New York State vs. Hasidic Schools: Placing the 'Substantially Equivalent' Curriculum Debate in Context. Issue Brief

In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also ensuring that schools meet certain standards. However in September 2022, the New York State Board of Regents amended the regulations governing the law's enforcement. The amendments follow a multiyear effort on the part of a small group of activists who voiced concerns over a particular group of religious schools in New York City and a few other counties in the state. These schools serve the "Haredi" Jewish community, also described as ultraorthodox. There are critical public-policy and legal issues within the debate over Haredi schools and the state's substantial-equivalence requirement, particularly how to weigh the right to religious freedom enshrined in the First Amendment to the Constitution of the United States. This issue brief will explore those issues and attempt to place them in the context of the communities that overwhelmingly choose these schools for their children.