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 130.5 - Substantial Equivalency Reviews

(a) Prior to commencing a substantial equivalency review, the LSA shall determine whether the Commissioner is responsible for making the final determination pursuant to section 130.2(b) of this Part, or whether the LSA is responsible for making such final determination pursuant to section 130.2(a) of this Part. If an LSA determines that the Commissioner is responsible for making the final determination, the LSA shall provide the Commissioner with the school's name, contact information, and evidence that the school meets the criteria for a Commissioner's determination.

(b) Except for schools deemed substantially equivalent pursuant to section 130.3 of this Part, the superintendent or his or her designee, which may include a board of cooperative educational services (BOCES), provided that such designee shall hold either a school building leader or school district leader certificate pursuant to Part 80 of this Title, shall review all nonpublic schools in the LSA's geographic boundaries, including nonpublic schools that meet the criteria for a Commissioner's determination, and, in conducting such reviews, the LSA shall use the criteria outlined in section 130.9 of this Part. For schools that meet the criteria for a final determination by the Commissioner pursuant to section 130.2(b) of this Part, the LSA must conduct the review and make a recommendation on substantial equivalency to the Commissioner for the Commissioner's final determination as set forth in section 130.8 of this Part. All reviews shall include at least one site visit to the nonpublic school by the LSA.