical schedules offered to all students. Customized schedules utilized by a subset of students should not serve as the basis for calculating session days or instructional hours for 180-Day Calendar purposes. For example, if a district provided a standard schedule for most students, and a fully remote option with parental consent to meet the educational needs of the students, the district should not report the fully remote option on the 180-Day Calendar.
- Is there a minimum number of hours required for a full instructional day?
No. Commissioner’s Regulation §175.5 does not require a minimum number of hours within a single week or on a single day, so long as the district is meeting the annual 900/990 hourly requirement and the 180-day requirement.
- What proportion of students must attend to count as instructional time and a session day?
Absences do not impact the ability of the district to meet the minimum instructional hourly and 180-day requirements. Attendance rates may impact certain other state aid formulas. Please consult the State Aid Handbook for more information.
- If a district is not able to meet the 900/990 hourly requirement due to COVID, will the district be penalized with a short session deduction?
Waivers from the minimal annual aggregate instructional hour requirement have been available under 8 NYCRR 175.5(n)(2) under certain conditions for the 2019-2020 through 2022-2023 school years. Please review this regulation to determine the current availability of these waivers. If a waiver is available, the application is contained in SAMS Form A 180 Day Calendar Formset.
- If a district provides physical education classes after lunch, when recess would normally be given, will those hours count as instructional?
Commissioner’s Regulation §175.5(b) provides that “Instructional hours shall not include periods of time where instruction and/or supervised study time is not provided to students, such as lunch or recess.” Physical education provided by a certified teacher that is consistent with the physical education standards and Commissioner’s Regulation §135.4 is instruction and should be counted as such.
- What counts as Instructional Time if a district lengthens their school day?
Pursuant to Commissioner’s Regulation §175.5(a), “Nothing in this section shall be construed to preclude school districts from lengthening the school day and/or school year beyond the annual minimum instructional requirement for both instructional and non-instructional activities, including but not limited to, homeroom periods, lunch, recess, staff development activities, parent-teacher conferences, or any other purpose the school district has determined is necessary for the development of the whole child and/or to improve student achievement.” Only time “the school district has determined is necessary” may be reported as instructional. If all students in certain grades or school buildings are required to be in attendance, the time may be reported as instructional if the requirements of an Instructional Hour, as stated in §175.5(b) have been met. Optional or non-required time may not be counted (e.g., office hours).
- New York State’s minimum graduation credit regulations require a different number of hours than what is required by Commissioner’s Regulation §175.5. Can a district use the smaller number of hours to be compliant with both regulations?
The minimum graduation requirements and the minimum instructional time for State aid purposes are two separate requirements, and both must be met.
- How should a district report instructional time for classes, grades, or schools on a field trip? Does the nature of the field trip matter?
Commissioner’s Regulation §175.5 provides that an instructional hour is the amount of time during which students are receiving instruction from a certified teacher or supervised study time.
- If a district sometimes invites outside experts to give guest lectures to a class, and if those experts are not certified teachers, is the time for that class still considered instructional?
Commissioner’s Regulation §175.5 provides that an instructional hour is the amount of time during which students are receiving instruction from a certified teacher or supervised study time. The definition of instructional time is not intended to preclude districts from using class time in this manner occasionally.
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Short Session
- What is a Short Session Deduction?
Per Education Law 3604(7)(i), “No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees or board of education for the preceding school year shall show that the public schools were actually in session in the district and taught by a qualified teacher or by successive qualified teachers or by qualified teachers for not less than one hundred eighty days. The moneys payable to a school district pursuant to section thirty-six hundred nine-a of this part in the current year shall be reduced by one one-hundred eightieth of the district's total foundation aid for the base year for each day less than one hundred eighty days that the schools of the district were actually in session…”
Note: For limited exceptions, refer to Extraordinary Condition Days & State of Emergency Days.
- What constitutes a “day” for Short Session deduction?
Although there is no longer a minimum daily hourly requirement, short session is calculated on a “days short” basis, therefore, any deficiency in hours must be converted to days for the calculation. Commissioner's Regulation §175.5(j) provides that “For the purposes of reducing State aid pursuant to Education Law §3604(7), one day shall mean:
- (1) For pupils in half-day kindergarten, two and one-half hours.
- (2) For pupils in full-day kindergarten and grades one through six, five hours.
- (3) For pupils in grades seven through twelve, five and one-half hours.
In the event that a school district has a total deficiency in hours that equals a fraction of hours [e.g. 1 hour] per day pursuant to this paragraph, such deficiency shall be rounded up to the next whole day.”
- If a district is short of either the minimum 900/990 hourly or 180-day requirements, how is the short session deduction calculated?
Education Law §3604(7) provides the short session aid deduction calculation on a day basis; 1/180th per average days short, per grade level, per ADM. Commissioner's Regulation §175.5(j) provides that deficiencies in hours should be rounded up to the next whole day (Grades K-6: 5 hours; Grades 7-12: 5.5 hours).
