Private School Regulation
New York
New York has operated without mandatory registration for
private schools since its state statute was struck down in 1948. Packer
Collegiate Institute v. University of New York, 81 N.E.2d 80 (1948).
Registration/Licensing/Accreditation: A New York registration statute
that conferred comprehensive power on the Board of Regents to regulate
the registration of nonpublic schools was held invalid under the state
constitution in 1948.Packer Collegiate Institute v. University of New
York, 81 N.E.2d 80 (1948).
Nonpublic high schools must be registered with the Board of Regents in
order to issue a high school diploma. N.Y. Educ. Law § 210; 8 N.Y.
Comp. Codes R. & Regs. tit. § 100.2(p).
Nonpublic nursery schools and kindergartens may voluntarily register with
the State Education Department. 8 N.Y. Comp. Codes R. & Regs. tit.
Part 125.
Minors may comply with the state's compulsory education requirement at
public schools or elsewhere. N.Y. Educ. Law § 3204.1.
Recordkeeping/Reports: The Commissioner of Education is under a
statutory duty to establish procedures for a statewide system of assigning
unique student identification numbers for all students in public and nonpublic
schools for student tracking and state reporting purposes. N.Y. Educ. Law § 305.22.
Teachers are required to keep an accurate record of attendance as prescribed
by the Commissioner of Education. Principals must ensure attendance records
are maintained and produced if requested by school authorities. The principal
must notify school authorities in writing of any student transfers or discharges.
N.Y. Educ. Law § 3211.
Boards of Cooperative Educational Services are authorized to enter into
contracts with nonpublic schools to provide data processing service for
pupil personnel records and other administrative records of the nonpublic
schools. N.Y. Educ. Law § 1950.4.h.4.
Nonpublic schools that are members of the University of the State of New
York must complete verified reports as prescribed by the Regents or the
Commissioner of Education. N.Y. Educ. Law § 215. In addition, these
schools must provide information to the Regents for their annual report
to the Governor and the Legislature concerning the schools of the state.
N.Y. Educ. Law § 215-a.
Pupil records must be maintained by nonpublic schools in accordance with
8 N.Y. Comp. Codes R. & Regs. tit. Part 104. Nonpublic schools that
discontinue operation must make provision for pupil academic records in
accordance with 8 N.Y. Comp. Codes R. & Regs. tit. § 104.2.
Length of School Year/Day: Unless shorter instruction has been
approved by school authorities as substantially equivalent in amount and
quality, students attending nonpublic schools must attend for at least
as many hours as required in public schools. In addition, permitted absences
must follow the general rules and practices of the public schools. Absence
for religious observances and education are permitted under rules established
by the Commissioner. Holidays and vacations must not exceed the amount
allowed by public schools. N.Y. Educ. Law § 3210.2.
A full time day school must be in session for not less than 190 days each
year, inclusive of legal holidays during the term and exclusive of Saturdays.
N.Y. Educ. Law. § 3204.4. Accounting for the 10 state public holidays,
schools must be session 180 days.
Instruction in English: English is the language of instruction
and textbooks used must be written in English, except for a limited time
(3 - 6 years), for students with limited English proficiency. N.Y. Educ.
Law § 3204.2.
Teacher Certification: Instruction may only be given by a competent
teacher. N.Y. Educ. Law § 3204.2.
All professional instructional and supervisory personnel at private schools
providing public placements for disabled children must be appropriately
certified. N.Y. Comp. Codes R. & Regs. tit. 8, § 200.7(b)(6).
Effective October 1994, coaches of high school extra-class nonpublic school
athletic activities must meet training requirements in first aid and adult
cardiopulmonary resuscitation. Persons already employed as coaches have
an additional 12 months to obtain the necessary training. N.Y. Educ. Law § 3001-c.
Curriculum: Instruction given to a minor elsewhere than a public
school must be substantially equivalent to the instruction given at the
local public school. N.Y. Educ. § 3204.2. (The course of study for
the first eight years of public school must include arithmetic, reading,
spelling, writing, the English language, geography, United States history,
civics, hygiene, physical training, the history of New York state and science.
Beyond the first eight years, instruction must include the English language
and its use, civics, hygiene, physical training, American history including
the Declaration of Independence and the Constitution of the United States,
and may include a course in communism and its methods and its destructive
effects. N.Y. Educ. § 3204.3.)
