N.Y. Education Law § 803: Instruction in physical education and kindred subjects

§ 803. Instruction in physical education and kindred subjects. 1. All

pupils above the age of eight years in all elementary and secondary

schools, shall receive as part of the prescribed courses of instruction

therein such physical education under the direction of the commissioner

of education as the regents may determine. Such courses shall be

designed to aid in the well-rounded education of pupils and in the

development of character, citizenship, physical fitness, health and the

worthy use of leisure. Pupils above such age attending the public

schools shall be required to attend upon such prescribed courses of

instruction.

2. The board of education or trustees of every school district

regularly employing twenty or more teachers shall employ a teacher or

teachers qualified and duly licensed under the regulations of the

regents to give such instruction; in every other district of the state,

they shall require such instruction to be given by the teacher or

teachers regularly employed to give instruction in other subjects or by

a teacher or teachers qualified and duly licensed under the regulations

of the regents.

3. The boards of education or trustees of two or more contiguous

districts in the same supervisory district, however, may join in the

employment of a teacher qualified and duly licensed under the

regulations of the regents to give such instruction; and the salary of

such teacher and the expenses incurred on account of such instruction

shall be apportioned by the district superintendent among such districts

according to the assessed valuation thereof, and as so apportioned shall

be a charge upon each of such districts.

4. Similar courses of instruction shall be prescribed and maintained

in private schools in the state and all pupils in such schools over

eight years of age shall attend upon such courses; and if such courses

are not so established and maintained in any private school, attendance

upon instruction in such school shall not be deemed substantially

equivalent to instruction given to children of like ages in the public

school or schools of the city or district in which the child resides.

5. It shall be the duty of the regents to adopt rules determining the

subjects to be included in courses of physical education provided for in

this section, the period of instruction in each of such courses, the

qualifications of teachers, and the attendance upon such courses of

instruction.

6. The physical education hereinbefore provided for, may be given,

when practicable, in any armory of the state where such armory is within

convenient distance from the school, and at such times and in such

manner as not to interfere with the regular military uses of such

armory. The commanding officer in charge of any such armory shall, upon

application made by any board of education or trustees of the several

cities and school districts within the state, permit access to any such

armory, for the purposes herein mentioned.