A New York Supreme Court granted a decisive victory today to schools that had been deemed “nonequivalent.” This development in the decade-long substantial equivalency saga — predicated on legislation advocated for by Agudath Israel and others — allows parents in these schools to exhale once more, and can have broader positive implications for yeshivas long-term.

In May 2025, all parents of six schools received a foreboding letter from New York City stating that their child’s school:

“shall no longer be deemed a school which provides compulsory education… effective June 30th, 2025, all services at the school for your child will be discontinued, including special education and related services. Given that your child will no longer be able to attend this school, a decision must be made about what school your child will attend for the 2025-2026 school year and you must notify the New York City Department of Education of where your child will be enrolled by July 1st 2025.” [emphasis added]

The letter continues by describing how parents will proceed if their child attends public school in 2025-2026.

This legislative session, new language, fundamentally redefining how nonpublic schools can satisfy “substantial equivalency,” became law.

SED had argued that all schools can opt in to the new legislation, except for schools that had already been deemed nonequivalent prior to the legislation’s enactment. The court refuted SED’s claim, calling it “arbitrary, capricious, and contrary to law.” The court further rejected SED’s argument that the schools cannot avail themselves of the new legislation because, by being non-equivalent, they are “non-schools,” and thus are ineligible to make a selection.

This case may have long-term implications if, in the future, any school is declared non-equivalent. Based on this ruling, a school can still choose to avail itself of a pathway. The “non-school” argument was soundly defeated.

The Agudah congratulated Steven Barshov, Esq., of Barshov Law PLLC, who represented the yeshivas and parents in this case.