reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.6 - Qualifications of teaching and management personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each applicant shall submit, in a format
				  specified by the commissioner, such data concerning the education, training,
				  experience and other qualifications, including supporting documentation, of the
				  administrative, supervisory and instructional staff of the school as the
				  commissioner may require. Upon submission of an application for a director, the
				  owner shall attest to the applicant's ability to comply with the provisions of
				  this section. Pursuant to section 5002 (6)  of the Education
				  Law, all applications for teachers and directors shall be mailed or submitted
				  electronically to the commissioner four days prior to employment at the school,
				  an d must be completed, with all supporting materials and fees required for
				  evaluation of the file, within 20 days thereafter. However, the commissioner,
				  for good cause shown, may extend the time within which to complete the
				  application. When a complete application is made, the commissioner shall act
				  upon such application within 30 days. If no written denial is made within 30
				  days, the application shall be deemed to be approve d until the commissioner
				  acts upon it or until the end of the term or semester, whichever occurs first.
				  If a written denial is made after the 30-day period, the commissioner may allow
				  the applicant to teach at the school f or the remainder of the term or semester
				  if the commissioner determines that the removal of the teacher would not be in
				  the best interest of students. If a teacher or director application, submitted
				  to the department is mailed and postmarked, or electronically submitted less
				  than four days prior to the employment of such individual, is evaluated and is
				  subsequently determined that the applicant is not qualified pursuant to the
				  provisions of this section, the school may be subject to disciplinary action
				  pursuant to section 5003  of the Education Law, if such conduct
				  constitutes a pattern of abuse. As used in this subdivision, a pattern of abuse
				  is defined as violations which occur three or more times in a 12-month
				  period.
(b) The commissioner shall
				  issue the following types of licenses and permits:
(1) Director's license or permit--issued to
				  qualified directors.
(2) Teacher's
				  license or permit--issued to qualified instructors or supervisors.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.8 - Financial Viability and Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
All schools shall meet and maintain the standards of
					 financial viability and reporting set forth in this section as a requirement
					 and condition of licensure or certification. For the purposes of this section,
					 school shall mean school as it is defined in subdivision (p) of section
					 126.1  of this Title
					 and shall additionally include Certified English as a second language schools
					 as defined in subdivision (x) of section
					 126.1.
(a) General standards of financial viability.
(1) The commissioner shall consider a school
				  to be financially viable if the commissioner determines that:
(i) the school's equity, primary reserve, and
				  net income ratios yield a composite score of at least 1.5, using the
				  methodology set forth in federal regulation
				  34 CFR section
				  668.172. The composite score shall be
				  calculated at the highest level of ownership; and
(ii) the school is able to meet all of its
				  financial obligations and provide the administrative resources necessary to
				  comply with all licensure or certification requirements. A school is deemed
				  unable to meet its financial or administrative obligations pursuant to this
				  paragraph if:
(a) the school does not have
				  sufficient operating cash flow and liquidity, as determined by the
				  commissioner; or
(b) the school is
				  subject to any of the triggering events set forth in subdivision (b) of this
				  section and the commissioner determines such triggering event is likely to have
				  a material adverse effect on the financial condition of the school or indicates
				  a distressed financial condition.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.11 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All records and
				  files of a school shall be maintained for seven years, except for permanent
				  student records as provided in subdivision (b) of this section, unless specific
				  disposition is authorized by the commissioner, and shall include:
(1) all approved courses of study,
				  accompanied by letters from the department granting such approval;
(2) all correspondence with the department
				  and other supervisory agencies;
(3)
				  copies of all advertising, bulletins and other promotional materials;
(4) the attendance register, for each class,
				  laboratory or session, progress in training and payments made to the school
				  either by the student or on his behalf;
(5) records of administrative, supervisory
				  and instructional staffs showing qualifications, approval by the department,
				  teaching schedules and pupil load, attendance, contract salary and salary
				  payments;
(6) inventories of
				  equipment and consumable supplies;
(7) financial records in such form and kept
				  in such manner as may be specified by the commissioner to facilitate the
				  determination of the quality of instruction given and the ability of the school
				  to discharge its obligations to its students;
(8) documentation of entrance requirements
				  for each course or curriculum for which the student has enrolled;
(9) a completed copy of the student
				  enrollment agreement contract signed by both an authorized agent of the school
				  and the student prior to the time instruction begins;
(10) records of all tuition and fees owed and
				  paid by the student; all loans and grants from public sources received by the
				  student or the school on behalf of the student; and the complete record of the
				  disbursement of such public funds;
(11) documentation of the award of any
				  advanced credit due to previous academic or practical experience, and a record
				  of any substitutes to the course or curriculum approved by the department as a
				  result thereof;
(12) records of
				  employment or educational status of each student graduating during a reporting
				  period established by the commissioner, which include the name, address and
				  telephone number of hiring employer, the job title and the starting date of
				  employment, or the name and address of the educational institution and the date
				  when the student started instruction at that institution.
