Agudath Israel of America was disappointed to receive what we trust will be a temporary legal setback for yeshivas and nonpublic schools. The majority of a split Appellate Division court in New York overturned a lower court decision and upheld the 2022 substantial equivalency regulations.  

After quickly dismissing the state’s claim that yeshivas have no standing to sue, the Appellate Division ruled that the Supreme Court should not have invalidated key aspects of the regulations. The majority’s opinion also contained language calling the state’s authority to declare a school nonequivalent “advisory,” which requires further analysis. 

The strongly worded dissent held that the regulations exceeded their authorization. It said: “Indeed, to read the Education Law as restricting that parental discretion may well raise constitutional concerns given the liberty of parents and guardians to direct the upbringing and education of children under their control…”  

Agudath Israel of America, PEARLS, Torah Umesorah and the Jewish and nonpublic school community intend to appeal and continue to fight for the rights of parents. We firmly believe that the Court of Appeals – which sits atop the Appellate Division court that issued this perplexing decision – will better appreciate those rights.