(a) A pupil who is enrolled in an approved New York State summer high school who attends a minimum of 42 hours of actual instruction in a subject area is eligible for admission to August Regents examinations in such subject area. The principal of a high school offering August Regents examinations may admit to a Regents examination other students enrolled in the summer high school or enrolled in the same high school during the regular school year, provided such students have demonstrated adequate proficiency in the subject involved. The principal of a high school offering August Regents examinations may also admit students who are not enrolled in such school, provided the principal of the student's home high school requests in writing that the student be permitted to take an examination for which the student has demonstrated adequate proficiency.

(b) A summer school session that provides 45 hours of instruction or the equivalent shall be considered the equivalent of one semester of work for each subject. Standings earned in Regents examinations in August may be applied toward a Regents diploma.