S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7042
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law and the retirement and social security
   law,  in  relation  to increasing the required number of instructional
   days in a school year to two hundred

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 551 of the education law, as added by chapter 414
 of the laws of 1972, is amended to read as follows:
   § 551. Apportionment. 1. In order to meet proper health,  welfare  and
 safety  standards  in  qualifying  schools for the benefit of the pupils
 enrolled therein, there shall be apportioned health, welfare and  safety
 grants  by  the  commissioner  to  each qualifying school for the school
 years beginning on and after July first, nineteen  hundred  seventy-one,
 an amount equal to the product of thirty dollars multiplied by the aver-
 age  daily attendance of pupils receiving instruction in such school, to
 be applied for costs of maintenance and repair. Such apportionment shall
 be increased by ten dollars multiplied by the average  daily  attendance
 of  pupils  receiving instruction in a school building constructed prior
 to nineteen hundred forty-seven. In no event shall the per pupil  annual
 allowance  computed  under  this  section exceed fifty per centum of the
 average per pupil cost of  equivalent  maintenance  and  repair  in  the
 public  schools of the state on a state-wide basis, as determined by the
 commissioner, and in no event shall the apportionment  to  a  qualifying
 school  exceed  the amount of expenditures for maintenance and repair of
 such school as reported pursuant to section five  hundred  fifty-two  of
 this article.
   2.  The apportionment pursuant to this section shall be reduced by one
 [one hundred eightieth] TWO  HUNDREDTH  for  each  day  less  than  [one
 hundred  eighty] TWO HUNDRED days that such school was actually in total
 session in the base year, except that  the  commissioner  may  disregard
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09585-01-5
              

 A. 7042                             2
 
 such  reduction up to five days if [he] SUCH COMMISSIONER finds that the
 school was not in session for [one  hundred  eighty]  TWO  HUNDRED  days
 because of extraordinary adverse weather conditions, impairment of heat-
 ing  facilities,  insufficiency of water supply, shortage of fuel or the
 destruction of a school building, and if the commissioner further  finds
 that  such  school  cannot  make  up such days of instruction during the
 school year. No such reduction shall be made, however, for  any  day  on
 which  such  school  was in session for the purpose of administering the
 regents examinations or the regents  scholarship  examinations,  or  any
 day,  not  to  exceed  three  days,  when such school was not in session
 because of a conference of teachers  called  by  the  principal  of  the
 school.
   § 2. Subdivision 2 of section 1704 of the education law, as amended by
 chapter 543 of the laws of 1971, is amended to read as follows:
   2.  Except  as  otherwise  provided  by  law, no board of education or
 community board in the city school district of  the  city  of  New  York
 shall  provide  for  a school year consisting of fewer than [one hundred
 eighty] TWO HUNDRED days of school.
   § 3. Paragraph a of subdivision 4 of section  3204  of  the  education
 law,  as  amended  by  section  7 of part A of chapter 56 of the laws of
 2022, is amended to read as follows:
   a. A full time day school or class, except  as  otherwise  prescribed,
 shall  be  in session for not less than [one hundred eighty] TWO HUNDRED
 days each year, exclusive of legal holidays that occur during  the  term
 of said school and exclusive of Saturdays.
   §  4.  Paragraph  m  of  subdivision  12 and subdivision 16 of section
 3602-e of the education law, paragraph m of subdivision 12 as amended by
 section 19 of part B of chapter 57 of the laws of 2007  and  subdivision
 16 as amended by section 18 of part A of chapter 57 of the laws of 2013,
 are amended to read as follows:
   m.  a  process  for  the  waiver  of the time requirements established
 pursuant to this subdivision in order to authorize the  operation  of  a
 summer  universal  prekindergarten program limited to the months of July
 and August, upon a finding by the commissioner that the school  district
 is  unable  to  operate  the  program  during the regular school session
 because of a lack of available space  pursuant  to  regulations  of  the
 commissioner. Notwithstanding any other provision of this section to the
 contrary,  such  process  shall  provide  for a reduction of the aid per
 prekindergarten pupil payable for pupils served pursuant to such  waiver
 by  one  [one-hundred eightieth] TWO HUNDREDTH of the aid per prekinder-
 garten pupil determined pursuant to paragraph a of subdivision  ten  [or
 subparagraph  (i)  of  paragraph b of subdivision ten-a] of this section
 for each day less than [one hundred eighty] TWO HUNDRED  days  that  the
 summer program is in session.
   16. The grant payable to a school district pursuant to this section in
 the  current  year  shall  be reduced by one [one-hundred eightieth] TWO
 HUNDREDTH for each day less than [one hundred eighty] TWO  HUNDRED  days
 that the universal prekindergarten classes of the district were actually
 in  session,  except  that the commissioner may disregard such reduction
 for any deficiency that may be disregarded in computing total foundation
 aid pursuant to subdivision seven or eight of section thirty-six hundred
 four of this [chapter] PART and in addition may  disregard  a  reduction
 for  any  deficiency  that is caused by a delay in the opening of public
 school classes due to  extraordinarily  adverse  weather  conditions  or
 other  cause  cited  in  such  subdivision  seven  of section thirty-six
 A. 7042                             3
 
