§ 3204 — Instruction required

New York § 3204

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Part 1: Compulsory Education
• Art. 65: Compulsory Education and School Census

Text

§ 3204. Instruction required. 1. Place of instruction. A minor\nrequired to attend upon instruction by the provisions of part one of\nthis article may attend at a public school or elsewhere. The\nrequirements of this section shall apply to such a minor, irrespective\nof the place of instruction.\n 2. Quality and language of instruction; text-books. (i) Instruction\nmay be given only by a competent teacher. In the teaching of the\nsubjects of instruction prescribed by this section, English shall be the\nlanguage of instruction, and text-books used shall be written in\nEnglish, except that for a period of three years, which period may be\nextended by the commissioner with respect to individual pupils, upon\napplication therefor by the appropriate school authorities, to a period\nnot in excess of six years, from the date of enrollment in school,\npupils who, by reason of foreign birth or ancestry have limited English\nproficiency, shall be provided with instructional programs as specified\nin subdivision two-a of this section and the regulations of the\ncommissioner. The purpose of providing such pupils with instruction\nshall be to enable them to develop academically while achieving\ncompetence in the English language. Instruction given to a minor\nelsewhere than at a public school shall be at least substantially\nequivalent to the instruction given to minors of like age and\nattainments at the public schools of the city or district where the\nminor resides.\n (ii) For purposes of considering substantial equivalence pursuant to\nthis subdivision for nonpublic elementary and middle schools that are:\n(1) non-profit corporations, (2) have a bi-lingual program, and (3) have\nan educational program that extends from no later than nine a.m. until\nno earlier than four p.m. for grades one through three, and no earlier\nthan five thirty p.m. for grades four through eight, on the majority of\nweekdays, the department shall consider the following, but not limited\nto: if the curriculum provides academically rigorous instruction that\ndevelops critical thinking skills in the school's students, taking into\naccount the entirety of the curriculum, over the course of elementary\nand middle school, including instruction in English that will prepare\npupils to read fiction and nonfiction text for information and to use\nthat information to construct written essays that state a point of view\nor support an argument; instruction in mathematics that will prepare\npupils to solve real world problems using both number sense and fluency\nwith mathematical functions and operations; instruction in history by\nbeing able to interpret and analyze primary text to identify and explore\nimportant events in history, to construct written arguments using the\nsupporting information they get from primary source material,\ndemonstrate an understating of the role of geography and economics in\nthe actions of world civilizations, and an understanding of civics and\nthe responsibilities of citizens in world communities; and instruction\nin science by learning how to gather, analyze and interpret observable\ndata to make informed decisions and solve problems mathematically, using\ndeductive and inductive reasoning to support a hypothesis, and how to\ndifferentiate between correlational and causal relationships.\n (iii) For purposes of considering substantial equivalence pursuant to\nthis subdivision for nonpublic high schools that: (1) are established\nfor pupils in high school who have graduated from an elementary school\nthat provides instruction as described in this section, (2) are a\nnon-profit corporation, (3) have a bi-lingual program, and (4) have an\neducational program that extends from no later than nine a.m. until no\nearlier than six p.m. on the majority of weekdays the department shall\nconsider the following but not limited to: if the curriculum provides\nacademically rigorous instruction that develops critical thinking skills\nin the school's students, the outcomes of which, taking into account the\nentirety of the curriculum, result in a sound basic education.\n (iv) Nothing herein shall be construed to entitle or permit any school\nto receive an increase in mandated services aid pursuant to 8 NYCRR 176\non account of providing a longer school day.\n (v) The commissioner shall be the entity that determines whether\nnonpublic elementary and secondary schools are in compliance with the\nacademic requirements set forth in paragraphs (ii) and (iii) of this\nsubdivision.\n 2-a. Instructional programs for pupils of limited English proficiency.