Chaptzem Blog!      

The state Supreme Court has struck down the "substantial equivalency" guidelines for private schools that were released by the state Department of Education in November.

The Education Department did not follow correct procedure when enacting the guidelines, according to a decision dated Wednesday by state Supreme Court Justice Christina L. Ryba.

The state Constitution and State Administrative Procedure Act set forth a process for creating a new rule versus adding interpretation to an existing rule. The court determined that the new guidelines, which set a schedule and process for evaluating private-school academic instruction, constitute a rule and not interpretation.

"The court finds that the mandatory language dictating when the reviews will begin coupled with the language that insists that 'all' schools will be visited as part of the process constitute clear rules..." the decision stated. "Therefore the court finds that the new guidelines are 'rules' that were not implemented in compliance with the SAPA and are hereby nullified."

State Education Commissioner MaryEllen Elia speaks with The Journal News Staff about the state budget, the controversial new rules for what yeshivas must teach and the college admissions scandal in White Plains on March 18, 2019.

The guidelines established a timeline for non-public schools' instruction to be inspected  by officials from the local school district, who would then report to the state education commissioner. State law requires that academic instruction in private schools be "substantially equivalent" to instruction in public schools.

The decision responded to several lawsuits brought by Jewish, Catholic and independent organizations.

The Department of Education is reviewing the court's decision to determine its next steps, department spokeswoman Emily DeSantis said.