“Substantial equivalency” is not a new term for independent schools in New York State, but a new set of regulations mandating just that, proposed by the New York State Education Department, has garnered mixed responses from officials at local private schools.
The term refers to the state’s requirement that students in independent and religious schools receive an education that “at least” reflects what students in public schools are getting. Public school administrators are already responsible for ensuring the private schools in their borders are teaching the basics, according to the State Education Department, but newly proposed rules would expand on local public schools’ role in oversight and establish time schedules for reviews of the private schools.
That does not sit well with Andi
O’Hearn, the head of advancement and operations at the Ross School in East Hampton. She said Ross is already reviewed periodically, and has been given good marks, by the New York State Association of Independent Schools and the Middle States Association for International Accreditation.
“We undergo evaluations that are very arduous and thorough with a visiting team that makes sure we are educating kids to minimum standards, though we believe that we are going beyond the standards,” Ms. O’Hearn said. “They look very specifically at our curriculum, what we’re teaching, and how we measure student success.”
The Education Department said in a press release the new rules include a requirement that new private schools be reviewed by the state within three years of opening and that existing private schools be reviewed by June 30, 2023, “or as soon as practicable thereafter and regularly thereafter.” The proposed rules also would require public schools to annually file information about the private schools within their borders. Updates on how those private schools measure up in terms of substantial equivalency would be required starting in September of 2024.
If substantial equivalency is not met or if there are concerns about its status, the new rules say public schools and private schools in the same districts are to “work collaboratively” to achieve it. It is up to the commissioner of education to make final determinations based on the information provided by the public schools.
“Every child in New York State is entitled to a high-quality education,” Betty A. Rosa, the board of regents chancellor, said in a statement. “By proposing these regulations, we are moving through the public process to ensure that students attending nonpublic schools receive substantially equivalent instruction. We remain steadfast in our commitment that all New York’s children leave school with the knowledge they need to succeed in life.”
The State Education Department is taking public comments on the proposal through Sept. 2. They can be addressed to Christina Coughlin, N.Y. Education Department, SORIS, 89 Washington Avenue, Room 1075 EBA, Albany 12234. Comments may also be phoned in to 518-474-7206 or emailed to [email protected].
Ms. O’Hearn said the state review process would cost a lot of money, produce a lot more paperwork, and is unnecessary.
“I believe strongly that the accreditation process we go through ensures we are more than meeting minimum standards,” she said, “but I do have concern for schools that do not go through an accreditation process.”
The Ross School has sent an email to its parents, alumni, and other community members asking them to write to the state to lobby for New York State Association of Independent Schools-accredited private schools to be exempt from the regulations.
“The profound implications to our ability to develop curriculum and determine what is best for our students cannot be understated, as it would delegate the direct oversight of our school to the local public school superintendent and
local board of education,” the Ross School said in its email.
However, Marcelle Langendal, the faculty chair of the Hayground School, is not as worried. She said the state’s proposed rules would not impact Hayground’s curriculum or its way of grouping students by ability and age rather than traditional grade levels. She said Hayground has not sought review from organizations like those that have accredited the Ross School.
“We’re starting our 24th year,” Ms. Langendal said. “We’ve been working with the home district, which is Bridgehampton, and they’ve definitely always had oversight over us. I don’t see that this changes things a lot. We have a good, collegial relationship.”
She noted that the new rules do not restrict private schools from working within their unique frameworks. The State Education Department says the proposal “does not include reference to the state learning standards,” which is often what sets private and religious schools apart from public schools.
“It does provide for us to be able to cover things under different subject areas,” Ms. Langendal said. “You can deliver the content by incorporating it under more than one subject.”
She agreed with Ms. O’Hearn that further cementing substantial equivalency would create more paperwork for all parties.
“I was wondering what the reasons were for it,” Ms. Langendal said. “Is it because certain schools are testing lower in the standardized tests? I don’t really know what precipitated this. I guess their goal is to have everything more assessed in a quantitative way to their standards.”
In its email to stakeholders, the Ross School said the New York State Association of Independent Schools is seeking an injunction against the State Education Department over the substantial equivalency regulations.