STATE OF NEW YORK ________________________________________________________________________ 6693 2025-2026 Regular Sessions IN ASSEMBLY March 7, 2025 ___________ Introduced by M. of A. GALLAHAN -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to the required number of days school is in session and providing schools the option to operate one hundred eighty days of instruction or the equivalent number of hours of pupil instruction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds and declares 2 that a number of schools nationwide have implemented a flexible school 3 week schedule while still maintaining the statutorily required amount of 4 instructional time. This type of flexibility has resulted in savings on 5 such items as energy, transportation and substitute teacher costs, along 6 with better attendance, less time lost to extracurricular activities, 7 more opportunities for teacher training and appointments, and longer 8 class periods for instructional time. Many of the districts in other 9 states which have already implemented flexible school schedules tend to 10 be smaller and rural with long transportation routes to and from 11 schools, and with no other option to save costs other than to close 12 schools or layoff staff. Given the fiscal crisis facing New York as well 13 as rising fuel, energy, and transportation costs, a flexible school week 14 schedule based on the equivalent hours of pupil instruction may offer 15 schools operational flexibility without jeopardizing the amount of 16 instructional time required by law. 17 New York state is without legal authority to operate less than one 18 hundred eighty days of instruction without forfeiting state aid. The 19 lack of operational flexibility in school districts, in particular 20 regard to instructional days, is a problem largely unaddressed in state 21 statute or regulation. A well-planned alternative school week schedule 22 can be cost-effective, and can provide flexibility for those school 23 districts in fiscal crisis, while maintaining a quality education. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08811-01-5
A. 6693 2 1 Therefore, the legislature finds that enactment of this legislation is 2 necessary and appropriate to make certain that school boards, after 3 thorough review and public comment, have the discretion and authority to 4 provide local school districts with operational flexibility to modify 5 the number of instructional days per year, while maintaining the quality 6 of education at the particular school or schools requesting a flexible 7 school week schedule. 8 § 2. Section 551 of the education law, as added by chapter 414 of the 9 laws of 1972, is amended to read as follows: 10 § 551. Apportionment. 1. In order to meet proper health, welfare and 11 safety standards in qualifying schools for the benefit of the pupils 12 enrolled therein, there shall be apportioned health, welfare and safety 13 grants by the commissioner to each qualifying school for the school 14 years beginning on and after July first, nineteen hundred seventy-one, 15 an amount equal to the product of thirty dollars multiplied by the aver- 16 age daily or equivalent hourly attendance of pupils receiving instruc- 17 tion in such school, to be applied for costs of maintenance and repair. 18 Such apportionment shall be increased by ten dollars multiplied by the 19 average daily or equivalent hourly attendance of pupils receiving 20 instruction in a school building constructed prior to nineteen hundred 21 forty-seven. In no event shall the per pupil annual allowance computed 22 under this section exceed fifty per centum of the average per pupil cost 23 of equivalent maintenance and repair in the public schools of the state 24 on a state-wide basis, as determined by the commissioner, and in no 25 event shall the apportionment to a qualifying school exceed the amount 26 of expenditures for maintenance and repair of such school as reported 27 pursuant to section five hundred fifty-two of this article. 28 2. The apportionment pursuant to this section shall be reduced by one 29 one hundred eightieth for each day less than one hundred eighty days 30 that such school was actually in total session in the base year, or a 31 school failing to comply with the equivalent number of hours of pupil 32 instruction shall forfeit from its apportionment an amount determined by 33 applying a ratio of the number of hours the school was in noncompliance 34 in relation to the required minimum equivalent number of hours of pupil 35 instruction, except that the commissioner may disregard such reduction 36 up to five days or the equivalent number of hours if [he] the commis- 37 sioner finds that the school was not in session for one hundred eighty 38 days or the equivalent number of hours of pupil instruction because of 39 extraordinary adverse weather conditions, impairment of heating facili- 40 ties, insufficiency of water supply, shortage of fuel or the destruction 41 of a school building, and if the commissioner further finds that such 42 school cannot make up such days or the equivalent number of hours of 43 instruction during the school year. No such reduction shall be made, 44 however, for any day on which such school was in session for the purpose 45 of administering the regents examinations or the regents scholarship 46 examinations, or any day, not to exceed three days, or the equivalent 47 number of hours when such school was not in session because of a confer- 48 ence of teachers called by the principal of the school. 49 § 3. Subdivision 2 of section 1704 of the education law, as amended by 50 chapter 543 of the laws of 1971, is amended to read as follows: 51 2. Except as otherwise provided by law, no board of education or 52 community board in the city school district of the city of New York 53 shall provide for a school year consisting of fewer than one hundred 54 eighty days of school or the equivalent number of hours of pupil 55 instruction.
