N.Y. Comp. Codes R. & Regs. tit. 8 § 130.13

Current through Register Vol. 46, No. 36, September 4, 2024

Section 130.13 - Records Request and Review

(a) Records request.

(1) With respect to nonpublic schools where the LSA is responsible for making the final determination pursuant to section 130.2(a) of this Part, the Commissioner may request records and/or documentation the LSA used to make its final determination on substantial equivalency of instruction. The LSA shall provide such records and/or documentation to the Commissioner within 10 days of the request.

(2) With respect to any nonpublic school against which a penalty pursuant to § 130.14(c) of this Part is being considered, the Commissioner may request that the LSA provide records and/or documentation that a nonpublic school has intentionally prohibited an LSA from conducting a review, and records and/or documentation of the LSA's good faith efforts to review such nonpublic school, for purposes of making a substantial equivalency determination, or recommendation for schools subject to a final determination by the Commissioner, in accordance with the provisions of this Part. The LSA shall provide such records and/or documentation to the Commissioner within 10 days of the request.

(b) Review.

(1) If the Commissioner's review of such records and/or documentation gives rise to a substantial question as to whether the LSA's positive or negative substantial equivalency determination is or is not supported, or whether a penalty under § 130.14(c) of this Part is warranted, the Commissioner may initiate review of whether the procedures in this Part were followed, whether the criteria in section 130.9 of this Part have or have not been satisfied, or whether a penalty against such non-public school pursuant to section 130.14(c) of this Part is warranted.

(2) Such review shall be commenced by service of a notice of intent to review on the LSA and nonpublic school administrator, by certified mail, return receipt requested, advising them of the issues under consideration. The LSA and nonpublic school administrator may file a written response with the Commissioner, within 30 days of being served with such notice, with proof of service by regular mail on the other party.

(3) The Commissioner may, in his or her discretion, issue a stay of an LSA determination pending a final decision; permit or require the service and filing of affidavits, exhibits and other supporting papers consistent with section 276.5 of this Title; and/or take into consideration any official records or reports on file in the Department consistent with section 276.6 of this Title.

(4) The Commissioner shall render a written decision on the issues under review and follow the notification procedures set forth in section 130.8(c) or (d) of this Part, as applicable.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 130.13

Adopted New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/28/2022