Substantial Equivalency Review

What is Substantial Equivalence?

Substantial Equivalence (SE) means nonpublic schools must teach the core subjects—English language arts, math, science, and social studies—at a level comparable to public schools.

Under New York State law, Local School Authorities (LSAs) are responsible for confirming that nonpublic schools serving compulsory-age students (ages 6 - 16, or 17 in some areas) provide substantially equivalent instruction.

LSAs must follow Part 130 of the Commissioner’s Regulations, which outlines how religious and independent schools can demonstrate SE. All determinations and school listings must be reported through the NYSED Business Portal.

Key Terms in Substantial Equivalence (SE)

Bilingual Program
A program where a school provides a meaningful portion of instruction in two or more languages. This includes programs for English Language Learners.

Competent Teacher
A teacher who has the knowledge and skills to deliver substantially equivalent instruction. Certification is not required for nonpublic school teachers.

Identifying Label
Another term for a school’s BEDS code.

Local School Authority (LSA)
The board of education or trustees of the district where a nonpublic school is located.
In New York City, this means the Chancellor (or the NYC Board of Education where applicable).

Nonpublic School
A religious or independent school in New York State serving any grades 1–12, providing instruction that fulfills compulsory education requirements.

Office of Religious and Independent School Support (ORISS)
The NYSED office that supports and oversees nonpublic schools. ORISS handles:

• Program support

• Finance and business oversight

• High school registration

• State and federal grant programs

• Recognition of schools

• Oversight of substantial equivalence

ORISS Code (formerly SORIS Code)
A code used by NYSED to identify schools that belong to the same organization across multiple locations.
This differs from a BEDS code, which identifies an individual school site.

Substantial Equivalency of Instruction
Instruction in a nonpublic school that is comparable to public school instruction and supports students’ academic progress from grade to grade.
Schools do not need to have the same schedule or identical content as public schools but must show appropriate depth and breadth in all required subjects.

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  

Service to satisfy Pathway 7

$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).

• Initial communication informing non-public schools of review including preliminary instructions for visit.
• Initial review meetings with non-public school leaders to establish a timeline, the agenda for a 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 recommendation: Documentation will be prepared and sent to district and non-public school/s.

Final determination of Substantial Equivalency is the responsibility of the school district.

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 recommendation regarding Substantial Equivalency 
• Re-submit paperwork to the school district

Nassau BOCES Substantial Equivalency Presentation 

NYSED Substantial Equivalency Website

        Please use the SE Complaints form for the submission of specific complaints regarding SE issues about religious and independent schools. 

SEsupport@nysed.gov