A. 6693 3 1 § 4. Paragraphs a and c of subdivision 2 of section 2117 of the educa- 2 tion law, as added by chapter 744 of the laws of 1952, are amended to 3 read as follows: 4 a. The whole time school has been maintained in their district during 5 the year ending on June thirtieth previous to the date of such report, 6 and stating what portion of the time such school has been taught by 7 qualified teachers, and the whole number of days, or the equivalent 8 number of hours of pupil instruction, including holidays, in which the 9 school was taught by qualified teachers. 10 c. The number of children taught in the district during such year by 11 qualified teachers, and the aggregate days' or equivalent hours' attend- 12 ance of all such children. 13 § 5. The first undesignated paragraph of section 3107 of the education 14 law, as amended by chapter 784 of the laws of 1961, is amended to read 15 as follows: 16 In cities having a population of one million or more, employees of the 17 board of education who are members of the New York city teachers' 18 retirement system shall be granted sick leave due to personal illness. 19 Such sick leave shall be on the basis of at least ten days for each year 20 of service, cumulative to a maximum of two hundred days. Members shall 21 upon application be granted a retirement leave of absence with full pay 22 consisting of one-half of their accumulated unused sick leave, up to a 23 maximum of one school term or the equivalent number of school days or 24 the equivalent number of hours of pupil instruction. 25 § 6. Paragraph a of subdivision 4 of section 3204 of the education 26 law, as amended by section 7 of part A of chapter 56 of the laws of 27 2022, is amended to read as follows: 28 a. A full time day school or class, except as otherwise prescribed, 29 shall be in session for not less than one hundred eighty days each year, 30 or the equivalent number of hours of pupil instruction, exclusive of 31 legal holidays that occur during the term of said school and exclusive 32 of Saturdays. 33 § 7. Paragraphs d, k and l of subdivision 1 of section 3602 of the 34 education law, as amended by section 11 of part B of chapter 57 of the 35 laws of 2007, the opening paragraph of paragraph (d) as amended by 36 section 6 of and paragraph (l) as amended by section 7 of part A of 37 chapter 56 of the laws of 2023, are amended to read as follows: 38 d. "Average daily attendance" shall mean the total number of attend- 39 ance days or the equivalent number of hours of pupil instruction of 40 pupils in a public school of a school district in kindergarten through 41 grade twelve, or equivalent ungraded programs, plus the total number of 42 instruction days or the equivalent number of hours of pupil instruction 43 for such pupils receiving homebound instruction including pupils receiv- 44 ing remote instruction as defined in the regulations of the commission- 45 er, divided by the number of days or equivalent hours the district 46 school was in session as provided in this section. The attendance of 47 pupils with disabilities attending under the provisions of paragraph c 48 of subdivision two of section forty-four hundred one of this chapter 49 shall be added to average daily or equivalent hourly attendance. 50 (1) Equivalent attendance shall mean the quotient of the total number 51 of student hours of instruction in programs in a public school of a 52 school district or a board of cooperative educational services leading 53 to a high school diploma or a high school equivalency diploma as defined 54 in regulations of the commissioner for pupils under the age of twenty- 55 one not on a regular day school register of the district, divided by one 56 thousand. Average daily or equivalent hourly attendance shall include
A. 6693 4 1 the equivalent attendance of the school district. For the purposes of 2 secondary school weighting, such equivalent attendance shall be consid- 3 ered as average daily or equivalent hourly attendance in grades seven 4 through twelve. 5 (2) In computing average daily or equivalent hourly attendance, school 6 districts may, with the commissioner's approval, exclude attendance for 7 those days or equivalent number of hours of pupil instruction, on which 8 school attendance was adversely affected because of an epidemic or 9 manmade or natural disaster or act of terrorism. In computing such 10 attendance, the school district shall: (i) determine the number of reli- 11 gious holidays which fall on a school day in which school is scheduled 12 to be in session within a school year according to regulations estab- 13 lished by the commissioner, such religious holidays to be duly recog- 14 nized as such for purposes of this section by duly adopted resolution of 15 the board of education; (ii) deduct the aggregate attendance on such 16 religious holidays from the total aggregate attendance, by grade level; 17 (iii) deduct such religious holidays from the total number of days or 18 equivalent number of hours of pupil instruction of session, by grade 19 level; and (iv) compute the average daily or equivalent hourly attend- 20 ance