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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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Assad Regime Remnants on the Ground in Lebanon Helping Hezbollah
Hezbollah fighters walk near a military tank in Western Qalamoun, Syria, Aug. 23, 2017. Photo: REUTERS/Omar Sanadiki
Senior officers from the former Assad regime in Syria are currently in neighboring Lebanon helping the terrorist group Hezbollah, raising tensions between Damascus and Beirut as the two governments seek to deepen their fragile cooperation.
The extensive coordination between Iran-backed Hezbollah and remnants of Assad’s security apparatus, which was also supported by the Iranian regime until its fall, has fueled fears of an emerging dynamic that could undermine Syria’s new government and deepen regional instability.
Last week, Lebanese Prime Minister Nawaf Salam met with Syrian President Ahmed al-Sharaa in Damascus as the two countries work to expand bilateral cooperation and engagement, with talks centered in part on former Syrian regime figures in Lebanon amid fears of emerging forces that could destabilize the new government.
Following the fall of long-time Syrian dictator Bashar al-Assad in December 2024, many officials in his regime are believed to have fled to or sought refuge in Lebanon, a development that has intensified diplomatic friction and security tensions between Damascus and Beirut.
Hundreds of pro-Assad military and intelligence officers and other security officials had reportedly entered the country through illegal border crossings in the Bekaa Valley in eastern Lebanon and via northern border regions.
In an interview with Saudi broadcaster Al Arabiya, Salam dismissed claims that most senior Assad-era officials have sought refuge in the country, while reaffirming the government’s commitment to help preserve Syria’s security interests.
“Most are in Russia and other countries, with just a small number still on Lebanese soil. But the government will work to ensure Beirut is not used as a base to undermine Damascus or to facilitate any political or military activity against it,” the Lebanese leader said.
During last week’s talks, Lebanese and Syrian officials agreed that any extradition of anti-regime forces would proceed under a joint legal framework to be coordinated through the justice and interior ministries in both countries.
The Syrian government has urged Lebanese authorities to arrest and extradite former Assad-era officers amid fears they are joining forces with Hezbollah and allied Alawite networks, where they have reportedly found refuge as part of a renewed effort to destabilize the country.
“We will not allow anyone on Lebanese soil to act against the Syrian government,” a Lebanese security source told Al Arabiya. “Lebanon will never serve as a platform for remnants of the former regime or militias operating against Arab states.”
Last year, al-Sharaa became Damascus’s president after leading the rebel campaign that ousted Assad, whose Iran-backed rule had strained ties with the Arab world during the nearly 14-year Syrian war, with an offensive spearheaded by al-Sharaa’s Islamist Hayat Tahrir al-Sham (HTS) group, a former al-Qaeda affiliate.
After years of intervening in Syria’s civil war to support Assad, the Lebanese terrorist group Hezbollah significantly expanded its political and military influence across the country as Iran’s chief proxy force.
However, the fall of Assad’s regime cut off Hezbollah’s key overland supply corridor through Syria, dealing a major setback to Iran’s “Axis of Resistance” and disrupting one of the group’s most vital strategic lifelines.
According to intelligence assessments, Assad regime supporters who fled into Lebanon have not simply gone into exile but are believed to have formed an organized network described by Syrian officials as the “operational brain” of Assad’s army on Lebanese territory, according to Arab and Israeli reports.
More than 200 former officers and senior figures from Assad’s military and intelligence apparatus have reportedly taken refuge in Hezbollah strongholds and heavily Alawite areas in northern Lebanon, where, Syrian officials warn, they are working to preserve the military infrastructure and strategic assets of the Iran-backed Shiite axis.
Arab media networks report that Hezbollah has provided former regime officers with protection and safe houses in exchange for intelligence expertise and operational support, aimed at helping establish armed cells and Alawite militias inside Lebanon.
Recently, Syrian authorities identified a covert Hezbollah-linked network allegedly plotting attacks against senior figures in the new Syrian government, with Damascus suspecting exiled Assad-era officers based in Lebanon are playing a central role in efforts to undermine the country’s stability.
Last week, Syria stopped a Hezbollah terrorist cell that was plotting to assassinate senior government officials, according to the Syrian Interior Ministry. With raids at multiple locations, Syrian security forces made 11 arrests and seized a cache of weaponry.
In April, the same Interior Ministry announced five arrests in another assassination attempt plotted by Hezbollah. The terrorists targeted Rabbi Michael Khoury in Damascus, with authorities identifying a woman who attempted to plant an explosive outside his home. The suspects later confessed to authorities they had drones supplied by Hezbollah they intended to use in an attack.
