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

(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.