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Religious and Independent School Support

Religious and Independent School Support

Laws and Regulations

Table of Contents

Administration of a School
Law or Regulation Brief Description Website
8 NYCRR 91.1 School libraries
8 NYCRR 104.1 Pupil attendance recordkeeping
8 NYCRR 104.2 Academic records of pupils who attend upon instruction elsewhere than at public schools

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Appeals Parties and Pleadings
Law or Regulation Brief Description Website
8 NYCRR 275 Appeals Parties and Pleadings
8 NYCRR 275.16 Appeals Parties and Pleadings - Limitation of time for initiation of appeal
8 NYCRR 276 Appeals Parties and Pleadings Rules of Practice
8 NYCRR 276.1 Appeal Parties and Pleadings Rules of Practice - Stay of proceedings
8 NYCRR 276.5 Appeals Parties and Pleadings Rules of Practice - Additional affidavits, exhibits and other supporting papers
8 NYCRR 276.6 Appeals Parties and Pleadings Rules of Practice - Records and reports

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Attendance
Law or Regulation Brief Description Website
NYS Education Law Title 4 Article 65 Section 3210 Amount and character of required attendance

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Child Day Care
Law or Regulation Brief Description Website
NYS Social Services Law Section 390 Child day care; license or registration required

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Commissioner Responsibilities
Law or Commissioner's Regulation Brief Description Website
NYS Education Law Title 1 Article 5 Part 1 Section 207 Legislative power - Exercise legislative functions concerning the educational system
NYS Education Law Title 1 Article 5 Part 1 Section 215 Commissioner of education may visit and examine any institution and requestÌý reports
NYS Education Law Title 1 Article 7 Section 305 and Subdivision 52 Commissioner of educations general powers and duties
NYS Education Law Title 1 Article 7 Section 310 Appeals or petitions to commissioner of education and other proceedings
NYS Education Law Title 1 Article 7 Section 311 Powers of commissioner upon appeals or petitions, et cetera
NYS Education Law Title 1 Article 17 Section 804-A Comprehensive school health education demonstration program

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Compulsory Education and School Census
Law or Regulation Brief Description Website
NYS Education Law Article 65 Compulsory Education and School Census

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Definitions
Law or Regulation Brief Description Website
NYS Education Law Title 6 Article 89 Section 4401 Definitions of a "child with a disability"
8 NYCRR 135 Health, Physical Education and Recreation Areas
8 NYCRR 136 School Health Services and Personnel

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Educational Policies
Law or Regulation Brief Description Website
8 NYCRR 117.3 Diagnostic screening - all new students & students with low test scores

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False Statement on Employment Certificate
Law or Regulation Brief Description Website
NYS Education Law Title 4 Article 65 Section 3233 Penalties - Violations of the compulsory education requirements in Ed.L. Article 65

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Fire Safety
Law or Regulation Brief Description Website
NYS Education Law Title 1 Article 17 Section 807 Fire and emergency drills
NYS Education Law Title 1 Article 17 Section 807-A Fire inspections

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Frequently Used Education Terms
Law or Regulation Brief Description Website
NYS Education Law Title 1 Article 1 Section 2 Definitions of Education Terms

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Full Time Instruction
Law or Regulation Brief Description Website
NYS Education Law Title 4 Article 65 Section 3205 Attendance of minors upon full time day instruction

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Health and Safety
Law or Regulation Brief Description Website
8 NYCRR 137 Educational Use of Hypodermic Syringes and Needles
8 NYCRR 141.10 Eye safety devices
NYS Education Law Title 1 Article 9 Section 409-A Eye safety devices for certain students and teachers
NYS Education Law Title 1 Article 17 Section 811 Procurement, use and possession of hypodermic syringes and needles by school personnel for educational purposes
NYS Education Law Title 1 Article 19 Section 912 Health and welfare services to all children
NYS Public Health Law Section 2164 Immunizations

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Legal Policies/Procedures
Law or Regulation Brief Description Website
NYS Education Law Title 4 Article 65 Section 3234 Enforcement- Withholding state moneys by commissioner of education. Violations of the compulsory education requirements in Ed.L. Article 65

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Non Profit Organization
Law or Regulation Brief Description Website
Internal Revenue Service Code Revenue Procedure 75-50 IRS requirement that schools issue a statement of racial non discrimination
Internal Revenue Service Code Section 501(c)(3) Nonprofit Organizations and Statement of nondiscrimination (section 4 of Rev. Proc. 75-50)

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Religious Corporation
Law or Regulation Brief Description Website
NYS Religious Corporations Law Section 2 Definitions - church, clergyman, minister, funeral entity
NYS Religious Corporations Law Section 18 Dissolution of religious corporations

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Special Education
Law or Regulation Brief Description Website
NYS Education Law Title 1 Article 3 Part 1 Section 112 Children in full-time residential care in facilities; Responsibility for Education
8 NYCRR 117 Identification and Services to ELL students
8 NYCRR 200.4 Procedures for referral, evaluation, individualized education program (IEP) development, placement and review
United States Code Title 29 Section 701 (Rehabilitation Act of 1973 (et seq.) Guarantees certain rights to people with disabilities
NYS Education Law Title 6 Article 89 Section 4402 Duties of school districts (special education students)

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Substantial Equivalency/Instruction
Law or Regulation Brief Description Website
8 NYCRR 100 Requirements of elementary, middle, and secondary school programs
8 NYCRR 107.1 Safety education - including highway and traffic safety
8 NYCRR 130 Substantial Equivalence
8 NYCRR 135.3 Heath Education - provide satisfactory program
8 NYCRR 135.4 Physical Education; a.) School district plans; b.) nonpublic schools; c.)program plans
NYS Education Law Article 17 Instruction in certain subjects - Covers Sections 801 - 817
NYS Education Law Title 1 Article 17 Section 801 Courses of instruction in Patriotism & Citizenship and in certain historic documents
NYS Education Law Title 1 Article 17 Section 801-A Instruction in Civility, Citizenship and Character Education
NYS Education Law Title 1 Article 17 Section 802 Instruction Relating to the Flag; Holidays
NYS Education Law Title 1 Article 17 Section 803 Instruction in physical education and kindred subjects
NYS Education Law Title 1 Article 17 Section 803-B Courses of study in prevention of child sexual exploitation and child sexual abuse
NYS Education Law Title 1 Article 17 Section 804 Health Education regarding mental health, alcohol, drugs, tobacco abuse and the prevention and detection of certain cancers
NYS Education Law Title 1 Article 17 Section 804-C Cardiopulmonary resuscitation instruction
NYS Education Law Title 1 Article 17 Section 806 Courses of instruction in highway safety and traffic regulation; school safety patrols
NYS Education Law Title 1 Article 17 Section 808 Instruction in fire and arson prevention
NYS Education Law Title 4 Article 65 Section 3204 and Section 3204 sub 2 para (ii-v) Instruction Required - Place of instruction, quality & language of instruction, programs for pupils of limited English proficiency, gifted instruction, & courses of study.
Felder Amendment

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Transportation
Law or Regulation Brief Description Website
NYS Education Law Title 5 Article 73 Section 3635 Transportation - Bussing for students

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