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Dear New York State Principals and Administrators,
We want to share critical updates regarding Substantial Equivalency following the passage of the recent New York State budget. NYSED has issued preliminary guidance clarifying how the amended pathways to demonstrate substantial equivalency will be implemented. Please review the following points carefully, as they may directly impact your school:
Schools Already Deemed Substantially Equivalent
If your school has previously received a final determination confirming substantial equivalency, no further action is required at this time.
Schools with Final Negative Determinations (Feb–Mar 2025)
Unfortunately, NYSED has taken the position that the few nonpublic schools that received a final negative substantial equivalency determination in February or March 2025 are ineligible to pursue substantial equivalency under the newly amended pathways. NYSED asserts that these schools ceased to be “nonpublic schools” under the Compulsory Education Law prior to the new legislation’s effective date.
We strongly disagree with this interpretation and are pursuing avenues to challenge this position and restore these schools’ ability to participate in the new pathways.
Electing the Assessments Pathway (Pathway 6)
Schools that wish to use the revised assessments pathway (under Education Law § 3204(6)(a)(vi) or (vii)) should notify their Local School Authority (LSA) immediately.
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NYC Schools: Email onpssubstantialequivalence@schools.nyc.gov and state that, “pursuant to the recently enacted NYS budget, our school elects Pathway 6 and intends to phase in assessments as permitted under the new law.”
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Other NYS Schools: Contact your LSA directly with similar language.
Schools with Preliminary Negative Determinations
If your school received a preliminary negative determination and is currently working under a remedial plan in accordance with 8 NYCRR §§ 130.6 or 130.8, you may amend your plan to pursue the revised assessments pathway.
NYSED has extended the deadline for these schools to September 1, 2025, the first day of the 2025–26 school year. By this date, you must:
- Elect the assessments pathway, and
- Submit to your LSA a revised plan detailing how assessments will be phased in across all grade levels.
NYSED has committed to issuing further guidance on the submission process.
Agudath Israel recommends that all schools in this category elect the assessments pathway without delay. In general, the assessment pathway provides several advantages under the law.
We were pleased to see SED instruct LSAs that they should not issue or report any negative substantial equivalency determination or recommendation to the Commissioner without (a) offering nonpublic school expanded pathway 6 under the new legislation, and (b) consulting with NYSED.
We remain committed to keeping you informed and supported as this process evolves and will continue to share updates as soon as they are available.
Please don’t hesitate to reach out with questions or for assistance navigating this process.
Please see the full memo from NYSED here.
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