\n1. Each school district which is receiving total foundation aid shall\ndevelop a comprehensive plan consistent with requirements as the\ncommissioner may establish in regulations to meet the educational needs\nof pupils of limited English proficiency. Such plan shall include a\ndescription of the programs, activities and services used to meet the\neducational needs of pupils of limited English proficiency that comply\nwith the regulations of the commissioner governing such programs. By\nJuly first, two thousand eight, the commissioner shall develop\nguidelines for the enhancement of services for such pupils, which shall\ninclude but not be limited to the replication of existing model programs\nthat have been effective in meeting the needs of such pupils, and shall\nestablish eligibility standards for incentive grants to improve services\nto such pupils and the competitive process that will be used to award\nsuch grants. On or before March first of each year commencing with March\nfirst, two thousand nine, the commissioner shall submit a report to the\ngovernor, the director of the budget, the speaker of the assembly, the\ntemporary president of the senate, the chair of the fiscal committees of\nthe senate and assembly on the expenditure of state, local and federal\nfunds by school districts in the prior school year on programs,\nactivities and services for pupils of limited English proficiency, along\nwith recommendations for improvement of such programs.\n 2. The board of education of each school district receiving such funds\nshall provide a program of bilingual education or English as a second\nlanguage for eligible pupils and may contract with a board of\ncooperative educational services or another school district to provide\nsuch program, provided that in a city having a population of one million\nor more, the community school boards shall provide such program in the\nschools within their jurisdiction.\n 3. Eligibility for such programs shall be based on the following\ncriteria. A pupil who by reason of foreign birth or ancestry speaks a\nlanguage other than English, and either understands and speaks little or\nno English, or who has been identified by any English language\nassessment instrument approved by the commissioner as a pupil of limited\nEnglish proficiency, shall receive a program of bilingual education or\nEnglish as a second language in accordance with standards established by\nthe commissioner. A pupil's proficiency in the English language shall be\nmeasured annually by such language assessment instrument in order to\ndetermine further participation in bilingual education or English as a\nsecond language program in accordance with standards established by the\ncommissioner, subject to the provisions of subdivision two of this\nsection. The parent or guardian of a pupil designated as limited English\nproficient shall be informed by the local school authorities of the\npupil's placement in an instructional program.\n 4. Bilingual programs shall be designed to:\n (a) provide content instruction for children of limited English\nproficiency using the child's native language and English;\n (b) provide native language instruction; and\n (c) provide English as a second language instruction.\n 5. English as a second language program shall be designed to develop\nskills in listening, speaking, reading and writing the English language,\nand assist in the learning of content areas through monolingual\ninstruction in English.\n 6. The commissioner shall establish, by regulation, standards for\napproved programs for pupils of limited English proficiency.\n 7. After a pupil is enrolled in a regular instructional program, he\nmay receive additional instruction in his native language.\n 8. A school district which provides a program of bilingual education\nor English as a second language designed to meet the needs of pupils of\nlimited English proficiency, shall be empowered to:\n (a) impart to pupils a knowledge of the history and culture associated\nwith their native languages;\n (b) establish closer cooperation between the school and the home;\n (c) provide early childhood educational programs related to the\npurposes of this section and designed to improve the potential for\nprofitable learning activities by children;\n (d) offer adult education programs related to the purposes of this\nsection, particularly for parents of pupils with limited English\nproficiency;\n (e) provide programs designed for dropouts or potential dropouts\nhaving need of such programs; and\n (f) provide other activities deemed desirable to further the purposes\nof this section.\n 9. Any duly authorized local educational agency or agencies is hereby\nempowered to make application for any grant or grants in furtherance of\nthis section under any public law enacted by the United States Congress.\n 2-b. Gifted instruction in schools. The governing board of any school\ndistrict and any community school district is hereby empowered to\ndetermine the circumstances wherein instruction shall be given to meet\nthe special needs of gifted pupils as provided in this chapter.