N.Y. Education Law § 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.

6. Notwithstanding any law, rule, or regulation to the contrary:

(a) Instruction at a nonpublic school satisfies all the requirements

of this part applicable to instruction, including subdivision two of

this section, subdivision two of section thirty-two hundred ten of this

part, and any other requirements in this chapter applicable to

instruction, and shall thereby qualify as and be finally recognized to

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, if such nonpublic school is:

(i) a registered high school or nonpublic school serving grades one

through eight that has a registered high school;

(ii) a state-approved private special education school or

state-operated or state-supported school established by the state

legislature pursuant to article eighty-five, eighty-seven or

eighty-eight of this chapter;

(iii) a nonpublic school that is accredited or is awarded provisional

status by an accreditation body approved by the commissioner for

purposes of demonstrating compliance with the requirements of this

section, except that such provisional status shall only apply for the

first five years that such nonpublic school has been awarded provisional

status. An accreditation body shall have the knowledge and expertise to

properly evaluate the entirety of the day's curriculum of those schools

that it accredits and shall use a peer review process that includes

evaluation by leaders of similar nonpublic schools, appropriately train

all staff and peer reviewers who are involved in the accreditation

process, accredit based on publicly accessible documented standards,

perform a comprehensive onsite visit of any school seeking accreditation

while such school is in session, and periodically conduct a combination

of interim and full accreditation reviews of the nonpublic schools which

it accredits during at least a ten-year period. Additionally, such

accreditation body shall require nonpublic schools seeking accreditation

to have curriculum that is informed by research, document individual

student progress, and have mechanisms for monitoring, assessing, and

providing feedback on student progress. The commissioner may, at any

time, revoke such commissioner's approval of an accreditation body for

cause, upon notice and hearing;

(iv) a nonpublic school that participates in the international

baccalaureate program;

(v) a nonpublic school whose instruction is approved by the United

States government for instruction on a military base or service academy;

(vi) a nonpublic school in which the percentage of students who score

"proficient" on a year-end summative or cumulative assessment and taken

in the same subject areas and for the same grade levels as the annual

New York state testing program to comply with the federal Every Student

Succeeds Act is equal to or greater than one of the following metrics,

and such school has declared the intended use of such metric at the

beginning of the school year:

(1) the percentage of similarly situated public school students

scoring at the "proficient" level on New York state testing program

tests taken in the same subject areas and grade levels in the school

district that serves the same geographic area as the nonpublic school is

located; or

(2) the percentage of similarly situated public school students

statewide scoring at the "proficient" level on New York state testing

program tests taken in the same subject areas and grade levels; or

(vii) a nonpublic school that administers a year-end summative or

cumulative assessment taken in substantially the same subject areas and

same grade levels as the annual New York state testing program to comply

with the federal Every Student Succeeds Act, has a three-year average

participation rate that is equal to or greater than the three-year

statewide average participation rate, and uses the results to assess the

school's educational program and to seek to improve instruction and its

students' performance on such tests.

(a-1) A nonpublic school's satisfaction of one or more criteria listed

in paragraph (a) of this subdivision in one school year shall not

automatically be deemed satisfaction of such criteria in later school

years if such school ceases to satisfy such criteria in such later

years.

(b) (i) For purposes of subparagraphs (vi) and (vii) of paragraph (a)

of this subdivision, the following terms shall have the following

meanings:

(1) "Year-end summative or cumulative assessment" shall mean one or

more assessments selected by the nonpublic school that qualifies as (A)

a New York state testing program test; (B) an assessment approved by the

commissioner; or (C) a nationally-recognized, commercially published

norm-referenced achievement test that is: (I) recognized and used in at

least three other states; (II) selected by the nonpublic school from one

of the following: the Iowa Test of Basic Skills, the California

Achievement Test, the Stanford Achievement Test, the Comprehensive Test

of Basic Skills, the Metropolitan Achievement Test, i-Ready, a state

education department test, or; (III) another test approved by the state

education department. All assessments and materials used in connection

with such assessments shall be culturally competent and respectful of

cultural curricula and pedagogy. A nonpublic school shall not need to

use the same year-end summative or cumulative assessment across all

grades or years and may change assessments used at any time.

