1. (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. (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. (i) background knowledge;
   2. (ii) phonological awareness;
   3. (iii) expressive and receptive language;
   4. (iv) vocabulary development;
   5. (v) phonemic awareness;
   6. (vi) fluency; and
   7. (vii) comprehension.

3. (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. (i) differentiated instruction to support the acquisition of new concepts and skills;
   2. (ii) materials and equipment which allow for active and quiet play in indoor and outdoor environments;
   3. (iii) instruction in the content area of English language arts, mathematics, science, social studies and the arts, including dance, music, theatre 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. (iv) opportunities for participation in inquiry-based activities and projects;
   5. (v) opportunities to use a wide variety of information in print and electronic mediums;
   6. (vi) 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. (vii) 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. (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. (5) Prohibition on administration of traditional standardized tests.

   1. (i) 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. (ii) 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.

      (b) Program requirements in grades one through four.

6. (1) Required subjects. During grades one through four, all students shall receive instruction that is designed to facilitate their attainment of the State elementary learning standards in:

   1. (i) mathematics, including arithmetic, science, and technology;
   2. (ii) English language arts, including reading, writing, listening and speaking for purposes of information and understanding, literary response and expression, critical analysis and evaluation, and social interaction, with attention given to comprehension, vocabulary, word study, spelling, grammar, usage and punctuation;
   3. (iii) social studies, including geography and United States history;
   4. (iv) languages other than English, pursuant to section 100.2(d) of this Part;
   5. (v) the arts, including visual arts, music, dance and theatre;
   6. (vi) career development and occupational studies;
   7. (vii) where student need is established, bilingual education and/or English as a second language; and

   8. (viii) health education, physical education and family and consumer sciences.

      1. (a) Instruction in health education shall be pursuant to section 135.3(b) of this Title.
      2. (b) Instruction in physical education shall be pursuant to section 135.4(c)(2)(i) of this Title.

7. (2) Required assessments.

   1. (i) 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. (a) 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. (b) beginning in January 2000, the elementary science assessment shall be administered in grade four.
   2. (ii) 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. (iii) In accordance with their individualized education programs, students with disabilities instructed in the alternate academic achievement standards defined in section 100.1(t)(2)(iv) of this Part shall be administered a State alternate assessment to measure their achievement.
   4. (iv) 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. (v) Prohibition on administration of traditional standardized tests.

      1. (a) 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. (b) 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.

(a) Prekindergarten and kindergarten programs operated by public schools and voluntarily registered nonpublic schools.