N.Y. Comp. Codes R. & Regs. tit. 8 § 130.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 130.6 - LSA Determinations

For nonpublic schools where the LSA is responsible for making the final determination pursuant to section 130.2(a) of this Part, following its review, the LSA shall render a substantial equivalency determination in the following manner:

(a) Preliminary determinations.

(1) If, following review, in accordance with section 130.9 of this Part, the superintendent, or his or her designee determines that the nonpublic school has not sufficiently demonstrated the substantial equivalence of instruction, the LSA shall:

(i) inform the nonpublic school's administrators of the preliminary determination and the reason(s) for such preliminary determination;

(ii) notify the Department in a form and manner prescribed by the Commissioner;

(iii) collaboratively develop, within sixty days, a timeline and plan with the nonpublic school for attaining substantial equivalency in an amount of time that is reasonable given the reasons identified in the review, provided that such timeline shall not exceed the end of the next academic year following the year in which the preliminary determination is made; and

(iv) continue services to the nonpublic school and its students during the period covered by the collaboratively developed timeline.

(2) No later than sixty days after the end of the timeline described in paragraph (1) of this subdivision, including any extensions granted pursuant to paragraph (3) of this subdivision, the LSA shall render a final determination in accordance with the provisions of subdivision (b) of this section.

(3) Notwithstanding paragraph (1) of this subdivision, the Commissioner may in his or her discretion, upon written request from the LSA and nonpublic school jointly or from the nonpublic school on notice to the LSA, extend the sixty-day deadline and/or timeline collaboratively developed by the LSA and nonpublic school upon a showing of good faith progress toward development of a timeline and/or implementation of the plan, as applicable.

(b) Final determinations.

(1) Final determinations for school districts, other than the city school district of the City of New York:

(i) After review of the nonpublic school in accordance with section 130.9 of this Part and preliminary determination, the superintendent, or his or her designee, shall make a recommendation in writing to the LSA that a nonpublic school be deemed to provide at least substantially equivalent instruction (a positive substantial equivalency determination), or be deemed to not provide at least substantially equivalent instruction (negative substantial equivalency determination).

(ii) The LSA shall notify the nonpublic school administration of the date of the regularly scheduled board meeting at which the LSA will consider the matter of substantial equivalency at least 15 calendar days prior to such date.

(iii) The nonpublic school shall be provided an opportunity to present additional relevant materials and/or a written statement to the LSA prior to the LSAs' vote at such board meeting.

(iv) The LSA shall then vote on the superintendent's or his or her designee's recommendation at a regularly scheduled public board meeting and render either a positive or negative substantial equivalency determination as prescribed in subdivision (c) of this section.

(2) Final determinations for the city school district of the City of New York:

(i) After review of the nonpublic school in accordance with section 130.9 of this Part and preliminary determination, the LSA shall render either a positive or negative substantial equivalency determination.

(c) Procedure after final determination.

(1) If the LSA renders a positive substantial equivalency determination, the LSA shall provide written notification within 30 days to the nonpublic school administrator, the superintendent(s) of schools of each of the districts which have resident students enrolled in the nonpublic school, and the Department in a form and manner prescribed by the Commissioner, advising them of such determination, and the Department shall post such determination on its website. Such notification shall include a summary of the basis of the LSA's determination and the reason(s) therefore.

(2) If the LSA renders a negative substantial equivalence determination:

(i) the nonpublic school shall no longer be deemed a school which provides compulsory education fulfilling the requirements of Article 65 of the Education Law.

(ii) The LSA shall provide written notification to the nonpublic school administrator of such determination within 30 days, including the nonpublic school's right to appeal pursuant to Education Law §310 to the Commissioner and section 275.16 of this Title, and provide a letter for the nonpublic school to distribute to the parents or persons in parental relationship to students attending the nonpublic school and the superintendent(s) of schools of each district which has resident students enrolled in the nonpublic school advising them of such determination. The LSA shall provide a reasonable timeframe for parents or persons in parental relationship to enroll their children in a different appropriate educational setting, consistent with Education Law §3204.

(iii) The LSA shall notify the Department of the negative determination, and reasons therefore, in a form and manner prescribed by the Commissioner. Such notification shall include the justification for the LSA's determination.

(iv) Legally required services to the nonpublic school and students must continue until the end of the reasonable timeframe provided to the parents and persons in parental relationship as described in subparagraph (ii) of this paragraph.

(v) Student records shall be managed consistent with section 104.2 of this Title.

(d) Such LSA determinations shall be accepted by LSAs who have resident students attending a nonpublic school that is not within their geographic boundaries, absent a subsequent substantial equivalency determination by the Commissioner pursuant to an appeal in accordance with Education Law §310 and section 130.12 of this Part or pursuant to a review in accordance with section 130.14 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 130.6

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