\n 3. Courses of study. a. (1) The course of study for the first eight\nyears of full time public day schools shall provide for instruction in\nat least the twelve common school branches of arithmetic, reading,\nspelling, writing, the English language, geography, United States\nhistory, civics, hygiene, physical training, the history of New York\nstate and science.\n (2) The courses of study and of specialized training beyond the first\neight years of full time public day schools shall provide for\ninstruction in at least the English language and its use, in civics,\nhygiene, physical training, and American history including the\nprinciples of government proclaimed in the Declaration of Independence\nand established by the constitution of the United States.\n (3) The courses of study beyond the first eight years of full time\npublic day schools may provide a program for a course in "communism and\nits methods and its destructive effects".\n b. For part time day schools. The course of study of a part time\npublic day school shall include such subjects as will enlarge the civic\nand vocational intelligence and skill of the minors required to attend.\n c. For evening schools. In a public evening school instruction shall\nbe given in at least speaking, reading, and writing English.\n d. For parental schools. In a parental school provision shall be made\nfor vocational training and for instruction in other subjects\nappropriate to the minor's age and attainments.\n e. Changes in courses of study. The state education department shall\nhave power to alter the subjects of instruction as prescribed in this\nsection.\n 4. Length of school sessions. a. A full time day school or class,\nexcept as otherwise prescribed, shall be in session for not less than\none hundred eighty days each year, exclusive of legal holidays that\noccur during the term of said school and exclusive of Saturdays.\n b. A part time day school or class shall be in session each year for\nat least four hours of each week during which the full time day schools\nare in session.\n c. Evening schools shall be in session each year as follows:\n (1) In cities having a population of one hundred thousand or more, on\nat least one hundred nights;\n (2) In cities having a population of fifty thousand but less than one\nhundred thousand, on at least seventy-five nights;\n (3) In each other city, and in each school district where twenty or\nmore persons from seventeen to twenty-one years of age are required to\nattend upon evening instruction, on at least fifty nights.\n 4-a. Special education. Every pupil, having been determined to be a\n"child with a handicapping condition" by a committee on the handicapped,\nshall be offered an opportunity to receive the benefits of an\nappropriate public education as prescribed in article eighty-nine of\nthis chapter.\n 4-b. The board of education or the board of trustees of each school\ndistrict shall establish a policy and adopt procedures to allow any\nstudent in such district to participate in the graduation ceremony of\nthe student's high school graduating class and all related activities if\nsuch student has been awarded a skills and achievement commencement\ncredential or career development and occupational studies commencement\ncredential but has not otherwise qualified for a regents or local\ndiploma. The policy and procedures shall provide annual written notice\nto all students and their parents or guardians about the school\ndistrict's policy and procedures adopted in accordance with this\nsubdivision. Nothing in this subdivision shall compel a student to\nparticipate in the high school graduation ceremony and activities. For\npurposes of this subdivision, a student's high school graduating class\nshall be the twelfth grade class with which such student entered into\nninth grade.\n 5. Subject to rules and regulations of the board of regents, a pupil\nmay, consistent with the requirements of public education and public\nhealth, be excused from such study of health and hygiene as conflicts\nwith the religion of his parents or guardian. Such conflict must be\ncertified by a proper representative of their religion as defined by\nsection two of the religious corporations law.\n 6. Notwithstanding any law, rule, or regulation to the contrary:\n (a) Instruction at a nonpublic school satisfies all the requirements\nof this part applicable to instruction, including subdivision two of\nthis section, subdivision two of section thirty-two hundred ten of this\npart, and any other requirements in this chapter applicable to\ninstruction, and shall thereby qualify as and be finally recognized to\nbe at least substantially equivalent to the instruction given to minors\nof like age and attainments at the public schools of the city or\ndistrict where the minor resides, if such nonpublic school is:\n (i) a registered high school or nonpublic school serving grades one\nthrough eight that has a registered high school;\n (ii) a state-approved private special education