As part of health education, all schools must provide instruction to discourage
the misuse and abuse of alcohol, tobacco, and other drugs and promote attitudes
and behavior that enhance health, well being and human dignity. N.Y. Educ.
Law § 804.
Students may be excused from health and hygiene if it conflicts with their
parent/guardian's religion and is certified by a representative of their
religion. N.Y. Educ. § 3204.5.
Private schools offering instruction deemed substantially equivalent to
public schools must offer courses of instruction in patriotism, citizenship,
and human rights issues (with particular attention to the study of the
inhumanity of genocide, slavery, and the Holocaust) for students over 8
yrs. old, and instruction in the Constitution of the United States and
New York and the Declaration of Independence for students in grade 8-12.
N.Y. Educ. Law § 801.1, 2.
Private schools offering instruction deemed substantially equivalent to
public schools must offer instruction in physical education for students
over 8 years old. N.Y. Educ. Law § 803.4
Similar [physical education] courses shall be prescribed and maintained
in private schools in the State, and all pupils in grades kindergarten
through 12 shall attend such courses. 8 N.Y. Comp. R & Regs. Tit. Part
135.4
Private and parochial schools must provide instruction in fire and arson
prevention as prescribed by the Commissioner of Education. Instruction
must be given at least 45 minutes every month while school is in session.
N.Y. Educ. Law § 808.
Private schools offering instruction deemed substantially equivalent to
public schools must offer instruction in highway safety and traffic regulations,
including bicycle safety. N.Y. Educ. Law § 806.1.
Discrimination: No person may be denied admission into any course
of instruction offered in the state public and high school systems based
on sex. Neither may students be disqualified from state public and high
school athletic teams based on sex, except as provided by state regulations.
N.Y. Educ. Law § 3201-a.
No student may be denied participation in any program or activity included
in a school program on the basis of race, sex, marital status, color, religion,
national origin or disability. Special provisions are made applicable to
disabled students and male/female participation in extraclass athletic
activities. Nonpublic schools may limit admission to students of a single
sex and/or a single religion or denomination, and a religious nonpublic
school may separate students based on sex as required by their religious
tenets. N.Y. Comp. Codes R. & Regs. tit. 8, § 100.2(k).
New York's Human Rights Law prohibits employment discrimination based
on age, race, creed color, national origin, sex and disability in nonpublic
schools. Nonsectarian education corporations that are exempt from taxation
are prohibited from denying the use of their facilities to any person based
on race, color, religion, disability, national origin, age or marital status.
Religious or denominational institutions, or organizations operated for
education purposes that are operated by religious organizations, are not
barred from limiting employment, sales or rental of housing accommodations,
admission, or giving preference to persons of the same religion or denomination,
or from taking action to promote the religious principles for which the
institution was established. N.Y. Executive Law § 296.1, 4, 11.
Special Education: Upon written request by the parent/guardian,
nonpublic schools students may receive services for gifted pupils, occupational
and vocational education, and education for students with disabling conditions
and related services provided the instruction is given to public school
students. Transportation is provided if the distance between the nonpublic
school and the public school exceeds 1/4 mile except disabled students
receive transportation according to their needs. N.Y. Educ. Law § 3602-c.
School district's may provide students with disabilities special services
or programs through contracts with private residential and nonresidential
schools approved by the Commissioner. N.Y. Educ. Law § 4401.2 (e),
(f), (g). 8 N.Y. Comp. Codes R. & 200.6.
All professional instructional and supervisory personnel at private schools
providing public placements for disabled children must be appropriately
certified. N.Y. Comp. Codes R. & Regs. tit. 8, § 200.7(b)(6).
School boards must provide suitable transportation up to a distance of
fifty miles to and from a nonpublic school which a disabled child attends
to receive special education services. N.Y. Educ. Law § 4402.4.d.
The State Department of Education has a duty to audit nonpublic schools
receiving public moneys for services to children with disabilities. N.Y
Educ. Law § 4403.5.
Health: Local school districts must provide
all health and welfare services and facilities that are available to public
school students to students attending schools other than public, when requested.
Services may include, but are not limited to services performed by a physician,
dentist, dental hygienist, nurse, school psychologist, social worker, speech
correctionist and maintenance of health records and emergency care programs
for ill or injured pupils. N.Y. Educ. Law § 912.
