NYSED Substantial Equivalency Regulation Implementation Timeline

  • Regulation Implementation Timeline:

    By October 9, 2023 (Each September 1 Thereafter): LSAs will report (1) all the non-public schools that serve compulsory-age children (from age 6 to 16 in most jurisdictions, age 17 in others) within their geographical boundaries and (2) the date of the last Substantial Equivalency Determination made for each non-public school to the Department via the NYSED Business Portal. Such report must include all non-public schools within the LSAs geographic boundaries, even non-public schools without Basic Educational Data Systems (BEDS) codes.   

    • As this is the first year implementing these regulations, and to ensure that LSAs and non-public schools have time to work together to complete this requirement, NYSED is able to provide a one-time extension to this deadline from September 1 to October 9, 2023. 
    • LSAs should use best faith efforts to complete this task which, for most districts, should only take a few minutes.
    • Directions on how to complete the LSA survey via the internet through the  NYSED Business Portal. 
    • Can be found in the attached PowerPoint or on the NYSED website at https://www.nysed.gov/nonpublic-schools/substantial-equivalency.
    • Questions about the survey or Substantial Equivalence can be directed to the Office of Religious and Independent School Support at 518-473-8202 or sesupport@nysed.gov.

    By December 1, 2023 (and Each December 1 Thereafter):  The LSA must Inform the Department, via the NYSED Business Portal of the pathway each non-public school in its boundaries has selected to use to demonstrate the Substantial Equivalence of its instruction.  The LSA must identify non-public schools that will go through a local review and meet the criteria for a Commissioner’s Determination. The LSA will also identify non-public schools that will go through a local review and for which the LSA is responsible for making the final Substantial Equivalency Determination.

    Deadline Extension to January 15, 2024: LSA/District reporting of Non-Public School Substantial Equivalence Pathways

    • The deadline to submit these determinations is December 1 of this year and each December 1 thereafter. However, as this is the first year of implementation, and to ensure continued meaningful engagement between LSAs and nonpublic schools, the State Education Department (SED) is extending this deadline from December 1 to January 15, 2024 for this academic year only. Future deadlines to do this work will remain December 1.  

    Between December 1, 2023 and December 1, 2024: LSAs will consult with those schools that will require review or follow-up to complete the requirements for another pathway. This consultation will assist the LSA in establishing a timeline for the review process.

    By December 1, 2024 (and Each December 1 Thereafter):  via the NYSED Business Portal  LSAs must attest to whether they have or have not yet made final Substantial Equivalency Determinations and recommendations for each non-public school in their geographical area and the date on which such determination or recommendation was made or is anticipated to be made.

    By June 30, 2025:  LSAs shall make required Substantial Equivalency Determinations, and recommendations for schools subject to a Commissioner’s Determination for all nonpublic schools in their geographic boundaries that were operating as of September 28, 2022, by the end of the 2024-2025 school year and every seven years thereafter.  Schools that received a Preliminary Negative Substantial Equivalency Determination may be in the Collaborative Improvement Process at this time.

    Within Two Years of a New Nonpublic School’s Founding:  The new school must demonstrate that it provides Substantially Equivalent Instruction.  The new 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 a pathway enumerated in 8 NYCRR 130.3, LSAs must complete Substantial Equivalency Determinations (and recommendations for schools subject to a Commissioner’s Determination) for all new schools within two years of when the non-public school commences instruction for students in any Grades 1-12 and every seven years thereafter.