State Deciding How Children Are Educated!? PERLS v. Young

Описание: In this video, we discuss the case of Matter of Parents for Educational & Religious Liberty in Schools v. Young, which addresses whether the Commissioner of Education is allowed to determine that non-public schools that fail to provide substantially equivalent educations to public schools are no longer “schools”. A must watch for all education administrators, teachers, students, parents of students, homeschoolers, parochial school users, religious educators, law students, legislators, court watchers, and all who are interested in real education law cases.

Case Name: Matter of Parents for Educational & Religious Liberty in Schools v. Young
Citation: 2025 NY Slip Op 03689 (https://law.justia.com/cases/new-york...)
Publication Date: 06/18/25
Oral Argument Link:    • No. 56 Matter of Parents for Educational a...  
Issue: Is the Commissioner of Education allowed to determine that non-public schools that fail to provide substantially equivalent educations to public schools are no longer “schools?”

Key Parts of the Decision:

Overall Issue: Is the Commissioner of Education allowed to determine that non-public schools that fail to provide substantially equivalent educations to public schools are no longer “schools”!

Overall Holding: "We conclude that the Commissioner lawfully promulgated the regulatory sections at issue here. Therefore, we affirm the Appellate Division order.”

“The Education Law expressly authorizes the Commissioner to issue final substantial equivalency determinations for nonpublic schools governed by the Felder Amendment, and section 3204 (2) (v) provides that "[t]he commissioner shall be the entity that determines whether nonpublic elementary and secondary schools are in compliance with the academic requirements set forth in paragraphs (ii) and (iii) of this subdivision" (Education Law § 3204 [2] [v]). Paragraphs (ii) and (iii), respectively, set forth non-exhaustive lists of factors to be considered in determining substantial equivalence, including, for example, whether "the curriculum provides academically rigorous instruction" (id. § 3204 [2] [ii]). The regulatory provisions at issue here state that, in the event of a negative substantial equivalency determination, "the nonpublic school shall no longer be deemed a school which provides compulsory education fulfilling the requirements of Article 65 of the Education Law" (8 NYCRR 130.6 [c] [2] [i]; 130.8 [d] [7] [i]). A determination that a nonpublic school has failed to meet the substantial equivalence requirement leads naturally to this acknowledgement—that the nonpublic school fails to comply with the Education Law's substantial equivalency mandate and thus is not a school that fulfills the statutory requirement for compulsory education. Far from exceeding the Commissioner's statutory authority, the regulations simply establish a mechanism by which the statutory mandate is enforced. In this regard, instead of being contrary to the statute's purpose, the challenged regulations are a natural consequence flowing from the statutory language itself.”

“Contrary to petitioners' claims, nothing in these provisions requires that parents "unenroll" their children from a nonpublic school deemed not to provide substantially equivalent instruction. Nor do the regulations authorize school closures. The provisions merely state that the nonpublic school does not provide substantially equivalent instruction—a determination well within the authority provided to the Commissioner by the statute. The parent or custodian must determine how then to ensure their compliance with the Education Law.”

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