school or\nstate-operated or state-supported school established by the state\nlegislature pursuant to article eighty-five, eighty-seven or\neighty-eight of this chapter;\n (iii) a nonpublic school that is accredited or is awarded provisional\nstatus by an accreditation body approved by the commissioner for\npurposes of demonstrating compliance with the requirements of this\nsection, except that such provisional status shall only apply for the\nfirst five years that such nonpublic school has been awarded provisional\nstatus. An accreditation body shall have the knowledge and expertise to\nproperly evaluate the entirety of the day's curriculum of those schools\nthat it accredits and shall use a peer review process that includes\nevaluation by leaders of similar nonpublic schools, appropriately train\nall staff and peer reviewers who are involved in the accreditation\nprocess, accredit based on publicly accessible documented standards,\nperform a comprehensive onsite visit of any school seeking accreditation\nwhile such school is in session, and periodically conduct a combination\nof interim and full accreditation reviews of the nonpublic schools which\nit accredits during at least a ten-year period. Additionally, such\naccreditation body shall require nonpublic schools seeking accreditation\nto have curriculum that is informed by research, document individual\nstudent progress, and have mechanisms for monitoring, assessing, and\nproviding feedback on student progress. The commissioner may, at any\ntime, revoke such commissioner's approval of an accreditation body for\ncause, upon notice and hearing;\n (iv) a nonpublic school that participates in the international\nbaccalaureate program;\n (v) a nonpublic school whose instruction is approved by the United\nStates government for instruction on a military base or service academy;\n (vi) a nonpublic school in which the percentage of students who score\n"proficient" on a year-end summative or cumulative assessment and taken\nin the same subject areas and for the same grade levels as the annual\nNew York state testing program to comply with the federal Every Student\nSucceeds Act is equal to or greater than one of the following metrics,\nand such school has declared the intended use of such metric at the\nbeginning of the school year:\n (1) the percentage of similarly situated public school students\nscoring at the "proficient" level on New York state testing program\ntests taken in the same subject areas and grade levels in the school\ndistrict that serves the same geographic area as the nonpublic school is\nlocated; or\n (2) the percentage of similarly situated public school students\nstatewide scoring at the "proficient" level on New York state testing\nprogram tests taken in the same subject areas and grade levels; or\n (vii) a nonpublic school that administers a year-end summative or\ncumulative assessment taken in substantially the same subject areas and\nsame grade levels as the annual New York state testing program to comply\nwith the federal Every Student Succeeds Act, has a three-year average\nparticipation rate that is equal to or greater than the three-year\nstatewide average participation rate, and uses the results to assess the\nschool's educational program and to seek to improve instruction and its\nstudents' performance on such tests.\n (a-1) A nonpublic school's satisfaction of one or more criteria listed\nin paragraph (a) of this subdivision in one school year shall not\nautomatically be deemed satisfaction of such criteria in later school\nyears if such school ceases to satisfy such criteria in such later\nyears.\n (b) (i) For purposes of subparagraphs (vi) and (vii) of paragraph (a)\nof this subdivision, the following terms shall have the following\nmeanings:\n (1) "Year-end summative or cumulative assessment" shall mean one or\nmore assessments selected by the nonpublic school that qualifies as (A)\na New York state testing program test; (B) an assessment approved by the\ncommissioner; or (C) a nationally-recognized, commercially published\nnorm-referenced achievement test that is: (I) recognized and used in at\nleast three other states; (II) selected by the nonpublic school from one\nof the following: the Iowa Test of Basic Skills, the California\nAchievement Test, the Stanford Achievement Test, the Comprehensive Test\nof Basic Skills, the Metropolitan Achievement Test, i-Ready, a state\neducation department test, or; (III) another test approved by the state\neducation department. All assessments and materials used in connection\nwith such assessments shall be culturally competent and respectful of\ncultural curricula and pedagogy. A nonpublic school shall not need to\nuse the same year-end summative or cumulative assessment across all\ngrades or years and may change assessments used at any time.