(13) documentation of the academic standing
				  evaluations and academic counseling in the student record pursuant to
				  subparagraph (2) of subdivision (e) of section
				  126.4 
				  of this Part, on forms approved by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.13 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
Entities that are exempt from article 101 of the Education
					 Law and this Part are prescribed in section 5001 (2)  of the Education
					 Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.15 - Disclosure to students

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
				  all prospective or enrolled students, schools shall provide the following
				  information:
(1) all items required pursuant
				  to section 5005  of the Education Law;
(2) pursuant to section 5005  of the Education Law, the materials
				  required to be disseminated to all prospective or enrolled students shall be
				  written in the language principally used in the sales presentation, the
				  language of instruction as approved by the commissioner and English;
				  and
(3) a statement, approved by
				  the commissioner, which indicates that a student should review the approved
				  school catalog to determine factual information about the school.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.16 - Teachout plans

Current through Register Vol. 46, No. 28, July 10, 2024
All teachout plans developed pursuant to section 5006  of
					 the Education Law shall be submitted to the department at least 30 days prior
					 to the implementation of the teachout plan. Teachout plans submitted less than
					 30 days prior to the teachout may be denied based upon a school's inability to
					 meet such a timeline.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.17 - Tuition reimbursement account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section 5007  of the Education Law, a student who
				  was enrolled in a school which has not closed or ceased operation, and who has
				  dropped out, is entitled to a full refund if the student has submitted a
				  complaint form to the commissioner and the commissioner has determined that one
				  or more of the following violations have occurred:
(1) any violation enumerated under section 5003 (6)(b)  of the
				  Education Law;
(2) use of an
				  unlicensed teacher in one or more of a student's courses;
(3) use of a substitute teacher contrary to
				  the provisions contained in section
				  126.6(q) 
				  of this Part;
(4) use of an
				  unlicensed agent to procure, solicit or enroll the student;
(5) use of fraudulent or improper claims by a
				  licensed agent or school representative to procure, solicit or enroll the
				  student;
(6) dismissal or
				  termination of the student for other than just cause;
(7) failure of the school to offer the
				  program as approved by the commissioner; and
(8) any additional violation in which the
				  commissioner demonstrates that the student would not have enrolled in the
				  school but for the commission of that violation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.18 - Online education marketplaces

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  a prospective student pays all or part of his/her tuition and/or fees to an
				  online education marketplace in connection with such student's enrollment at a
				  school, the prospective student and the school shall execute an enrollment
				  agreement in accordance with section 126 .7 of this Part within 30 calendar
				  days of receipt of such monies by the online education marketplace. If an
				  enrollment agreement is not execute d within 30 calendar days, then the online
				  education marketplace shall refund all monies received to such prospective
				  student within 40 calendar days of receipt of such monies.
(b) If an enrollment agreement is executed
				  within 30 calendar days of receipt of such monies, as described in subdivision
				  (a) of this section, then the online education marketplace shall pay all monies
				  it has received to the school with 10 calendar days of receipt of notification
				  that an enrollment agreement has been executed. If the enrollment agreement is
				  canceled pursuant to section
				  126.7(d)(9) 
				  of this Part, then the online education marketplace or school shall refund such
				  monies to the student within 20 days of the cancellation of the agreement.
