New York Laws
Article 17 - Instruction in Certain Subjects
802 - Instruction Relating to the Flag; Holidays.

§ 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.