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. 39, September 25, 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.