 hundred four that results in cancellation of the prekindergarten program
 or of transportation to such program.
   § 5. Subdivisions 7 and 8 of section 3604 of the education law, subdi-
 vision 7 as amended by chapter 107 of the laws of 2020 and subdivision 8
 as  amended  by  chapter 359 of the laws of 2023, are amended to read as
 follows:
   7. 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 quali-
 fied teacher or by successive qualified teachers or by qualified  teach-
 ers  for not less than [one hundred eighty] TWO HUNDRED 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] TWO HUNDREDTH of the district's total foundation  aid
 for  the  base  year  for  each  day  less than [one hundred eighty] TWO
 HUNDRED days that the schools of the district were actually in  session,
 except  that the commissioner may disregard such reduction in the appor-
 tionment of public money: (i) 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; or (ii) for up to five days if [he or she] SUCH COMMISSIONER  finds
 that  the  schools  of the district were not in session for [one hundred
 eighty] TWO HUNDRED days  because  of  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,  and  if,
 further,  the  commissioner finds that such district cannot make up such
 days of instruction by using for  the  secondary  grades  all  scheduled
 vacation  days which occur prior to the first scheduled regents examina-
 tion day in June, and for the elementary grades all  scheduled  vacation
 days  which occur prior to the last scheduled regents examination day in
 June; or (iii) for any day or days in the two thousand nineteen  --  two
 thousand  twenty school year on which session had been previously sched-
 uled but the chancellor of the city school district of the city  of  New
 York  or  the  superintendent of a district closed the school or schools
 due to a determination by the chancellor or superintendent that  it  was
 in  the  best interest of public health or safety of the school district
 to close the school or schools in response  to  the  novel  coronavirus,
 COVID-19.  For  the  purposes  of  this subdivision, "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.
   8.  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. A defi-
 ciency not exceeding four days during any school year caused  by  teach-
 ers'  attendance  upon conferences held by superintendents of schools of
 city school districts or other school  districts  employing  superinten-
 dents  of  schools shall be excused by the commissioner, notwithstanding
 any provision of law, rule or  regulation  to  the  contrary,  a  school
 A. 7042                             4
 
