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A court ruling has transformed — and limited — the way New York state can regulate yeshivas
NEW YORK (JTA) — What should happen when a yeshiva does not teach its students the legally required amount of secular studies? And who should be held responsible: the school, or the parents who chose it?
Both of those questions were at the heart of a bombshell ruling in a New York state court last week that, if it stands, will transform how the state can regulate private schools. It also poses a challenge to advocates for increased secular education in yeshivas, who have spent years pushing the state to more strictly enforce its standards in schools.
It’s the latest major development in a years-long battle between an education department that seeks to compel secular education standards across private schools and haredi Orthodox yeshivas resisting coercion from the state.
In a trial that pitted several yeshivas and their advocates against the state’s education department, a judge in Albany ruled that the state no longer has the power to effectively force yeshivas to close for not teaching secular studies in a way that is “substantially equivalent” to education in public school. According to the ruling, state law says it’s the responsibility of parents, not schools, to ensure that children receive a “substantially equivalent” secular education.
But the court also ruled that the education requirements themselves still stand. The yeshivas and their supporters had taken the department to court, hoping that the judge would fully strike down the regulations that mandated secular education standards.
Both advocates and critics of the yeshivas are celebrating parts of the ruling and lamenting others. What’s clear is that the state’s mechanism for enforcing secular education standards in private schools will have to change, though what shape it will take remains to be seen.
“It highlights and it notes that the statute itself requires parents to ensure that their children receive a substantially equivalent education, but it doesn’t impose an obligation on the schools to provide that,” said Michael Helfand, a scholar of religious law and religious liberty at Pepperdine University, explaining the ruling. “If that’s the case, there’s no authority under the statute to close the school because the school failed to provide a ‘substantially equivalent’ education.”
The regulations at issue were approved in September, soon after The New York Times published the first in a series of articles investigating Hasidic yeshivas, reporting that a number of them received public funding but fell far short of secular education requirements. The yeshivas, and representatives of haredi Orthodox communities more broadly, have decried the articles as biased and inaccurate.
According to the new regulations, if yeshivas (or other private schools) did not provide a “substantially equivalent” secular education to their students, the state could compel parents to unenroll their children and place them in a school that meets state standards — effectively forcing the school to close.
The judge who wrote last week’s ruling, Christina Ryba, found “that certain portions of the New Regulations impose consequences and penalties upon yeshivas above and beyond that authorized” by law. Ryba wrote that the regulations exceed the state’s authority by forcing parents to withdraw their children.
She added that state law does not mandate that children must receive the requisite secular education “through merely one source of instruction provided at a single location.” She added that if children aren’t receiving the necessary instruction at yeshivas, they can still get it elsewhere, in some form of “supplemental instruction that specifically addresses any identified deficiencies.”
What that ruling means, Helfand said, is that the state will have to turn to other methods to enforce those standards, such as choosing to “tie particular requirements to the way in which schools receive funding.” The state could also investigate parents, not schools — which he described as a much more arduous undertaking.
“It would then have to slowly but surely make its way through each individual family or each individual child [and] ask questions about what they’re supplementing,” he said. “It’s very hard to see exactly how the New York State Education Department could, given this ruling, ensure that every child is receiving a basic education.”
For yeshivas and their advocates, he added, “It’s not the constitutional victory that I think some hoped for but it’s a very practical victory that in the end may stymie the state’s ability to actually impose significant regulation.”
That’s the way advocates of yeshivas — including parties to the petition — appear to be reading this ruling. A statement from Parents for Education and Religious Liberty in Schools, known as PEARLS, one of the petitioners, said the ruling gives “parents the right to send their children to the school of their choice. …In sum, it provides parents and parochial schools with both the autonomy and the protections that the regulations tried to strip away.”
Another advocate of yeshivas that was party to the case, the haredi umbrella organization Agudath Israel of America, saw the ruling as “not the complete victory many were [praying] for,” according to a statement, because it didn’t strike down last year’s regulations entirely. But the group was grateful that Ryba did rule out “the egregious overreach the Regulations sought,” including the “prospect of forcibly shutting down schools.”
Rabbi Avi Shafran, Agudath Israel’s director of public affairs, told JTA that the organization was “obviously relieved” by the ruling but feels the battle isn’t over. At the beginning of the year, Agudath Israel launched a campaign called “Know Us” that aims to counter what it calls a “smear campaign” by The New York Times.
