TNYSAI 17 Elk Street (1st Floor), Albany, NY 12207 Phone: 518-694-5500 Fax: 518-694-5501 www.nysais.org TO: The Honorable Kathy Hochul, Governor The Honorable Members of the NYS —" FROM: Vince Watchorn, Executive Director RE: Substantial Equivalency of Independent Schools DATE: March 30, 2023 The New York State Association of Independent Schools represent 200 member schools who educate approximately 80,000 students in total. On their behalf, NYSAIS conveys our opposition, in the strongest possible terms, to any legislative effort that would supersede “substantial equivalency” regulations, 8 NYCRR Part 130, adopted by the NYS Board of Regents last September and largely upheld by the NYS Supreme Court last week NYSAIS applauds the Commissioner of Education and the Board of Regents for an inclusive, long- term process that actively engaged all stakeholders in the development and adoption of the regulation cited above. Commendably, it strikes a critical balance between the rights of parents to direct their children’s education and the rights of the state to impose minimum standards on schools. The regulation recognizes the rigorous accreditation process by which our schools are judged and for which they devote considerable financial and administrative resources. A rigorous accreditation process is the keystone of NYSAIS membership, the utmost element through which our members signify their excellence and a commendation of acceptability in their respective marketplaces. Qur independent schools take great pride in exceeding state academic standards that prepare our graduates to be loving, engaged citizens in their communities. Being accredited by NYSAIS is essential for our schools who must rely on the confidence and financial sacrifice of parents who entrust us with their children’s formal education. Any diminishment of the quality of the accreditation process in one educational sector equates to a diminishment in all accreditation processes, through comparative value of an ‘equivalent’ qualification ‘The Regents’ regulation thoughtfully addresses this by including multiple pathways for demonstrating compliance, of which accreditation is the most important. The overwhelming majority of religious and independent schools support the regulation for this reason. With the adoption of this regulation, the thousands of families who choose independent schools for their children's education now can have even greater confidence in their children’s school. We recognize, however, that a few nonpublic school leaders do not accept the regulation and are seeking to undermine its enforcement. We maintain that any legislative effort to accommodate the narrow interests of these few leaders represents an existential threat to independent schools, and is indeed a disservice to the majority of the families we serve. The Board of Regents has been entrusted to enforce the state’s educational laws for centuries. At a minimum, any consideration of statutory language concerning the “substantial equivalency" standards requires public debate, in the light of day, through the regular legislative committee and hearing process — not in last minute budget negotiations. ‘There is too much at stake for ALL of New York's children.