N.Y. Educ. Law § 2514

§ 2514. Kindergartens, nursery and night schools. 1. The board of\neducation of each city school district may maintain kindergartens which\nshall be free to resident children between the ages of four and six\nyears, provided, however, such board may fix a higher minimum age for\nadmission to such kindergartens.\n 2. A board of education may maintain nursery schools which shall be\nfree to resident children and may fix the age for admission.\n 3. Night schools, which shall be free to all persons residing in the\ncity school district, and wherein the common branches and, in the\ndiscretion of the board of education, such additional subjects as may be\nadapted to students applying for instruction are taught on at least two\nnights each week, for two hours each night, shall be maintained by the\nboard of education:\n a. In city school districts of a city having a population of one\nhundred thousand or more, according to the latest federal census on at\nleast one hundred nights.\n b. In city school districts of a city having a population of fifty\nthousand but less than one hundred thousand, according to the latest\nfederal census, on at least seventy-five nights.\n c. In each other city school district, on at least fifty nights.\n