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annual report, showing all districts in his jurisdiction that have and those that have not complied, with all the provisions of this article, according to the best of his knowledge, information and belief, based upon a thorough investigation by him as to the facts.

5 Nor shall any public money of the State be apportioned or paid for the benefit of any teachers' training class, teachers institute or other school mentioned herein until the officer having jurisdiction or supervision thereof shall have filed with the Commissioner of Education an affidavit that he has made thorough investigation as to the facts and that to the best of his knowledge, information and belief, all the provisions of this article relative thereto have been complied with.

6 The principal of each normal school in the State shall at the close of each school year file with the Commissioner of Education an affidavit that all the provisions of this article applicable thereto have been complied with during the school year just terminated and until such affidavit shall be filed no warrant shall be issued by the Commissioner of Education for the payment by the treasurer of any part of the money appropriated for such school.

7 It shall be the duty of the Commissioner of Education to provide blank forms of affidavit required herein for use by the local school officers, and he shall include in his annual report a statement showing every school, city or district which has failed to comply with all the provisions of this article during the preceding school year.

8 On complaint by appeal to the Commissioner of Education by any patron of the schools mentioned in the last preceding section or by any citizen that any provision of this article has not been complied with in any city or district, the Commissioner of Education shall make immediate investigation, and on satisfactory evidence of the truth of such complaint, shall thereupon and thereafter withhold all public money of the State to which such city or district would otherwise be entitled, until all the provisions of this article shall be complied with in said city or district, and shall exercise his power of reclamation and deduction under section 491 of this chapter.

ARTICLE 26-A

[Article added by L. 1916, ch. 567, in effect May 15, 19161

Discipline and Physical Training

Section 695 Instruction in physical training and kindred subjects 696 Rules of Regents

697 State aid for teachers employed

698 Use of armories for physical training

§ 695 Instruction in physical training and kindred subjects. All male and female 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 training under the direction of the Commissioner of Education as the Regents may determine, during periods which shall average at least twenty minutes in each school day. Pupils above such age attending the public schools shall be required to attend upon such prescribed courses of instruction.

The board of education or trustees of every school district in a city and every union free 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. 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. 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. [Amended by L. 1918, ch. 442 and L. 1921, chs. 211 · and 389, in effect July 1, 1921.]

§ 696 Rules of Regents. It shall be the duty of the Regents to adopt rules determining the subjects to be included in courses of physical training provided for in this article, the period of instruction in each of such courses, the qualifications of teachers, and the attendance upon such courses of instruction. [Added by L. 1916, ch. 567 and amended by L. 1921, chs. 211 and 389, in effect July 1, 1921.]

§ 697 State aid for teachers employed. The Commissioner of Education, in the annual apportionment of state school moneys, shall apportion therefrom to each city and school district on account of courses of instruction as provided in this article, established and maintained in the schools of such city or district during the school year or any part thereof, a sum equal to one-half of the salary paid to each teacher qualified and duly licensed under the regulations of the Regents to give instruction in such courses, but the entire amount apportioned on account of a single teacher during a school year shall not exceed six hundred dollars. Such apportionments shall be made, out of moneys to be appropriated therefor, subject to the provisions of law relative to apportionments of public money to the public schools of the State. Such apportionments shall not be made unless such courses of instruction shall be approved by the Commissioner of Education and the instruction therein shall meet the standards prescribed and conform to the provisions of this article and the rules of the Regents of the University in respect thereto. If two or more districts shall jointly employ a teacher thus qualified to give such courses of instruction, the Commissioner of Education shall apportion a like amount on account of the salary paid to the teacher, which shall be apportioned to the school districts in accordance with the amount required to be paid by each district for the maintenance of such courses of instruction. [Amended by L. 1918, ch. 442.]

698 Use of armories for physical training.

The physical

training 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. [Added by L. 1919, ch. 112, in effect March 27, 1919.]

ARTICLE 26-B

[Added by L. 1917, ch. 210, in effect April 19, 1917]

Section 700 Instruction in the humane treatment of animals and birds

700 Instruction in the humane treatment of animals and birds. The officer, board or commission authorized or required to prescribe courses of instruction shall cause instruction to be given in every elementary school under state control or supported wholly or partly by public money of the State, in the humane treatment and protection of animals and birds and the importance of the part they play in the economy of nature. Such instruction shall be for such period of time during each school year as the Board of Regents may prescribe and may be joined with work in literature, reading, language, nature study or ethnology. Such weekly instruction may be divided into two or more periods. A school district shall not be entitled to participate in the public school money on account of any school or the attendance at any school subject to the provisions of this section, if the instruction required hereby is not given therein. The Commissioner of Education shall, pursuant to this act, cause the consideration of the humane treatment of animals and birds to be included in the program of teachers' institutes. [Added by L. 1917, ch. 210, in effect April 19, 1917.]

ARTICLE 26-C

[Article added by L. 1918, ch. 241, in effect April 17, 1918]

Instruction in Patriotism and Citizenship

Section 705 Courses of instruction in patriotism and citizenship

706 Rules prescribing courses; inspection and supervision; enforcement

$705 Courses of instruction in patriotism and citizenship. In order to promote a spirit of patriotic and civic service and obligation and to foster in the children of the State moral and intellectual qualities which are essential in preparing to meet the obligations of citizenship in peace or in war, the Regents of The

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University of the State of New York shall prescribe courses of instruction in patriotism and citizenship, to be maintained and followed in all the schools of the State. The boards of education and trustees of the several cities and school districts of the State shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, over the age of eight years, shall attend upon such instruction.

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. If such courses are not so established and maintained in a private school, attendance upon instruction in such school shall not be deemed substantially equivalent to instruction given to pupils of like age in the public schools of the city or district in which such pupils reside. [Added by L. 1918, ch. 241, in effect April 17, 1918.]

§ 706 Rules prescribing courses; inspection and supervision; enforcement. The Regents of The University of the State of New York shall determine the subjects to be included in such courses of instruction in patriotism and citizenship, and the period of instruction in each of the grades in such subjects. They shall adopt rules providing for attendance upon such instruction and for such other matters as are required for carrying into effect the objects and purposes of this article. The Commissioner of Education shall be responsible for the enforcement of this article and shall cause to be inspected and supervise the instruction to be given in such subjects. The Commissioner may, in his discretion, cause all or a portion of the public school money to be apportioned to a district or city to be withheld for failure of the school authorities of such district or city to provide instruction in such courses and to compel attendance upon such instruction, as herein prescribed, and for a noncompliance with the rules of the Regents adopted as herein provided. [Added by L. 1918, ch. 241, in effect April 17, 1918.]

ARTICLE 26-D

[Article added by L. 1924, ch. 64, in effect September 1, 1924.] Section 707 Courses of instruction in the constitution of the United States 708 Rules prescribing courses; inspection and supervision; enforce

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§ 707 Courses of instruction in the constitution of the United States. The regents of the university of the state of New York shall prescribe courses of instruction in the history and meaning of the provisions of the constitution of the United States, to be main

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