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 130.8 - Commissioner's Determination

Current through Register Vol. 46, No. 28, July 10, 2024
(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.