for the school year. 21 k. "Attendance ratio" shall mean the number computed to four decimals 22 without rounding when the aggregate days or equivalent hours attendance 23 is divided by the possible aggregate attendance of all pupils in attend- 24 ance in the district, as computed for each school district by the 25 commissioner by June first of the year following the attendance year. 26 l. "Average daily membership" shall mean the possible aggregate 27 attendance of all pupils in attendance in a public school of the school 28 district in kindergarten through grade twelve, or equivalent ungraded 29 programs, including possible aggregate attendance for such pupils 30 receiving homebound instruction, including pupils receiving remote 31 instruction as defined in the regulations of the commissioner, with the 32 possible aggregate attendance of such pupils in one-half day kindergar- 33 tens multiplied by one-half, divided by the number of days or equivalent 34 number of hours of pupil instruction the district school was in session 35 as provided in this section. The full time equivalent enrollment of 36 pupils with disabilities attending under the provisions of paragraph c 37 of subdivision two of section forty-four hundred one of this chapter 38 shall be added to average daily or equivalent hourly membership. Aver- 39 age daily or equivalent hourly membership shall include the equivalent 40 attendance of the school district, as computed pursuant to paragraph d 41 of this subdivision. In any instance where a pupil is a resident of 42 another state or an Indian pupil is a resident of any portion of a 43 reservation located wholly or partly within the borders of the state 44 pursuant to subdivision four of section forty-one hundred one of this 45 chapter or a pupil is living on federally owned land or property, such 46 pupil's possible aggregate attendance shall be counted as part of the 47 possible aggregate attendance of the school district in which such pupil 48 is enrolled. 49 § 8. Paragraphs a and b of subdivision 2 of section 3602 of the educa- 50 tion law, as amended by section 13 of part B of chapter 57 of the laws 51 of 2007, are amended to read as follows: 52 a. Computation of resident weighted average daily or equivalent hourly 53 attendance. For purposes of this section weighted average daily or 54 equivalent hourly attendance of a school district for any school year 55 shall be computed as follows:
A. 6693 5 1 (1) Weighted average daily or equivalent hourly attendance shall be 2 determined by using the average daily or equivalent hourly attendance of 3 public school pupils in a full-day kindergarten and grades one through 4 six as the basic unit, with the attendance of such pupils in one-half 5 day kindergartens measured at one-half of such basic unit and the 6 attendance of such pupils in grades seven through twelve measured at one 7 and one-quarter of such basic unit. The sum of all such units of 8 attendance shall be the weighted average daily or equivalent hourly 9 attendance. 10 (2) In computing such attendance, the school district shall (i) deter- 11 mine the number of religious holidays which fall on a school day in 12 which school is scheduled to be in session within a school year accord- 13 ing to regulations established by the commissioner, such religious holi- 14 days to be duly recognized as such for purposes of this section by duly 15 adopted resolution of the board of education; (ii) deduct the aggregate 16 attendance on such religious holidays from the total aggregate attend- 17 ance, by grade level; (iii) deduct such religious holidays from the 18 total number of days or equivalent number of hours of session, by grade 19 level; (iv) compute the weighted average daily or equivalent hourly 20 attendance for the school year. 21 (3) In any instance where a pupil is a resident of another state or an 22 Indian pupil is a resident of any portion of a reservation located whol- 23 ly or partly within the borders of the state pursuant to subdivision 24 four of section forty-one hundred one of this chapter or a pupil is 25 living on federally owned land or property, such pupil's attendance 26 shall be counted as part of the weighted average daily or equivalent 27 hourly attendance of the school district in which such pupil is 28 enrolled. 29 (4) Resident weighted average daily or equivalent hourly attendance 30 for purposes of determining the aid ratio of a school district for any 31 school year shall be the weighted average daily or equivalent hourly 32 attendance for the school year immediately preceding the base year, less 33 the weighted average daily or equivalent hourly attendance of nonresi- 34 dent pupils attending public schools in the district for such school 35 year, plus the weighted average daily or equivalent hourly attendance of 36 pupils resident in the district but attending public schools in another 37 district or state plus the weighted average daily or equivalent hourly 38 attendance of pupils resident in the district but attending full-time a 39 school operated by a board of cooperative educational services or a 40 county vocational education and extension board for such school year. 41 The attendance of nonresident pupils attending public school in the 42 district and resident pupils attending such schools outside of the 43 district shall be determined by applying to the number of such pupils 44 registered during the school year in each case the ratio of aggregate 45 days or equivalent hours attendance to the possible aggregate days or 46 equivalent hours attendance of all pupils in attendance in the district. 