§ 803 — Instruction in physical education and kindred subjects

§ 803. Instruction in physical education and kindred subjects. 1. All\npupils above the age of eight years in all elementary and secondary\nschools, shall receive as part of the prescribed courses of instruction\ntherein such physical education under the direction of the commissioner\nof education as the regents may determine. Such courses shall be\ndesigned to aid in the well-rounded education of pupils and in the\ndevelopment of character, citizenship, physical fitness, health and the\nworthy use of leisure. Pupils above such age attending the public\nschools shall be required to attend upon such prescribed courses of\ninstruction.\n 2. The board of education or trustees of every school district\nregularly employing twenty or more teachers shall employ a teacher or\nteachers qualified and duly licensed under the regulations of the\nregents to give such instruction; in every other district of the state,\nthey shall require such instruction to be given by the teacher or\nteachers regularly employed to give instruction in other subjects or by\na teacher or teachers qualified and duly licensed under the regulations\nof the regents.\n 3. The boards of education or trustees of two or more contiguous\ndistricts in the same supervisory district, however, may join in the\nemployment of a teacher qualified and duly licensed under the\nregulations of the regents to give such instruction; and the salary of\nsuch teacher and the expenses incurred on account of such instruction\nshall be apportioned by the district superintendent among such districts\naccording to the assessed valuation thereof, and as so apportioned shall\nbe a charge upon each of such districts.\n 4. Similar courses of instruction shall be prescribed and maintained\nin private schools in the state and all pupils in such schools over\neight years of age shall attend upon such courses; and if such courses\nare not so established and maintained in any private school, attendance\nupon instruction in such school shall not be deemed substantially\nequivalent to instruction given to children of like ages in the public\nschool or schools of the city or district in which the child resides.\n 5. It shall be the duty of the regents to adopt rules determining the\nsubjects to be included in courses of physical education provided for in\nthis section, the period of instruction in each of such courses, the\nqualifications of teachers, and the attendance upon such courses of\ninstruction.\n 6. The physical education hereinbefore provided for, may be given,\nwhen practicable, in any armory of the state where such armory is within\nconvenient distance from the school, and at such times and in such\nmanner as not to interfere with the regular military uses of such\narmory. The commanding officer in charge of any such armory shall, upon\napplication made by any board of education or trustees of the several\ncities and school districts within the state, permit access to any such\narmory, for the purposes herein mentioned.\n