Barry Black and Sarah E. Child Is 'Substantial Equivalency' the Next Religious Freedom Fight?
As the New York State Education Department moves to finalize regulations relating to the substantial equivalence of instruction in nonpublic schools, First Amendment challenges appear likely to follow.
March 11, 2021 at 12:45 PM
9 minute read
The New York State Education Law generally requires that children ages six to 16 attend "full time instruction" and sets forth minimum standards for the quality of instruction in public schools. See N.Y. Educ. L. §§3204, 3205(1), (3). Public schools must teach particular subjects at various grade levels, including English language, reading, writing, mathematics, geography, U.S. history, science, music, visual arts, and physical education. See N.Y. Educ. L. §3204(3)(a); 8 N.Y.C.R.R. §§100.2-100.5, 135.4. The state also requires instruction in specialized topics including mental health, alcohol and drug abuse, patriotism, citizenship, and human rights, among others. See N.Y. Educ. L. §§801, 801-a, 803, 804, 806, 808, 809, 810; 8 N.Y.C.R.R. §§100.2(c), 135.3.
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