New York Codes, Rules and Regulations
Chapter II - Regulations of the Commissioner
Subchapter F - Private Schools
Part 130 - Substantial Equivalency Reviews for Students Attending Nonpublic Schools
Section 130.9 - Criteria for Substantial Equivalency Reviews

Current through Register Vol. 45, No. 26, June 28, 2023

When reviewing a nonpublic school for substantial equivalency, other than schools deemed substantially equivalent pursuant to section 130.3 of this Part, the following must be considered:

(a) whether instruction is given only by a competent teacher or teachers as required by Education Law §3204(2)(i);

(b) whether English is the language of instruction for common branch subjects as required by Education Law §3204(2)(i);

(c) whether students who have limited English proficiency have been provided with instructional programs enabling them to make progress toward English language proficiency as required by Education Law §3204(2-a);

(d) accreditation materials from the last five years;

(e) whether the instructional program in the nonpublic school as a whole incorporates instruction in mathematics, science, English language arts, and social studies that is substantially equivalent to such instruction required to be provided in public schools pursuant to Education Law §3204(3);

(f) whether the nonpublic school meets the following other statutory and regulatory instructional requirements:

(1) instruction in patriotism and citizenship pursuant to Education Law §801(1) and section 100.2(c)(1) of this Title;

(2) instruction in the history, meaning, significance and effect of the provisions of the Constitution of the United States and the amendments thereto, the Declaration of Independence, the Constitution of the State of New York and the amendments thereto, pursuant to Education Law §801(2) and section 100.2(c)(3) of this Title;

(3) instruction in New York State history and civics pursuant to Education Law §3204(3) and section 100.2(c)(7) of this Title;

(4) instruction in physical education and kindred subjects pursuant to Education Law §803(4) and section 135.4(b) of this Title and instruction in health education regarding alcohol, drugs, and tobacco abuse pursuant to Education Law §804 and section 100.2(c)(4) of this Title. Pursuant to Education Law §3204(5), a student may, consistent with the requirements of public education and public health, be excused from such study of health and hygiene as conflicts with the religion of the students' parents or guardian; provided that such conflict must be certified by a proper representative of their religion as defined in Religious Corporations Law §2;

(5) instruction in highway safety and traffic regulation, pursuant to Education Law §806 and section 100.2(c)(5) of this Title;

(6) instruction in fire drills and in fire and arson prevention, injury prevention and life safety education, pursuant to Education Law §§807 and 808, and section 100.2(c)(6) of this Title; and

(7) instruction in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator pursuant to Education Law §305(52) and section 100.2(c)(11) of this Title; and

(g) For nonpublic schools meeting the criteria in Education Law §3204(2)(ii)-(iii), the criteria enumerated in such statute for such schools.

Adopted New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/28/2022

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