Students attending private schools must have certificates of immunization
unless a physician certifies than the immunization is detrimental or if
immunization is contrary to the genuine and sincere religious beliefs of
the parent/guardians. School principals may not admit students in excess
of 14 days who do not have a certificate. (The period may be extended to
30 days if the immunization is in progress.) School principals have a duty
to inform parent/guardians of the necessity of immunization and the availability
of free immunizations through the local health officer. If students are
excluded from school for lack of immunization, principals have a duty to
notify the local health authority and the parent/guardians and to provide
an opportunity for immunization through the local health authority if the
parent consents. N.Y. Pub. Health § 2164.
Nonpublic schools operating substance abuse programs must have the approval
of the Commissioner of Mental Health. Approval is valid for three years
and is contingent on compliance with the regulations promulgated by the
Commissioner. N.Y. Mental Hyg. Law § 23.01.
Smoking is prohibited in all private schools and on school grounds, with
the exception that smoking by adult faculty and staff members may be permitted
in designated smoking areas during nonschool hours. (School hours include
any student activity supervised by faculty or staff, or any officially
sanctioned school event.) N.Y. Pub. Health Law § 1399-o.
Private school authorities may cause students to be examined for drug
abuse, including urine analysis, upon written consent of the parents. N.Y.
Educ. Law § 912-a.
Safety: Private school administrators have a duty to train pupils
to exit the building in a sudden emergency. Fire drills must be conducted
at least 12 times each school year; 8 of the drills must be held between
September 1 and December 1; 1/3 of the drills should use fire escapes on
buildings if provided; and at least 1 drill should instruct students how
to leave the building during lunch period. An administrator failing to
comply with this provision is guilty of a misdemeanor. N.Y. Educ. § 807.
Administrators of private schools, i.e. kindergarten with 6 or
more pupils and establishments other than public schools with 25 or more
pupils, must have the school buildings inspected annually for fire hazards.
Inspections must be conducted prior to December 1st and a report filed
with the State Fire Administrator on forms provided by the Commissioner
of Education. The provision is inapplicable to school authorities in New
York City, Buffalo, Rochester, Syracuse and Yonkers. N.Y. Educ. Law § 807-a.
Private schools located in areas with local fire departments unequipped
with electronically operated fire alarm reporting systems may cause the
internal school fire alarms to be interconnected with the local fire department.
Installation and maintenance costs must be apportioned to the school authorities.
N.Y. Educ. Law § 807-c. Private schools having a central annunciator
panel identifying activated alarms must locate the panel so it can be read
without entering the building. N.Y. Educ. Law § 807-d.
The Division of Criminal Justice Services disseminates a missing children's
bulletin to the State Education Department for public and private school
use. The division will assist private schools in developing education and
prevention programs concerning child safety. N.Y. Exec. Law § 837-f.
New York restricts retail liquor licenses for on-premises consumption
within 200 feet of a building used exclusively as a school. N.Y. Alco.
Bev. Cont. Law § 64.7.
Administrators of private schools must arrange that every participant
in shop or laboratory classes involving dangerous activities, as specified,
wear eye safety devices in accordance with state regulations. N.Y. Educ.
Law § 409-a.
Nonpublic school administrators must require that batboys and batgirls
participating in baseball and softball competitions wear protective headgear
when on the field and the game is in play. N.Y. Educ. Law § 409-c.
Transportation: The New York Constitution allows the state legislature
to provide transportation for students to and from private schools. New
York Const. Art. XI, Sec. 3.
Non-city school districts are required to provide transportation up to
15 miles, is provided for all children residing within the school district
who are in need i.e. K-8 students residing more than 2 miles from
school and 9-12 students residing more than 3 miles from school. City school
districts are not generally required to provide transportation; but if
provided, transportation must be offered equally to all children in like
circumstances. Transportation from centralized pick-up points at public
schools may be provided to pupils attending nonpublic schools under certain
circumstances. Superintendents of cities in excess of one million, must
notify nonpublic school officials who have requested transportation of
the school calendar for the following year by June 1st. N.Y. Educ. § 3635.1.a-c;
2-a.
The Commissioner of Transportation has authority to regulate all motor
vehicles transporting passengers to and from schools, for hire or owned
and/or operated by any private school. N.Y. Transp. Law § 140.2.a.(i).
