What is Substantial Equivalence?

Substantial equivalency (SE) is based upon the provision of instruction in the core subjects required by state law (science, math, social studies, and English language arts).   

The goal of the substantial equivalence regulations is to ensure that students attending religious and independent schools across New York State have access to an education that is substantially equivalent to students attending public schools. Achieving this goal requires that both public and religious and independent schools collaborate to ensure all students have equitable access to educational opportunities.   

New York State compulsory education law places the primary responsibility for confirming that students attending nonpublic schools are receiving SE instruction upon Local School Authorities (LSAs). SE is based upon the provision of instruction as specified in Part 130.9 of Commissioner’s Regulations.  The regulation creates pathways through which religious and independent schools (R/Is) can demonstrate that their instruction meets SE requirements. 

• Pursuant to the Part 130 Regulations of the Commissioner of Education, Local School Authorities/Districts (LSAs) must report, via the NYSED Business Portal: 

1. religious and independent 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 religious and independent school.  

Terminology

The New York State Department of Eduation's (NYSED's) interpretation of terms used in the substantial equivalence regulation. 

Bilingual program, as it relates to the criteria for a Commissioner’s determination enumerated in Education Law § 3204 (2) (ii)-(iii), means that a school regularly delivers a meaningful portion of instruction in two or more languages.  Bilingual program includes, but is not limited to, a program provided for English language learners pursuant to Education Law § 3204 (2) and (2-a). 

Competent teacher means instructional staff employed by the nonpublic school who demonstrate the appropriate knowledge, skill, and dispositions to provide substantially equivalent instruction in the required subject areas.  A competent teacher need not be certified (8 NYCRR 130.1[a]). 

Identifying Label means BEDS code.

Local School Authority (LSA) means the trustees or board of education of the 
school district that serves the geographic area in which a nonpublic school is located; provided that in the case of the city school district of the City of New York, such term shall mean the Chancellor of the city school district of New York or, to the extent provided by law, the board of education of the City School District of the City of New York.   

Nonpublic school means a religious or independent school located in New York State that provides elementary and/or secondary education (any grades 1 through 12) and such education is intended to fulfill the compulsory education requirements of Article 65 of the Education Law for the students that attend such school (8 NYCRR 130.1[d]). 

Office of Religious and Independent School Support (ORISS) is the NYSED office that has the primary responsibility for serving the needs of nonpublic schools. ORISS is composed of two units.  One provides programmatic support and oversight for religious and independent schools called the State Office of Religious and Independent Schools (SORIS) and the other provides business- and finance-related oversight and support.  This includes coordination of the process for schools’ recognition by the state, high school registration, implementing certain state and federal grant programs, and for ensuring that religious and independent schools are providing substantially equivalent instruction for their compulsory school aged students.  The terms ORISS is used as a modifier by NYSED to refer to a variety of functions and other items related to religious and independent schools, e.g. ORISS code (defined below). 

ORISS (Formerly SORIS) Code is a code provided by NYSED that recognizes that nonpublic schools in multiple locations are members of the same school organization and is related to but different from a BEDS (Basic Educational Data System) Code which is an administrative identification number issued to a nonpublic school and assigned to a specific nonpublic school site to recognize such site by the Department. 

Substantial equivalency of instruction for a nonpublic school means an instructional program which is comparable to that offered in the public schools and is designed to facilitate students’ academic progress as they move from grade to grade (8 NYCRR 130.1[b]).  Comparable should include consideration of any artifacts that collectively show that age- and grade-appropriate instruction of suitable depth and breadth is implemented in all mandatory subjects and is designed to facilitate students’ academic progress from grade to grade.  Substantially equivalent does not mean that a religious or independent school must have the same schedule or teach exactly the same content as the public school. 

NYSED Substantial Equivalency Regulation Timeline

The report must include all religious and independent schools within the LSA’s geographic boundaries, even religious and independent schools without basic educational data system (BEDS) codes. The submission deadline is September 1, 2024, and each September thereafter.   

• Pursuant to the Part 130 Regulations of the Commissioner of Education, LSAs must inform the Department, via the NYSED Business Portal of the pathway each religious and independent school in its boundaries has selected to use to demonstrate the substantial equivalence of its instruction, including Pathway 7 (the local review). The submission deadline is December 1, 2024, and each December thereafter.   

• Pursuant to the Part 130 Regulations between December 1, 2023 and December 1, 2024, LSAs will consult with those schools those that will require review or follow-up to complete the requirements for another pathway.  

• Pursuant to the Part 130 Regulations, by December 1, 2024, LSAs must attest to whether they have or have not yet made final substantial equivalency determinations and recommendations for each nonpublic school in their geographical area and the date on which such determination or recommendation was made or is anticipated to be made. 

• Pursuant to the Part 130 Regulations, 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. 

Substantial Equivalency Pathways

• The regulation provides flexibility through the use of six additional pathways, beyond a local review, that can be used to confirm that a nonpublic school is providing substantially equivalent instruction to its students.  

  The pathways established by the regulation are: 

  • Substantial Equivalency Pathways 
    • Pathway 1: Registered High Schools
    • Pathway 2: State Approved Private Special Education Schools, State-Operated or State-Supported School
    • Pathway 3: Accreditation
    • Pathway 4: International Baccalaureate (IB) Programs - For more information on a school’s approved participation in an IB program, please consult the IB program website listing. Note that online only religious and independent school programs do not qualify under this pathway. 
    • Pathway 5: Federally Approved Schools - There is currently one federally approved school: West Point Middle School located at 705 Barry Road, West Point, NY 10996. Pathway 6:
    • Pathway 6: Assessments
    • Pathway 7: Local Reviews

Nassau BOCES Substantial Equivalency Review (SER) Service

Substantial Equivalency Service Letter of Intent  - An updated Letter of Intent will be available in January 2025.

Service to satisfy Pathway 7 will begin - January 2025

Standard Subscription - $730 per district

• Substantial Equivalency process training session offered at Nassau BOCES for district personnel
• Phone support throughout the school year regarding Substantial Equivalency
• Additional resources including rubric templates to complete the Substantial Equivalency Review process
• Does not include follow-up support for collaborative improvement plan - a separate LOI can be customized to support these needs

Premium Subscription - $5,400 per non-public school (Discounted rate of $4,400 per non-public school for districts requiring more than 3 reviews of non-public schools).

• All items from Substantial Equivalency Standard Subscription
• Initial letter informing non-public schools of review including preliminary instructions for visit.
• Initial review meeting with non-public school leaders to establish a timeline, the agenda for two-day review process, and evidence to be provided by the non-public school
• Two-day on-site visit conducted by Nassau BOCES (Tour of school building, team meeting, classroom observations, documentation review, and follow-up interviews)
• Substantial Equivalency documentation preparation for district, non-public school, and state
• Substantial Equivalency review decision letters will be prepared and sent to district and non-public school/s

Additional Review Services will be included if needed in the event an improvement plan is recommended.

• Follow-up meeting with non-public school leaders 
• Collaborative improvement plan generated with appropriate timeline and benchmarks
• Initial review meeting held at Nassau BOCES with district and non-public leaders 
• Follow-up meeting to review plan implementation
• Determine a final decision regarding Substantial Equivalency 
• Re-submit paperwork to the school district