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:a. Administration of elementary and secondary schools. The board of education of each school district shall employ and assign to each school under its supervision a full-time principal holding the appropriate certification as required pursuant to section 80.4(b) of this Title. Upon the submission of evidence that there are circumstances which do not justify the assignment of a principal to a particular school, or that another mode of building administration would be more effective, the commissioner may approve an alternative mode of building administration. Within the policy guidelines of the board of education of the school district and under the direction of the superintendent, each principal shall provide leadership in the development of the educational program in the school to which he or she is assigned, including the supervision and administration of the school program, involvement with the selection and retention of staff, professional consultation, direction and assistance to the faculty and students of the school, and fostering effective home/school/community partnerships.
- b. State syllabi. In grades kindergarten through 12, the use of a State syllabus, where available, is recommended for all subjects. The use of a State syllabus may be required for individual schools identified pursuant to paragraph (m)(3) of this section as being in need of assistance, and shall be used to the extent specified in section 100.5(a)(7)-(8), (b)(6) and (d)(3)(ii) of this Part.
- c. Instruction in certain subjects. Pursuant to articles 2, 17 and 65 of the Education Law, instruction in certain subjects in elementary and secondary school shall be provided as follows:
- 1. for all students, instruction in patriotism and citizenship, as required by section 801 of the Education Law;
- 2. for all public school students, instruction that supports development of a school environment free of harassment, bullying, and/or discrimination as required by the Dignity For All Students Act (article 2 of the Education Law), with an emphasis on discouraging acts of harassment, bullying, and/or discrimination, including but not limited to instruction that raises students’ awareness and sensitivity to harassment, bullying, and/or discrimination based on a person’s actual or perceived race as defined in Education Law section 11(9), color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex, and instruction in the safe, responsible use of the Internet and electronic communications; provided that in public schools other than charter schools, such instruction shall be provided as part of a component on civility, citizenship and character education in accordance with section 801-a of the Education Law;
- 3. for all students in the 8th and higher grades, instruction in the history, meaning, significance and effect of the provisions of the Constitution of the United States and the amendments thereto, the Declaration of Independence, the Constitution of the State of New York and the amendments thereto, as required by section 801 of the Education Law;
- 4. for all students, health education regarding alcohol, drugs and tobacco abuse, as required by section 804 of the Education Law;
- 5. for all students, instruction in highway safety and traffic regulation, as required by section 806 of the Education Law;
- 6. for all students, instruction in fire drills and in fire and arson prevention, injury prevention and life safety education, as required by sections 807 and 808 of the Education Law. Such course of instruction shall include materials to educate children on the dangers of falsely reporting a criminal incident or impending explosion or fire emergency involving danger to life or property or impending catastrophe, or a life safety emergency;
- 7. for all students in grades 1 through 8, instruction in New York State history and civics as required by section 3204(3) of the Education Law;
- 8. for public school students, instruction relating to the flag and certain legal holidays, as required by section 802 of the Education Law;
- 9. for all public elementary school students, instruction in the humane treatment of animals and birds, as required by section 809 of the Education Law; and
- 10. for all public school students, instruction relating to the conservation of the natural resources of the State, as required by section 810 of the Education Law;
- 11. Students in senior high schools shall be provided instruction in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator.
- i. Standards for such instruction shall be based on a nationally recognized instructional program that utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care issued by the American Heart Association or a substantially equivalent organization and be consistent with the requirements of the programs adopted by the American Heart Association or the American Red Cross, and shall incorporate instruction designed to:
- a. recognize the signs of a possible cardiac arrest and to call 911;
- b. provide an opportunity to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary resuscitation; and
- c. provide awareness in the use of an automated external defibrillator.
- ii. Nothing in this paragraph shall prohibit a voluntary course of instruction in comprehensive cardiopulmonary resuscitation provided by a properly certified instructor in cardiopulmonary resuscitation which results in a certificate pursuant to the provisions of Education Law section 804-c. Students who receive such instruction in comprehensive cardiopulmonary resuscitation pursuant to the provisions of Education Law section 804-c shall be deemed to meet the requirements of this paragraph.
- iii. Nothing in this paragraph relating to required instruction in hands-only cardiopulmonary resuscitation and instruction in the use of an automated external defibrillator shall require a licensed teacher to possess certification for such instruction that does not result in certification in cardiopulmonary resuscitation or certification in the operation of an automated external defibrillator and in its instruction.
