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 100.3 - Program requirements for students grades prekindergarten through four

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prekindergarten and kindergarten programs operated by public schools and
				  voluntarily registered nonpublic schools.
(1) Each such school operating a
				  prekindergarten and/or kindergarten program shall adopt and implement
				  curricula, aligned with the State learning standards, that ensures continuity
				  with instruction in the early elementary grades and is integrated with the
				  instructional program in grades one through 12.
(2) Each such school operating a
				  prekindergarten and/or kindergarten program shall provide an early literacy and
				  emergent reading program based on effective, evidence-based instructional
				  practices. Essential components of this program shall include:
(i) background knowledge;
(ii) phonological awareness;
(iii) expressive and receptive
				  language;
(iv) vocabulary
				  development;
(v) phonemic
				  awareness;
(vi) fluency;
				  and
(vii) comprehension.
(3) The instructional program for
				  prekindergarten and kindergarten shall be based on the ages, interests,
				  strengths and needs of the children. Learning experiences in such programs
				  shall include:
(i) differentiated instruction
				  to support the acquisition of new concepts and skills;
(ii) materials and equipment which allow for
				  active and quiet play in indoor and outdoor environments;
(iii) instruction in the content area of
				  English language arts, mathematics, science, social studies and the arts,
				  including dance, music, theatre and visual arts; that is designed to facilitate
				  student attainment of the State learning standards and is aligned with the
				  instructional program in the early elementary grades;
(iv) opportunities for participation in
				  inquiry-based activities and projects;
(v) opportunities to use a wide variety of
				  information in print and electronic mediums;
(vi) fine and gross motor activities in
				  prekindergarten, and instruction in physical education in kindergarten pursuant
				  to section
				  135.4(c)(2)(i) 
				  of this Title; and
(vii)
				  instruction on health and nutrition topics for students in prekindergarten and
				  health education for students in kindergarten pursuant to section
				  135.3(b) 
				  of this Title.
(4) Each
				  school operating a prekindergarten and/or kindergarten program shall develop
				  procedures to ensure the active engagement of parents and/or guardians in the
				  education of their children. Such procedures shall include support to children
				  and their families for a successful transition into prekindergarten or
				  kindergarten and into the early elementary grades.
(5) Prohibition on administration of
				  traditional standardized tests.
(i) For
				  purposes of this subdivision,
traditional standardized test
shall mean a systematic method of gathering information from objectively scored
				  items that allow the test taker to select one or more of the given options or
				  choices as their response. Examples include multiple-choice, true-false, and
				  matching items. Traditional standardized tests are those that require the
				  student (and not the examiner/assessor) to directly use a "bubble" answer
				  sheet. Traditional standardized tests do not include performance assessments or
				  assessments in which students perform real-world tasks that demonstrate
				  application of knowledge and skills; assessments that are otherwise required to
				  be administered by Federal law; and/or assessments used for diagnostic or
				  formative purposes, including but not limited to assessments used for
				  diagnostic screening required by Education Law section 3208(5).
(ii) Notwithstanding the provisions of this
				  subdivision, no school district or voluntarily registered nonpublic school
				  shall administer traditional standardized tests in pre-kindergarten and
				  kindergarten programs; provided that nothing herein shall prohibit assessments
				  in which students perform real-world tasks that demonstrate application of
				  knowledge and skills or assessments that are otherwise required to be
				  administered by Federal law.