For each grade short the minimum instructional requirements, the deduction is calculated as: [(1) the ratio of ADM in affected grades compared to the district total multiplied by (2) the number of days short divided by 180, multiplied by (3) (4) foundation aid in the base year.], then each affected grade’s amount is summed to yield the total short session deduction.
- What if the district is short on both hours and days? Will they be penalized twice?
The district will be penalized for either days OR hours (whichever is greater), but not both.
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Extraordinary Condition Days & State of Emergency Days
- When should a district apply for Extraordinary Condition or State of Emergency Days?
Districts should only apply for Extraordinary Condition or State of Emergency Days if they do not meet the 180 day or 900/990 hourly requirement AND have met the criteria outlined on Schedule A8.
- What steps must districts take when they close one or more school(s) for an emergency or unplanned reason?
Education Law §2(15) defines a school year and Commissioner’s regulations §155.17(f) requires that:“(1) Whenever the building-level emergency response plan is activated and results in the closing of a school building, the superintendent or their designee shall notify the commissioner as soon as possible and shall provide such information as the commissioner may require in a manner prescribed by the commissioner. In addition, school districts within a supervisory district shall provide timely notification to the BOCES district superintendent. Such information need not be provided for routine snow emergency days.”
- When should a district send in required documentation of a closure required by a State of Emergency declaration?
Where possible, districts are encouraged to use additional days built into the calendar to handle closures first. If the district is short of 180 days or 900/990 hours at the end of the school year due to the closure required by such declaration, the required documentation is due simultaneously with the submission of Form A by September 2nd after the close of the school year, per §3601 of Education law. Districts may submit early if desired, but the documentation will not be reviewed until Form A and subsequent schedules have been certified for review in the corresponding claim year.
- If a district is reporting a State of Emergency Day, does the order of events matter—specifically, the timing of when the superintendent closed the school compared to when the State of Emergency was declared?
Education Law §3604(7) provides that the Commissioner may disregard a short session reduction for “any day or days on which session had been previously scheduled but the superintendent was required to close the school or schools due to a properly executed declaration of a state or local state of emergency pursuant to article two-B of the executive law.” If the superintendent was required to close the school or schools due to an emergency declaration, the sequence of the superintendent or executive action is not relevant. Information on the process of claiming these days is available in the Directions for Schedule A-8 (Extraordinary Condition Days and State of Emergency Days).
- If a district receives an emergency declaration (Statewide or local) impacting a scheduled day of session, how should the district determine whether the declaration requires the Superintendent to close school(s)?
Districts should consult local counsel and the Directions for Schedule A-8 (Extraordinary Condition Days and State of Emergency Days) for guidance determining whether an emergency declaration requires the closure of school(s).
- If a district has canceled session for more days than expected due to adverse weather conditions, can a district extend the calendar and the remaining days of session rather than cancel a scheduled vacation day?
Education Law §3604(7) requires 180-days of instruction. Commissioner's Regulation §175.5 requires 900/990 annual instructional hours. Commissioner’s Regulation §175.5(b)(2) provides that districts may schedule session on “any day, excluding Saturdays and legal holidays pursuant to Education Law §3604(8), from the first day in which attendance may be required pursuant to Education Law §3205(1)(c) until the end of the school year, plus superintendents’ conference days.” Districts have broad flexibility in how to meet both requirements as session may be scheduled beginning September 1 through June 30.
- What is the process for claiming an Extraordinary Condition Day?
Education Law §3604(7) requires 180 days of instruction and provides that the Commissioner may disregard up to five days if the closure was due to extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, lack of electricity, natural gas leakage, unacceptable levels of chemical substances, a credible threat to student safety as reasonably determined by a lead school official or the destruction of a school building either in whole or in part, or such other cause as may be found satisfactory by the Commissioner, AND if the district cannot make up such days by using all scheduled vacation days which occur prior to the last scheduled Regents examination day in June (for Grades K-6) or before the first scheduled Regents exam day in June (for Grades 7-12). These days would be reported on Form A, Sch A-8, and a valid link to the school year calendar will also need to be entered. Further documentation may also be requested. This section of law also provides that “‘scheduled vacation days’ shall mean days on which the schools of the district are not in session and for which no prohibition exists in subdivision eight of this section for them to be in session.” Further details can be found in the Directions for Schedule A-8 (Extraordinary Condition Days and State of Emergency Days).
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Scheduling Session Days
- Is the term ‘school year’ defined in terms of first and last day?
Education Law §2(15) states: “The term ‘school year’ means the period commencing on the first day of July in each year and ending on the thirtieth day of June next following.” For example, 7/1/2024 through 6/30/2025.
