Current through Register Vol. 46, No. 39, September 25, 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.
(b) Where an LSA
deems a nonpublic school substantially equivalent pursuant to this section, it
shall notify the nonpublic school of such determination, and the Commissioner
may, at any time, request the evidence submitted to the LSA from the nonpublic
school to demonstrate that it satisfies subdivision (a) of this section. The
LSA must submit such evidence to the Commissioner within 10 days of such
request. If, upon review of such evidence, the Commissioner determines that the
nonpublic school has not submitted sufficient evidence to the LSA to
demonstrate it satisfies subdivision (a) of this section, the Commissioner
shall direct the LSA to conduct 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 this
Part.