(c) An online education
				  marketplace shall not receive from a prospective student an amount greater than
				  the tuition or fees to be charged by the school to the student.
(d) An online education marketplace shall
				  separately account for monies received from a prospective student for the
				  payment of tuition or fees, and any remuneration and/or compensation received
				  by the online education marketplace from a school in payment for services
				  rendered to such school by the online education marketplace.
(e) A school shall also separately account
				  for tuition or fees transferred to the school by an online education
				  marketplace on behalf of a student in payment of tuition or fees, and any
				  payments made by the school to an online education marketplace for services
				  rendered to the school by the online education marketplace.
(f) Pursuant to section 5004 (3)(b)(i)(5)  of the
				  Education Law, the Commissioner may take disciplinary action against an online
				  education marketplace pursuant to section 5003  of the Education Law in accordance
				  with the due process procedures set forth in subdivision (b) of section
				  126.14 
				  of this Part, except that the Commissioner may impose any of the penalties set
				  forth in section 5003  of the Education Law except those
				  penalties set forth in subdivisions (6)(c)(3) and (6)(e) thereof.
(g) An online education marketplace is
				  prohibited from offering advertising/marketing services to an unlicensed
				  private career school or uncertified ESL school.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a)
Competent teacher
means
				  instructional staff employed by the school who demonstrate the appropriate
				  knowledge, skill, and dispositions to provide substantially equivalent
				  instruction. A competent teacher need not be certified.
(b)
Substantial equivalency of
				  instruction
for a nonpublic school, means an instructional program
				  which is comparable to that offered in the public schools and is designed to
				  facilitate students' academic progress as they move from grade to
				  grade.
(c)
Local school
				  authority (LSA)
means the trustees or board of education of the school
				  district that serves the geographic area in which a nonpublic school is
				  located; provided that in the case of the city school district of the City of
				  New York, such term shall mean the Chancellor of the city school district of
				  New York or, to the extent provided by law, the board of education of the City
				  School District of the City of New York.
(d)
Nonpublic school
means a
				  religious or independent school located in New York State that provides
				  elementary and/or secondary education (any grades 1 through 12) and such
				  education is intended to fulfill the compulsory education requirements of
				  Article 65 of the Education Law for the students that attend such
				  school.
(e)
Registered
				  school
means a nonpublic school that is voluntarily registered with
				  the Board of Regents under section
				  100.2(p) 
				  of this Title.
(f)
Superintendent
means the superintendent of schools or other
				  chief school officer of a school district, and in regard to the city school
				  district of the City of New York, superintendent shall mean the Chancellor of
				  the city school district.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.2 - Types of Substantial Equivalency Reviews and Determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) LSA's
				  determination. LSAs shall make substantial equivalency determinations for all
				  nonpublic schools within their geographical boundaries, provided, however, that
				  LSAs shall not make a determination for schools deemed substantially equivalent
				  pursuant to section 130.3  of this Part. For nonpublic schools subject to a
				  Commissioner's substantial equivalency determination ("Commissioner's
				  determination") pursuant to Education Law §3204(2)(ii)-(iii), LSAs must review
				  such schools for substantial equivalency and forward a recommendation and
				  supporting documentation to the Commissioner for his/her final determination.
				  Such reviews must be done consistent with section 130.9  of this Part.
(b) Commissioner's determination. The
				  Commissioner is responsible for making final substantial equivalency
				  determinations for any nonpublic schools which meets the requirements of
				  Education Law §3204(2)(ii)-(iii) after an LSA review and recommendation as
				  described in subdivision (a) of this section, provided, however, that the
				  Commissioner shall not make a determination for schools deemed substantially
				  equivalent pursuant to section 130.3  of this Part. Such reviews must be done
				  consistent with section 130.9  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.3 - Nonpublic Schools Deemed Substantially Equivalent

Current through Register Vol. 46, No. 28, July 10, 2024
(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.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.4 - Timeframes

Current through Register Vol. 46, No. 28, July 10, 2024
Substantial equivalency reviews, recommendations, and
					 final determinations made pursuant to this Part shall be completed within the
					 following timeframes:
(a) New nonpublic
				  schools. A new nonpublic school shall notify the LSA of the date on which it
				  intends to commence instruction and how it intends to provide instruction that
				  is substantially equivalent to that of students in the public schools. Except
				  for schools deemed substantially equivalent pursuant to section 130.3  of the
				  Part, LSAs shall complete substantial equivalency determinations, and
				  recommendations for schools subject to a Commissioner's determination pursuant
				  to section 130.2(b)  of this Part for all new nonpublic schools that open on or
				  after the effective date of this Part within two years of when the nonpublic
				  school commences instruction for students in any grades 1-12 and every seven
				  years thereafter.