(2) "Proficient" shall mean, as applicable, (A) a score of

"proficient" on a New York state testing program test; (B) a score

determined by the commissioner for an assessment approved by the

commissioner; or (C) a score of at least the thirty-third percentile on

a nationally-recognized, commercially published norm-referenced

achievement test, unless the commissioner approves a lower percentage

for such tests.

(ii) To rely on subparagraph (vi) of paragraph (a) of this

subdivision, a nonpublic school shall demonstrate a student

participation rate on its year-end summative or cumulative assessment or

assessments equal to or greater than the three-year average statewide

participation rate.

(iii) To allow for adequate preparation of students in connection with

subparagraphs (vi) and (vii) of paragraph (a) of this subdivision, a

phase-in period shall be established. During such phase-in period, a

nonpublic school and its affiliated schools shall be deemed to have met

the criteria in subparagraphs (vi) and (vii) of paragraph (a) of this

subdivision, for purposes of all components of this subdivision. Such

phase-in status shall commence upon the effective date of this

subdivision, including prior to the administration of any year-end

summative or cumulative assessment, and shall continue until the first

cohort entering second grade at such nonpublic school after such

effective date completes the year-end summative or cumulative assessment

for the third grade and shall further continue in the subsequent years,

as long as such nonpublic school continues administering a year-end

summative or cumulative assessment for the third grade and adds one

additional, higher grade each year until such nonpublic school is

administering a year-end summative or cumulative assessment for grades

three through ten. The phase-in period shall end after the two thousand

thirty-two--two thousand thirty-three school year. Prior to such cohorts

tested using year-end summative or cumulative assessments under

subparagraphs (vi) and (vii) of paragraph (a) of this subdivision, such

cohorts may be provided with practice and/or sample testing questions to

begin familiarizing themselves with standardized testing methodology.

The phase-in period shall be applicable to all nonpublic schools, and it

shall only be necessary for a nonpublic school to administer year-end

summative or cumulative assessments for the phased-in grades,

notwithstanding the nonpublic school's past or current administration of

such assessments for other grades.

(iv) If a nonpublic school meets, or has been deemed pursuant to

subparagraph (iii) of this paragraph to have met, the criteria in

subparagraph (vi) or (vii) of paragraph (a) of this subdivision, then

during the phase-in period of subparagraph (iii) of this paragraph, all

affiliated schools shall be deemed to have met such criteria. Affiliated

schools are those with one of the following: the same office of

religious and independent school support (ORISS) code under a single

basic educational data system (BEDS) code; or the same organization with

a different BEDS code in the same location; or the same ORISS code and

leadership but may have physical buildings in different locations.

During the phase-in period of subparagraph (iii) of this paragraph, a

nonpublic school which meets the criteria of subparagraph (vii) of

paragraph (a) of this subdivision shall include its affiliated schools

when using the results of the year-end summative or cumulative

assessment to assess educational programming and improve instruction and

students' performance on such tests. During the phase-in period of

subparagraph (iii) of this paragraph, if a nonpublic school meets the

criteria in subparagraph (iii) of paragraph (a) of this subdivision with

respect to provisional status then all affiliated schools shall be

deemed to have met such criteria. If a nonpublic high school meets the

criteria in subparagraph (i) or (vi) of paragraph (a) of this

subdivision, then all affiliated middle or elementary schools shall be

deemed to have met such criteria.

(c) Nothing in this subdivision shall preclude the commissioner from

defining by rule or regulation alternative criteria which may also be

used to demonstrate that instruction at a nonpublic school is in

compliance with this section. Compliance with this section may be

demonstrated through any one or more of the criteria established in this

subdivision and shall thereby qualify as and be finally recognized to be

substantially equivalent without any further requirements. A nonpublic

school's satisfaction of one or more criteria in one school year shall

not automatically be deemed satisfaction of such criteria in later

school years if such school ceases to satisfy such criteria in such

later years. A nonpublic school may elect at any time to select

different criteria. A nonpublic school's omission to satisfy one or more

criteria shall not affect a nonpublic school's ability to satisfy

another criteria, or such criteria at a later date.