N.Y. Education Law Section 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.

Source: Section 802 — Instruction relating to the flag; holidays, https://www.­nysenate.­gov/legislation/laws/EDN/802 (updated Sep. 13, 2019; accessed Jun. 15, 2024).

801
Courses of instruction in patriotism and citizenship and in certain historic documents
801‑A
Instruction in civility, citizenship and character education
802
Instruction relating to the flag
802‑A
Instruction relating to general elections
803
Instruction in physical education and kindred subjects
803‑A
Courses of study in prevention of child abduction
803‑B
Courses of study in prevention of child sexual exploitation and child sexual abuse
804
Health education regarding mental health, alcohol, drugs, tobacco abuse and the prevention and detection of certain cancers
804‑A
Comprehensive school health education demonstration program
804‑B
Education regarding child development
804‑C
Cardiopulmonary resuscitation instruction
804‑D
Automated external defibrillator instruction
806
Courses of instruction in highway safety and traffic regulation
806‑A
Driver education
807
Fire and emergency drills
807‑A
Fire inspections
807‑B
College fire inspections
807‑C
Transmission of fire alarm to fire department
807‑D
Locating source of fires in schools
808
Instruction in fire and arson prevention
809
Instruction in the humane treatment of animals
809‑A
Instruction in the safe use of firearms and in the game laws
810
Conservation day
811
Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes
812
Health training program for secondary school students
813
School lunch period
814
Courses of study in internet safety
815
State seal of biliteracy
816
Local library and school partnerships
817
Expanding access to advanced courses to improve educational equity
817*2
Student government
818
Evidence-based and scientifically based reading instruction

Accessed:
Jun. 15, 2024

Last modified:
Sep. 13, 2019

§ 802’s source at nysenate​.gov

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