Two New Statutory Provisions regarding 180 Day Minimum Session Days
Required to Receive Full Foundation Aid

Superintendent’s Conference Days during last two weeks of August.
Effective July 1, 2012, school districts may schedule Superintendent’s Conference Days during the last two weeks of August, subject to collective bargaining requirements pursuant to Article Fourteen of the Civil Service Law. These days shall be counted toward the required 180 days of session, provided that such scheduling shall not alter the obligation of the school district to provide transportation to students in non-public elementary and secondary schools or charter schools.

1-year provision potentially affecting 180 day minimum session requirement in school districts that were closed for an extended period during the 2011-12 school year due to extraordinary conditions.
Legislation has been enacted potentially affecting school districts, which were closed for an extended period during the 2011-12 school year due to extraordinary weather conditions. Pursuant to NYSEL 3604(7)(a), some districts may be able to waive the 180 day minimum session day requirement for up to ten days instead of five.

The new provision also includes extraordinary conditions not included in NYSEL 3604(7):  federal declarations of natural disaster, a state disaster emergency as defined in section 20 of Executive Law and the closing of transportation routes pursuant to a declared local state of emergency. 

The new provision potentially applies to districts that did not provide the 180 days of session required to receive full Foundation Aid, and were closed for an extended period during the 2011-12 school year; for example, extended closures related to extraordinary weather conditions that occurred in August 2011.

Districts that think they may be eligible for excusal under this new provision should email Andrea Hyary in the State Aid Office: ahyary@mail.nysed.gov to discuss the district's specific situation and receive further guidance.

The guidance document entitled: ATTENDANCE AND THE SCHOOL CALENDAR: Guidelines and Reporting for State Aid Purposes has been updated to reflect both of these changes.
Last Updated: December 5, 2017