 district  may elect to schedule such conference days in the [last] FIRST
 two weeks of  August,  subject  to  collective  bargaining  requirements
 pursuant  to  article  fourteen  of the civil service law, and such days
 shall  be  counted towards the required [one hundred eighty] TWO HUNDRED
 days of session, provided however, 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. At least two such conference days during such school year shall
 be dedicated to staff attendance upon conferences providing staff devel-
 opment relating to implementation of the new high learning standards and
 assessments,  as  adopted  by the board of regents.  Notwithstanding any
 other provision of law, rule  or  regulation  to  the  contrary,  school
 districts may elect to use one or more of such allowable conference days
 in  units  of  not  less than one hour each to provide staff development
 activities relating to implementation of the new high learning standards
 and assessments. A district making such election may provide such  staff
 development  on any day during which sessions are allowed and apply such
 units to satisfy a deficiency  in  the  length  of  one  or  more  daily
 sessions  of  instruction  for pupils as specified in regulations of the
 commissioner. The commissioner shall assure that  such  conference  days
 include  appropriate  school violence prevention and intervention train-
 ing, and may require that up to one such conference day be dedicated for
 such purpose.
   § 6. Subdivision 2-a of section 3635 of the education  law,  as  sepa-
 rately  amended  by chapters 359 and 629 of the laws of 2023, is amended
 to read as follows:
   2-a. The superintendent of each city school district, in a city having
 a population in excess of one million, shall  prepare  a  public  school
 calendar and shall notify officials of nonpublic schools to which trans-
 portation  has  been  requested  not later than the first day of June in
 each year, of the days on which the public schools will be in session in
 the following school year. Such school district which provides transpor-
 tation to nonpublic schools shall provide such  transportation  for  the
 same number of days as the public schools are open but shall not provide
 transportation  services  for more than [one hundred eighty] TWO HUNDRED
 days.  Officials of each nonpublic school  to  which  transportation  is
 provided  by  a  city  school  district of a city having a population in
 excess of one million may notify such district, not later than the first
 day of July of each school year, of a maximum of five days, exclusive of
 Saturdays, Sundays or legal  holidays  upon  which  public  schools  are
 required  to  be closed, on which the public schools are scheduled to be
 closed, except that in any year in which the first or last day of  Pass-
 over and Easter Sunday are separated by more than seven days, such offi-
 cials  may notify the district of a maximum of ten days, but such school
 district will be required to provide for transportation to such  nonpub-
 lic  school provided that such five or ten additional days, whichever is
 applicable, are limited to the following: the Tuesday, Wednesday, Thurs-
 day and Friday after Labor Day, Rosh Hashanah, Yom Kippur, the  week  in
 which  public  schools  are  closed  for spring recess, December twenty-
 fourth and the week between Christmas day and New Year's day, the  Tues-
 day, Wednesday, Thursday and Friday after the observance of Washington's
 birthday, the first day of the second lunar month after the winter sols-
 tice  in the preceding calendar year, known as Asian Lunar New Year, the
 fifteenth day of the eighth month of the Indian calendar in  each  year,
 known as Diwali, and, in the boroughs of Brooklyn and Queens only, Anni-
 A. 7042                             5
 