(b) Existing
				  nonpublic schools. Except for schools deemed substantially equivalent pursuant
				  to section 130.3  of this Part, LSAs shall make required substantial equivalency
				  determinations, and recommendations for schools subject to a Commissioner's
				  determination pursuant to section 130.2(b)  of this Part, for all nonpublic
				  schools in their geographic boundaries that are operating on the effective date
				  of this Part by the end of the 2024-2025 school year and every seven years
				  thereafter.
(c) Failure to comply.
				  If an LSA does not make sufficient progress, as determined by the Department,
				  toward reviewing nonpublic schools for purposes of making required substantial
				  equivalency determinations by the end of the 2023-2024 school year and every
				  period of review thereafter, the Commissioner may withhold public moneys from
				  such LSA consistent with Education Law §3234.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.5 - Substantial Equivalency Reviews

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to commencing a substantial
				  equivalency review, the LSA shall determine whether the Commissioner is
				  responsible for making the final determination pursuant to section 130.2(b)  of
				  this Part, or whether the LSA is responsible for making such final
				  determination pursuant to section 130.2(a)  of this Part. If an LSA determines
				  that the Commissioner is responsible for making the final determination, the
				  LSA shall provide the Commissioner with the school's name, contact information,
				  and evidence that the school meets the criteria for a Commissioner's
				  determination.
(b) Except for
				  schools deemed substantially equivalent pursuant to section 130.3  of this Part,
				  the superintendent or his or her designee, which may include a board of
				  cooperative educational services (BOCES), provided that such designee shall
				  hold either a school building leader or school district leader certificate
				  pursuant to Part 80 of this Title, shall review all nonpublic schools in the
				  LSA's geographic boundaries, including nonpublic schools that meet the criteria
				  for a Commissioner's determination, and, in conducting such reviews, the LSA
				  shall use the criteria outlined in section 130.9  of this Part. For schools that
				  meet the criteria for a final determination by the Commissioner pursuant to
				  section 130.2(b)  of this Part, the LSA must conduct the review and make a
				  recommendation on substantial equivalency to the Commissioner for the
				  Commissioner's final determination as set forth in section 130.8  of this Part.
				  All reviews shall include at least one site visit to the nonpublic school by
				  the LSA.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.6 - LSA Determinations

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.7 - Reporting Requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By
				  September 1, 2023 and each September 1 thereafter, LSAs shall file a report
				  with the Department, in a form and manner prescribed by the Commissioner,
				  containing a list of all nonpublic schools located within the LSA's
				  geographical boundaries and the date of the last substantial equivalency
				  determination made for each nonpublic school;
(b) By December 1, 2023 and each December 1
				  thereafter, LSAs shall file a report with the Department, in a form and manner
				  prescribed by the Commissioner containing a list of all the nonpublic schools
				  identified in subdivision (a) of this section that:
(1) are registered schools or nonpublic
				  schools serving grades 1 through 8 that have a registered high school, pursuant
				  to section 130.3(a)(1)  of this Part;
(2) are State-approved private special
				  education schools and State-supported or State-operated schools, pursuant to
				  section 130.3(a)(2)  of this Part;
(3) are accredited by an approved accreditor,
				  pursuant to section 130.3(a)(3)  of this Part;
(4) participate in the international
				  baccalaureate program, pursuant to section 130.3(a)(4)  of this Part;
(5) whose instruction is approved by the
				  United States government for instruction on a military base or service academy,
				  pursuant to 130.3(a)(5) of this Part;
(6) use assessments, pursuant to section
				  130.3(a)(6)  of this Part;
(7) are
				  not identified in paragraphs (1)-(6) of this paragraph and are subject to
				  Commissioner's review pursuant to section 130.2(b)  of this Part; and
(8) are not identified in subparagraphs
				  (1)-(6) of this paragraph for which the LSA is responsible for making the final
				  substantial equivalency determination.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.10 - Conduct of Reviews

Current through Register Vol. 46, No. 28, July 10, 2024
Substantial equivalency reviews conducted pursuant to this
					 Part shall be conducted in the following manner:
(a) Reviews shall be conducted in a manner
				  that is respectful to the diversity of the nonpublic school community.
