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 130.9 - Criteria for Substantial Equivalency Reviews

Current through Register Vol. 46, No. 28, July 10, 2024
When reviewing a nonpublic school for substantial
					 equivalency, other than schools deemed substantially equivalent pursuant to
					 section 130.3  of this Part, the following must be considered:
(a) whether instruction is given only by a
				  competent teacher or teachers as required by Education Law
				  §3204(2)(i);
(b) whether English is
				  the language of instruction for common branch subjects as required by Education
				  Law §3204(2)(i);
(c) whether
				  students who have limited English proficiency have been provided with
				  instructional programs enabling them to make progress toward English language
				  proficiency as required by Education Law §3204(2-a);
(d) accreditation materials from the last
				  five years;
(e) whether the
				  instructional program in the nonpublic school as a whole incorporates
				  instruction in mathematics, science, English language arts, and social studies
				  that is substantially equivalent to such instruction required to be provided in
				  public schools pursuant to Education Law §3204(3);
(f) whether the nonpublic school meets the
				  following other statutory and regulatory instructional requirements:
(1) instruction in patriotism and citizenship
				  pursuant to Education Law §801(1) and section
				  100.2(c)(1) 
				  of this Title;
(2) instruction in
				  the history, meaning, significance and effect of the provisions of the
				  Constitution of the United States and the amendments thereto, the Declaration
				  of Independence, the Constitution of the State of New York and the amendments
				  thereto, pursuant to Education Law §801(2) and section
				  100.2(c)(3) 
				  of this Title;
(3) instruction in
				  New York State history and civics pursuant to Education Law §3204(3) and
				  section
				  100.2(c)(7) 
				  of this Title;
(4) instruction in
				  physical education and kindred subjects pursuant to Education Law §803(4) and
				  section
				  135.4(b) 
				  of this Title and instruction in health education regarding alcohol, drugs, and
				  tobacco abuse pursuant to Education Law §804 and section
				  100.2(c)(4) 
				  of this Title. Pursuant to Education Law §3204(5), a student may, consistent
				  with the requirements of public education and public health, be excused from
				  such study of health and hygiene as conflicts with the religion of the
				  students' parents or guardian; provided that such conflict must be certified by
				  a proper representative of their religion as defined in Religious Corporations
				  Law §2;
(5) instruction in highway
				  safety and traffic regulation, pursuant to Education Law §806 and section
				  100.2(c)(5) 
				  of this Title;
(6) instruction in
				  fire drills and in fire and arson prevention, injury prevention and life safety
				  education, pursuant to Education Law §§807 and 808, and section
				  100.2(c)(6) 
				  of this Title; and
(7) instruction
				  in hands-only cardiopulmonary resuscitation and the use of an automated
				  external defibrillator pursuant to Education Law §305(52) and section
				  100.2(c)(11) 
				  of this Title; and