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1912 Yiddish operetta tackles class conflict and women’s rights
One of the smash hits of New York’s thriving Yiddish theater scene in the early 20th century grappled with socio-political issues that still resonate 100-plus years later. It’s coming back for a very limited run and you don’t have to speak Yiddish to enjoy it.
The production — a concert of songs from the 1912 Yiddish operetta Khantshe in Amerike — will be performed twice this month, first at Bard College in Annandale-on-Hudson, New York and then at the YIVO Institute for Jewish Research in Manhattan.
The protagonist, Khantshe, is a young working-class woman who dresses as a man, working as a chauffeur for a nouveau-riche immigrant family. Khantshe flirts with and romances the women she works for — mother and daughter alike. The operetta grapples with class conflict, women’s rights, gender fluidity and cars.
The performances, made possible by material reconstructed from archival documents, will feature students from Bard accompanied by piano. There will be no dialogue; instead the singers will deliver brief plot summaries in English before each song. A translation of the lyrics will be included in a booklet for the audience, who will also be able to follow along watching English supertitles.
The operetta first opened on Dec. 31, 1912 at Sarah Adler’s Novelty Theatre in Williamsburg, Brooklyn and was a runaway hit. It was mounted in Warsaw just six months after the New York premiere.
“This is one of the shows that were in dialogue with all of the political and social issues that people were talking about,” said Alex Weiser, director of public programs at YIVO and a member of the trio that reconstructed the performance materials. “They were made because the masses needed the cultural material in their language that spoke to the specificity of their milieu.”
Khantshe in Amerike was also a turning point in the career of both its composer, Joseph Rumshinsky, and its star, Bessie Thomashefsky. The previous year she had left her renowned husband Boris Thomashefsky, the titan of the Yiddish stage, known as a compulsive philanderer.
At the height of their influence, the Thomashefskys owned theaters in and out of New York, published their own magazine, The Yiddish Stage and wrote columns in the popular Yiddish newspapers of the day. When Boris Thomashefsky died in 1939, some 30,000 people lined the streets of the Lower East Side for his funeral.
“This show was a star vehicle for Bessie when she first left Boris,” notes Weiser. “They were a power couple and this was a really important turning point in her career. She left him, she went out on her own and there was a big question: ‘Is this it for her?’”
The angry, wily, rebellious and militantly feminist character that Bessie Thomashefsky portrayed became the prototype for a series of heroines she played going forward. They were tough, brassy, usually working-class fighters, endowed with chutzpah.
Bessie Thomashefsky also produced the operetta.
The musical was a watershed moment for Rumshinsky, as well. He went on to dominate the American Yiddish musical for the rest of the decade. It marked the first time that “American rhythm” had been incorporated in Yiddish music, a euphemism for acknowledging the influence of African-American music on the genre.
“Nothing had ever happened like that in Yiddish theater before,” said Ronald Robboy, who was part of the team that reconstructed the performance material. “Yiddish theater then quickly started incorporating elements of Tin Pan Alley. It also became interestingly more self-consciously Jewish, as smarter and better educated composers learned how to manipulate Jewish modal material, the scales that came from liturgical music and klezmer music. So the music was at once more American and at the same time more skillfully Jewish in its self-identity.”
Robboy’s connection to the material is a lengthy one. For five years he served as researcher for the Thomashefsky Project, an homage to the legacy of Boris and Bessie Thomashefsky instigated by their grandson, the late conductor Michael Tilson Thomas. The culmination of the project occurred in April 2005 with the premiere of The Thomashefskys: Music and Memories of a Life in the Yiddish Theater at Carnegie Hall. A recording of a subsequent performance in Miami Beach aired on the PBS series Great Performances in 2012.
Robboy worked with Weiser and Max Friedman, a law student in Memphis, to turn a number of archival documents into the printed matter needed to do the Khantshe performance. In 2023 the team reconstructed Rumshinsky’s Shir-hashirim operetta.
The documents for Khantshe came from YIVO and the American Jewish Historical Society, among other sources. They included a copy of the libretto that had been published as a bootleg in Warsaw.
Friedman got obsessed with Yiddish while studying for a master’s degree in music composition at Brandeis. For his master’s thesis he set to music sound recordings of Yiddish poets H. Leivick, Yankev Glatshteyn, Kadia Molodovsky, and Rokhl H. Korn reading their own work.
The last musical number in Khantshe in Amerike has the protagonist singing about herself. Soon the song Khantshe was played whenever Bessie Thomashefsky walked into restaurants and social gatherings. Tilson Thomas often played it as she made her triumphant entrance into the family living room.
