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.  It  shall  also  be  his  duty  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.
    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.