NY Educ L § 3204 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 65 - Compulsory Education and School Census Part 1 - Compulsory Education 3204 - Instruction Required.

§ 3204. Instruction   required.  1.  Place  of  instruction.  A  minor required to attend upon instruction by the provisions  of  part  one  of this   article   may  attend  at  a  public  school  or  elsewhere.  The requirements of this section shall apply to such a  minor,  irrespective of the place of instruction.   2.  Quality  and  language of instruction; text-books. (i) Instruction may be given only by  a  competent  teacher.  In  the  teaching  of  the subjects of instruction prescribed by this section, English shall be the language  of  instruction,  and  text-books  used  shall  be  written in English, except that for a period of three years, which  period  may  be extended  by  the  commissioner  with respect to individual pupils, upon application therefor by the appropriate school authorities, to a  period not  in  excess  of  six  years,  from the date of enrollment in school, pupils who, by reason of foreign birth or ancestry have limited  English proficiency,  shall be provided with instructional programs as specified in subdivision  two-a  of  this  section  and  the  regulations  of  the commissioner.  The  purpose  of  providing  such pupils with instruction shall  be  to  enable  them  to  develop  academically  while  achieving competence  in  the  English  language.  Instruction  given  to  a minor elsewhere than at a  public  school  shall  be  at  least  substantially equivalent   to  the  instruction  given  to  minors  of  like  age  and attainments at the public schools of the  city  or  district  where  the minor resides.  (ii)  For  purposes of considering substantial equivalence pursuant to this subdivision for nonpublic elementary and middle schools  that  are: (1) non-profit corporations, (2) have a bi-lingual program, and (3) have an  educational  program that extends from no later than nine a.m. until no earlier than four p.m. for grades one through three, and  no  earlier than  five thirty p.m. for grades four through eight, on the majority of weekdays, the department shall consider the following, but  not  limited to:  if  the  curriculum provides academically rigorous instruction that develops critical thinking skills in the school's students, taking  into account  the  entirety  of the curriculum, over the course of elementary and middle school, including instruction in English  that  will  prepare pupils  to  read  fiction and nonfiction text for information and to use that information to construct written essays that state a point of  view or  support  an  argument;  instruction in mathematics that will prepare pupils to solve real world problems using both number sense and  fluency with  mathematical  functions  and operations; instruction in history by being able to interpret and analyze primary text to identify and explore important events in history, to construct written  arguments  using  the supporting   information   they   get   from  primary  source  material, demonstrate an understating of the role of geography  and  economics  in the  actions  of world civilizations, and an understanding of civics and the responsibilities of citizens in world communities;  and  instruction in  science  by learning how to gather, analyze and interpret observable data to make informed decisions and solve problems mathematically, using deductive and inductive reasoning to support a hypothesis,  and  how  to differentiate between correlational and causal relationships.  (iii)  For purposes of considering substantial equivalence pursuant to this subdivision for nonpublic high schools that:  (1)  are  established for  pupils  in high school who have graduated from an elementary school that provides instruction as  described  in  this  section,  (2)  are  a non-profit  corporation,  (3) have a bi-lingual program, and (4) have an educational program that extends from no later than nine a.m.  until  no earlier  than  six p.m. on the majority of weekdays the department shall consider the following but not limited to: if  the  curriculum  provides academically rigorous instruction that develops critical thinking skills  in the school's students, the outcomes of which, taking into account the entirety of the curriculum, result in a sound basic education.  (iv) Nothing herein shall be construed to entitle or permit any school to  receive an increase in mandated services aid pursuant to 8 NYCRR 176 on account of providing a longer school day.  (v) The commissioner shall  be  the  entity  that  determines  whether nonpublic  elementary  and  secondary schools are in compliance with the academic requirements set forth in paragraphs (ii)  and  (iii)  of  this subdivision.   2-a. Instructional programs for pupils of limited English proficiency. 1.  Each  school  district which is receiving total foundation aid shall develop  a  comprehensive  plan  consistent  with  requirements  as  the commissioner  may establish in regulations to meet the educational needs of pupils of limited English proficiency.  Such  plan  shall  include  a description  of  the  programs, activities and services used to meet the educational needs of pupils of limited English proficiency  that  comply with  the  regulations  of  the commissioner governing such programs. By July  first,  two  thousand  eight,  the  commissioner   shall   develop guidelines  for the enhancement of services for such pupils, which shall include but not be limited to the replication of existing model programs that have been effective in meeting the needs of such pupils, and  shall establish eligibility standards for incentive grants to improve services to  such  pupils  and the competitive process that will be used to award such grants. On or before March first of each year commencing with March first, two thousand nine, the commissioner shall submit a report to  the governor,  the  director of the budget, the speaker of the assembly, the temporary president of the senate, the chair of the fiscal committees of the senate and assembly on the expenditure of state, local  and  federal funds  by  school  districts  in  the  prior  school  year  on programs, activities and services for pupils of limited English proficiency, along with recommendations for improvement of such programs.   2. The board of education of each school district receiving such funds shall provide a program of bilingual education or English  as  a  second language   for  eligible  pupils  and  may  contract  with  a  board  of cooperative educational services or another school district  to  provide such program, provided that in a city having a population of one million or  more,  the community school boards shall provide such program in the schools within their jurisdiction.   3. Eligibility for such programs  shall  be  based  on  the  following criteria.  