§ 3204. Instruction required. 1. Place of instruction. A minor\nrequired to attend upon instruction by the provisions of part one of\nthis article may attend at a public school or elsewhere. The\nrequirements of this section shall apply to such a minor, irrespective\nof the place of instruction.\n 2. Quality and language of instruction; text-books. (i) Instruction\nmay be given only by a competent teacher. In the teaching of the\nsubjects of instruction prescribed by this section, English shall be the\nlanguage of instruction, and text-books used shall be written in\nEnglish, except that for a period of three years, which period may be\nextended by the commissioner with respect to individual pupils, upon\napplication therefor by the appropriate school authorities, to a period\nnot in excess of six years, from the date of enrollment in school,\npupils who, by reason of foreign birth or ancestry have limited English\nproficiency, shall be provided with instructional programs as specified\nin subdivision two-a of this section and the regulations of the\ncommissioner. The purpose of providing such pupils with instruction\nshall be to enable them to develop academically while achieving\ncompetence in the English language. Instruction given to a minor\nelsewhere than at a public school shall be at least substantially\nequivalent to the instruction given to minors of like age and\nattainments at the public schools of the city or district where the\nminor resides.\n (ii) For purposes of considering substantial equivalence pursuant to\nthis subdivision for nonpublic elementary and middle schools that are:\n(1) non-profit corporations, (2) have a bi-lingual program, and (3) have\nan educational program that extends from no later than nine a.m. until\nno earlier than four p.m. for grades one through three, and no earlier\nthan five thirty p.m. for grades four through eight, on the majority of\nweekdays, the department shall consider the following, but not limited\nto: if the curriculum provides academically rigorous instruction that\ndevelops critical thinking skills in the school's students, taking into\naccount the entirety of the curriculum, over the course of elementary\nand middle school, including instruction in English that will prepare\npupils to read fiction and nonfiction text for information and to use\nthat information to construct written essays that state a point of view\nor support an argument; instruction in mathematics that will prepare\npupils to solve real world problems using both number sense and fluency\nwith mathematical functions and operations; instruction in history by\nbeing able to interpret and analyze primary text to identify and explore\nimportant events in history, to construct written arguments using the\nsupporting information they get from primary source material,\ndemonstrate an understating of the role of geography and economics in\nthe actions of world civilizations, and an understanding of civics and\nthe responsibilities of citizens in world communities; and instruction\nin science by learning how to gather, analyze and interpret observable\ndata to make informed decisions and solve problems mathematically, using\ndeductive and inductive reasoning to support a hypothesis, and how to\ndifferentiate between correlational and causal relationships.\n (iii) For purposes of considering substantial equivalence pursuant to\nthis subdivision for nonpublic high schools that: (1) are established\nfor pupils in high school who have graduated from an elementary school\nthat provides instruction as described in this section, (2) are a\nnon-profit corporation, (3) have a bi-lingual program, and (4) have an\neducational program that extends from no later than nine a.m. until no\nearlier than six p.m. on the majority of weekdays the department shall\nconsider the following but not limited to: if the curriculum provides\nacademically rigorous instruction that develops critical thinking skills\nin the school's stu
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