Khantshe in Amerike will be performed on Thursday, May 14, in the Bitó Conservatory Building at Bard College from 7 – 8:30 p.m.
It will also be performed at YIVO on Monday May 18, at 7 p.m., as part of Carnegie Hall’s United in Sound: America at 250 festival. Admission is $15, $10 for YIVO members and students. Registration is required for the free livestream on Zoom.
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They texted about Torah and mitzvahs. Feds say they were insider trading
The suspects texted one another as though they had everyone fooled.
“How’s the rabbi?” one asked in a message. “Is he still scheduled for surgery?”
“We are still waiting for the doctor to check if it’s still needed,” came the response.
But there was no surgery, authorities say, and there was no rabbi. Instead, prosecutors allege, the men were referring to Amazon’s impending acquisition of the vacuum company iRobot, hoping to trade on what was then still a closely guarded secret. According to a pair of federal indictments unsealed last week, the deal was one of dozens leaked to a criminal network that used Jewish code words to plan their investments.
At the center of the alleged insider trading scheme was Nicolo Nourafchan, 43, a corporate lawyer who prosecutors say used his access to company files to collect and share deal information with a sprawling network of middlemen and investors. Capitalizing on the lawyer’s knowledge of in-progress mergers and acquisitions, the crew allegedly racked up tens of millions of dollars in illicit proceeds over the course of a decade.
The indictments are rife with Jewish code words that the defendants used in the alleged plot. “Torahs” and “mitzvahs” were stock tips, and a merger was a “flight to Israel.” A “chavrusa” — Aramaic for study partner — meant another lawyer or investor, and a company was a “shul.”
And to share the ticker symbol of a company soon to be acquired, one alleged co-conspirator spelled out its initials using Jewish names.
Nourafchan and the other lawyers received kickbacks when the deals hit, according to prosecutors.
Nineteen of the case’s 30 defendants have been arrested in Los Angeles, New York and Florida and have appeared in federal court. (Two located in Russia and Israel are considered fugitives, according to the Department of Justice.)
Of those, 16 defendants are each charged with two counts of conspiracy to commit securities fraud, two counts of securities fraud and one count of money laundering conspiracy. The conspiracy charges carry a combined sentence of up to 30 years in prison, while the fraud charges carry a sentence of up to 45 years and money laundering up to 20 years. Fines could exceed $5 million per defendant.
Those charged in the first indictment include Nourafchan, who prosecutors say drew extensively on a network of family and friends to build the scheme, and David Bratslavsky, the former director of the U.S. Israel Business Council, a group that brings together business leaders from those two countries.
An additional five alleged co-conspirators, including Nicolo’s brother Lorenzo Nourafchan, face two counts of conspiracy to commit securities fraud, two counts of securities fraud and one count of money laundering conspiracy.
Reuters has reported that Avi Sutton, a former Israeli Supreme Court law clerk, is among the unindicted co-conspirators involved in the alleged scheme. (Sutton could not be reached for comment.)
The prosecutions have caused an earthquake in the world of M&A law, with the Wall Street Journal calling it “one of the most brazen insider-trading schemes in years.” Nicolo Nourafchan had worked at top M&A law firms and leaked information on corporate giants that included Amazon, Johnson & Johnson and Burger King.
“Everyone charged today is accused of scoring significant profits from expected market moves and making out like bandits,” Ted Docks, special agent in charge of the FBI’s Boston division, said May 6 after the charges were announced. “That’s not merely gaming the system — it’s a federal crime.”
If proven guilty, the Nourafchan brothers, who have not yet entered a plea, could face decades in prison. Lawyers for each did not respond to a request for comment.
No attorneys are on record for other defendants and no pleas have been entered yet in the case. The Forward could not reach them for comment.
Ask the ‘rabbi’
To most who knew them, Nicolo and Lorenzo Nourafchan were LA brothers who had made good. They had graduated from top schools — Nicolo from Yale Law School, Lorenzo from Yeshiva University — and gone on to careers in corporate law and finance.
Nicolo bounced around between major law firms including Sidley Austin, Latham & Watkins and Goodwin Procter. At each stop, authorities said, he used internal document management systems to access information about deals that were in progress. He recruited Robert Yadgarov and Gabriel Gershowitz, respectively his former roommate and classmate, to gather tips from their firms, prosecutors allege.
