2023 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  eighty  days  each  year, exclusive 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.