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 130.4 - Timeframes

(a) New nonpublic schools. A new nonpublic school shall notify the LSA of the date on which it intends to commence instruction and how it intends to provide instruction that is substantially equivalent to that of students in the public schools. Except for schools deemed substantially equivalent pursuant to section 130.3 of the Part, LSAs shall complete substantial equivalency determinations, and recommendations for schools subject to a Commissioner's determination pursuant to section 130.2(b) of this Part for all new nonpublic schools that open on or after the effective date of this Part within two years of when the nonpublic school commences instruction for students in any grades 1-12 and every seven years thereafter.

(b) Existing nonpublic schools. Except for schools deemed substantially equivalent pursuant to section 130.3 of this Part, LSAs shall make required substantial equivalency determinations, and recommendations for schools subject to a Commissioner's determination pursuant to section 130.2(b) of this Part, for all nonpublic schools in their geographic boundaries that are operating on the effective date of this Part by the end of the 2024-2025 school year and every seven years thereafter.

(c) Failure to comply. If an LSA does not make sufficient progress, as determined by the Department, toward reviewing nonpublic schools for purposes of making required substantial equivalency determinations by the end of the 2023-2024 school year and every period of review thereafter, the Commissioner may withhold public moneys from such LSA consistent with Education Law §3234.