N.Y. Comp. Codes R. & Regs. tit. 8 § 130.8

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

Section 130.8 - Commissioner's Determination

(a) For nonpublic schools for which the Commissioner is required to make the final determination pursuant to section 130.2(b) of this Part, the LSA must conduct a review in accordance with section 130.9 of this Part and forward its substantial equivalency recommendation and all relevant documentation to support its recommendation to the Commissioner for review.

(b) The Commissioner shall provide the nonpublic school with an opportunity to present additional relevant materials and/or a written statement to the Commissioner prior to rendering a final determination.

(c) If, based on the LSA recommendation and the documentation submitted, the Commissioner determines that the nonpublic school is providing substantially equivalent instruction, the Commissioner shall, within 30 days, send written notification to the nonpublic school and provide a letter for the nonpublic school to distribute notifying the parents or persons in a parental relationship to the students who attend the nonpublic school and the superintendent(s) of schools of each of the districts which have resident students enrolled in the nonpublic school. The Department shall post such determination on its website.

(d) If, based on the LSA recommendation and the documentation submitted, the Commissioner determines that the nonpublic school has not sufficiently demonstrated compliance with this Part, then:

(1) the Commissioner shall inform the nonpublic school and the LSA of such determination and the reason for such determination;

(2) the Commissioner shall direct the LSA to 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 provided, however, that the Commissioner may, in his or her discretion and 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.

(3) the LSA must continue services to the nonpublic school and its students all services during the timeline described in paragraph (2);

(4) if, after the timeline described in paragraph (2) of this subdivision:

(i) the nonpublic school has demonstrated compliance with this Part the LSA shall make a recommendation to the Commissioner for a positive substantial equivalency determination and provide supporting documentation to the Commissioner for review;

(ii) the nonpublic school has not demonstrated compliance with this Part, the LSA shall notify the Commissioner and provide supporting documentation to the Commissioner for review;

(5) the nonpublic school may present additional relevant materials and/or a written statement to the Commissioner, prior to the Commissioner's rendering of a determination pursuant to paragraphs (6) and (7) of this subdivision.

(6) if the Commissioner makes a positive substantial equivalency determination based on the process described above, the Commissioner will follow the procedures outlined in subdivision (c) of this section;

(7) if the Commissioner makes a determination that the school does not provide substantially equivalent instruction, then:

(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 Commissioner shall provide a letter to the nonpublic school administrator of such determination within 30 days 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 school advising them of such determination. The Commissioner shall provide a reasonable timeframe for parents or persons in parental relationship to identify and enroll their children in a different, appropriate educational setting, consistent with Education Law §3204;

(iii) legally required services to the nonpublic school and students must continue during the reasonable timeframe provided to the parents and persons in parental relationship as described in subparagraph (ii) of this paragraph; and

(iv) student records shall be managed consistent with section 104.2 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 130.8

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