Elementary (Prekindergarten Through Grade 4) Requirements (Section 100.3)

1. Each such school operating a prekindergarten and/or kindergarten program shall adopt and implement curricula, aligned with the State learning standards, that ensures continuity with instruction in the early elementary grades and is integrated with the instructional program in grades one through 12.
2. Each such school operating a prekindergarten and/or kindergarten program shall provide an early literacy and emergent reading program based on effective, evidence-based instructional practices. Essential components of this program shall include:
   
   1. background knowledge;
   2. phonological awareness;
   3. expressive and receptive language;
   4. vocabulary development;
   5. phonemic awareness;
   6. fluency; and
   7. comprehension.
3. The instructional program for prekindergarten and kindergarten shall be based on the ages, interests, strengths and needs of the children. Learning experiences in such programs shall include:
   
   1. differentiated instruction to support the acquisition of new concepts and skills;
   2. materials and equipment which allow for active and quiet play in indoor and outdoor environments;
   3. instruction in the content area of English language arts, mathematics, science, social studies and the arts, including dance, media arts, music, theater, and visual arts; that is designed to facilitate student attainment of the State learning standards and is aligned with the instructional program in the early elementary grades;
   4. opportunities for participation in inquiry-based activities and projects;
   5. opportunities to use a wide variety of information in print and electronic mediums;
   6. fine and gross motor activities in prekindergarten, and instruction in physical education in kindergarten pursuant to section 135.4(c)(2)(i) of this Title; and
   7. instruction on health and nutrition topics for students in prekindergarten and health education for students in kindergarten pursuant to section 135.3(b) of this Title.
4. Each school operating a prekindergarten and/or kindergarten program shall develop procedures to ensure the active engagement of parents and/or guardians in the education of their children. Such procedures shall include support to children and their families for a successful transition into prekindergarten or kindergarten and into the early elementary grades.
5. Prohibition on administration of traditional standardized tests.
   
   1. For purposes of this subdivision, traditional standardized test shall mean a systematic method of gathering information from objectively scored items that allow the test taker to select one or more of the given options or choices as their response. Examples include multiple-choice, true-false, and matching items. Traditional standardized tests are those that require the student (and not the examiner/assessor) to directly use a "bubble" answer sheet. Traditional standardized tests do not include performance assessments or assessments in which students perform real-world tasks that demonstrate application of knowledge and skills; assessments that are otherwise required to be administered by federal law; and/or assessments used for diagnostic or formative purposes, including but not limited to assessments used for diagnostic screening required by Education Law section 3208(5).
   2. Notwithstanding the provisions of this subdivision, no school district or voluntarily registered nonpublic school shall administer traditional standardized tests in pre-kindergarten and kindergarten programs; provided that nothing herein shall prohibit assessments in which students perform real-world tasks that demonstrate application of knowledge and skills or assessments that are otherwise required to be administered by federal law.

1. Required instruction. During grades one through four, all students shall receive instruction that is designed to facilitate their attainment of the applicable State learning standards as prescribed in subdivision (t) of section 100.1 of this Part, and where student need is established, bilingual education and/or English as a new language.
2. Required assessments.
   
   1. Except as otherwise provided in subparagraphs (ii) and (iii) of this paragraph, at the specified grade level, all students shall take the following tests, provided that testing accommodations may be used as provided for in section 100.2(g) of this Part in accordance with department policy:
      
      1. beginning in January 1999, the English language arts elementary assessment and the mathematics elementary assessment shall be administered in grade four and, beginning in the 2005-2006 school year, the English language arts elementary assessments and the mathematics elementary assessment shall be administered in grades three and four; and
      2. beginning in January 2000, the elementary science assessment shall be administered in grade four.
   2. Students receiving home instruction pursuant to section 100.10 of this Part may take, but shall not be required to take, the State assessments required of public school students.
   3. In accordance with their individualized education programs, students with disabilities instructed in the alternate academic achievement standards defined in section 100.1(t)(2) of this Part shall be administered a State alternate assessment to measure their achievement.
   4. Notwithstanding the provisions of this section, no school district shall make any student promotion or placement decisions based solely or primarily on student performance on the English language arts elementary assessments and the mathematics elementary assessments administered in grades three and four. However, a school district may consider student performance on such assessments provided the school district uses multiple measures in addition to such assessments and that such assessments do not constitute the major factor in such determinations.
   5. Prohibition on administration of traditional standardized tests.
      
      1. For purposes of this subdivision, traditional standardized test shall mean a systematic method of gathering information from objectively scored items that allow the test taker to select one or more of the given options or choices as their response. Examples include multiple-choice, true-false, and matching items. Traditional standardized tests are those that require the student (and not the examiner/assessor) to directly use a "bubble" answer sheet. Traditional standardized tests do not include performance assessments or assessments in which students perform real-world tasks that demonstrate application of knowledge and skills; assessments that are otherwise required to be administered by federal law; and/or assessments used for diagnostic or formative purposes, including but not limited to assessments used for diagnostic screening required by Education Law section 3208(5).
      2. Notwithstanding the provisions of this subdivision, no school district or voluntarily registered nonpublic school shall administer traditional standardized tests in grades one and two; provided that nothing herein shall prohibit assessments in which students perform real-world tasks that demonstrate application of knowledge and skills or assessments that are otherwise required to be administered by federal law.

Additional program requirements for prekindergarten through grade three.

1. ​On or before September 1, 2025, all school districts shall verify to the commissioner that their curriculum and instructional practices in reading for students in prekindergarten through grade three align with all elements of instructional best practices provided by the commissioner pursuant to Education Law § 818. Such instructional best practices for the teaching of reading shall be evidence-based and scientifically based, focusing on reading competency in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, comprehension, including background knowledge, oral language and writing, oral skill development, and align with the department's culturally responsive-sustaining education (CRSE) framework.

2. Every school district shall annually review their curriculum and instructional practices in the subject of reading to ensure that they align with instructional best practices provided by the commissioner, and to ensure that all early reading instructional practices and interventions are part of an aligned plan designed to improve student reading outcomes in prekindergarten through grade three.

3. For purposes of this subdivision, the following terms shall have the following meanings:

   1. phonemic awareness means the ability to notice, think about, and work with phonemes (sounds) in spoken words;

   2. phonics means the relationship between graphemes (letters) and the phonemes they represent;

   3. vocabulary development means the acquisition of knowledge about the meanings, uses, and pronunciation of words;

   4. reading fluency means the ability to read out loud accurately at an appropriate rate, and with appropriate expression (including proper phrasing, intonation, and pausing);

   5. comprehension means the understanding of the meaning of texts (in print or other forms) and the context in which words occur;

   6. culturally responsive-sustaining education (CRSE) framework means a view of learning and human development in which multiple expressions of diversity are recognized and regarded as assets for teaching and learning. The CRSE Framework was published by the State Education Department in 2018, and is available at the Office of Counsel, State Education Department, State Education Building, Room 148, 89 Washington Avenue, Albany, NY 12234;

   7. evidence-based means an activity, strategy, or intervention that demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on: (1) strong evidence (e.g., experimental studies), (2) moderate evidence (e.g., quasi-experimental studies), or (3) promising evidence (e.g., correlational studies; or (4) a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes, and includes ongoing efforts to examine the effects of such activity, strategy, or intervention; and

   8. scientifically based means that the instructional method or practice is based on research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education.