47 Indian pupils of a reservation attending public school, or pupils living 48 on the United States military reservation at West Point attending public 49 school, shall be deemed to be resident pupils of the district providing 50 such school, for purposes of this paragraph. Where a school district has 51 entered into a contract with the state university pursuant to subdivi- 52 sion two of section three hundred fifty-five of this chapter under which 53 the school district makes payments in the nature of tuition for the 54 education of certain children residing in the district, such children 55 for whom such tuition payments are made shall be deemed to be resident 56 pupils of such district for the purposes of this paragraph.
A. 6693 6 1 (5) In determining the resident weighted average daily or equivalent 2 hourly attendance of a component school district of a central high 3 school district for computing the aid ratio the weighted average daily 4 or equivalent hourly attendance of high school pupils residing in such 5 component district and attending the central high school shall be 6 included. The resident weighted average daily or equivalent hourly 7 attendance of a central high school district itself shall be the sum of 8 the resident weighted average daily or equivalent hourly attendance of 9 each component school district computed as provided in the first 10 sentence of this paragraph. 11 (6) Notwithstanding the provisions of subparagraphs four and five of 12 this paragraph, when a school district shall experience an increase in 13 resident weighted average daily or equivalent hourly attendance during 14 the current year because of the closing in whole, or in part, of a non- 15 public school or a campus school, or a school previously operated by the 16 United States government on the United States military reservation at 17 West Point, the commissioner, in computing any aid ratio of such 18 district, shall permit the use of such additional resident weighted 19 average daily or equivalent hourly attendance for aid ratio purposes 20 during the current year and the next succeeding year, provided that such 21 additional resident weighted average daily or equivalent hourly attend- 22 ance attributable to such closing, or part thereof, shall be in excess 23 of one hundred students; provided, however, that such district which 24 qualifies for an increase in total wealth pupil units pursuant to para- 25 graph f of this subdivision, shall use the increase in resident weighted 26 average daily or equivalent hourly attendance, even if such increase in 27 resident weighted average daily or equivalent hourly attendance is less 28 than one hundred. 29 b. Computation of adjusted average daily or equivalent hourly attend- 30 ance. For purposes of this section adjusted average daily or equivalent 31 hourly attendance of a school district for any school year shall be 32 computed as follows: 33 (1) Adjusted average daily or equivalent hourly attendance shall be 34 determined by using the average daily or equivalent hourly attendance of 35 public school pupils in a full-day kindergarten and grades one through 36 twelve as the basic unit, with the attendance of such pupils in one-half 37 day kindergartens measured at one-half of such basic unit. The sum of 38 all such units of attendance shall be the adjusted average daily or 39 equivalent hourly attendance. 40 (2) In computing such attendance, the school district shall (i) deter- 41 mine the number of religious holidays which fall on a school day in 42 which school is scheduled to be in session within a school year accord- 43 ing to regulations established by the commissioner, such religious holi- 44 days to be duly recognized as such for purposes of this section by duly 45 adopted resolution of the board of education; (ii) deduct the aggregate 46 attendance on such religious holidays from the total aggregate attend- 47 ance, by grade level; (iii) deduct such religious holidays from the 48 total number of days or equivalent number of hours of session, by grade 49 level; (iv) compute the adjusted average daily or equivalent hourly 50 attendance for the school year. 51 (3) In any instance where a pupil is a resident of another state or an 52 Indian pupil is a resident of any portion of a reservation located whol- 53 ly or partly within the borders of the state pursuant to subdivision 54 four of section forty-one hundred one of this chapter or a pupil is 55 living on federally owned land or property, such pupil's attendance