				  Nonpublic schools being reviewed shall be cognizant and respectful of the
				  responsibilities of the LSA, and their designee(s), to conduct reviews and
				  ensure that nonpublic school students receive substantially equivalent
				  instruction.
(b) Reviews shall be
				  based on objective criteria focused on whether students in the nonpublic school
				  receive instruction that is at least substantially equivalent to instruction
				  provided in public schools. This shall include a focus on opportunities offered
				  to nonpublic school students to acquire core skills and make academic progress.
				  Instructional programs in nonpublic schools need not demonstrate perfect
				  congruence between public and nonpublic school instruction.
(c) Reviews shall be cognizant of the rights
				  of parents or persons in a parental relationship to choose among religious and
				  independent schools that offer instruction that is at least substantially
				  equivalent to instruction provided in public schools for their
				  children.
(d) Reviews shall be
				  informed by, and respectful of, the cultural and religious beliefs and
				  educational philosophy that may drive the curriculum in nonpublic schools and
				  be integrated with academic content in the delivery of
				  instruction.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.11 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Commissioner, or his or her designee, may direct an LSA, or other authority
				  which may include a BOCES, to investigate a nonpublic school if the
				  Commissioner receives a complaint regarding the substantial equivalency of
				  instruction at such nonpublic school, or if the Commissioner otherwise has
				  concern regarding the substantial equivalency of instruction at a nonpublic
				  school, regardless of whether a complaint has been submitted. The Commissioner
				  will not direct an investigation of a nonpublic school where the Commissioner
				  determines, in his or her discretion, that a complaint does not have merit or
				  that investigation is otherwise not warranted.
(b) If so directed, the LSA shall investigate
				  such complaint and make a positive or negative substantial equivalency
				  determination, or recommendation for schools subject to a final determination
				  by the Commissioner, consistent with this Part.
(c) If an LSA does not investigate and make a
				  determination or recommendation on such complaint, the Commissioner may
				  withhold public moneys from such LSA consistent with Education Law §3234 and
				  section 130.14(b)  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.12 - Appeal to the Commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Persons considering themselves aggrieved by an LSA's
					 substantial equivalency determination may file an appeal to the Commissioner
					 within 30 days of the LSA's decision pursuant to Education Law §310 and section
					 275.16 
					 of this Title, and the Commissioner may, in his or her discretion, stay such
					 determination pending a final determination on such appeal pursuant to
					 Education Law §311 and section
					 276.1  of this
					 Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.13 - Records Request and Review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records
				  request.
(1) With respect to nonpublic
				  schools where the LSA is responsible for making the final determination
				  pursuant to section 130.2(a)  of this Part, the Commissioner may request records
				  and/or documentation the LSA used to make its final determination on
				  substantial equivalency of instruction. The LSA shall provide such records
				  and/or documentation to the Commissioner within 10 days of the
				  request.
(2) With respect to any
				  nonpublic school against which a penalty pursuant to §
											130.14(c)  of this Part
				  is being considered, the Commissioner may request that the LSA provide records
				  and/or documentation that a nonpublic school has intentionally prohibited an
				  LSA from conducting a review, and records and/or documentation of the LSA's
				  good faith efforts to review such nonpublic school, for purposes of making a
				  substantial equivalency determination, or recommendation for schools subject to
				  a final determination by the Commissioner, in accordance with the provisions of
				  this Part. The LSA shall provide such records and/or documentation to the
				  Commissioner within 10 days of the request.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.14 - Penalties and Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  violation of the compulsory education requirements contained in Article 65 of
				  the Education Law is subject to the penalties prescribed in Education Law
				  §3233.