 versary  Day  as designated in section twenty-five hundred eighty-six of
 this chapter.
   § 7. Subdivision f of section 446 of the retirement and social securi-
 ty  law,  as  amended  by chapter 210 of the laws of 1996, is amended to
 read as follows:
   f. Notwithstanding any other provision of law, any member of  the  New
 York  state and local employees' retirement system who is subject to the
 provisions of this article and who is employed by a school  district,  a
 board  of  cooperative  educational services, a vocational education and
 extension board, an institution for the instruction of the deaf  and  of
 the  blind as enumerated in section four thousand two hundred one of the
 education law, or a school district as  enumerated  in  section  one  of
 chapter  five  hundred  sixty-six of the laws of nineteen hundred sixty-
 seven as amended to date, shall have their service  credit  for  service
 rendered  on  or after January first, nineteen hundred ninety determined
 by dividing the number of days worked in a school year  by  one  hundred
 eighty FOR DAYS WORKED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS  OF  TWO  THOUSAND  TWENTY-FIVE  WHICH AMENDED THIS SUBDIVISION AND
 DETERMINED BY  DIVIDING THE NUMBER OF DAYS WORKED IN A  SCHOOL  YEAR  BY
 TWO  HUNDRED  FOR DAYS WORKED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-FIVE  WHICH  AMENDED  THIS  SUBDIVISION.
 For  the  purpose of this section a school year will begin on July first
 and end the following June thirtieth. No more than one year  of  service
 may be credited during any such fiscal year. Credit for service rendered
 before January first, nineteen hundred ninety shall be determined in the
 same  manner if a person eligible for such benefit shall file the appro-
 priate application with  the  state  comptroller  on  or  before  August
 second,  nineteen  hundred  ninety-six  and, within five years of filing
 such application, make payment for all costs necessary  to  finance  the
 receipt of such service credit.
   § 8. Subdivision f of section 513 of the retirement and social securi-
 ty  law,  as  amended  by chapter 210 of the laws of 1996, is amended to
 read as follows:
   f. Notwithstanding any other provision of law, any member of  the  New
 York  state and local employees' retirement system who is subject to the
 provisions of this article and who is employed by a school  district,  a
 board  of  cooperative  educational services, a vocational education and
 extension board, an institution for the instruction of the deaf  and  of
 the  blind as enumerated in section four thousand two hundred one of the
 education law, or a school district as  enumerated  in  section  one  of
 chapter  five  hundred  sixty-six of the laws of nineteen hundred sixty-
 seven as amended to date, shall have their service  credit  for  service
 rendered  on  or after January first, nineteen hundred ninety determined
 by dividing the number of days worked in a school year  by  one  hundred
 eighty FOR DAYS WORKED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS  OF  TWO  THOUSAND  TWENTY-FIVE  WHICH AMENDED THIS SUBDIVISION AND
 DETERMINED BY  DIVIDING THE NUMBER OF DAYS WORKED IN A  SCHOOL  YEAR  BY
 TWO  HUNDRED  FOR DAYS WORKED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-FIVE  WHICH  AMENDED  THIS  SUBDIVISION.
 For  the  purpose of this section a school year will begin on July first
 and end the following June thirtieth. No more than one year  of  service
 may be credited during any such fiscal year. Credit for service rendered
 before January first, nineteen hundred ninety shall be determined in the
 same  manner if a person eligible for such benefit shall file the appro-
 priate application with  the  state  comptroller  on  or  before  August
 second,  nineteen  hundred  ninety-six  and, within five years of filing
 A. 7042                             6
 
 such application, make payment for all costs necessary  to  finance  the
 receipt of such service credit.
   § 9. Subdivision f of section 609 of the retirement and social securi-
 ty  law,  as  amended  by chapter 210 of the laws of 1996, is amended to
 read as follows:
   f. Notwithstanding any other provision of law, any member of  the  New
 York  state and local employees' retirement system who is subject to the
 provisions of this article and who is employed by a school  district,  a
 board  of  cooperative  educational services, a vocational education and
 extension board, an institution for the instruction of the deaf  and  of
 the  blind as enumerated in section four thousand two hundred one of the
 education law, or a school district as  enumerated  in  section  one  of
 chapter  five  hundred  sixty-six of the laws of nineteen hundred sixty-
 seven as amended to date, shall have their service  credit  for  service
 rendered  on  or after January first, nineteen hundred ninety determined
 by dividing the number of days worked in a school year  by  one  hundred
 eighty FOR DAYS WORKED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS  OF  TWO  THOUSAND  TWENTY-FIVE  WHICH AMENDED THIS SUBDIVISION AND
 DETERMINED BY DIVIDING THE NUMBER OF DAYS WORKED IN A SCHOOL YEAR BY TWO
 HUNDRED FOR DAYS WORKED AFTER THE EFFECTIVE DATE OF THE CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVISION.  For
 the purpose of this section a school year will begin on July  first  and
 end  the  following June thirtieth. No more than one year of service may
 be credited during any such fiscal year.  Credit  for  service  rendered
 before January first, nineteen hundred ninety shall be determined in the
 same  manner if a person eligible for such benefit shall file the appro-
 priate application with  the  state  comptroller  on  or  before  August
 second,  nineteen  hundred  ninety-six  and, within five years of filing
 such application, make payment for all costs necessary  to  finance  the
 receipt of such service credit.
   §  10. This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.