A. 6693 7 1 shall be counted as part of the adjusted average daily attendance of the 2 school district in which such pupil is enrolled. 3 § 9. Paragraph e of subdivision 1 of section 3602-c of the education 4 law, as amended by chapter 740 of the laws of 1982, is amended to read 5 as follows: 6 e. "Average daily attendance" shall mean the total number of attend- 7 ance days or the equivalent number of hours of pupils receiving services 8 divided by the number of days or equivalent hours the public school was 9 in session for each attendance period. For each such attendance period 10 the total number of attendance days or equivalent number of hours for 11 each such pupil shall be determined by multiplying the number of days or 12 equivalent hours on which each such pupil was in attendance by the ratio 13 obtained by dividing the number of class periods of each such pupil by 14 the total number of class periods, not to exceed five, operated by the 15 public school during the school day. Only pupils residing in this state 16 shall be included in such computation. 17 § 10. Paragraph m of subdivision 12 and subdivision 16 of section 18 3602-e of the education law, paragraph m of subdivision 12 as amended by 19 section 19 of part B of chapter 57 of the laws of 2007 and subdivision 20 16 as amended by section 18 of part A of chapter 57 of the laws of 2013, 21 are amended to read as follows: 22 m. a process for the waiver of the time requirements established 23 pursuant to this subdivision in order to authorize the operation of a 24 summer universal prekindergarten program limited to the months of July 25 and August, upon a finding by the commissioner that the school district 26 is unable to operate the program during the regular school session 27 because of a lack of available space pursuant to regulations of the 28 commissioner. Notwithstanding any other provision of this section to the 29 contrary, such process shall provide for a reduction of the aid per 30 prekindergarten pupil payable for pupils served pursuant to such waiver 31 by one one-hundred eightieth of the aid per prekindergarten pupil deter- 32 mined pursuant to paragraph a of subdivision ten [or subparagraph (i) of 33 paragraph b of subdivision ten-a] of this section for each day or equiv- 34 alent hour less than one hundred eighty days or the equivalent number of 35 hours that the summer program is in session. 36 16. The grant payable to a school district pursuant to this section in 37 the current year shall be reduced by one one-hundred eightieth for each 38 day less than one hundred eighty days that the universal prekindergarten 39 classes of the district were actually in session, or a district failing 40 to comply with the equivalent number of hours of pupil instruction shall 41 forfeit from its total state aid allocation an amount determined by 42 applying a ratio of the number of hours the district was in noncompli- 43 ance in relation to the required minimum equivalent number of hours of 44 pupil instruction, except that the commissioner may disregard such 45 reduction for any deficiency that may be disregarded in computing total 46 foundation aid pursuant to subdivision seven or eight of section thir- 47 ty-six hundred four of this [chapter] part and in addition may disregard 48 a reduction for any deficiency that is caused by a delay in the opening 49 of public school classes due to extraordinarily adverse weather condi- 50 tions or other cause cited in such subdivision seven of section thirty- 51 six hundred four that results in cancellation of the prekindergarten 52 program or of transportation to such program. 53 § 11. Subdivisions 7 and 8 of section 3604 of the education law, 54 subdivision 7 as amended by chapter 107 of the laws of 2020 and subdivi- 55 sion 8 as amended by chapter 359 of the laws of 2023, are amended and
A. 6693 8 1 five new subdivisions 7-c, 7-d, 7-e, 7-f and 7-g are added to read as 2 follows: 3 7. No district shall be entitled to any portion of such school moneys 4 on such apportionment unless the report of the trustees or board of 5 education for the preceding school year shall show that the public 6 schools were actually in session in the district and taught by a quali- 7 fied teacher or by successive qualified teachers or by qualified teach- 8 ers for not less than one hundred eighty days or the equivalent number 9 of hours of pupil instruction. The moneys payable to a school district 10 pursuant to section thirty-six hundred nine-a of this part in the 11 current year shall be reduced by one one-hundred eightieth of the 12 district's total foundation aid for the base year for each day less than 13 one hundred eighty days that the schools of the district were actually 14 in session or a district failing to comply with the equivalent number of 15 hours of pupil instruction shall forfeit from its total state aid allo- 16 cation an amount determined by applying a ratio of the number of hours 17 the district was in noncompliance in relation to the required minimum 18 equivalent number of hours of pupil instruction, except that the commis- 19 sioner may disregard such reduction in the apportionment of public 20 money: (i) for any day or days or the equivalent number