Current through Register Vol. 46, No. 39, September 25, 2024
(a)
For nonpublic schools for which the Commissioner is required to make the final
determination pursuant to section
130.2(b) of this
Part, the LSA must conduct a review in accordance with section
130.9 of this Part and forward its
substantial equivalency recommendation and all relevant documentation to
support its recommendation to the Commissioner for review.
(b) The Commissioner shall provide the
nonpublic school with an opportunity to present additional relevant materials
and/or a written statement to the Commissioner prior to rendering a final
determination.
(c) If, based on the
LSA recommendation and the documentation submitted, the Commissioner determines
that the nonpublic school is providing substantially equivalent instruction,
the Commissioner shall, within 30 days, send written notification to the
nonpublic school and provide a letter for the nonpublic school to distribute
notifying the parents or persons in a parental relationship to the students who
attend the nonpublic school and the superintendent(s) of schools of each of the
districts which have resident students enrolled in the nonpublic school. The
Department shall post such determination on its website.
(d) If, based on the LSA recommendation and
the documentation submitted, the Commissioner determines that the nonpublic
school has not sufficiently demonstrated compliance with this Part, then:
(1) the Commissioner shall inform the
nonpublic school and the LSA of such determination and the reason for such
determination;
(2) the Commissioner
shall direct the LSA to 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 provided,
however, that the Commissioner may, in his or her discretion and 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.
(3) the
LSA must continue services to the nonpublic school and its students all
services during the timeline described in paragraph (2);
(4) if, after the timeline described in
paragraph (2) of this subdivision:
(i) the
nonpublic school has demonstrated compliance with this Part the LSA shall make
a recommendation to the Commissioner for a positive substantial equivalency
determination and provide supporting documentation to the Commissioner for
review;
(ii) the nonpublic school
has not demonstrated compliance with this Part, the LSA shall notify the
Commissioner and provide supporting documentation to the Commissioner for
review;
(5) the nonpublic
school may present additional relevant materials and/or a written statement to
the Commissioner, prior to the Commissioner's rendering of a determination
pursuant to paragraphs (6) and (7) of this subdivision.
(6) if the Commissioner makes a positive
substantial equivalency determination based on the process described above, the
Commissioner will follow the procedures outlined in subdivision (c) of this
section;
(7) if the Commissioner
makes a determination that the school does not provide substantially equivalent
instruction, then:
(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 Commissioner shall provide a letter
to the nonpublic school administrator of such determination within 30 days 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 school advising them of such determination. The Commissioner
shall provide a reasonable timeframe for parents or persons in parental
relationship to identify and enroll their children in a different, appropriate
educational setting, consistent with Education Law §3204;
(iii) legally required services to the
nonpublic school and students must continue during the reasonable timeframe
provided to the parents and persons in parental relationship as described in
subparagraph (ii) of this paragraph; and
(iv) student records shall be managed
consistent with section
104.2 of this
Title.
