Nonpublic Schools

Addendum -- Applicable Laws, Rules, and Regulations

State Education Law

224. "No diploma or degree shall be conferred in this state except by a regularly organized institution of learning meeting all requirements of law and of the university. . . ."

Rules of the Board of Regents

3.32 Requirements and privileges. "Secondary schools and academic departments of school districts in the State of New York may upon proper application and after official inspection be admitted to the University by a vote of the Regents. Such school shall afford not less than 175 days in each year of approved academic instruction, equipment and teaching force, and may hold Regents academic examinations in the subjects covered by their approved courses of study for the grades for which they are admitted."

3.33 Grades. "Secondary schools shall be graded as junior high schools, middle high schools, industrial high schools, technical high schools, continuation high schools, and high schools, and the requirements therefor shall be as follows:

"(a) A junior high school shall consist of the seventh, eighth and ninth grades, organized as a separate unit with the approved courses of study and approved apparatus and library.

"(b) A middle high school shall maintain an approved course of study covering one year of high school above the eighth grade. It shall have approved apparatus and library.

"(c) A high school (senior) shall maintain an approved four-year course of study above the eighth grade and shall have approved apparatus and library. Such term shall include the six-year high school, covering the work of grades 7 to 12.

"(d) Industrial high schools may offer one-, two-, three- or four-year industrial or trade courses open to pupils who have completed the work of the eighth grade of the elementary schools. Such schools shall be organized as a separate unit with distinctive, approved courses of study and with approved equipment and facilities for industrial and trade education.

"(e) Technical high schools may offer three- or four-year general or specialized technical courses of secondary school grade. Such schools shall be organized as a separate unit with distinctive, approved courses of study and approved equipment for technical work.

"(f) Continuation high schools may offer general or specialized courses open to pupils 16 and 17 years of age who are not regularly enrolled in the full-time schools. Such schools shall be organized as a separate unit with distinctive courses of study and equipment and facilities adequate for providing the proper instruction for working children."

3.45 Diplomas. "No high school diploma shall be conferred which does not represent four years or their equivalent in grades above grade eight, and no such diploma shall be conferred upon a pupil who has not achieved a passing rating in each of the basic competency tests established by the commissioner."

Part 100 of the Regulations of the Commissioner of Education

100.2(p) Registration of schools. "Nonpublic schools may be, and public elementary, intermediate, middle, junior high, and high schools shall be, registered by the Board of Regents pursuant to this subdivision upon recommendation by the commissioner. Only those public and nonpublic high schools which are registered by the Board of Regents upon recommendation of the commissioner, may issue diplomas and administer Regents examinations."

100.1 (a) "Unit of study means at least 180 minutes of instruction per week throughout the school year, or the equivalent."

100.1 (b) "Unit of credit is earned by:

"(1) the mastery of the learning outcomes set forth in a New York State-developed or locally developed syllabus for a given high school subject, after a student has had the opportunity to complete a unit of study in the given subject matter area; or

"(2) pursuant to 100.5 (d)(1) of this Part, a passing score of at least 85 percent or its equivalent on a department-approved examination in a given high school subject without the completion of a unit of study, and the successful completion of either an oral examination or a special project.

100.5(a)(1) - "requires all students interested in earning a Regents or local high school diploma to complete 18 1/2 units of credit or their equivalent. Such units of credit shall include:

  • 4 units of English

  • 4 units of social studies (as set forth in paragraph (6) of this subdivision)

  • 2 units of science (as set forth in paragraph (8) of this subdivision)

  • 2 units of mathematics (as set forth in paragraph (7) of this subdivision)

  • 1 unit of art and/or music

  • 1/2 unit of health education

  • 2 units of physical education

  • Regents Competency Tests (or other evidence of competency in basic skills)

CR 100.5(c) Sequence requirements


Local Diploma Sequence Requirements

In addition to the required credits, students pursuing a local diploma must complete sequence requirements in one of the following ways:

OPTION 1

Two 3-unit sequences from the following areas: mathematics, science, second language, occupational education, art or music,

OR

OPTION 2

A 5-unit sequence in mathematics, science, second language, occupational education, art or music,

OR

OPTION 3

One 5-unit sequence in either English or social studies and one 3-unit sequence in mathematics, science, second language, occupational education, art or music.

Regents Diploma Sequence Requirements

In addition to earning the required credits, students who pursue a Regents diploma must complete sequence requirements in one of the following ways:

OPTION 1

Two 3-unit sequences from the following areas, with all appropriate Regents examinations passed, in addition to the required three units of a second language: mathematics, science, second language, occupational education, art or music,

OR

OPTION 2

A 5-unit sequence in ONE of the following areas with all appropriate Regents examinations passed, in addition to the required three units of a second language: mathematics, science, second language, occupational education, art or music,

OR

OPTION 3

One 5-unit sequence in either English or social studies with all appropriate Regents examinations passed, in addition to the required three units of a second language,

AND

one 3-unit sequence in ONE of the following areas:
mathematics, science, second language, occupational education, art or music

100.5(d) Alternatives to specific Regents and local diploma requirements.

"(1) A student may earn a maximum of 6 1/2 units of credit for either a Regents or local diploma without completing units of study for such units of credit, if:

(i) based on the student's past academic performance, . . . the chief administrative officer of a nonpublic school, or his or her designee, determines that the student will benefit academically by exercising this alternative;

(ii) the student achieves a score of at least 85 percent, or its equivalent as determined by the commissioner, on a State-developed or State-approved examination;

(iii) the student passes an oral examination or successfully completes a special project to demonstrate proficiency, as determined by the principal, in the subject matter; and

(iv) the student attends school, or received substantially equivalent instruction elsewhere, in accordance with section 3204 (2) of the Education Law, until the age of 16, pursuant to sections 3204 and 3205 of the Education Law.

"(2) Art and/or music

(1) A student may obtain the unit of credit in art and/or music required pursuant to subparagraph (a) (2)(v) of this section in the following manner:

(a) by participating in a school's major performing organization, such as band, chorus, orchestra, dance group or theatre group; or

(b) by participating, only in exceptional situations, in an advanced out-of-school art or music activity. Credit for such participation shall be upon recommendation by the student's art or music teacher, shall be approved by the art or music department chairperson, if there is one, and by the school principal, and shall be consistent with the goals and objectives of the school's art and/or music program. . . ."

"(3) Occupationally related mathematics and science.

(i) Regents diploma. . . .

(ii) Local diploma. Students . . . may use one unit of credit earned in the occupationally related mathematics course or in the business mathematics course, and/or one unit of credit earned in the occupationally related science course towards meeting the mathematics and/or science requirements or sequence requirements in mathematics or science for a local diploma, provided that such courses shall be taught in accordance with the appropriate State-developed or State-approved syllabi."

100.5(e) Accelerated graduation. "Notwithstanding any other provisions of this section, students seeking to complete the diploma requirements prescribed by this section in less than four years shall be subject to the diploma requirements applicable to a student who first entered grade nine four years prior to the school year in which the diploma is to be awarded, providing that a student graduating at the end of the fall semester shall be subject to the graduation requirements in effect for the preceding year."

Last Updated: September 11, 2009