New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter E - Elementary and Secondary Education › Part 100 - Elementary and Secondary Education School Program › Section 100.2 - General school requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Administration of elementary and secondary schools.
The board of education of each school district shall employ
					 and assign to each school under its supervision a full-time principal holding
					 the appropriate certification as required pursuant to section 80.4(b) of this
					 Title. Upon the submission of evidence that there are circumstances which do
					 not justify the assignment of a principal to a particular school, or that
					 another mode of building administration would be more effective, the
					 commissioner may approve an alternative mode of building administration. Within
					 the policy guidelines of the board of education of the school district and
					 under the direction of the superintendent, each principal shall provide
					 leadership in the development of the educational program in the school to which
					 he or she is assigned, including the supervision and administration of the
					 school program, involvement with the selection and retention of staff,
					 professional consultation, direction and assistance to the faculty and students
					 of the school, and fostering effective home/school/community
					 partnerships.
(b) State
				  syllabi.
In grades kindergarten through 12, the use of a State
					 syllabus, where available, is recommended for all subjects. The use of a State
					 syllabus may be required for individual schools identified pursuant to
					 paragraph (m)(3) of this section as being in need of assistance, and shall be
					 used to the extent specified in section
					 100.5(a)(7)-(8), (b)(6) and
					 (d)(3)(ii)  of this Part.
(c) Instruction in certain subjects.
Pursuant to articles 2, 17 and 65 of the Education Law,
					 instruction in certain subjects in elementary and secondary school shall be
					 provided as follows:
(1) for all
				  students, instruction in patriotism and citizenship, as required by section 801 
				  of the Education Law;
(2) for all
				  public school students, instruction that supports development of a school
				  environment free of harassment, bullying, and/or discrimination as required by
				  the Dignity For All Students Act (article 2 of the Education Law), with an
				  emphasis on discouraging acts of harassment, bullying, and/or discrimination,
				  including but not limited to instruction that raises students' awareness and
				  sensitivity to harassment, bullying and/or discrimination based on a person's
				  actual or perceived race as defined in Education Law section 11(9), color,
				  weight, national origin, ethnic group, religion, religious practice,
				  disability, sexual orientation, gender, or sex, and instruction in the safe,
				  responsible use of the Internet and electronic communications; provided that in
				  public schools other than charter schools, such instruction shall be provided
				  as part of a component on civility, citizenship and character education in
				  accordance with section 801-a  of the Education Law;
(3) for all students in the eighth and higher
				  grades, instruction in the history, meaning, significance and effect of the
				  provisions of the Constitution of the United States and the amendments thereto,
				  the Declaration of Independence, the Constitution of the State of New York and
				  the amendments thereto, as required by section 801  of the Education
				  Law;
(4) for all students, health
				  education regarding alcohol, drugs and tobacco abuse, as required by section 804  of the Education Law;
(5) for
				  all students, instruction in highway safety and traffic regulation, as required
				  by section 806  of the Education Law;
(6) for all students, instruction in fire
				  drills and in fire and arson prevention, injury prevention and life safety
				  education, as required by sections 807 and 808  of the Education Law. Such
				  course of instruction shall include materials to educate children on the
				  dangers of falsely reporting a criminal incident or impending explosion or fire
				  emergency involving danger to life or property or impending catastrophe, or a
				  life safety emergency;
(7) for all
				  students in grades one through eight, instruction in New York State history and
				  civics as required by section 3204 (3)  of the Education Law;
(8) for public school students, instruction
				  relating to the flag and certain legal holidays, as required by section 802  of
				  the Education Law;
(9) for all
				  public elementary school students, instruction in the humane treatment of
				  animals and birds, as required by section 809  of the Education Law;
				  and
(10) for all public school
				  students, instruction relating to the conservation of the natural resources of
				  the State, as required by section 810  of the Education Law;
(11) students in senior high schools shall be
				  provided instruction in hands-only cardiopulmonary resuscitation and the use of
				  an automated external defibrillator.
(i)
				  Standards for such instruction shall be based on a nationally recognized
				  instructional program that utilizes the most current guidelines for
				  cardiopulmonary resuscitation and emergency cardiovascular care issued by the
				  American Heart Association or a substantially equivalent organization and be
				  consistent with the requirements of the programs adopted by the American Heart
				  Association or the American Red Cross, and shall incorporate instruction
				  designed to:
(a) recognize the signs of a
				  possible cardiac arrest and to call 911;
(b) provide an opportunity to demonstrate the
				  psychomotor skills necessary to perform hands-only compression cardiopulmonary
				  resuscitation; and
(c) provide
				  awareness in the use of an automated external defibrillator.
(ii) Nothing in this paragraph
				  shall prohibit a voluntary course of instruction in comprehensive
				  cardiopulmonary resuscitation provided by a properly certified instructor in
				  cardiopulmonary resuscitation which results in a certificate pursuant to the
				  provisions of Education Law section 804-c. Students who receive such
				  instruction in comprehensive cardiopulmonary resuscitation pursuant to the
				  provisions of Education Law section 804-c shall be deemed to meet the
				  requirements of this paragraph.
(iii) Nothing in this paragraph relating to
				  required instruction in hands-only cardiopulmonary resuscitation and
				  instruction in the use of an automated external defibrillator shall require a
				  licensed teacher to possess certification for such instruction that does not
				  result in certification in cardiopulmonary resuscitation or certification in
				  the operation of an automated external defibrillator and in its
				  instruction.
(iv) A student
				  identified with a disability that precludes his or her ability to participate
				  in hands-only cardiopulmonary resuscitation and the use of an automated
				  external defibrillator may be exempted from the instruction requirement in this
				  paragraph if the student's individualized education program developed in
				  accordance with section
				  200.4  of this Title or
				  accommodation plan developed pursuant to section 504 of the Rehabilitation Act
				  of 1973 states that the student is physically or cognitively unable to perform
				  the tasks included in the instruction.
(v) Notwithstanding the provisions of this
				  subdivision, senior high schools shall be exempted from providing an
				  opportunity to students to demonstrate the psychomotor skills necessary to
				  perform hands-only compression cardiopulmonary resuscitation required by this
				  paragraph:
(a) for the 2019-2020 school year
				  where such schools were unable to provide such opportunity due to school
				  closures ordered pursuant to an Executive Order of the Governor pursuant to a
				  State of emergency for the COVID-19 crisis; and
(b) for the 2020-2021 school year where such
				  schools were unable to provide such opportunity as a result of providing remote
				  or hybrid instruction during the COVID-19 crisis.
(12) for all public school
				  students in grades kindergarten through 8, instruction designed to educate
				  students, parents, teachers, and other school personnel about the prevention of
				  child sexual exploitation and child sexual abuse in accordance with section 803-b  of the Education Law. Such instruction may be included as part of a
				  school's health education program pursuant to section
				  135.3  of this Title. Curriculum
				  addressing this topic should be developed in consultation with school
				  counselors, school social workers, school psychologists, parents and community
				  members and shall be designed to:
(i) assist
				  children, parents, teachers, and other school personnel in identifying child
				  sexual abuse and child sexual exploitation;
(ii) provide awareness, assistance, referral,
				  and resource information for children and families who are victims of child
				  sexual abuse and/or child sexual exploitation; and
(ii) be aligned to grade band objectives
				  prescribed by the commissioner in guidance.