of hours on 21 which session had been previously scheduled but the superintendent was 22 required to close the school or schools due to a properly executed 23 declaration of a state or local state of emergency pursuant to article 24 two-B of the executive law; or (ii) for up to five days, or the equiv- 25 alent number of hours if [he or she] the commissioner finds that the 26 schools of the district were not in session for one hundred eighty days 27 or the equivalent number of hours because of extraordinarily adverse 28 weather conditions, impairment of heating facilities, insufficiency of 29 water supply, shortage of fuel, lack of electricity, natural gas leak- 30 age, unacceptable levels of chemical substances, a credible threat to 31 student safety as reasonably determined by a lead school official or the 32 destruction of a school building either in whole or in part, and if, 33 further, the commissioner finds that such district cannot make up such 34 days or equivalent hours of instruction by using for the secondary 35 grades all scheduled vacation days which occur prior to the first sched- 36 uled regents examination day in June, and for the elementary grades all 37 scheduled vacation days which occur prior to the last scheduled regents 38 examination day in June; or (iii) for any day or days in the two thou- 39 sand nineteen -- two thousand twenty school year on which session had 40 been previously scheduled but the chancellor of the city school district 41 of the city of New York or the superintendent of a district closed the 42 school or schools due to a determination by the chancellor or super- 43 intendent that it was in the best interest of public health or safety of 44 the school district to close the school or schools in response to the 45 novel coronavirus, COVID-19. For the purposes of this subdivision, 46 "scheduled vacation days" shall mean days on which the schools of the 47 district are not in session and for which no prohibition exists in 48 subdivision eight of this section for them to be in session. 49 7-c. For the purposes of this section, "one hundred eighty days" means 50 one hundred eighty days of instruction or the equivalent number of hours 51 of pupil instruction per school year based on a different number of days 52 of instruction approved by the school district governing board or char- 53 ter school governing body. 54 7-d. The local school board, in its discretion, may authorize some or 55 all of its schools to modify the number of instructional days per year 56 after thorough review and public comment. Before authorizing some or
A. 6693 9 1 all of its schools to modify the number of instructional days per year, 2 the school board, shall within its review, include, but not be limited 3 to, consideration of the following: 4 a. how the school or schools will maintain a quality education; 5 b. the reason for the request; 6 c. the educational benefit to pupils; 7 d. ways to negotiate the changes with the collective bargaining unit 8 representing the employees affected by the changes; 9 e. input from employees affected by the changes but not represented by 10 a collective bargaining agreement; 11 f. the impact of an alternative school week schedule on primary grade 12 pupils; and 13 g. the impact of an alternative school week schedule on working 14 parents who may be required to find child care services for their school 15 age children due to the shortened school week. 16 7-e. After review, but not limited to the considerations set forth in 17 subdivision seven-d of this section, a school board shall conduct at 18 least one public hearing, to gather public input, and to provide at 19 least thirty days notice to the public prior to such hearing. The 20 school board may authorize some or all of its schools to modify the 21 number of instructional days per year provided the total number of hours 22 of instruction per year is no less than the minimum number of instruc- 23 tional hours per year established by the commissioner's regulations for 24 that particular group of pupils. Subject to a policy developed and 25 adopted by the board of any school district, the board may provide for a 26 school term consisting of school hours. 27 7-f. A district failing to comply with the required minimum hours of 28 pupil instruction per year as established by the commissioner's regu- 29 lations, shall forfeit from its total state aid allocation an amount 30 determined by applying a ratio of the number of hours the district was 31 in noncompliance in relation to the required minimum number of hours as 32 established by the commissioner. Not later than August first, the board 33 of each district shall certify to the department the number of hours of 34 pupil instruction in the previous school year. If the district did not 35 provide at least the required minimum number of hours of pupil instruc- 36 tion as established by the commissioner, the deduction of state aid 37 shall be made in the following fiscal year from the first payment of 38 state school aid. 39 7-g. The commissioner shall promulgate regulations establishing the 40 minimum number