Section 126.4(a) of the Commissioner's Regulations states, "Schools shall conduct only those curricula or courses which have been approved by the commissioner, and shall conduct such curricula and courses in accordance with Section 5002(4) and (5) of the Education Law and this Part."

The following factors are evaluated by the Bureau, in particular the field staff, in determining if a curriculum is being conducted as approved. The list is not intended to be all-inclusive but to serve as a guide. The licensed director is responsible to ensure that these factors are present.

• Satisfaction of student entrance requirements
• Establishment of and adherence to attendance procedures and records
• Integrity and maintenance of records and grades
• Evaluation of satisfactory academic progress
• Adequate, up-to-date, and sufficient supply of the approved books, equipment, and supplies
• Overall evaluation of the classroom environment and facilities
• Student capacities set by approved student/teacher ratio, quarters, and certificate of occupancy
• Conduct of teachers and adequate control of the classroom
• Educational integrity and separation of class sessions
• Student progress being measured by sufficient academic standards in a manner consistent with approved curriculum
• Student order and enforcement of rules for an adequate educational setting
• Teacher in possession of the approved curriculum
• The existence and maintenance of adequate lesson plans which adhere to the approved curriculum
• Student attention and interaction
• Adequate teacher assistant and student remediation
• Availability of resource materials

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http://www.highered.nysed.gov/bpss/pg150301.htm
Last updated: July 17, 2006