A  pupil  who by reason of foreign birth or ancestry speaks a language other than English, and either understands and speaks little or no  English,  or  who  has  been  identified  by  any  English  language assessment instrument approved by the commissioner as a pupil of limited English  proficiency,  shall receive a program of bilingual education or English as a second language in accordance with standards established by the commissioner. A pupil's proficiency in the English language shall be measured annually by such language assessment  instrument  in  order  to determine  further  participation in bilingual education or English as a second language program in accordance with standards established by  the commissioner,  subject  to  the  provisions  of  subdivision two of this section. The parent or guardian of a pupil designated as limited English proficient shall be informed by the  local  school  authorities  of  the pupil's placement in an instructional program.   4. Bilingual programs shall be designed to:  (a)  provide  content  instruction  for  children  of  limited English proficiency using the child's native language and English;  (b) provide native language instruction; and  (c) provide English as a second language instruction.    5. English as a second language program shall be designed  to  develop skills in listening, speaking, reading and writing the English language, and  assist  in  the  learning  of  content  areas  through  monolingual instruction in English.   6.  The  commissioner  shall  establish,  by regulation, standards for approved programs for pupils of limited English proficiency.   7. After a pupil is enrolled in a regular  instructional  program,  he may receive additional instruction in his native language.   8.  A  school district which provides a program of bilingual education or English as a second language designed to meet the needs of pupils  of limited English proficiency, shall be empowered to:  (a) impart to pupils a knowledge of the history and culture associated with their native languages;  (b) establish closer cooperation between the school and the home;  (c)  provide  early  childhood  educational  programs  related  to the purposes of this section and  designed  to  improve  the  potential  for profitable learning activities by children;  (d)  offer  adult  education  programs related to the purposes of this section,  particularly  for  parents  of  pupils  with  limited  English proficiency;  (e)  provide  programs  designed  for  dropouts  or potential dropouts having need of such programs; and  (f) provide other activities deemed desirable to further the  purposes of this section.   9.  Any duly authorized local educational agency or agencies is hereby empowered to make application for any grant or grants in furtherance  of this section under any public law enacted by the United States Congress.   2-b.  Gifted instruction in schools. The governing board of any school district and any  community  school  district  is  hereby  empowered  to determine  the  circumstances wherein instruction shall be given to meet the special needs of gifted pupils as provided in this chapter.   3. Courses of study. a. (1) The course of study for  the  first  eight years  of  full time public day schools shall provide for instruction in at least the twelve  common  school  branches  of  arithmetic,  reading, spelling,  writing,  the  English  language,  geography,  United  States history, civics, hygiene, physical training, the  history  of  New  York state and science.  (2)  The courses of study and of specialized training beyond the first eight  years  of  full  time  public  day  schools  shall  provide   for instruction  in  at  least  the English language and its use, in civics, hygiene,  physical  training,  and  American   history   including   the principles  of  government proclaimed in the Declaration of Independence and established by the constitution of the United States.  (3) The courses of study beyond the first eight  years  of  full  time public  day schools may provide a program for a course in "communism and its methods and its destructive effects".   b. For part time day schools. The course  of  study  of  a  part  time public  day school shall include such subjects as will enlarge the civic and vocational intelligence and skill of the minors required to attend.   c. For evening schools. In a public evening school  instruction  shall be given in at least speaking, reading, and writing English.   d.  For parental schools. In a parental school provision shall be made for  vocational  training  and  for  instruction   in   other   subjects appropriate to the minor's age and attainments.   e.  Changes  in courses of study. The state education department shall have power to alter the subjects of instruction as  prescribed  in  this section.    4.  Length  of  school  sessions.  a. A full time day school or class, except as otherwise prescribed, shall be in session for  not  less  than one  hundred  ninety  days  each  year, inclusive of legal holidays that occur during the term of said school and exclusive of Saturdays.   b.  A  part time day school or class shall be in session each year for at least four hours of each week during which the full time day  schools are in session.   c. Evening schools shall be in session each year as follows:  (1)  In cities having a population of one hundred thousand or more, on at least one hundred nights;  (2) In cities having a population of fifty thousand but less than  one hundred thousand, on at least seventy-five nights;  (3)  In  each  other city, and in each school district where twenty or more persons from seventeen to twenty-one years of age are  required  to attend upon evening instruction, on at least fifty nights.   4-a.  Special  education.  Every pupil, having been determined to be a "child with a handicapping condition" by a committee on the handicapped, shall  be  offered  an  opportunity  to  receive  the  benefits  of   an appropriate  public  education  as  prescribed in article eighty-nine of this chapter.   4-b. The board of education or the board of trustees  of  each  school district  shall  establish  a  policy  and adopt procedures to allow any student in such district to participate in the  graduation  ceremony  of the student's high school graduating class and all related activities if such  student  has  been  awarded  a skills and achievement commencement credential or career development and occupational  studies  commencement credential  but  has  not  otherwise  qualified  for  a regents or local diploma. The policy and procedures shall provide annual  written  notice to  all  students  and  their  parents  or  guardians  about  the school district's  policy  and  procedures  adopted  in  accordance  with  this subdivision.  Nothing  in  this  subdivision  shall  compel a student to participate in the high school graduation ceremony and  activities.  For purposes  of  this subdivision, a student's high school graduating class shall be the twelfth grade class with which such  student  entered  into ninth grade.   5.  Subject  to rules and regulations of the board of regents, a pupil may, consistent with the requirements of  public  education  and  public health,  be  excused  from such study of health and hygiene as conflicts with the religion of his parents or  guardian.  Such  conflict  must  be certified  by  a  proper  representative of their religion as defined by section two of the religious corporations law.