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:
Determining Substantial Equivalence of Instruction for Nonpublic School Students in New York State: A Summary of Stakeholder Feedback