- Can students be in session before September 1st? Can students be in session before Labor Day?
Education Law §3205(1)(c) provides that students are required to attend full time instruction beginning with the first day of September in which school is in session. Instruction provided before students are required to attend cannot be counted towards the instructional minimum requirement of 180-days. Per Commissioner's Regulation §175.5(h), districts may hold Superintendent's Conference days in the last two weeks of August.
- Can students be in session after Rating Day?
Commissioner’s Regulation §175.5(b)(2) provides that districts may schedule session on “any day, excluding Saturdays and legal holidays pursuant to Education Law §3604(8), from the first day in which attendance may be required pursuant to Education Law §3205(1)(c) until the end of the school year, plus superintendent’s conference days.” This allows for any non-holiday weekday from September 1 through June 30 on which instruction is provided to be counted, including days after Rating Day.
- Must students be in session through Rating Day?
Scheduling session is a local decision. Education Law §3604(7) requires 180-days of instruction. Commissioner's Regulation §175.5 requires 900/990 annual instructional hours. Provided both of these minimums are satisfied, districts are not required to schedule any additional days of session.
- How many Superintendent’s Conference Days can be held after Rating Day?
Neither law nor regulation imposes a limitation on the number of Superintendent’s Conference Days after Rating Day. Districts may hold as many Superintendent’s Conference Days after rating day as allowed by their collective bargaining agreement and school calendar, subject to the limitations in Commissioner’s Regulation §175.5 and Education Law §3604(8) that no more than four (4) such days will count towards the minimum instructional requirements in any given school year.
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Holidays
- When are schools required to close for holidays?
Education Law §3604(8) provides that, no school shall be in session on a legal holiday, except: (1) general election day, (2) Washington's birthday, and (3) Lincoln's birthday. General Construction Law §24 provides the list of holidays.
- When a holiday falls on the weekend, when must a district close school in observance?
General Construction Law §24 provides rules for holiday observance. This section stipulates that any holiday that falls on a Sunday is observed on the Monday immediately following the holiday, except Flag Day. However, no similar provision exists for holidays that fall on a Saturday to be observed on any other day.
- What is Lunar New Year Law and when will it take effect?
An amendment to Education Law §3604(8), which went into effect July 1, 2023, prohibits school districts in New York State from holding session on the first day of the second lunar month after the winter solstice in the preceding calendar year, known as Asian Lunar New Year. While this law does not add Lunar New Year to the list of legal holidays as defined in General Construction Law §24, school districts are prohibited from holding session. Asian Lunar New Year Guidance
- Can session be held on Lunar New Year, on a legal holiday, or on the weekend?
Education Law §3604(8) provides that “No school shall be in session on a Saturday, the first day of the second lunar month after the winter solstice in the preceding calendar year known as Asian Lunar New Year, or a legal holiday, except general election day, Washington's birthday and Lincoln's birthday, and except that driver education classes may be conducted on a Saturday.”
- If Lunar New Year falls on a Sunday, must it be observed on a Monday?
No. General Construction Law §24 establishes state holidays and provides for Monday observance when holidays fall on Sunday. The new law prohibits school on Lunar New Year but does not add it to the list of holidays under GCN §24, and therefore, Monday observance is not required.
- What is the law surrounding Diwali, and how does it impact school districts?
Chapter 629 of the laws of 2023 made Diwali (the fifteenth day of the eighth month of the Indian calendar) a holiday for public schools in the City of New York, effective July 1, 2023. This law prohibits New York City school districts from holding session on Diwali.
- If Diwali falls on a Sunday, must it be observed the following Monday?
No. General Construction Law §24 establishes state holidays and provides for Monday observance when holidays fall on Sunday. The new law prohibits school on Diwali but does not add it to the list of holidays under GCN §24, and therefore, Monday observance is not required.
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Regents Examinations & Local Examinations
- If a district has a building that houses grades 7-12 and the district releases the 7th and 8th graders on Regents Examination Days, how should the district count the hours?
Commissioner’s Regulation §175.5(i) provides that “if grades seven through twelve are housed in the same building, school district officials may excuse the students from any grade level for which an examination is not being offered if their class schedules are disrupted by the Regents examination schedule and if staff are needed to properly administer such examinations.” During days on which Regents Examinations and Locally developed Checkpoint A and B World Language Examinations are administered only, districts may release students in grade levels that are not subject to Regents Examinations from buildings that house high school students if the staff are needed to administer the Examinations, and the presence of those students would present a disruption to the tests.
Note: No grades other than 7-12 are eligible to claim Regents days towards the 180 day requirement, regardless of being housed in the same building. This regulation is implemented in SAMS Schedule A-5 by only enabling districts to claim Regents days in grades 7-12.
- If a district is comprised of one single building for all grades K-12, and if the annual hourly requirements for grades K-6 have been met, are those students still required to be in session during Regents week?