Nonpublic school vehicle operators may apply for reimbursement of motor
vehicle tax expended exclusively in educational related activities. N.Y.
Tax Law § 289-c.3.e.
Home Schooling: Parents must provide an annual written notice to
the superintendent of schools of their school district of residence by
July first of each school year of their intention to educate their child
at home. Parents who begin home instruction after the start of the school
year must provide written notice within 14 days. Parents must submit a
form provided by the local superintendent that provides an individualized
home instruction plan for each student being home schooled. The individualized
home instruction plan must include the child. s name, age, and grade level;
a list of the syllabi, curriculum materials, textbooks, or plan of instruction
to be used in each of the required subjects; the dates for submission to
the school district of the parents. quarterly reports; and the names of
the individuals providing the instruction. Required courses, timing for
submitting the individualized instruction plan, receiving approval of the
plan or appealing disapproval, assessment requirements, and other reporting
requirements, are contained in the Regulations of the New York State Commissioner
of Education, § 100.10.
Public Aid for Private Schools/Private School Students: The New
York Constitution prohibits appropriations by the state or any subdivision,
directly or indirectly, to a sectarian school except for examination or
inspection. New York Const. Art. XI, Sec. 3.
The State Commissioner of Education annually apportions to qualifying
schools (nonprofit nonpublic schools providing instruction in accordance
with N.Y. Educ. Law § 3204) the actual cost incurred by each school
for compliance with state requirements of the pupil evaluation program,
basic educational data system, regents examinations, the statewide evaluation
plan, uniform procedure for pupil attendance reporting and other similar
state prepared examinations and reporting procedures. 1974 N.Y. Laws, chapter
507, as amended by chapter 508. Appropriations have been made annually
since 1974, most recently in 1994 N.Y. Laws, chapter 53, § 1.
Local school districts have the power and the duty to loan free of charge
textbooks to children enrolled in nonpublic schools upon request. Textbooks
must be designated for use by public schools or approved by school authorities.
School districts must loan textbooks to public and nonpublic schools on
an equitable basis. N.Y. Educ. Law ? 701.3,4. The loan of free textbooks
to parochial schools does not violate the N.Y. Constitution. Bd. of
Education v. Allen, 228 N.E.2d 791 (1967).
School districts have the power and duty to loan school library materials
to pupils attending private schools. The materials must be designated for
use in any public elementary or secondary school of the state or approved
by the board of education, trustees or other school authorities. N.Y. Educ.
Law § 712.
See Health for health care services.
The Commissioner of Education is under a statutory duty to give timely
notice to nonpublic schools of alternate sources of funding including competitive
grants. N.Y. Educ. Law § 305.2.
Nonpublic schools may make purchases, except of printed material, through
the State Division of Standards and Purchase, Office of General Services.
Boards of education may permit nonpublic schools to make purchases through
the local school district provided administrative costs are paid by the
nonpublic schools. N.Y. Gen. Mun. Law. § 109-a.
Upon request, local school districts will loan computer software to private
school students free of charge. Software programs must be designated for
use in any public school or approved by school authorities. N.Y. Educ.
Law § 752.
Private schools are eligible to apply to the Office of Mental Health for
education grants for the identification and treatment of adolescents who
are at high risk for suicide. N.Y. Mental Hyg. Law § 41.49.
Real property owned by nonprofit corporations or associations conducted
exclusively for religious or educational purposes is exempt from real property
tax. N.Y. Real Prop. Tax § 420-a.
Sales by or to nonprofit corporations or associations, organized exclusively
for religious or educational purposes, are exempt from state sales and
compensating use tax. N.Y. Tax § 1116(a).
The Commissioner of Education may approve school district and boards of
cooperative educational services applications for funding of approved learning
technology programs, including services benefiting nonpublic school students. § 550
of Chapter 170 of the Laws of 1994.
Miscellaneous: The Department of Education has established a Teacher
Career Recruitment Clearinghouse which provides nonpublic schools an applicant
data base, employment opportunities, and information regarding financial
assistance for students interested in careers in education, certification
and licensure requirements. N.Y. Educ. Law § 3034.
The New York State Theatre Institute offers guidance and consultation
on arts and education programs in private elementary and secondary schools.
N.Y. Arts & Cult. Aff. Law § 9.07.
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