§ 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.