Education Law §3604(7) requires 180-days of instruction. Commissioner's Regulation §175.5 requires 900/990 annual instructional hours. If both minimum requirements are met, then districts have the flexibility to cancel session or provide early dismissal. Districts may not cancel session and count the day or time as instructional.
- How should we count Rating Day towards the 180-day requirement?
Commissioner’s Regulation §175.5(i) provides that “For only the grade levels sitting for a Regents examination, a district may schedule the average number of instructional hours it provides on non-examination days for days on which Regents examinations or rating day(s) are held, and have such hours count toward the annual minimum hourly requirement.” For all other grades, instruction would need to be provided in order to count towards the 180-day and 900/990 hourly requirements.
- How should Checkpoint Exam days be treated towards the 180-day requirement?
If a district is administering Checkpoint Exams, then the day would be treated as Regents Day, and may be counted towards the 180-Day 900/990 hourly requirement. If a checkpoint exam is not administered and no instruction is provided, then the day may not be counted as instructional, per Commissioner’s Regulations §175.5(b).
- If a Regents Examination is canceled, is a district still able to claim the Regents Examination Day?
For state aid purposes, the days on which the Regents exams were previously scheduled to be held, will operate like any day during the school year without a Regents exam. Instructional time will count towards the minimum hourly requirement, and session days will count towards the statutory 180-day minimum. Districts planning to excuse grades 7-12 on these days may continue to do so, provided that the district meets the 180-day and minimum hourly requirements, exclusive of this time.
- If a district schedules a Regents Examination and the teachers are present and assigned to proctor the Examination, but no students sit for the Examination, does the day count towards instructional hours?
Commissioner’s Regulation §175.5(i) provides that “a district may schedule the average number of instructional hours it provides on non-examination days for days on which Regents examinations or rating day(s) are held.” Administering a Regents Examination takes planning and preparation. This includes registering students and procuring RIC-provided answer sheets for students for Regents Examinations in advance of the Examination administration date. If the school has not registered and prepared to have identified students participate in a Regents Examination, then the school will not be allowed to treat this as a Regents Day. If the school reasonably expects to have students take a Regents Examination and has teachers assigned and reporting to their assigned Examination room at the designated time and day, then the school will not be penalized if none of the registered students appear on the day of testing for the Examination.
- If a district has local testing during Regents Examination week, how should the district count the time?
Commissioner’s Regulation §175.5(i)(4) provides that “Time spent on session days where other assessments are administered may count toward the annual minimum instructional hour requirement provided such assessments are administered by a certified teacher, attendance is taken, and students not sitting for such assessments receive instruction during such time. Grade levels that are excused from instruction on such days may not have this time count toward the requirement.” If a district has local testing or provides instructional hours during a Regents Day, the district may only count one session day towards the 180-day minimum (i.e., the district may count the day towards the 180-day requirement as either a Regents Day or an attendance day, but not both).
- Certain Regents Examinations may be taken by students from multiple grades. How many students from a grade must take a Regents Examination to count as a “grade [level] sitting for a Regents Examination”?
No specific minimum number or proportion of students must sit for an exam. If enough students from a grade level sit for the Regents Exam to disrupt the class schedule, the grade is considered to be “sitting for a Regents examination” under Commissioner’s Regulation §175.5(i)(1).
- During a Regents Examination, what grades not sitting for the Examination must receive instruction?
Commissioner’s Regulation §175.5(i) provides “If grades seven through twelve are housed in the same building, school district officials may excuse the students from any grade level for which an examination is not being offered if their class schedules are disrupted by the Regents examination schedule and if staff are needed to properly administer such examinations.” Any grade level outside of 7-12 who has not yet met the daily/hourly requirement OR any grade level in 7-12 who does not meet the criteria above, as well as having not met the daily/hourly requirement, must receive instruction.
- How many hours of instruction can a district count for a Regents Day with one Examination versus two Examinations (as Regents days may have one or two Examinations)?
Commissioner’s Regulation §175.5(i) provides “For only the grade levels sitting for a Regents examination, a district may count the average number of instructional hours it provides on non-examination days for days on which Regents examinations or Rating Day(s) are held, and have such hours count toward the annual minimum hourly requirement.” The regulations do not require that multiple Examinations must be held on the same day to qualify.
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Charter, Nonpublic, and Pre-Kindergarten Schools
The purpose of the Office of State Aid is to determine and distribute the correct amount of State Aid to public school districts in a timely manner and provide accurate and timely data for use in State Aid projections. For further information on the above, please reach out to the offices listed below.
Charter Schools: CharterSchools@nysed.gov
Nonpublic Schools: ORISS@nysed.gov
Private Schools Serving Students with Disabilities: SpecEd@nysed.gov
Pre-Kindergarten: OEL@nysed.gov ; Early Learning FAQ
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