N.Y. Comp. Codes R. & Regs. tit. 8 § 130.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 130.3 - Nonpublic Schools Deemed Substantially Equivalent

(a) A nonpublic school shall be deemed substantially equivalent if it annually provides sufficient evidence to the LSA that it is a:

(1) Registered school or nonpublic school serving grades 1 through 8 that has a registered high school;

(2) State-approved private special education school or State-operated or State-supported school established by the State Legislature pursuant to Article 85, 87, or 88 of the Education Law;

(3) Nonpublic school that is accredited by an accrediting body approved by the Department for purposes of demonstrating compliance with the requirements of this Part. Such accrediting body shall use a peer review process that includes evaluation by leaders of similar nonpublic schools, appropriately train all staff and peer reviewers who are involved in the accreditation process, accredit based on publicly accessible documented standards, perform a comprehensive onsite visit of any school seeking accreditation while such school is in session, and periodically conduct a combination of interim and full accreditation reviews of the nonpublic schools which it accredits during at least a ten year period. Additionally, such accrediting body shall require nonpublic schools seeking accreditation to have curriculum that is informed by research, document individual student progress, and have mechanisms for monitoring, assessing, and providing feedback on student progress.

(4) Nonpublic school that participates in the international baccalaureate program;

(5) Nonpublic school whose instruction is approved by the United States government for instruction on a military base or service academy; or

(6) Nonpublic school that uses assessments approved by the Department for purposes of demonstrating compliance with the requirements of this Part. Such assessments shall demonstrate student academic progress as they move from grade to grade, be regularly used by the nonpublic school as part of its instructional program and have a student participation rate which is equal or greater to the three-year state-wide average State assessment public school participation rate.

(b) Where an LSA deems a nonpublic school substantially equivalent pursuant to this section, it shall notify the nonpublic school of such determination, and the Commissioner may, at any time, request the evidence submitted to the LSA from the nonpublic school to demonstrate that it satisfies subdivision (a) of this section. The LSA must submit such evidence to the Commissioner within 10 days of such request. If, upon review of such evidence, the Commissioner determines that the nonpublic school has not submitted sufficient evidence to the LSA to demonstrate it satisfies subdivision (a) of this section, the Commissioner shall direct the LSA to conduct a review for purposes of making a substantial equivalency determination, or recommendation for schools subject to a final determination by the Commissioner, in accordance with this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 130.3

Adopted New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/28/2022