Re: I.D. No. EDU-27-19-00010-P: Substantially Equivalent Instruction for Nonpublic School Students

In NCLA’s view, the Department must withdraw the Substantial Equivalency Rule because it violates the New York State and United States Constitutions in at least two ways.  First, NYSED may not dictate to private and parochial schools, or their teachers, parents, or guardians, what and how to teach their schoolchildren.  The Proposed Rule would subject these schools to the chilling effect of curricula inspections and the silencing effect of curricula subordination.  Its proposed local school authority (LSA) inspection, equivalency determination, and remedial action plan supervision brazenly would supplant the schools’ free speech with government-approved speech….

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