Current through Register Vol. 46, No. 12, March 20, 2024
For nonpublic schools where the LSA is responsible for
making the final determination pursuant to section 130.2(a) of this Part,
following its review, the LSA shall render a substantial equivalency
determination in the following manner:
(a) Preliminary determinations.
(1) If, following review, in accordance with
section 130.9 of this Part, the superintendent, or his or her designee
determines that the nonpublic school has not sufficiently demonstrated the
substantial equivalence of instruction, the LSA shall:
(i) inform the nonpublic school's
administrators of the preliminary determination and the reason(s) for such
preliminary determination;
(ii)
notify the Department in a form and manner prescribed by the
Commissioner;
(iii) collaboratively
develop, within sixty days, a timeline and plan with the nonpublic school for
attaining substantial equivalency in an amount of time that is reasonable given
the reasons identified in the review, provided that such timeline shall not
exceed the end of the next academic year following the year in which the
preliminary determination is made; and
(iv) continue services to the nonpublic
school and its students during the period covered by the collaboratively
developed timeline.
(2) No
later than sixty days after the end of the timeline described in paragraph (1)
of this subdivision, including any extensions granted pursuant to paragraph (3)
of this subdivision, the LSA shall render a final determination in accordance
with the provisions of subdivision (b) of this section.
(3) Notwithstanding paragraph (1) of this
subdivision, the Commissioner may in his or her discretion, upon written
request from the LSA and nonpublic school jointly or from the nonpublic school
on notice to the LSA, extend the sixty-day deadline and/or timeline
collaboratively developed by the LSA and nonpublic school upon a showing of
good faith progress toward development of a timeline and/or implementation of
the plan, as applicable.
(b) Final determinations.
(1) Final determinations for school
districts, other than the city school district of the City of New York:
(i) After review of the nonpublic school in
accordance with section 130.9 of this Part and preliminary determination, the
superintendent, or his or her designee, shall make a recommendation in writing
to the LSA that a nonpublic school be deemed to provide at least substantially
equivalent instruction (a positive substantial equivalency determination), or
be deemed to not provide at least substantially equivalent instruction
(negative substantial equivalency determination).
(ii) The LSA shall notify the nonpublic
school administration of the date of the regularly scheduled board meeting at
which the LSA will consider the matter of substantial equivalency at least 15
calendar days prior to such date.
(iii) The nonpublic school shall be provided
an opportunity to present additional relevant materials and/or a written
statement to the LSA prior to the LSAs' vote at such board meeting.
(iv) The LSA shall then vote on the
superintendent's or his or her designee's recommendation at a regularly
scheduled public board meeting and render either a positive or negative
substantial equivalency determination as prescribed in subdivision (c) of this
section.
(2) Final
determinations for the city school district of the City of New York:
(i) After review of the nonpublic school in
accordance with section 130.9 of this Part and preliminary determination, the
LSA shall render either a positive or negative substantial equivalency
determination.
(c) Procedure after final determination.
(1) If the LSA renders a positive substantial
equivalency determination, the LSA shall provide written notification within 30
days to the nonpublic school administrator, the superintendent(s) of schools of
each of the districts which have resident students enrolled in the nonpublic
school, and the Department in a form and manner prescribed by the Commissioner,
advising them of such determination, and the Department shall post such
determination on its website. Such notification shall include a summary of the
basis of the LSA's determination and the reason(s) therefore.
(2) If the LSA renders a negative substantial
equivalence determination:
(i) the nonpublic
school shall no longer be deemed a school which provides compulsory education
fulfilling the requirements of Article 65 of the Education Law.
(ii) The LSA shall provide written
notification to the nonpublic school administrator of such determination within
30 days, including the nonpublic school's right to appeal pursuant to Education
Law §310 to the Commissioner and section
275.16
of this Title, and provide a letter for the nonpublic school to distribute to
the parents or persons in parental relationship to students attending the
nonpublic school and the superintendent(s) of schools of each district which
has resident students enrolled in the nonpublic school advising them of such
determination. The LSA shall provide a reasonable timeframe for parents or
persons in parental relationship to enroll their children in a different
appropriate educational setting, consistent with Education Law
§3204.
(iii) The LSA shall
notify the Department of the negative determination, and reasons therefore, in
a form and manner prescribed by the Commissioner. Such notification shall
include the justification for the LSA's determination.
(iv) Legally required services to the
nonpublic school and students must continue until the end of the reasonable
timeframe provided to the parents and persons in parental relationship as
described in subparagraph (ii) of this paragraph.
(v) Student records shall be managed
consistent with section
104.2
of this Title.
(d) Such LSA determinations shall be accepted
by LSAs who have resident students attending a nonpublic school that is not
within their geographic boundaries, absent a subsequent substantial equivalency
determination by the Commissioner pursuant to an appeal in accordance with
Education Law §310 and section 130.12 of this Part or pursuant to a review
in accordance with section 130.14 of this Part.