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Since 1897, the compulsory attendance law in 91°µÍøÆƽâ°æ has required all children between the ages of six and sixteen to be provided with a program of instruction, either at a public school or elsewhere. While the compulsory attendance law protects a child's right to be educated, the State has long recognized the right of parents to choose an alternative to the public school. Churches, temples, mosques, and other groups of people are guaranteed the right to provide educational programs in accordance with their religious beliefs and educational philosophies. Over the years, nonpublic schools have been an integral part of the total educational system of the State.

The object of the compulsory attendance law is to see that children are not left in ignorance, that they receive from some source the instruction that will prepare them for their place in society. If a child attends a nonpublic school or is being educated at home, the board of education of the school district in which the child resides must be assured that the child is receiving instruction which is substantially equivalent to that provided in the public schools. Thus, the board's responsibility is to the children living in the district; it has no direct authority over a nonpublic school.

These guidelines advise that the best way to ensure that every child is adequately served is through open communications and good rapport between public and nonpublic school officials. They are based upon current practices in the field which have proven to be effective. The guidelines also inform parents and school officials of their responsibilities and contain advice to help them work together harmoniously in the best interests of all children.

Questions not covered in the following pages may be referred to the State Office of Religious and Independent Schools (SORIS), Room 1076 Education Building Annex, 89 Washington Ave., Albany, NY 12234; phone (518) 473-8202.

I.ÌýNew Schools

The formation of good relationships between nonpublic and public school administrators is a most important and helpful step for both parties. In determining equivalency and in providing requested services to pupils, a good working relationship should lead to fair and equitable treatment. Therefore, the administrator of a new nonpublic school should contact the superintendent of the district in which the nonpublic school is located in the earliest stages of planning. It would be appropriate at the outset for the administrator to describe the goals of the new school, its sponsorship, anticipated date of opening, and grade levels.

Nonpublic schools usually enroll children from a number of districts. It is strongly recommended that the superintendent of schools of the district in which the nonpublic school is located undertake the review to determine equivalency of instruction. Sending districts are encouraged to concur with the judgment of the superintendent and board of education of the district of location in the matter of equivalency.

Within the framework of the Education Law, the local board of education is responsible for assuring that each resident pupil is provided an adequate instructional program. The board usually asks its superintendent of schools to gather the information necessary for determining equivalency. Therefore, the superintendent, as agent for the board of education, deals with the new school. The review of the school's program need not be undertaken solely by the superintendent; the superintendent may wish to ask other educators from public and/or nonpublic schools to assist. It can be helpful to involve a school principal, curriculum director, guidance person, and/or teacher. In some cases, districts combine to form a team for the review; others engage an outside consultant. Superintendents are encouraged to seek the assistance of the District Superintendent in establishing a review team.

A.ÌýResponsibilities of Nonpublic School Administrators

All persons involved in planning and opening a new school should notify the Office of Nonpublic School Services office.

The State Education Department urges any person or group which plans to open a new school to notify the superintendent of schools of the public school district in which the school will be located as early as possible that a new school is being planned. Early notification will provide a basis for a good working relationship.

Prior to the opening of a new school, its administrator should invite the superintendent of schools of the district in which the new school is located to visit the facility. An additional visit is recommended once the school is in operation.

The administrator of the new school should also provide the superintendent of schools of the district in which the school is located with the following:

1. assurance that the building is a safe place for children. The best evidence of this comes from fire inspection reports or, in New York City, a certificate of occupancy issued by the Department of Buildings.
2. a list of names of pupils from the district who will be attending the nonpublic school and the names of other districts in which other pupils reside. These lists will provide data to the district so that it can arrange to provide the services to which those pupils are entitled.
3. a copy of the school calendar for the coming year.
4. a list of grade levels and the total enrollment at each grade level.
5. a list of courses and subjects which will be taught at each grade level in the school.

The new school should show that it plans to instruct pupils in required subjects (see question 24, page 11) and during time periods sufficient to achieve results comparable to those of the public school. Public schools, in order to qualify for maximum State aid, are in session for at least 180 days each school year. While this requirement is not binding on nonpublic schools, the length of the school year and school day in a nonpublic school should approximate that of the public school.

If the new school enrolls pupils from outside the district in which the school is located, the nonpublic school administrator should provide the superintendent of schools of each of the districts which have pupils enrolled in the school with the following:

1. written notification that the new school is opening;
2. a list of the names of pupils from the district who are enrolled in the school; and
3. a copy of the school calendar for the coming year.

Once the superintendent knows about the new school, its location, projected enrollment, and curriculum, there is some basic assurance that its pupils will be provided an opportunity to learn. While it is difficult to review a program before a school opens or even in the early stages of its operation, public school officials need assurance that pupils in a new school are receiving an adequate instructional program. The school will probably need some time to implement all aspects of its program. Such time for growth and development should be allowed and, as it takes place, public school officials should be made aware of the progress.

The essential element is that public school officials are assured that the children are provided with an appropriate and adequate educational program. Information in the next section will help the superintendent gain this assurance.

B. Responsibilities of Public School Superinte