(a) Programs may be either full-day or half-day and must operate five days per week a minimum of 180 days per year; except that districts implementing programs for the first time or expansion classes in other districts may operate a minimum of 90 days, provided that in such instances the aid per prekindergarten pupil shall be reduced by ¹/₁₈₀th for each day less than 180 days that such program or expansion class is in session, except that the commissioner may disregard such reduction for any deficiency that may be disregarded in computing total foundation aid pursuant to Education Law section 3604(7) or (8), provided further that any day that a school is closed and the 180-day requirement is waived pursuant to an Executive Order(s) of the Governor pursuant to the state of emergency for the COVID-19 crisis, shall be waived from the 180-day and 90-day requirements set forth in this subdivision in accordance with the terms of such Executive Order(s).

(b) A district may operate a summer only program during the months of July and August, only upon demonstrating to the commissioner's satisfaction that the school district is unable to operate the program during the regular school session because of a lack of available space in both district buildings and eligible agencies. When a school district operates a summer only program the aid per prekindergarten pupil shall be reduced by ¹/₁₈₀th for each day less than 180 days that the summer program is in session.

(c) Unless waived by the commissioner pursuant to Education Law section 3602-e(5)(e) and section 151-1.5 of this Subpart, not less than 10 percent of the total grant award to school districts shall be set aside for the provision of the instructional program through collaborative efforts with eligible agencies. The program shall effectively use resources of the school district, eligible agencies, and the community to ensure that services are provided in an efficient and non- duplicative manner.

(d) School districts must establish a process to select eligible children to receive universal prekindergarten services on a random selection basis where there are more eligible children than can be served in a given school year, provided, however, that a school district that operated a targeted prekindergarten program in the base year may use the selection process established for such program.

The environment and learning activities of the prekindergarten program shall be designed to promote and increase inclusion and integration of preschool children with disabilities.

(f) The program shall be designed to ensure that participating children with limited English proficiency are provided equal access to the program and opportunities to achieve the same program goals and standards as other participating children.