N.Y. EDN Law § 802

§ 802. Instruction relating to the flag; holidays. 1. It shall be the\nduty of the commissioner to prepare, for the use of the public schools\nof the state, a program providing for a salute to the flag and a daily\npledge of allegiance to the flag, and instruction in its correct use and\ndisplay which shall include, as a minimum, specific instruction\nregarding respect for the flag of the United States of America, its\ndisplay and use as provided by federal statute and regulation and such\nother patriotic exercises as may be deemed by him to be expedient, under\nsuch regulations and instructions as may best meet the varied\nrequirements of the different grades in such schools. However, such\ninstruction shall include, as a minimum, the provisions of sections one\nhundred seventy through one hundred seventy-seven of title thirty-six of\nthe United States Code.\n 2. a. It shall also be the duty of the commissioner to make special\nprovision for the observance in the public schools of Lincoln's\nbirthday, Washington's birthday, Memorial day and Flag day, and such\nother legal holidays of like character as may be hereafter designated by\nlaw when the legislature makes an appropriation therefor.\n b. It shall also be the duty of the commissioner to make special\nprovision for the observance of a brief period of silence for September\n11th Remembrance Day.\n 3. Nothing herein contained shall be construed to authorize military\ninstruction or drill in the public schools during school hours, except\nthat the board of education of any school district may offer during\nschool hours a junior reserve officer training program in conjunction\nwith the United States Department of Defense to those students in grades\nnine through twelve who are at least fourteen years of age provided that\nenrollment and participation in such program is voluntary on the part of\nthe student and written consent of a parent or guardian is submitted by\nsuch student and further provided, that the conduct of instruction on or\nthe presence within any school of any type of current or future weaponry\nas part of such program is prohibited.\n