“But with elements out there bent on pressuring yeshivos to accept their own personal educational philosophy, we remain on the alert for any future attempts to limit yeshivos or parental autonomy,” Shafran wrote in an email.
While Agudath Israel may see the ruling as a partial victory, that doesn’t mean advocates for secular education necessarily see it as a total defeat. Young Advocates for Fair Education, known as YAFFED, which submitted an amicus brief to the court in support of the Department of Education, said in a press release that the ruling “is of grave concern to all parents with children in non-public schools.” Beatrice Weber, YAFFED’s executive director, said the ruling will require the group to shift its strategy, which has until now focused on compelling the schools to teach secular studies.
But she is heartened that the core requirement to provide a threshold level of secular studies still stands for parents — and she’s skeptical that haredi communities will take the risk of asking parents to violate that requirement en masse. In the end, she believes more yeshivas will, in fact, become “substantially equivalent” in order to remove that risk.
“This victory they’re celebrating is really putting them in this corner,” Weber said. “We’ll see what they decide to do but none of the claims of [the regulations] being a violation of religious freedom — none of that was accepted.”
Weber acknowledges that the burden for secular education has now shifted to parents, and “there’s not going to be someone knocking on every door” to make sure parents comply. But she noted that many haredi families interact with the state because they receive forms of public assistance, which she said could provide a built-in mechanism to pressure them to comply.
“Any time they touch the government it’s going to come up,” she said. “Many Hasidic families deal with government programs a lot — whether it’s Medicaid, whether it’s food stamps. I can’t see community leaders saying, ‘Whatever, let the families figure it out.’”
A spokesperson for the state education department declined to say whether the state plans to appeal the ruling, or what it means for future oversight of yeshivas. But in a statement, the department said the ruling “validates the Department’s commitment to improving the educational experience of all students.”
The statement added: “We remain committed to ensuring students who attend school in settings consistent with their religious and cultural beliefs and values receive the education to which they are legally entitled.”
Whatever the future holds, Helfand says the ruling reflects a new way to read the law that, for years, has driven tensions between the state and yeshivas.
“I would have expected people reading the statute not to distinguish between whether ‘substantially equivalent’ is a parental obligation or a school obligation,” he said. “The fact that the court was able to slice the obligation in such a precise way — it’s something we haven’t seen before.”
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At Eurovision, Israel’s near triumph shows the limits of tolerance
VIENNA — A keffiyeh was blocking my view, and it bothered me less than I would have expected.
It was around 9:45 pm, and I was standing outside Vienna’s city hall, where the city had erected a “Eurovision village.” The pan-European singing competition was taking place in the former Habsburg capital, grand architecture framing massive public viewing screens.
Security was tight. Visitors weren’t allowed to bring bags inside the area, and we were patted down by two separate guards before we were allowed to enter. In August 2024, a foiled terror attack led to the cancellation of three Taylor Swift concerts, an international embarrassment authorities were keen not to repeat.
And then there were the protests over Israel’s participation.
The day before, an anti-Israel solidarity concert had featured a video call with Unorthodox author Deborah Feldman, who said she was protesting the “whitewashing” of a genocide. A separate “song protest” reportedly escalated from chants of “One love” to “Death, death IDF.” Earlier that day, demonstrators had marched along Vienna’s main shopping boulevard. By the time evening rolled around, a group of clowns had gathered outside the parliament, practicing creepy, Joker-like laughs and holding signs that said “United by Genocide,” a play on the Eurovision Song Contest’s slogan. “United by Music.”
For a contest that insists on being apolitical, Eurovision had become unmistakably political.
I didn’t care much for the music, but world events were unfolding here in Vienna, and I wanted to see them up close.
Israeli singer Noam Bettan was the third to perform. As he got on stage and started singing “Michelle,” a couple of people in the crowd I was standing in started shouting “Free Palestine” at the screen. The chants weren’t loud enough to drown out the performance
Then, someone in front of me raised a keffiyeh, stretching it between both hands and waving it in the air. It blocked my view. I considered asking him to lower it. But did I really want to risk a confrontation? Instead, I stepped sideways – slightly annoyed, but telling myself this was the price of tolerance.
Only later that night did I begin to wonder whether tolerance was, in fact, a shared value.