of hours of pupil instruction per year. 41 8. No school shall be in session on a Saturday, the first day of the 42 second lunar month after the winter solstice in the preceding calendar 43 year known as Asian Lunar New Year, or a legal holiday, except general 44 election day, Washington's birthday and Lincoln's birthday, and except 45 that driver education classes may be conducted on a Saturday. A defi- 46 ciency not exceeding four days or the equivalent number of hours during 47 any school year caused by teachers' attendance upon conferences held by 48 superintendents of schools of city school districts or other school 49 districts employing superintendents of schools shall be excused by the 50 commissioner, notwithstanding any provision of law, rule or regulation 51 to the contrary, a school district may elect to schedule such conference 52 days or the equivalent number of hours in the last two weeks of August, 53 subject to collective bargaining requirements pursuant to article four- 54 teen of the civil service law, and such days shall be counted towards 55 the required one hundred eighty days of session, provided however, that 56 such scheduling shall not alter the obligation of the school district to
A. 6693 10 1 provide transportation to students in non-public elementary and second- 2 ary schools or charter schools. At least two such conference days or the 3 equivalent number of hours during such school year shall be dedicated to 4 staff attendance upon conferences providing staff development relating 5 to implementation of the new high learning standards and assessments, as 6 adopted by the board of regents. Notwithstanding any other provision of 7 law, rule or regulation to the contrary, school districts may elect to 8 use one or more of such allowable conference days or the equivalent 9 number of hours in units of not less than one hour each to provide staff 10 development activities relating to implementation of the new high learn- 11 ing standards and assessments. A district making such election may 12 provide such staff development on any day during which sessions are 13 allowed and apply such units to satisfy a deficiency in the length of 14 one or more daily or equivalent hourly sessions of instruction for 15 pupils as specified in regulations of the commissioner. The commissioner 16 shall assure that such conference days or the equivalent number of hours 17 include appropriate school violence prevention and intervention train- 18 ing, and may require that up to one such conference day or the equiv- 19 alent number of hours be dedicated for such purpose. 20 § 12. Subdivision 2-a of section 3635 of the education law, as sepa- 21 rately amended by chapters 359 and 629 of the laws of 2023, is amended 22 to read as follows: 23 2-a. The superintendent of each city school district, in a city having 24 a population in excess of one million, shall prepare a public school 25 calendar and shall notify officials of nonpublic schools to which trans- 26 portation has been requested not later than the first day of June in 27 each year, of the days on which the public schools [will] are scheduled 28 to be in session in the following school year. Such school district 29 which provides transportation to nonpublic schools shall provide such 30 transportation for the same number of days as the public schools are 31 open but shall not provide transportation services for more than one 32 hundred eighty days. Officials of each nonpublic school to which trans- 33 portation is provided by a city school district of a city having a popu- 34 lation in excess of one million may notify such district, not later than 35 the first day of July of each school year, of a maximum of five days, 36 exclusive of Saturdays, Sundays or legal holidays upon which public 37 schools are required to be closed, on which the public schools are sche- 38 duled to be closed, except that in any year in which the first or last 39 day of Passover and Easter Sunday are separated by more than seven days, 40 such officials may notify the district of a maximum of ten days, but 41 such school district will be required to provide for transportation to 42 such nonpublic school provided that such five or ten additional days, 43 whichever is applicable, are limited to the following: the Tuesday, 44 Wednesday, Thursday and Friday after Labor Day, Rosh Hashanah, Yom 45 Kippur, the week in which public schools are closed for spring recess, 46 December twenty-fourth and the week between Christmas day and New Year's 47 day, the Tuesday, Wednesday, Thursday and Friday after the observance of 48 Washington's birthday, the first day of the second lunar month after the 49 winter solstice in the preceding calendar year, known as Asian Lunar New 50 Year, the fifteenth day of the eighth month of the Indian calendar in 51 each year, known as Diwali, and, in the boroughs of Brooklyn and Queens 52 only, Anniversary Day as designated in section twenty-five hundred 53 eighty-six of this chapter. 54 § 13. This act shall take effect on the first of July next succeeding 55 the date on which it shall have become a law.