- iv. A student identified with a disability that precludes his or her ability to participate in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator may be exempted from the instruction requirement in this paragraph if the student’s individualized education program developed in accordance with section 200.4 of this Title or accommodation plan developed pursuant to section 504 of the Rehabilitation Act of 1973 states that the student is physically or cognitively unable to perform the tasks included in the instruction.
- v. Notwithstanding the provisions of this subdivision, senior high schools shall be exempted from providing an opportunity to students to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary resuscitation required by this paragraph:
- a. for the 2019-2020 school year where such schools were unable to provide such opportunity due to school closures ordered pursuant to an Executive Order of the Governor pursuant to a State of emergency for the COVID-19 crisis; and
- b. for the 2020-2021 school year where such schools were unable to provide such opportunity as a result of providing remote or hybrid instruction during the COVID-19 crisis.
- 12. for all public school students in grades kindergarten through 8, instruction designed to educate students, parents, teachers, and other school personnel about the prevention of child sexual exploitation and child sexual abuse in accordance with section 803-b of the Education Law. Such instruction may be included as part of a school’s health education program pursuant to section 135.3 of this Title. Curriculum addressing this topic should be developed in consultation with school counselors, school social workers, school psychologists, parents and community members and shall be designed to:
- i. assist children, parents, teachers, and other school personnel in identifying child sexual abuse and child sexual exploitation;
- ii. provide awareness, assistance, referral, and resource information for children and families who are victims of child sexual abuse and/or child sexual exploitation; and
- iii. be aligned to grade band objectives prescribed by the commissioner in guidance.
- d. World language requirements.
- 1. Public school students first entering grade nine in 1988 or 1989 shall have completed at least one unit of study in a world language at some time during grades kindergarten through nine. Public school students first entering grade nine in 1990 and thereafter shall have completed at least two units of study in a world language at some time during grades kindergarten through nine. Such requirements shall be met subject to the following provisions:
- i. Such unit of study requirements in a world language may be in more than one language, provided that at least one half of the required units of study shall be in a single language.
- ii. Such unit of study requirements in a language other than English shall be offered in segments of not less than a half unit of study per school year.
- iii. A student identified as having a disability which adversely affects the ability to learn a language may be exempted from the requirements set forth in this paragraph if the student's individualized education program, developed in accordance with section 200.4 of this Title states that such requirements are not appropriate.
- iv. A student may be exempted from such unit of study requirements in a world language by passing an approved second language proficiency examination, as defined in section 100.1(j) of this Part.
- v. For the 2019-20 school year a student may be exempted from such unit of study requirements in a world language where a student is unable to complete such requirements due to a school being closed pursuant to an Executive Order(s) of the Governor pursuant to the State of emergency for the COVID-19 crisis where such student otherwise achieves the learning outcomes for the portion of such unit of study completed.
- 2. Public school districts may commence language other than English instruction at any grade level prior to grade 8 but shall do so no later than the beginning of grade 8 so that students are provided the required two units of study by the end of grade nine.
- 3. Beginning in May 1989, all students entering grade nine prior to the 2001-2002 school year who passed an approved second language proficiency examination shall be awarded the first unit of credit in a world language, unless the student has already been awarded such first unit of credit in a language other than English, as set forth in section 100.1(b) of this Part.
- 4. Public school students first entering grade nine in the 2001-2002 school year and thereafter shall earn at least one unit of credit in a world language, as defined in section 100.1(b) of this Part, in order to complete the world languages requirement for a high school diploma. Students may earn one unit of credit by having passed the State second language proficiency assessment, when available.
- 5. Beginning in the 2010-2011 school year, students enrolled in grades eight or earlier may be granted one unit of credit by successfully completing two units of study in a language other than English and passing a locally developed test, both of which are aligned to the checkpoint A learning standards for languages other than English, which has been approved for high school credit by the public school district superintendent or the chief administrative officer of a registered charter or nonpublic high school provided, however, that for the 2019-2020 school year, the August 2020 summer school session, the 2020-2021 school year and the August 2021 summer school session due to the COVID-19 crisis, where a principal, in consultation with relevant faculty, determines that a student has met the standards assessed in the provided coursework leading to the checkpoint A locally developed test, the district may choose to waive the test requirement and grant such student one unit of credit. Where the test requirement has been waived no score shall be recorded on a student’s transcript or permanent record for such test.[2]
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