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Section 100.2(p) of Commissioner’s Regulations states that, “Only those public and nonpublic schools, which are registered by the Board of Regents upon recommendation of the Commissioner, may issue diplomas and administer Regents examinations, except that charter schools may issue diplomas and administer Regents examinations as authorized by Article 56 of the Education Law.”
The regulations further specify that a school district that seeks to register a new public elementary, intermediate, middle, junior high school or high school shall submit a petition for registration to the Board of Regents no later than June 15th for schools opening in September of the next successive school year or, for schools opening during the school year, at least 90 days prior to the opening of the school. The regulations also require the district to submit a copy of the Board of Education resolution to open the school and a certificate of occupancy.
The Commissioner will review the petition and the addendum before recommending its approval to the Board of Regents if it is satisfactorily demonstrated that the school will be operated in an educationally sound manner; is in compliance with applicable statues, rules and regulations relating to public schools; and will operate in accordance with applicable building codes and pursuant to a certificate of occupancy. Further, in districts with an approved plan for district reorganization, no new public school will be recommended for registration by the Commissioner if, in the Commissioner’s judgment, the establishment of the school would conflict with that plan, except where it can be established to the satisfaction of the Commissioner that the school is essential to student welfare.
The information acquired in the addendum will be used to determine the new public school’s accountability status under No Child Left Behind and the New York State’s System of Accountability for Student Success (SASS). A completed addendum for each new school must be submitted along with the petition for registration to the Office of Information and Reporting Services, State Education Department, Room 865, Albany, New York, 12234 by June 15. Action on petitions submitted by June 15 will be taken to the Board of Regents at its July meeting.
Questions about school registration can be addressed to Ira Schwartz, Coordinator for Accountability, Policy and Administration, at (718) 722-2796 or nclbnys@mail.nysed.gov.