\n (2) "Proficient" shall mean, as applicable, (A) a score of\n"proficient" on a New York state testing program test; (B) a score\ndetermined by the commissioner for an assessment approved by the\ncommissioner; or (C) a score of at least the thirty-third percentile on\na nationally-recognized, commercially published norm-referenced\nachievement test, unless the commissioner approves a lower percentage\nfor such tests.\n (ii) To rely on subparagraph (vi) of paragraph (a) of this\nsubdivision, a nonpublic school shall demonstrate a student\nparticipation rate on its year-end summative or cumulative assessment or\nassessments equal to or greater than the three-year average statewide\nparticipation rate.\n (iii) To allow for adequate preparation of students in connection with\nsubparagraphs (vi) and (vii) of paragraph (a) of this subdivision, a\nphase-in period shall be established. During such phase-in period, a\nnonpublic school and its affiliated schools shall be deemed to have met\nthe criteria in subparagraphs (vi) and (vii) of paragraph (a) of this\nsubdivision, for purposes of all components of this subdivision. Such\nphase-in status shall commence upon the effective date of this\nsubdivision, including prior to the administration of any year-end\nsummative or cumulative assessment, and shall continue until the first\ncohort entering second grade at such nonpublic school after such\neffective date completes the year-end summative or cumulative assessment\nfor the third grade and shall further continue in the subsequent years,\nas long as such nonpublic school continues administering a year-end\nsummative or cumulative assessment for the third grade and adds one\nadditional, higher grade each year until such nonpublic school is\nadministering a year-end summative or cumulative assessment for grades\nthree through ten. The phase-in period shall end after the two thousand\nthirty-two--two thousand thirty-three school year. Prior to such cohorts\ntested using year-end summative or cumulative assessments under\nsubparagraphs (vi) and (vii) of paragraph (a) of this subdivision, such\ncohorts may be provided with practice and/or sample testing questions to\nbegin familiarizing themselves with standardized testing methodology.\nThe phase-in period shall be applicable to all nonpublic schools, and it\nshall only be necessary for a nonpublic school to administer year-end\nsummative or cumulative assessments for the phased-in grades,\nnotwithstanding the nonpublic school's past or current administration of\nsuch assessments for other grades.\n (iv) If a nonpublic school meets, or has been deemed pursuant to\nsubparagraph (iii) of this paragraph to have met, the criteria in\nsubparagraph (vi) or (vii) of paragraph (a) of this subdivision, then\nduring the phase-in period of subparagraph (iii) of this paragraph, all\naffiliated schools shall be deemed to have met such criteria. Affiliated\nschools are those with one of the following: the same office of\nreligious and independent school support (ORISS) code under a single\nbasic educational data system (BEDS) code; or the same organization with\na different BEDS code in the same location; or the same ORISS code and\nleadership but may have physical buildings in different locations.\nDuring the phase-in period of subparagraph (iii) of this paragraph, a\nnonpublic school which meets the criteria of subparagraph (vii) of\nparagraph (a) of this subdivision shall include its affiliated schools\nwhen using the results of the year-end summative or cumulative\nassessment to assess educational programming and improve instruction and\nstudents' performance on such tests. During the phase-in period of\nsubparagraph (iii) of this paragraph, if a nonpublic school meets the\ncriteria in subparagraph (iii) of paragraph (a) of this subdivision with\nrespect to provisional status then all affiliated schools shall be\ndeemed to have met such criteria. If a nonpublic high school meets the\ncriteria in subparagraph (i) or (vi) of paragraph (a) of this\nsubdivision, then all affiliated middle or elementary schools shall be\ndeemed to have met such criteria.\n (c) Nothing in this subdivision shall preclude the commissioner from\ndefining by rule or regulation alternative criteria which may also be\nused to demonstrate that instruction at a nonpublic school is in\ncompliance with this section. Compliance with this section may be\ndemonstrated through any one or more of the criteria established in this\nsubdivision and shall thereby qualify as and be finally recognized to be\nsubstantially equivalent without any further requirements. A nonpublic\nschool's satisfaction of one or more criteria in one school year shall\nnot automatically be deemed satisfaction of such criteria in later\nschool years if such school ceases to satisfy such criteria in such\nlater years. A nonpublic school may elect at any time to select\ndifferent criteria. A nonpublic school's omission to satisfy one or more\ncriteria shall not affect a nonpublic school's ability to satisfy\nanother criteria, or such criteria at a later date.\n