The three would allegedly then pass on the tips to middle-men, who would share the knowledge with investors. (Yadgarov is among the 16 charged in the first indictment. Gershowitz has pleaded guilty and is cooperating with authorities, who have recommended a sentence of two years in prison.)
Eager for the next tip, the investors often badgered the middlemen in code, authorities say.
“Gavy, we are all just waiting for you to tell us when the next flight to Israel is,” one investor named Simon Fensterszaub asked alleged middleman Gavryel Silverstein. “It’s coming soon,” Silverstein replied. (Silverstein is also charged in the first indictment.)
In June 2022, court documents say, Fensterszaub, who had invested in a company expected to be acquired, asked Silverstein for an update on the deal: “Any chance you can find out how the rabbi is feeling?” Fensterszaub wrote.
“Unfortunately nothing,” Silverstein replied.
Then Fensterszaub dropped the code entirely: “Should I tell ppl to pull out?” he said.
Ultimately, he didn’t — and the brothers netted about $179,000 from their iRobot trades.
In another instance, one of the investors, unable to remember the name of the company being purchased, asked a co-conspirator to remind him. The company’s name was Momentive — ticker symbol MNTV.
According to authorities, the person replied:
“Menachem
Nachman
Tuvya
Vladmir”
Silverstein and Simon Fensterszaub, who do not have lawyers currently assigned in court documents, could not be reached for comment.
Family affairs
The Nourafchans are not the only brothers named in the indictments, which in total run more than 120 pages. Text messages from Brian and Mark Fensterszaub, of Hollywood, Florida — Simon’s brothers — show the two using code to discuss Nourafchan with Silverstein, who is their brother-in-law.
The first indictment shows the brothers as regularly agitated about the status of deals. “We need that damn rebbe already,” Mark Fensterszaub allegedly told Silverstein in 2022 as the two discussed money issues.
Soon after, Silverstein came through, court documents say. With Amazon on the verge of acquiring iRobot, he used Hebrew letters to allude to iRobot’s stock symbol in a text, allegedly tipping the brothers to the opportunity.
The traders in Nourafchan’s network made a total of $1.7 million trading on the Amazon/iRobot deal, according to court documents.
After Nourafchan lost his job at Goodwin Procter in September 2023, the Fensterszaubs appeared worried that the tips might stop coming.
“Let’s say he’s not davening or doing any Torahs, mitzvahs,” Brian Fensterszaub told Silverstein that October. “Let’s say he said ‘I don’t have anything, f”ck you, give me my money.’ We’d still be like alright, torah and mitzvahs. We gotta do what we gotta do.” (The three Fensterszaub brothers are charged in the first indictment.)
Nicolo Nourafchan reassured Silverstein that December that more info would be on the way soon. “I’m working on getting a job,” he said, according to court documents. “So baruch hashem we’ll have more.”
Silverstein’s brother-in-law Yisroel Horowitz is also charged in the scheme, as is Brian Fensterszaub’s brother-in-law Joseph Suskind; Eliyahu and Daniel Kavian, another sibling duo, were allegedly connected to the plot through Simon Fensterszaub.
It was the relationship between the Nourafchan brothers, however, that may have led the decade-long scheme to unravel.
Lorenzo Nourafchan, 38, ran a business he started called Northstar Financial Consulting Group, and on LinkedIn had accrued several thousand followers. He also wrote a money column for the Los Angeles Jewish Home, an Orthodox print weekly, in which he wrote about the challenges and opportunities of being an Orthodox business owner. (The LA Jewish Home did not respond to an inquiry.)
Lorenzo was looser with the information, court documents show, recruiting his hair stylist to the scheme, who then involved nearly a dozen of his friends and relatives. Lorenzo instructed the stylist, Miakel Bishay, not to do the trading himself so the trail would not lead back to him, authorities say, but Bishay did anyway. Bishay’s friend, Nowel Milik, netted more than $700,000 in the iRobot deal, according to one of the indictments. (Bishay and Milik are both charged in the second indictment.)
Soon, the jig was up. In March 2024, a federal agent posing as a representative from FINRA, a regulatory organization that monitors trading activity, called Brian Fensterszaub asking for more information about the iRobot trade. The call alarmed Fensterszaub, who immediately called Silverstein to let him know.
“Listen, God forbid that I don’t think anything should come of it,” Fensterszaub told Silverstein, “but God forbid if something did, you don’t need it pointing back to you and you having to deal with it.”
A legal filing from Tuesday by lawyers for the Nourafchan brothers asked the court to grant Lorenzo permission to use the proceeds from the sale of his business to pay for Nicolo’s legal representation. Judge Leo T. Sorokin granted the request.
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