Minimum Instructional Hours Waiver for the 2018-19 through 2021-22 School Years

Prior to November 15, 2019, school districts may apply for a district-wide waiver from the minimum instructional hour requirement under Commissioner’s Regulations §175.5. Approved waivers will cover all schools within the district for the 2018-19 and 2019-20 school years (and the 2019-20 and 2020-21 claim years, respectively), and a portion of the schools within the district in the 2020-21 and 2021-22 school years.

This waiver will only apply to the minimum instructional hour requirement. The minimum days of session requirement in the Education Law must still be met in order to receive the full allotment of state aid.

This waiver is one-time only for the 2018-19, 2019-20, 2020-21, and 2021-22 school years. Waiver applications for all future years are due November 15, 2019.

SED will approve waiver applications for each school year that meet the following requirements:

2018-19 SY (claims filed in Fall 2019):

  • The school district was in session for at least 180 days, including allowable Superintendent’s Conference Days;
  • Superintendent must certify that total instructional hours offered in 2018-19 SY is at least as much as was offered in 2017-18 SY;
  • The school district must describe the safety and/or scheduling challenges that prevented the school district from meeting the minimum instructional hours;
  • The school district must provide a plan to the Commissioner as to how it will comply with the instructional hour requirement in the 2022-2023 school year for all schools in the district.

2019-20 SY (claims filed in Fall 2020):

  • The school district was in session for at least 180 days, including allowable Superintendent’s Conference Days;
  • Superintendent must certify that total instructional hours offered in 2019-20 SY will be at least as much as was offered in 2017-18 SY.

2020-21 SY (claims filed in Fall 2021):

  • The school district was in session for at least 180 days, including allowable Superintendent’s Conference Days;
  • At least one-third of all schools within the district meet the minimum instructional hour requirement.

2021-22 SY (claims filed in Fall 2022):

  • The school district was in session for at least 180 days, including allowable Superintendent’s Conference Days;
  • At least two-thirds of all schools within the district meet the minimum instructional hour requirement.

2022-23 SY (claims filed in Fall 2023): No waivers accepted.

Instructions for 2018-19 SY 180-day Calendar Submission

  1. Complete the "Model Calendar Version 2.0" (or 2.1, if applicable) for each distinctive school schedule and grade grouping. For example, one K-12 building with the same start and end times will require two sheets: one for grades K-6, one for 7-12; a middle school with grades 5-8 will require two sheets: one sheet for grades 5 and 6, and a separate sheet for grades 7 and 8. NOTE: Version 1.0 may be submitted if previously completed, but that version has fewer features. Sheets available here.
    NOTE: All districts must complete a calendar for the 2019-20 school year at the end of the year, using the model calendar currently available. A version for 2020-21 school planning purposes will be available at a later date.

  2. Prepare files for uploading into SAMS. Multiple calendar tabs may be compiled in one file or in separate files. For each tab in any file, use the following naming convention: 12 DIGIT BEDS CODE_GRADES (Grades are limited to four characters, such as 0K06 or 0712).

    • Examples:
      • 10140140005_0912, meaning grades 9-12
      • 10140140004_0K03, meaning grades K-3.
        • For kindergarten, please use "K", "AMK, OR PMK".
      • 10140140004_0405, 10140140004_06 and 10140140004_0708 for a 4-8 middle school SED code where grades 4 & 5 have a different schedule than 6-8, but grade 6 has different time requirements than 7-8.

  3. Open the "180 Days Calendar Form" in SAMS. Click on the "Choose Files" button near "Upload your 180 Days Calendars" and follow the file selection instructions to upload each spreadsheet you have prepared. Once uploaded, click on "Save" if you still have more files to upload or "Ready" if all schools within the district are completed. You will then be returned to the Form menu. You will not see the "Ready" button until all schools have been completed.
    NOTE: If you receive an error message that an institution code could not be found, please confirm it is entered correctly; if it is, please contact 180days@nysed.gov with the subject heading "180 Days SAMS Error".

  4. Re-open the "180 Days Calendar Form" and verify that the information uploaded correctly. NOTE: If files are resubmitted, existing data on the SAMS form will be overridden.

  5. Open the “180 Days Calendar Waiver Form” and complete the sections provided for applying/declining a waiver. NOTE: SED will publish a list of all school districts that are granted a waiver.

  6. If you are not applying for a waiver, you will still need to decline the application on the waiver form and click both “save” and “ready” in order to certify.

  7. The Superintendent will need to open the “180 Day Calendar Certification” and complete the questions provided. NOTE: Certification can only be completed once the “180 Days Calendar Waiver Form” and “180 Days Calendar Form” are in the “ready” state.

Training Webinars: SED will provide two webinar sessions to demonstrate the use of these new forms and answer questions. Both will be held on Thursday, October 10th at 9:30AM and again at 3:30PM. Please send your name and email address to 180days@nysed.gov to register.

Last Updated: October 16, 2019