(b) Pursuant to Education
				  Law §3234, the Commissioner may withhold one-half of all public school moneys
				  from any city or district, which, in the Commissioner's judgment, willfully
				  omits and refuses to enforce the provisions of the compulsory education
				  requirements contained in Article 65 of the Education Law, in accordance with
				  such section.
(c) If, after review
				  as prescribed in section 130.13(b)  of this Part, the Commissioner determines
				  that a nonpublic school has intentionally prohibited an LSA from conducting 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 the provisions of this Part, the Commissioner
				  may issue a written decision making a negative substantial equivalency
				  determination in accordance with section 130.13  of this
				  Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools › Section 130.15 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstances is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Part or the application thereof to other persons or
					 circumstances.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 135 - Health, Physical Education And Recreation › Section 135.2 - General regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  schools under the jurisdiction of the State Education Department shall provide
				  a program of health, physical education and recreation in an environment
				  conducive to healthful living. This program shall include:
(1) health and safety education;
(2) physical education, including athletics;
				  and
(3) recreation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 135 - Health, Physical Education And Recreation › Section 135.4 - Physical education

Current through Register Vol. 46, No. 28, July 10, 2024
(a) School
				  district plans. It shall be the duty of trustees and boards of education to
				  develop and implement school district plans to provide physical education
				  experiences for all pupils as provided in this section. Such current plans
				  shall be kept on file in the school district office and shall be filed with the
				  Division of Physical Education, Fitness, Health, Nutrition and Safety Services.
				  All school districts shall comply with the provisions of this section by August
				  1, 1982. However, the requirement for submission of a plan shall become
				  effective by January 1, 1983. A school district may conduct an instructional
				  physical education program which differs from, but is equivalent to, the
				  required program of instruction set forth in paragraph (2) of subdivision (c)
				  of this section, with the approval of the commissioner. An equivalent program
				  may be implemented only after approval from the Division of Physical Education,
				  Fitness, Health, Nutrition and Safety Services. A request for approval to
				  conduct an equivalent instructional physical education program shall be filed
				  with the Division of Physical Education, Fitness, Health, Nutrition and Safety
				  Services, and shall include the:
(1) program
				  goals and objectives;
(2) way in
				  which students are to be scheduled and the length of time daily, weekly,
				  monthly or yearly;
(3) program
				  activities offered at each grade level or each year of instruction;
				  and
(4) assessment activities for
				  determining the students' performance toward the goals and objectives of the
				  program.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 135 - Health, Physical Education And Recreation › Section 135.5 - First aid knowledge and skills requirements for coaches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Coaches of extra class periods in
				  physical education, as defined in section
				  135.1(h)  of this
				  Part, shall meet the requirements of this section.
(b) Except as provided in subdivision (c) of
				  this section, all coaches must hold valid certification in first aid knowledge
				  and skills, including instruction in the administration of adult
				  cardiopulmonary resuscitation, as issued by a nationally recognized
				  organization, as defined in Public Health Law § 3000-b(1)(d), or meet
				  equivalent requirements as set forth in this section.
(c) By January 15, 1993, all coaches employed
				  on or after January 15, 1992, must hold valid certification in first aid
				  knowledge and skills, including instruction in administration of adult
				  cardiopulmonary resuscitation and instruction in recognizing signs and symptoms
				  of cardiac arrest and sudden cardiac arrest, as issued by a nationally
				  recognized organization, as defined in Public Health Law § 3000-b(1)(d), or
				  meet equivalent requirements as set forth in this section.
