YWN readers know that there have been significant recent developments in the long-running battle to protect our yeshivos from the State Education Department. Last week, important and helpful legislation was enacted, and yesterday the State’s highest court, the Court of Appeals, heard argument in the challenge to SED’s onerous substantial equivalence regulations.

At the argument, SED conceded for the first time that parents can supplement any supposedly deficient instruction at their child’s yeshiva with a tutor, homeschooling or an extracurricular class. The state had insisted otherwise for three years, and had used that to try to force parents to enroll their children at other schools.

In fact, many parents have received letters to that effect in recent days.

Immediately after the argument, PEARLS wrote to the NYC Department of Education to tell it that it must stop sending those letters. Here is their email:

——– Original Message ——–
From: “Schick, Avi” <>
Date: Wed, May 14, 2025 8:25 PM -0400
To: Dan Weisberg <@schools.nyc.gov>, Liz Vladeck <@schools.nyc.gov>
CC: Yossi Grunwald <@pearlsny.org>, Robin Singer <@schools.nyc.gov>, Heshy Dembitzer <@aol.com>, Tuli Obstfeld <>, Mieasia Edwards <@schools.nyc.gov>.
Subject: Re: Bobover Yeshiva Bnei Zion Substantial Equivalency Timeline & Plan Deliverables

Dan & Liz

I am writing to alert you to recent developments relating to substantial equivalence of instruction.

First, earlier today the New York Court of Appeals heard oral argument in the challenge to portions of the Part 130 substantial equivalence regulations. During the argument, counsel for the State Education Department conceded, for the first time, that parents are permitted to supplement the instruction their children receive at a nonpublic school with instruction elsewhere (a tutor, extracurricular program or homeschooling).

In light of this reversal by SED there is no basis for the letters that DOE has been sending to parents whose children receive special education services at a school that SED deems non-equivalent.

In particular, there is no basis for the letters to inaccurately tell parents “Given that your child will no longer be able to attend (their school) a decision must be made about which school they will attend for the 2025-26 school year.” Given SED’s concession at the Court of Appeals today, children can absolutely continue to attend their nonpublic school.

Moreover, as you are surely aware, amendments were recently enacted to Education Law 3204. Despite those amendments, the DOE has been contacting schools that are in middle of the plan and timeline process to demand certain materials and follow up. We do not understand the purpose of those communications.

Please advise as soon as possible whether DOE takes the position that it must complete the process and make a final equivalency determination for these schools despite the recent amendments, including the phase in period. We would ask that the DOE pause its requests for materials and meetings until it can advise on the question above.

We are glad to get on a phone call to discuss.

Sincerely,

Avi

YWN is pleased to report that this morning the DOE agreed. It announced that it will take no further action until written guidance is received from the New York State Education Department.

YWN applauds the organizations and askanim that lead the legislative and legal battles, working together to protect our parents and mosdos hachinuch

(YWN World Headquarters – NYC)