Section 803. Instruction in physical education and kindred subjects  


Latest version.
  • 1. All
      pupils  above  the  age  of  eight years in all elementary and secondary
      schools, shall receive as part of the prescribed courses of  instruction
      therein  such physical education under the direction of the commissioner
      of education as  the  regents  may  determine.  Such  courses  shall  be
      designed  to  aid  in  the  well-rounded  education of pupils and in the
      development of character, citizenship, physical fitness, health and  the
      worthy  use  of  leisure.  Pupils  above  such  age attending the public
      schools shall be required to attend  upon  such  prescribed  courses  of
      instruction.
        2.  The  board  of  education  or  trustees  of  every school district
      regularly employing twenty or more teachers shall employ  a  teacher  or
      teachers  qualified  and  duly  licensed  under  the  regulations of the
      regents to give such instruction; in every other district of the  state,
      they  shall  require  such  instruction  to  be  given by the teacher or
      teachers regularly employed to give instruction in other subjects or  by
      a  teacher or teachers qualified and duly licensed under the regulations
      of the regents.
        3. The boards of education or  trustees  of  two  or  more  contiguous
      districts  in  the  same  supervisory district, however, may join in the
      employment  of  a  teacher  qualified  and  duly  licensed   under   the
      regulations  of  the regents to give such instruction; and the salary of
      such teacher and the expenses incurred on account  of  such  instruction
      shall be apportioned by the district superintendent among such districts
      according to the assessed valuation thereof, and as so apportioned shall
      be a charge upon each of such districts.
        4.  Similar  courses of instruction shall be prescribed and maintained
      in private schools in the state and all  pupils  in  such  schools  over
      eight  years  of age shall attend upon such courses; and if such courses
      are not so established and maintained in any private school,  attendance
      upon  instruction  in  such  school  shall  not  be deemed substantially
      equivalent to instruction given to children of like ages in  the  public
      school or schools of the city or district in which the child resides.
        5.  It shall be the duty of the regents to adopt rules determining the
      subjects to be included in courses of physical education provided for in
      this section, the period of instruction in each  of  such  courses,  the
      qualifications  of  teachers,  and  the  attendance upon such courses of
      instruction.
        6. The physical education hereinbefore provided  for,  may  be  given,
      when practicable, in any armory of the state where such armory is within
      convenient  distance  from  the  school,  and  at such times and in such
      manner as not to interfere  with  the  regular  military  uses  of  such
      armory.  The commanding officer in charge of any such armory shall, upon
      application made by any board of education or trustees  of  the  several
      cities  and school districts within the state, permit access to any such
      armory, for the purposes herein mentioned.