Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: Parents for Educational & Religious Liberty in Schools v. Young (2025)

Introduction

The New York Court of Appeals’ decision in Matter of Parents for Educational & Religious Liberty in Schools (PERLS) v. Young, 2025 NY Slip Op 03689, addresses one of the thorniest questions in New York educational law: Who has the final say over whether a non-public (often religious) school provides instruction “substantially equivalent” to that offered in public schools, and what legal consequences follow if it does not?

Petitioners—a coalition of Orthodox Jewish schools, umbrella organizations, and parents—challenged new regulations (8 NYCRR 130.6(c)(2)(i) and 130.8(d)(7)(i)) issued by the Commissioner of Education. Those sections declare that, once a final adverse determination is made, a non-public school “shall no longer be deemed a school which provides compulsory education fulfilling the requirements of Article 65 of the Education Law.” Petitioners claimed the Commissioner exceeded statutory authority, effectively forcing parents to withdraw their children and precipitating school closure.

The Court of Appeals (Rivera, J.) upheld the regulations, holding that they fall squarely within the Commissioner’s express and implied powers under the Education Law, especially after the 2018 “Felder Amendment” that vested the Commissioner with final decision-making authority for certain bilingual, extended-hour religious schools. The Court rejected arguments that the rules compel unenrollment or closure, clarifying that they merely label non-compliant schools, leaving parents to decide how to meet the law.

Summary of the Judgment

• Holding: 8 NYCRR 130.6(c)(2)(i) and 130.8(d)(7)(i) are valid exercises of the Commissioner’s rule-making authority; the Appellate Division’s order upholding them is affirmed.
• Scope of Review: Limited to a facial challenge to those two provisions, because the petitioners did not seek review of Part 130 as a whole and subsequent statutory amendments did not reach the “consequences” portion of the regulations.
• Key Points:
  • The Education Law (§ 3204 [2][v]) expressly authorizes the Commissioner to determine substantial equivalency for certain non-public schools.
  • When the Commissioner (or an LSA) finds non-equivalence, declaring that a school fails to satisfy Article 65 simply tracks the statutory command.
  • The regulations do not order parents to disenroll students nor empower the Education Department to shutter schools.
  • Petitioners’ remaining complaints about pathways and phase-in periods were rendered moot by the 2025 amendments to § 3204 and were not before the Court.

Analysis

1. Precedents Cited and Their Influence

1. Campaign for Fiscal Equity v. State of New York, 86 NY2d 307 (1995) — Reiterated the State’s constitutional duty to ensure a “sound basic education.” Used here to frame the imperative behind substantial equivalency.
2. Levittown Union Free School District v. Nyquist, 57 NY2d 27 (1982) — Further grounded the constitutional underpinnings for educational adequacy, reinforcing that the Legislature’s scheme must guarantee meaningful instruction.
3. Matter of Acevedo v. DMV, 29 NY3d 202 (2017) & Matter of City of New York v. State Comm’n on Cable Television, 47 NY2d 89 (1979) — Both establish that agencies possess powers “expressly conferred” plus those “required by necessary implication.” The Court directly invoked this formulation to uphold the Commissioner’s implicit authority to declare non-compliance.
4. General Electric Capital Corp. v. NYS Division of Tax Appeals, 2 NY3d 249 (2004) — Supplies the deferential standard: a regulation valid unless it conflicts with statute or is irrational.
5. Hearst Corp. v. Clyne, 50 NY2d 707 (1980); Saratoga County Chamber of Commerce v. Pataki, 100 NY2d 801 (2003); and Matter of Ford v. Racing & Wagering Bd., 24 NY3d 488 (2014) — Governing principles of mootness and justiciability, delimiting what issues survived the 2025 statutory amendment.

2. The Court’s Legal Reasoning

The Court employed a straightforward two-step analysis:

1. Statutory Authority: The Felder Amendment (§ 3204 [2][v]) specifically places final substantial-equivalency determinations for certain schools with the Commissioner. It would be illogical, the Court said, if the Commissioner could determine non-equivalence yet could not pronounce the legal consequence that flows directly from that finding—i.e., that the school fails to meet Article 65’s compulsory education requirement. Thus, the authority is not only express but also “required by necessary implication.”
2. Consistency & Rationality: The challenged provisions do not contradict the Education Law; they mirror it. Nor are they arbitrary—labeling a school “non-equivalent” is a logical enforcement step. Petitioners’ fears of forced closure were deemed speculative; the regulations impose no such directive.

3. Potential Impact

• Regulatory Clarity: Confirms that the Education Department’s Part 130 enforcement scheme survives facial attack, giving LSAs and schools a clear roadmap.
• Parental Decision-Making: Parents retain autonomy but now face sharper legal risk if they leave a child in a school officially deemed non-equivalent— a factor likely to drive compliance or migration to compliant programs.
• Litigation Landscape: Future challenges will have to be “as-applied” (e.g., due-process or free-exercise claims) rather than facial attacks on the Commissioner’s power to declare non-equivalence.
• Broader Governance Signal: Reinforces a deferential standard toward administrative agencies when implementing statutory schemes in education, especially where the Legislature has recently amended the same statute.

Complex Concepts Simplified

• Substantial Equivalency: A statutory yardstick ensuring private or religious schools cover roughly the same academic ground as public schools, without prescribing identical pedagogy or religious content.
• Local School Authority (LSA): Typically a public-school district or board tasked with oversight when a student resides in its geographic area.
• Felder Amendment: 2018 legislative tweak requiring that, for certain religious schools offering extended hours and bilingual education, the state (Commissioner) makes the final call instead of the local district.
• Facial vs. As-Applied Challenge: A facial attack says a law or regulation is invalid in all circumstances; an as-applied challenge argues it is unconstitutional in specific factual settings.
• Mootness Doctrine: Courts decide only live controversies; a new statute or event can render earlier disputes academic, unless an exception applies.

Conclusion

Parents for Educational & Religious Liberty in Schools v. Young cements the Commissioner of Education’s authority to make and enforce determinations of substantial equivalency for New York’s non-public schools. By validating the challenged regulations, the Court underscores the Legislature’s ongoing commitment to a minimum common educational floor while respecting religious and parental freedom to go beyond that baseline. Going forward, non-public schools that lag behind academic norms cannot claim regulatory overreach when the Commissioner simply applies the statutory consequence of non-equivalence. The decision thus fortifies administrative capacity to safeguard a “sound basic education” for all New York children, while leaving room for future, more targeted constitutional challenges where concrete facts warrant.