N.Y. Education Law § 802: Instruction relating to the flag; holidays

§ 802. Instruction relating to the flag; holidays. 1. It shall be the

duty of the commissioner to prepare, for the use of the public schools

of the state, a program providing for a salute to the flag and a daily

pledge of allegiance to the flag, and instruction in its correct use and

display which shall include, as a minimum, specific instruction

regarding respect for the flag of the United States of America, its

display and use as provided by federal statute and regulation and such

other patriotic exercises as may be deemed by him to be expedient, under

such regulations and instructions as may best meet the varied

requirements of the different grades in such schools. However, such

instruction shall include, as a minimum, the provisions of sections one

hundred seventy through one hundred seventy-seven of title thirty-six of

the United States Code.

2. a. It shall also be the duty of the commissioner to make special

provision for the observance in the public schools of Lincoln's

birthday, Washington's birthday, Memorial day and Flag day, and such

other legal holidays of like character as may be hereafter designated by

law when the legislature makes an appropriation therefor.

b. It shall also be the duty of the commissioner to make special

provision for the observance of a brief period of silence for September

11th Remembrance Day.

3. Nothing herein contained shall be construed to authorize military

instruction or drill in the public schools during school hours, except

that the board of education of any school district may offer during

school hours a junior reserve officer training program in conjunction

with the United States Department of Defense to those students in grades

nine through twelve who are at least fourteen years of age provided that

enrollment and participation in such program is voluntary on the part of

the student and written consent of a parent or guardian is submitted by

such student and further provided, that the conduct of instruction on or

the presence within any school of any type of current or future weaponry

as part of such program is prohibited.