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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: 

1)    Registered high schools and their affiliated lower grade programs;
2)    State-approved private special education schools, state-operated, or state-supported schools;
3)    Accreditation by an approved accreditor;
4)    Schools with International Baccalaureate programs; For more information on a school’s approved participation in an IB program, please consult the . Note that online only religious and independent school programs do not qualify under this pathway. 
5)    Federally approved schools; There is currently one federally approved school:  located at 705 Barry Road, West Point, NY 10996. 
6)    Regular use of approved assessments demonstrating academic progress;
7)    Traditional approach of Local school authority (LSA) reviews with either LSA or Commissioner’s determination.

By December 1, 2023 (and each December 1 thereafter):  The Local School Authority (LSA) must inform the Department, via the NYSED Business Portal or another electronic portal as determined by the Department, of the pathway each nonpublic school in its boundaries has selected to use to demonstrate the substantial equivalence of its instruction.  The LSA must identify nonpublic schools that will go through a local review and meet the criteria for a Commissioner’s determination.  The LSA will also identify nonpublic schools that will go through a local review and for which the LSA is responsible for making the final substantial equivalency determination.

NYSED is extending this deadline from December 1, 2023 to January 15, 2024 for this academic year only. Future deadlines to do this work will remain December 1.