(d) For the purpose of this section, the
				  following shall be deemed as equivalent to certification in first aid knowledge
				  and skills, including instruction in administration of adult cardiopulmonary
				  resuscitation as issued by a nationally recognized organization, as defined in
				  Public Health Law § 3000-b(1)(d):
(1)
				  completion of an approved course for coaches in first aid knowledge and skills,
				  including instruction in administration of adult cardiopulmonary resuscitation
				  and instruction in recognizing signs and symptoms of cardiac arrest and sudden
				  cardiac arrest;
(2) completion of
				  an approved college or university first aid knowledge and skills course,
				  including instruction in administration of adult cardiopulmonary resuscitation
				  and instruction in recognizing signs and symptoms of cardiac arrest and sudden
				  cardiac arrest;
(3) completion of
				  approved college or university courses in athletic training and sports
				  medicine, which include first aid knowledge and skills, including instruction
				  in administration of adult cardiopulmonary resuscitation and instruction in
				  recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest;
				  or
(4) equivalent experience which
				  is approved by the Commissioner of Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 135 - Health, Physical Education And Recreation › Section 135.6 - Comprehensive school health education demonstration program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition. As used in this section,
				  eligible local educational agency means a board of cooperative educational
				  services or the trustees or board of education of a public school district,
				  except that the board of education of a community school district within the
				  City of New York shall not be an eligible local educational agency unless its
				  participation in the demonstration program is authorized by the board of
				  education of the city school district of the City of New York.
(b) Program components. The comprehensive
				  school health education demonstration program established pursuant to section 804-a  of the Education Law shall be
				  limited to health education in grades K through 6 and shall consist of the
				  following components:
(1) Developer grants
				  for comprehensive school health education programs.
(i) Developer grants may be awarded to
				  eligible local educational agencies for the development, implementation, and
				  evaluation of a comprehensive health education program, including such
				  activities as:
(a) coordination of health
				  instruction with other available programs in the school and community related
				  to health education;
(b) provision
				  of in-service training and materials for elementary level school teachers in
				  comprehensive health education;
(c)
				  development and implementation of evaluation procedures to measure students'
				  knowledge, skills, behaviors and attitudes prior to and after program
				  implementation; and
(d) development
				  and implementation of a mechanism for project maintenance and long-range
				  programming.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 135 - Health, Physical Education And Recreation › Section 135.7 - Child Abuse and Maltreatment Identification and Reporting Coursework or Training for Coaches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  candidates for a temporary coaching license pursuant to subclause
				  135.4(c)(7)(i)(c)(3) of this Part or a professional coaching certificate
				  pursuant to subclause 135.4(c)(7)(i)(c)(4) of this Part shall have completed at
				  least two clock hours of coursework or training regarding the identification
				  and reporting of suspected child abuse and maltreatment from an institution or
				  provider approved by the department pursuant to Subpart 57-1 of this Title, in
				  accordance with the requirements of section 3036  of the Education Law. Each candidate
				  shall submit documentation satisfactory to the department showing that the
				  candidate has completed the required coursework or training.
(b) All persons holding a temporary coaching
				  license or professional coaching certificate on August 6, 2014 shall complete
				  the coursework or training required by section 3036  of the Education Law from a provider
				  approved by the department pursuant to Subpart 57-1 of this Title, and submit
				  documentation satisfactory to the department of such completion, no later than
				  July 1, 2015.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 136 - HEALTH SERVICE › Section 136.2 - General regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  schools under the jurisdiction of the State Education Department shall provide
				  a program of health services.
(b)
				  School health services shall be provided by each school district for all
				  students attending the public schools in this State, except in the city school
				  district of the City of New York, in accordance with law and the regulations.
				  School health services shall include the services of a registered professional
				  nurse, if one is employed, and shall also include such services as may be
				  rendered as provided herein in examining students for the existence of disease
				  or disability and in testing the eyes and ears of such students.
(c) The trustees or board of education of
				  each school district shall employ, at a compensation to be agreed upon by the
				  parties, a director of school health services.
(d) It shall be the duty of trustees and
				  boards of education:
(1) to provide approved
				  and adequate personnel and adequate facilities for treatment;
(2) to maintain for each student cumulative
				  records covering the essential features of the health services program;
				  and
(3) to make such reports to the
				  department as may be required on forms prescribed by the
				  commissioner.