Substantial Equivalency
Substantial Equivalency
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:
- 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
- the date of the last substantial equivalency determination made for each religious and independent school.
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 Implementation Guidance
Topics covered:
- Terminology
- 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: Assessments
- Pathway 7: Local Reviews
- Criteria for Substantial Equivalency Reviews
- Substantial Equivalency Review & Determination Process
- Timeframes
- Safeguards
Substantial Equivalency Frequently Asked Questions (FAQ) as of November 14, 2024
Resources
Accreditation
The Substantial Equivalence Accreditor Application should be completed by those entities seeking to become an approved accrediting agency for religious and independent schools looking to utilize pathway 3 to be deemed substantially equivalent. Please refer to the Substantial Equivalency Implementation Guidance for more details.
New York State Education Department's Accreditors for Substantial Equivalency (SE) Pathway 3
Assessments
Standardized assessments are those that employ a systematic method of gathering information from objectively scored items that allow the test taker to select one or more of the given options or choices as their response.
The Substantial Equivalence New Assessment Consideration Application should be completed by those seeking to utilize assessment pathway 6 to be deemed substantially equivalent. Please refer to the Substantial Equivalency Implementation Guidance for more details.
Not all standardized assessments or families of assessments address the required subjects at the full range of grade levels, so religious and independent schools may use a combination of approved assessments to meet the requirements of this pathway. This is acceptable as long as each assessment is approved, administration meets the criteria in this pathway, and a sufficient number of students participate in the assessment. As such, religious and independent schools utilizing this pathway should utilize the assessments necessary to cover the required applicable subjects for the grade levels served by the schools (i.e. the NYS math, ELA and science assessments for elementary and middle schools and the applicable subject matter assessments for high school).
New York State Education Department's State Assessments for Substantial Equivalency (SE) Pathway 6
Participation Rate: The current public school three-year statewide average State assessment.
Religious and independent schools need to demonstrate an overall student participation rate on any approved assessments, regardless of grade level or subject, which is equal or greater to the three-year statewide average most recently available public school participation rate for the State Grade 3-8 Math and ELA assessments.
New York State Annual Assessment Aggregate Public School Participation Rates - Three-Year Year Statewide Average: The three-year participation rate for the 2020-21, 2021-22, and 2022-23 school years have a calculated 3-year average of 67% Participation Rate.
Religious and Independent Schools Assessments Administered 2023-2024
Felder Amendment
In April 2018, the Legislature amended the Education Law §3204(2)(ii) to create an exception for certain schools (commonly known as the Felder Amendment). For those particular schools:
- Ultimate responsibility for making final substantial equivalence determination is shifted from local school districts to the Commissioner; and
- The Commissioner must consider certain enumerated factors in making the substantial equivalence determination.
Information on Felder Schools as defined in 3204(2)(ii)-(iii):
(ii) For purposes of considering substantial equivalence pursuant to this subdivision for nonpublic elementary and middle schools that are: (1) non-profit corporations, (2) have a bi-lingual program, and (3) have an educational program that extends from no later than nine a.m. until no earlier than four p.m. for grades one through three, and no earlier than five thirty p.m. for grades four through eight, on the majority of weekdays, the department shall consider the following, but not limited to: if the curriculum provides academically rigorous instruction that develops critical thinking skills in the school's students, taking into account the entirety of the curriculum, over the course of elementary and middle school, including instruction in English that will prepare pupils to read fiction and nonfiction text for information and to use that information to construct written essays that state a point of view or support an argument; instruction in mathematics that will prepare pupils to solve real world problems using both number sense and fluency with mathematical functions and operations; instruction in history by being able to interpret and analyze primary text to identify and explore important events in history, to construct written arguments using the supporting information they get from primary source material, demonstrate an understating of the role of geography and economics in the actions of world civilizations, and an understanding of civics and the responsibilities of citizens in world communities; and instruction in science by learning how to gather, analyze and interpret observable data to make informed decisions and solve problems mathematically, using deductive and inductive reasoning to support a hypothesis, and how to differentiate between correlational and causal relationships.
(iii) For purposes of considering substantial equivalence pursuant to this subdivision for nonpublic high schools that: (1) are established for pupils in high school who have graduated from an elementary school that provides instruction as described in this section, (2) are a non-profit corporation, (3) have a bi-lingual program, and (4) have an educational program that extends from no later than nine a.m. until no earlier than six p.m. on the majority of weekdays the department shall consider the following but not limited to: if the curriculum provides academically rigorous instruction that develops critical thinking skills in the school's students, the outcomes of which, taking into account the entirety of the curriculum, result in a sound basic education.
Local School Authority (LSA)
The regulation requires that “by September 1, 2023* (each September 1 thereafter): LSA will report (1) all the nonpublic 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 nonpublic school to the Department via the NYSED Business Portal or another electronic portal as determined by the Department. Such report must include all nonpublic schools within the LSA geographic boundaries, even nonpublic schools without basic educational data system (BEDS) codes.” Please refer to the Substantial Equivalency Implementation Guidance for more details.
For directions on how to fulfill this reporting requirement, please see the Local School Authority (LSA) Substantial Equivalency Reporting Survey Instructions.
As part of the requirements of state education law, NYSED requires each year that all LSAs must inform the Department of the pathway each religious and independent school in its boundaries has selected to use to demonstrate the substantial equivalence of its instruction via the NYSED Business Portal. The deadline for each LSA to report the pathway for its school/institution to NYSED is December 1, 2023** (and each December 1 thereafter). NYSED is providing a sample template letter for LSAs to use when requesting pathway information from religious and independent schools within their boundaries. LSAs should adjust the letter to fit the individual needs of their districts.
The School Districts: Active School District Superintendent Contact Info and Institution URL report is updated daily and can be found on the SED Public Reports Portal.
Information on the process by which LSAs will conduct reviews will be coming soon.
SE Complaints
Pursuant to section 130.11 of the Regulations of the Commissioner of Education, the Commissioner has the discretion to direct a LSA or Board of Cooperative Educational Services (BOCES) to investigate a nonpublic school if the Commissioner has cause for concern regarding the substantial equivalence of instruction at such nonpublic school, either based on a complaint or some other source of information.
Please use the SE Complaints form for the submission of specific complaints regarding SE issues about religious and independent schools.
Previous Updates
September 2022 Update:
The proposed addition of Part 130 of the Regulations of the Commissioner of Education Relating to Substantially Equivalent Instruction for Nonpublic School Students was adopted at the September 2022 Board of Regents Meeting. These amendments go into effect September 28, 2022. Guidance will be published in the near future.
June 2022 Update:
The New York State Education Department proposed regulations regarding the statutory requirement for substantial equivalency of instruction for students attending nonpublic schools to ensure that all students receive the education to which they are entitled under the law. The Board of Regents discussed the proposed regulations at its March 2022 meeting. The presentation from the Board discussion is available here.
The proposed rulemaking was published in the State Register on March 30, 2022, and the public comment period ran through May 31, 2022. It is expected the final regulation will come before the Board of Regents for its consideration in fall 2022.
May 2021 Update: