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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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Israel’s opposition has the numbers to defeat Netanyahu. Will it let him survive anyway?
According to exit polls, Israel’s opposition appears to have achieved something remarkable: a parliamentary majority of up to 70 seats, including the Arab parties, over Benjamin Netanyahu and his allies. In almost any other parliamentary democracy, such a result would be understood as a decisive victory for the forces seeking a change of government. Yet Israel may be heading toward the extraordinary spectacle of an opposition that wins a commanding majority and nevertheless allows the incumbent to remain in power.
The reason is a political taboo: several opposition leaders have promised not to form a government dependent on the support of Arab parties, even though virtually every plausible path to replacing Netanyahu requires precisely that.
And if the exit polls are right, those Arab parties have almost doubled their Knesset representation, to perhaps 18 seats in the 120-seat Knesset. This happened because of a huge increase in voter turnout among the 20 percent of Israelis who are Arabs.
In past elections, almost half the Arabs stayed home on election day, compared to participation levels of around 80 percent among Jews. The surge appears to have been driven by despair over the perceived hostility of the Netanyahu government, and anger over ultranationalist National Security Minister Itamar Ben-Gvir, who has displayed inaction and indifference about the lawlessness that bedevils the Arab sector.
The two Arab parties – Ra’am and the United Arab List – have already offered to back Gadi Eisenkot, the former military chief who heads the largest opposition party, Yashar.
This landscape presents the wider opposition with a real dilemma. Its leaders may end up breaking their most important promise to voters — to remove Netanyahu from office — in order to honor a secondary promise not to form a governing coalition with Arab parties and depend on the safety net they offer. That promise should have been no more than a white lie to reassure wavering Jewish voters who in the past supported the right. Sticking to it would be a spectacular case of snatching defeat from the jaws of victory.
In his speech to supporters after polls closed Tuesday, Eisenkot promised to use the results to set up a government. “The Israeli public voted to end Netanyahu’s rule as the prime minister of Israel,” he said. “It’s my personal duty to do everything to bring about the will of the people.”
If Eisenkot and the rest of the opposition now show resolve, a minority government supported from outside by Arab lawmakers is one possibility. A coalition that includes at least Ra’am, the pragmatic Islamist party that participated in Israel’s 2021 governing coalition, is another. Defections from the right could also help assemble a government. These also should be considered, as long as those joining it are not given the power to block essential reforms or perpetuate the policies that voters sought to reject.
None of the options are clean and simple. But the notion that Arab parliamentary support renders a government illegitimate is neither a democratic principle nor a reflection of Israel’s political history.
Indeed, a look at that history reveals something that Netanyahu’s long dominance has helped obscure. Since the political upheaval of 1977, Likud victories have generally depended on ultra-Orthodox support, while victories by the non-Likud camp have repeatedly depended on Arab votes.
In 1984, Shimon Peres managed to force a parliamentary tie with the help of six seats held by Arab parties. In 1992, Yitzhak Rabin’s victory yielded a majority of 61 seats only when five Arab lawmakers were counted. In 1999, Ehud Barak won a landslide in the direct election for prime minister, but his reliable parliamentary bloc numbered only 60 seats, including 10 Arab lawmakers. The addition of right wing parties enabled him to govern.
The pattern continued in 2006, when Kadima’s victory was widely perceived as decisive, even though its assured parliamentary bloc numbered just 60 seats without additional Arab support. And in 2021, Yair Lapid’s success in assembling a government that ended Netanyahu’s 12 consecutive years in power depended on a parliamentary alignment of 61 lawmakers opposed to Netanyahu, including 10 Arab representatives.
With the notable exception of Ra’am in 2021, Arab parties generally did not become formal coalition partners. Peres formed a national unity government with Likud – and Rabin, his majority secured via the Arab parties, formally brought in the religious party Shas. In all these cases the Arabs’ parliamentary support for the opposition helped prevent Likud from forming a government and made alternative coalitions possible. In some cases, Arab lawmakers then supported the government from outside, while politicians from the traditional right-wing camp eventually crossed political lines to join the governing arrangement.
Against that historical background, the 2026 result should be understood as an extraordinary opportunity for Israel’s liberal and anti-Netanyahu forces. The central question is whether their leaders will recognize it or miss the opportunity.
Netanyahu remains the prime minister under whose watch the catastrophe of Oct. 7 occurred. His government has resisted the establishment of a state commission of inquiry into the failures surrounding the attack. His coalition has advanced measures widely criticized as threats to democratic institutions, while presiding over an increasingly polarized society.
Another term for Netanyahu and his present allies could deepen Israel’s institutional deterioration, social divisions and strategic vulnerability. For critics who believe the country is already approaching a dangerous democratic and societal crossroads, the stakes are difficult to overstate.
There is also a striking inconsistency in the argument that relying on Arab support is somehow beyond the bounds of legitimate politics.
Netanyahu himself explored the possibility of forming a government with the support of Mansour Abbas, the leader of Ra’am, in 2021. That possibility collapsed largely because Bezalel Smotrich, now one of Netanyahu’s most prominent far-right partners, refused to accept it.
The time has come for Israel to show some appreciation for its Arab citizens, who constitute roughly one-fifth of Israel’s population. They work, study, pay taxes and participate in the country’s civic and economic life. They vote in national elections and elect representatives to the Knesset. There is no coherent democratic justification for treating those representatives’ mandates as inherently less legitimate than those of Jewish lawmakers.
To be sure, Arab political parties hold positions, particularly on the Palestinian question, that many Jewish Israelis find deeply objectionable. Some of those disagreements are profound, and coalition negotiations involving Arab parties inevitably raise difficult questions about national identity, security and the Israeli-Palestinian conflict.
But ultra-Orthodox parties also hold positions that many secular Israelis regard as fundamentally incompatible with their vision of the country, including on religious authority, military service and civil liberties. Far-right parties in Netanyahu’s coalition have promoted policies that critics see as far more damaging to democratic norms than anything the Arabs might do.
There will undoubtedly be pressure for a national unity government, possibly from Washington. President Donald Trump, who endorsed Netanyahu, seems likely to pressure Eisenkot to agree. The machinations might include restarting the war with Iran. Eisenkot should resist it all.
Israel’s declaration of independence promised equality. Israel’s opposition has a golden opportunity to keep that promise.
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A watch party without Netanyahu? Supporters tried to project cheer
(JTA) — JERUSALEM — Forty-five minutes after Israeli channels released their first exit polls, a silence had washed over the Likud election watch party held at the International Convention Center in Jerusalem.
Supporters had waited in anticipation for the exit polls to appear on the screen. When Channel 14 — which had a broadcast desk stationed in the corner of the room — first showed its poll, a cheer circulated through those in attendance. But as everyone looked down at their phones to track the results from the other channels, the mood became increasingly subdued.
Supporters hoping for a strong Netanyahu victory were disappointed by polls showing that his Likud party did not have enough support to form a governing coalition.
They had hoped to celebrate the moment with Netanyahu, who, in the end, did not show up.
The initial exit polls, released at 10 p.m. as polling stations closed, showed Likud as the largest party. However, neither it nor its committed coalition partners had gained enough seats for a parliamentary majority that would allow it to form the next government. Channel 12 had Prime Minister Benjamin Netanyahu’s bloc, which at its height had 68 seats in the outgoing Knesset, dropping to 50, with the opposition parties at 53 across the network projections.
The Central Elections Committee hopes to finish counting the votes by Thursday. By law, the official results have to be published by Nov. 4.
The historic turnout in the election, billed by many as the most consequential in Israel’s history, stood in stark contrast to the empty convention center hall. It appeared that only the most dedicated of Bibi fans had decided to make the trip to the watch party. Three hardcore supporters held up a blue and white Likud flag while chanting “Malach Bibi,” meaning “King Bibi,” with a crowd of journalists pushing past each other to get footage.
Every two minutes, the Likud jingle echoed through the hall on a loop, and a string of AI-generated Likud election videos played on the screen. The lectern sat empty, and Netanyahu had not issued a statement in the wake of the first results. Netanyahu, along with Likud MKs, had been expected to address supporters in the hall had there been a clearer mandate; instead, journalists gathered, snacking on refreshments while waiting for more Likud supporters to show up.
Yossi Levi, 71, a pensioner from Eilat, made the long drive to Jerusalem to show his support. He said that for his entire tenure as prime minister, Netanyahu has had to fight the 120 members of the Knesset for his survival, and that he “thankfully” had so far always come out on top.
Levi recalled his time working on the Likud security team when Netanyahu first began his career and paused the interview to shake hands with Netanyahu’s head of security before returning to his story. Whether or not Netanyahu was able to form a coalition, he said, his support would remain unwavering.
That appeared to describe the crowd on Tuesday night: those who had stood by Netanyahu as he ascended to the heights of Israeli electoral power, and who were standing by him now, as his bloc appeared to shed 18 seats in the Knesset.
Boaz, who lives in the city center of Jerusalem, described the mood as not exactly disappointment “but something in the middle,” as the results did not yet indicate a clear winner or loser and adding that it was now time for coalition politics to begin.
Holding a blue-and-white Likud flag and milling about the lobby alone, he did not project confidence but insisted that he would stay at the event in case any of the party’s parliamentary members decided to show up.
With few audience members in attendance, the event center gave the appearance of something of a crashed party. By 11 p.m. Jerusalem time, the hall had begun to empty, with both supporters and those there to cover the event deciding to leave the scene.
This article originally appeared on JTA.org.
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Jewish treasures stolen by Nazis 88 years ago come home, thanks to an Arizona synagogue
(JTA) — What could one purchase with boxes of Crisco, bags of coffee and cartons of cigarettes in chaotic postwar Germany?
For Moishe Saksenhaus, a young Holocaust survivor from Belarus, the answer was: two Jewish ritual textiles, hundreds of years old.
The seller said he’d stolen them himself from a burning Berlin synagogue on Nov. 9, 1938 — the November Pogrom, commonly called Kristallnacht.
Moishe brought those two items — a Torah wimple, or sash, and a parochet, or Torah ark curtain — with him to America, taking them out of their suitcase only on special occasions. After Moishe’s death in 1993, his family donated them to his synagogue, Temple Chai in Phoenix, Arizona. They remained on display there until the building was deconsecrated in 2026. The congregation moved to a new location in nearby Scottsdale this spring.
Last week, nearly 88 years after Kristallnacht the two items made their way back to Berlin.
In a ceremony at the site of the New Synagogue Berlin Foundation-Centrum Judaicum museum and archive, on Oranienburger Strasse, Associate Rabbi Bonnie Koppell of Temple Chai handed them over to Berlin Jewish Community president Gideon Joffe.
“There were people who felt individually attached to the items” in Phoenix, Koppell told the Jewish Telegraphic Agency in a phone interview before her trip. “But ultimately, I think everyone realized that they belonged in their home. If the people from whom they were stolen wanted them back, that was where they belong.”
The handover took place Oct. 22 in the presence of Joffe, Rabbi Gesa Ederberg, historian Rabbi Andreas Nachama, members of the Berlin community and 29 visitors from Arizona.
“It’s been a very moving and touching journey, for both our guests from the United States and for these historical items,” said Nickolai Todorov, a Berlin Jew who accompanied the U.S. visitors as a tour guide. “It was just a special thing to be an eyewitness to.”
Rabbi Bonnie Koppell, left, and Sandy Koppell examine the Torah curtain (parochet) and Torah wimple during the handover ceremony at the New Synagogue Berlin–Centrum Judaicum, Oct. 22, 2026. (Nicolai Froundjian)
The large parochet is embroidered with the text of the Kiddush, the Jewish blessing over wine, in versions for the Sabbath and holidays. Along the lower edge of the text is what might be the signature of the artist, in Hebrew: “This handiwork of mine is not to bring me honor, rather to bring merit for the multitudes in accord [with the biblical verse] ‘And Yitzchak went out to pray at the field’ — Yitzchak Itzik ben C’harad Yehuda Leib z“l [of blessed memory] from Rivnitz,” a town in Moldova whose small Jewish community dated back to at least 1800.
The highly decorated wimple, which would have been used to bind a Torah scroll, bears a blessing for a child named Yitzchak “Itzik” ben Kavod Ha-rav Gistori, likely embroidered in honor of his brit milah, or ritual circumcision.
A spokesperson for the Berlin Jewish community, an umbrella for several congregations of various denominations, told JTA in an email that its experts had been unable to confirm which pre-World War II synagogue the Torah curtain came from, but that it would be added to the Centrum Judaicum collection. There are plans to display the wimple at the community center on the site of the former Fasanenstrasse synagogue.
Sol Saksenhaus, 72, a retired special-ed teacher, is one of those Arizona congregants who felt sad to let the objects go. It was his father who had bought them, protected and carried them across the ocean to his new home in America. Sol and his brother had grown up with these objects, which had taken on an aura of sacredness.
But they are “being given back as a sign of love from our community, to light them up again,” he told JTA in a telephone interview from Phoenix. “I can live with that, and I know my parents in heaven can live with that, too.”
Sol’s parents, Moishe and Rosa Saksenhaus, had escaped the Warsaw Ghetto through the sewers, and joined with partisans to commit acts of sabotage against the Germans. The Soviets eventually deported them to Siberia, where their first child died. After the war, Moishe and Rosa made their way back west, following American army lines and ending up in a Displaced Persons camp in the town of Feldafing, Germany.
Moishe, street-smart and multilingual, got a job translating for the U.S. military in Traunstein, Sol related. His father told him he became involved with black market activities, such as collecting British Army bicycles and having them sent to Palestine.
“My dad may have had a little bit of a reputation as one of the go-to guys, that if you wanted something, my dad knew how to get it,” Sol said.
Which may be why this particular German man approached him one day.
“He said he was a medical doctor. He kept approaching my dad with pictures” of the Jewish objects, Sol recounted. His father recalled the man’s name as “Ahgar.” He’d complained about conditions under American occupation: “’We don’t get anything; we’re on limited rations,’” the man told Sol’s father. “My dad said he was arrogant, and that he wanted the stuff he used to have from before.”
“He threatened my dad: He says, ‘I was part of the patrol that went into the temple’” on Fasanenstrasse in Berlin. He claimed to have taken the two items during the raid, and threatened to destroy them if Moishe did not procure Crisco, coffee, flour, cigarettes and cigars.
“My dad pretty much told him to ‘get the f–k away. I can’t look at you.’ But the guy was persistent. And the trade happened.”
Moishe Saksenhaus brought the objects to the U.S. when he and Rosa emigrated. “He cherished them, but he didn’t know what he was going to do with them,” said Sol. On rare occasions his father would show them to the family. “When that thing came out, it was like opening the holy ark… I kind of like froze, and just watched the emotions” on the family’s faces.
Sol’s father died in late 1993. There was a rise in Holocaust denial at the same time, Sol recalled; Deborah Lipstadt’s book, “Denying the Holocaust: The Growing Assault on Truth and Memory,” was published that June. It was also the year that Steven Spielberg’s Oscar-winning film “Schindler’s List” came out, sparking new interest in the Holocaust and its legacy. His mother and aunt decided to donate the tapestry and wimple to Temple Chai, to help with Holocaust education. Before handing the tapestry over to Rabbi William Berk, then the temple’s spiritual leader, Rosa Saksenhaus tore the swastika off an old tag on the tapestry. “This is not going into a temple like this,” she told her son.
The centuries-old Jewish ritual textiles, stolen during Kristallnacht in 1938 and traded after the war to a survivor for coffee and tobacco, are returned to the Berlin Jewish community during a ceremony at the New Synagogue Berlin–Centrum Judaicum, Oct. 22, 2026. (Nicolai Freundjian)
Sol recalled that Berk sent the items to an expert at the University of California in Los Angeles, who determined they were from the 16th century. Berk, who moved to Israel with his family in 2007 after more than two decades with the congregation, could not be reached for comment.
And so the tapestry remained hanging on the synagogue’s north wall. Rosa died in 1999. In 2006, Bonnie Koppell was installed as associate rabbi. In 2022, Rabbi Emily Segal took on the role of senior rabbi.
Two years ago, Sol brought a friend to see the wimple and the tapestry.
“I had seen these objects in our sanctuary for 30 years, knowing only that they had been ‘rescued’ during Kristallnacht,” recalled Joan Neer, assistant to Koppell, who heard Sol’s story for the first time that day. “In reality they were brutally taken,” she said.
The encounter “ignited my curiosity and set me on a journey to uncover their story,” Neer told JTA in an email. The more she learned, the more she became convinced: “It would be great if we could return them to the Jewish community in Berlin,” she wrote to Koppell and synagogue president Debbie Berkowitz.
“What began as a simple conversation in my office has become a journey of discovery, connection, and restoration,” she said.
Once the Berlin community said yes, the task of packing and transporting the objects began. The large tapestry was wrapped in artisanal paper and shipped.
“We had an AirTag on it, so we watched it sitting in the Cologne airport,” said Koppell. “And then it got moved to the customs building.”
“Then we got word that they wanted €5,000 [$5,567] in [customs] tax. And that if we didn’t pay it, they were sending it back in five days.”
The German Jewish community stepped in and used its tax-exempt status to get the package released, she said, adding that she carried the wimple in her hand luggage.
“We have come to remember, to learn and to return something that has traveled a very long road,” she told the Berlin Jewish community on Oct. 22. “This time, they are going home.”
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