Back home, I watched the voting. Just before 1 a.m. the audience vote catapulted the Israeli act into the lead. In the previous two years, Israeli entries had also performed strongly with viewers, placing first and second in the public vote without winning overall. The reasons have been debated: diaspora support, savvy promotion, or simply songs that fit the Eurovision formula — catchy, theatrical, sung with a powerful voice. (Israel has won the competition four times, most recently in 2018.)
Israel’s promotional efforts have drawn criticism, but no evidence of manipulation has emerged, and the public broadcaster KAN has responded quickly to European Broadcasting Union reprimands.
It didn’t matter. Social media filled with accusations that Israel had cheated. In the arena, just before Bulgaria’s points were announced, the booing aimed at Israel’s entry grew so loud it was clearly audible on the broadcast.
Bulgaria won, Israel came in second, and I felt something close to relief. At a time when several countries had already stayed away and others were wavering, it seemed less like a celebration than a breaking point. I wouldn’t want to witness what would happen if Eurovision were to be held in Israel next year.
It had been easy to move when the keffiyeh blocked my view. One step to the side, and the problem was gone. However, there was no stepping aside from what came later. Freedom of speech is about making space, but it can also be used to close it.
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Israel’s Noam Bettan takes 2nd at Eurovision, buoyed by scrutinized public vote
(JTA) — The Israeli contestant in the Eurovision Song Contest won second place for the second year in a row, drawing a strong public vote despite protests over Israel’s inclusion in the contest.
Noam Bettan and his song “Michelle” ranked third in the public vote and eighth in the jury vote, which combined to give him second place behind the entry from Bulgaria, which won the contest for the first time.
Bettan thanked his fans in a post on Instagram after leaving the stage.
“I’m still processing everything and trying to find the words for this incredible journey. You guys are amazing and this is all because of you. I love every single one of you!” he wrote. “This is just the beginning, there are so many amazing things in the way! 🤍Am Israel Chai!!!”
Five countries boycotted the contest this year over Israel’s inclusion, citing Israel’s military operations in Gaza. After the competition, a spokesperson for VRT, Belgium’s national broadcaster, said the country was unlikely to participate next year unless the European Broadcasting Union, which runs the contest, makes “a clear statement against war and violence and for respect for human rights.” Belgium came in 21st of 25 competitors in the final.
Bettan faced a smattering of boos both during the semifinal on Tuesday and during the final on Saturday in Vienna, as well as when Israel briefly led the leaderboard during the announcement of the audience votes. He told the Jewish Telegraphic Agency ahead of the final that he believed he had more fans than detractors and that he would focus on them.
Israel scored 220 points in the public vote after drawing a formal warning from the EBU for its campaign urging supporters to send all 10 of their votes to Bettan. Israel’s broadcaster called off the campaign after being told it was “not in line with our rules nor the spirit of the competition.”
Israel also drew 123 points from national juries, more than twice what it earned last year when 22 countries awarded Israel no points at all in a result seen as driven in part by political tensions.
This article originally appeared on JTA.org.
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It looks like a kaffiyeh, but this pro-Israel influencer wants you to wear a sudra
In a recent viral Jubilee video viewed more than 1.5 million times, pro-Israel activist Rudy Rochman sits across from a group of 20 pro-Palestinian activists, debating the Israeli-Palestinian conflict. Draped around his neck is a black-and-gray checkered scarf that looks almost identical to a kaffiyeh.
Look closer, and the pattern resolves into something else: tiny Stars of David clustered together, alongside Hebrew lettering spelling out Am Yisrael Chai — “the people of Israel live,” which has became a mantra after Oct. 7 and the hostage crisis. It’s not a kaffiyeh, Rochman says, but a modern twist on the sudra, a cloth head covering once worn by Jews across the Middle East — and he wants to bring it back.
Since the Gaza War, the kaffiyeh has become an increasingly visible symbol of pro-Palestinian activism. Now, Rochman is part of a small but growing effort to revive the sudra as a marker of Jewish identity rooted in the Middle East. He runs the company My Sudra, promoting and selling the garment online. It has been embraced by a niche but visible group of young pro-Israel influencers.
Rochman, a 32-year-old Jew of Moroccan and Algerian descent, said he and his family wore sudras during celebrations like bar mitzvahs and weddings. In old family albums, Rochman says most photos of his grandfather and great-grandfather show them donning the garment in Morocco.
As a child, Rochman understood the head covering as Middle Eastern rather than distinctly Jewish. Once he learned about its connection to Judaism, he set out to revive it, beginning to create sudras in 2016 while a student at Columbia University.
