(1) For pupils in half-day kindergarten, a minimum of 450 instructional hours.

(2) For pupils in full-day kindergarten and grades 1 through 6, a minimum of 900 instructional hours.

(3) For pupils in grades 7 through 12, a minimum of 990 instructional hours.

(1) Superintendents' conferences 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 may be credited toward the annual instructional requirement. Provided, however, 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 section 3604(8) and a district may use up to the product of 4 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, recordkeeping, or the preparation of lesson plans. Such superintendents' conferences authorized pursuant to Education Law section 3604(8), may be held, if the school district so elects, in the last two weeks of August, subject to collective bargaining requirements pursuant to article 14 of the Civil Service Law.

(1) Regents examinations. 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. On such days, attendance need not be taken, and attendance may not be assumed and claimed for State aid purposes under any circumstances. If grades 7 through 12 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.

(2) New York State assessments. Session days during which New York State assessments, including but not limited to the Grades 3 through 8 English language arts and mathematics assessments, are administered are days on which attendance must be taken and which instructional hours count toward the annual minimum hourly requirement.

(3) Other State assessments. On session days during which alternative and/or pathway assessments, as defined in section 100.2(f) and (mm) of this Title, are administered, attendance must be taken and only actual instructional hours for pupils in attendance, including the examination time, may be included within the instructional hour requirement. Grade levels that are excused from instruction on those days may not have hours count toward the requirement.

(1) For pupils in half-day kindergarten, two and one-half hours.

(2) For pupils in full-day kindergarten and grades 1 through 6, five hours.

(3) For pupils in grades 7 through 12, five and one-half hours.

(1) Notwithstanding any other provision of this section to the contrary, certain school districts that have demonstrated a safety issue and/or other scheduling challenges that prevented them from complying with the annual instructional hour requirement set forth in subdivision (c) of this section in the 2018-2019 school year may apply to the commissioner by November 15, 2019 for a single waiver for up to four school years from such requirement for the 2018-2019, 2019-2020, 2020-2021 and/or 2021-2022 school years; provided that such school district meets the following requirements:

(2) The commissioner will post a list of school districts with approved waivers for the 2018-2019, 2019-2020, 2020-2021 and/or 2021-2022 school years on the department’s website.

(1) Any day that a school is closed in the 2019-20 school year and the 180-day requirement set forth in subdivision (c) of this section is waived pursuant to an Executive Order(s) of the Governor pursuant to the state of emergency for the COVID-19 crisis or pursuant to Education Law section 3604(8), as amended by chapter 107 of the Laws of 2020, will satisfy the requirements for a waiver of the usually required reduction in monies payable to school districts under Education Law section 3604 in accordance with the terms of such Executive Order(s).

(2) For the 2019-20 and 2020-21 school years, notwithstanding any other provision of this section to the contrary, any school district may be eligible for a waiver from the annual instructional hour requirement set forth in subdivision (c) of this section if the district is unable to meet such requirement as a result of an Executive Order(s) of the Governor pursuant to the state of emergency declared for the COVID-19 crisis, or pursuant to Education Law section 3604(7), as amended by chapter 107 of the Laws of 2020, or reopening procedures implemented as a result of the COVID-19 crisis, provided that such district meets the requirements outlined in subparagraphs (m)(1)(i) and (iii) of this section.