N.Y. Comp. Codes R. & Regs. tit. 8 § 116.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 116.3 - Educational programs and services

Except as otherwise authorized pursuant to section 116.4 of this Part, educational programs and services provided by any State department or agency or political subdivision shall meet the following requirements in addition to those set forth in section 116.2 of this Part.

(a) The length of the school day shall be comparable to that required by section 175.5 of this Title. The school day shall include instructional services and, for pupils with handicapping conditions, related services, as such term is defined in section 200.1(dd) of this Title, but shall not include transportation.

(b) Personnel qualifications. All professional instructional personnel shall have the required certificates as set forth in Part 80 of this Title, except as otherwise provided in subdivisions (d) and (e) of this section.

(c) Safety education shall be provided equivalent to that required in Part 107 of this Title.

(d) Physical education and athletic programs shall be provided equivalent to those required by sections 135.1, 135.2 and 135.4 of this Title, except that interschool athletic programs are not required. Approval may be granted by the commissioner for a variance from the requirement of certification of the physical education teacher upon a finding that the instructor has equivalent background and training.

(e) Health education shall be provided equivalent to that required in section 135.3 of this Title, except that approval may be granted by the commissioner for a variance from the requirement of certification of the health education teacher upon a finding that the instructor has equivalent background and training.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 116.3