The term sudra appears in rabbinic literature, including the Mishnah and Talmud, as a general term for a cloth typically worn as the religiously prescribed head covering, though some sources describe Jews wearing it around their necks. Experts say Jews across the Middle East wore sudras, likely before the Middle Ages, with styles varying by region and period.
From the Middle Ages into the modern era, Jews in the Middle East, classified as dhimmis, sometimes faced legal restrictions on dress. One notable prohibition during certain periods was the wearing of a headscarf or turban by Jews, including the sudra.
“This form of headgear by Jewish men was not tolerated in many communities,” said Gillian Vogelsang-Eastwood, a textile historian specializing in Middle Eastern dress. “Men could wear the kippah, but nothing significant in public on the head.”
Over time, she said, those constraints contributed to the fading of the custom.
“For me, it’s about reviving an aspect of our culture that was beaten out of us by force,” said Rochman. “It’s not like we consciously made a decision. ‘Hey, we want to stop wearing sudras.’ We were forced to stop wearing it.”
Historically, sudras did not usually feature identifiably Jewish symbols. The Kurdish sudra is an exception, incorporating circles and dots with religious meaning. Even in Rochman’s own family photos, his ancestors typically wore plain white sudras.
Rochman, however, has deliberately added Jewish symbols to make the garment legibly Jewish to contemporary eyes.
Rochman sells sudras in various colors, including a black and white version that looks exceptionally similar to the Palestinian version of the kaffiyeh. Instead of the pattern of zig-zag stripes and criss-crossed squares that can be found on that kaffiyeh, Rochman’s sudra has stars of David juxtaposed to create a similar checkered pattern, as well as Jewish symbols like the menorah, along with the phrase Am Yisrael Chai.
The resemblance to the kaffiyeh is not accidental.
The kaffiyeh is widely seen today as a symbol of Palestinian identity and resistance, but it did not always carry that meaning.
According to Vogelsang, “The kaffiyeh is basically regarded as a 19th-century development worn by farmers in Syria,” she said. “The Jordanian army later adopted it as part of their uniforms.”
Vogelsang says its political symbolism developed in the 20th century, particularly through its association with Palestinian nationalism and figures such as PLO leader Yasser Arafat, who popularized the black-and-white kaffiyeh widely worn today.
Some say the patterns on the Palestinian black-and-white kaffiyeh represent different aspects of Palestinian culture. The criss-cross lines represent the Palestinian ties to the Mediterranean Sea because of their resemblance to fishnets; the black stripes symbolize trade routes through Palestine; and the curved lines are said to symbolize olive trees.
But Vogelsang and other experts say that this symbolism is a modern interpretation of older patterns. “They didn’t have these meanings. The Palestinian community has given them these meanings,” she said.
Patterns like checks and stripes were often used for garments in the Middle East, not because of any particular symbolism, but because “they are just an easy, convenient design to make,” said Vogelsang. Both Jews and Muslims used whichever fabrics were locally available, often checkered and striped patterns commonly associated with the modern-day kaffiyeh.
In a similar way, Rochman’s sudra takes on explicit political meaning through the inclusion of the phrase Am Yisrael Chai, popularized in the 1960s as a rallying cry for Soviet Jewry and now widely used at pro-Israel demonstrations. In that sense, his garment does not just revive a historical practice, but imbues it with ideological significance.
“Being a Zionist outwardly was kind of seen as excessive before Oct. 7, but after Oct. 7 it became something that was cool again,” Rochman said, adding that interest in — and sales of — his sudras increased following the attacks and the war in Gaza that followed.
I asked Rochman if he’s ever worried about being mistaken for wearing a kaffiyeh or accused of cultural appropriation. Dozens of Reddit threads are dedicated to the topic online. In the Jubilee video, one Palestinian activist tells him, “Are you going to pretend that the kaffiyeh you’re wearing is not a culturally appropriated kaffiyeh? And you just added the Hebrew and all of that to it.”
But he is not particularly bothered by either accusation.
“I look at it as just an opportunity to tell that person, whether a Jew or not a Jew, that doesn’t know anything about a part of Jewish culture, who we are and what we are.”
And while Rochman’s main goal is to help younger generations of Jews understand a part of their history that has faded, he hopes that more Jews wearing the sudra will also foster a greater understanding of Jewish history in the Middle East.
“We need to know where we’re from,” Rochman said. “And if it helps us connect with other Middle Eastern peoples, that’s amazing too.”
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