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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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Italian rapper Ghali’s planned Winter Olympics set draws backlash over his Gaza advocacy
(JTA) — Italian rapper Ghali’s slated performance at the opening ceremony for this year’s Winter Olympics in Milan has drawn criticism from Italian leaders over his past activism against Israel.
Ghali Amdouni, a prominent Milan-born rapper of Tunisian parents, will be joined by a host of performers including Andrea Bocelli and Mariah Carey during the opening ceremony on Feb. 6. This year, nine Israelis will compete, including the national bobsled team for the first time.
The selection of Ghali drew criticism from members of Italy’s right-wing League party.
“It is truly incredible to find a hater of Israel and the centre-right, already the protagonist of embarrassing and vulgar scenes, at the opening ceremony,” a source from the party told the Italian outlet La Presse. “Italy and the games deserve an artist, not a pro-Pal fanatic.”
In early 2024, Ghali drew criticism from Italian Jewish leaders and Israel’s former ambassador to Italy, Alon Bar, after he called to “stop genocide” during his performance at the Sanremo Italian song festival. The spat later spurred protests outside the office of the Italian public broadcaster RAI.
On X, the rapper has also criticized other artists for not using their platforms for pro-Palestinian activism and appeared to refer to the war in Gaza as a “new Holocaust.”
Ghali’s selection comes as Italy has become an epicenter of pro-Palestinian activism that has been sustained even as such activism has receded in other places. In October, over 2 million Italians took part in a one-day general strike in support of Palestinians and the Global Sumud Flotilla. The previous month, a separate general strike was organized in response to call from the country’s unions to “denounce the genocide in Gaza.”
According to a study of global antisemitism published in April by Tel Aviv University, Italy was one of two countries that saw a spike in antisemitic incidents from 2023 to 2024. A September survey from the pollster SWG found that roughly 15% of Italians believe that physical attacks on Jewish people are “entirely or fairly justifiable.”
Italian Sports Minister Andrea Abodi said he does not believe Ghali will make a political statement on stage.
“It doesn’t embarrass me at all to disagree with Ghali’s views and the messages he sent,” said Abodi, according to the Italian outlet La Repubblica. “But I believe that a country should be able to withstand the impact of an artist expressing an opinion that we don’t share. And that opinion will not, in any case, be expressed on that stage.”
Noemi Di Segni, the president of the Union of the Italian Jewish Community, told Italian media that she was hopeful Ghali would receive instructions ahead of his performance.
“It is clear that I hope Ghali has received instructions or guidelines on the ‘role’ he is expected to play. So I hope he will understand what he needs to do in that context and at that moment,” Di Segni told the Italian outlet La Milano. “I am confident that he will understand what he is called upon to do in that context and at that moment.”
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After Alex Pretti killing in Minneapolis, Jewish gun owners confront Second Amendment tensions
(JTA) — Roberta Tarnove was horrified last week when she learned that a man protesting ICE was shot and killed in Minneapolis. And it wasn’t just because someone was dead.
The 65-year-old Jewish resident of Los Angeles was also distressed that federal officials said the agents were justified in shooting Alex Pretti because they believed he was armed. Pretti, 37, was a licensed gun owner in a state where carrying a gun openly is legal.
“I’m very sad. He certainly had every right to carry a gun,” Tarnove said.
The situation hit home for Tarnove because she, too, owns guns and has a permit allowing her to carry concealed firearms.
“As a Jewish person whose Sunday school teachers were mostly Holocaust survivors, there was something about Donald Trump’s presidential run that just hit me hard,” she said. “The dog whistles and things just sounded alarm bells in my head, and so I think I need to get a gun, not that I can overthrow the government, but just for personal protection.”
Since getting her first gun in 2015, Tarnove has been part of a Southern California Jewish gun club, Bullets & Bagels.
There was no discussion of Pretti’s killing at a Bullets & Bagels event featuring the Los Angeles district attorney on Sunday, according to the club’s founder, Fred Kogen. He said he could not comment on the specifics of the shooting.
“What happened there was that this gentleman lost his life, that’s all I know, to be honest, and that, interestingly enough, has not been a discussion within the community of Jewish shooters that I’m a part of,” Kogen said.
Tarnove wasn’t there on Sunday. But she said she wasn’t surprised by Kogen’s report.
“The reaction from the overruling gun community — and apparently the government — is, well, if you bring a gun to protest, you’re going to get shot,” Tarnove said. “So it’s Second Amendment for me, but not for thee, which is one of the things about the gun culture I really hate.”
Pretti’s killing has spurred sharp debate over whether the Trump administration’s response to armed protesters may be at odds with Second Amendment protections traditionally cherished by conservatives.
The debate is also taking place among American Jews. While American Jews have historically opposed gun ownership, Oct. 7 and the ensuing rise in antisemitism across the country has spurred many to take up arms for the first time. Now, Jewish gun owners are confronting a tension that has emerged between their right to bear arms and the federal government’s response to armed civilians.
“My personal opinion is that he was executed,” said J.N., a 59-year-old Jewish gun owner in the Washington, D.C., suburbs who requested anonymity to protect his employment. “I’ve watched the video like everybody else, his hand never went anywhere near his gun. It was handled horrifically.”
On the other hand, Bruce Cohen, a lifelong Jewish gun owner in Arizona who hosts the Facebook group Jews for the Preservation of Firearms Ownership, said he believed Pretti was “looking for trouble.”
“I don’t know if I can fault the law enforcement officer,” Cohen said. “As a libertarian, I want very, very strict limits on police powers, I do not want police to abuse or mistreat or mislead citizens or non-citizens, for that matter, but I can see how that could happen, and if that person was more careful and more friendly and exercised his freedom of speech and right to protest in a more appropriate manner then he could be protesting today.”
In the wake of Pretti’s killing, several Trump administration officials said his gun possession instigated the shooting. Homeland Security Secretary Kristi Noem claimed Pretti “attacked” officers and was “brandishing” a gun, though a preliminary report completed on Tuesday by Customs and Border Protection found he did not brandish a weapon during the encounter.
On Tuesday, President Donald Trump himself said, “You can’t have guns. You can’t walk in with guns,” in response to a question about the killing from PBS.
“My assessment is the government is lying,” said J.N. “I don’t know why he carried it, but he’s entitled to carry it, he had a concealed carry permit. The Second Amendment says that you’re allowed to carry a gun, so I can’t fathom why the government, supposedly a Republican government, would say that.”
In a post on X, the National Rifle Association took aim at the rhetoric from the federal government, writing, “Responsible public voices should be awaiting a full investigation, not making generalizations and demonizing law-abiding citizens.”
A national Jewish gun club, Lox & Loaded, echoed that sentiment.
“Lox & Loaded stands firmly behind the absolute right to bear and conceal arms in any lawful setting,” said COO Gayle Pearlstein. “The pending investigation and resulting determination of the incident involving Mr. Pretti and federal law enforcement should in no way interfere with or call into question this longstanding personal right.”
Jordan Levine, the Jewish founder of the online gun advocacy group A Better Way 2A, said he believed the shooting of Pretti “sets a precedent, because it calls into question if somebody can be murdered for simply carrying a gun.”
But Levine stipulated that he was not concerned “as of right now” about losing Second Amendment rights.
“The Trump administration, thankfully, is still a bit removed from our court systems, and we’ve seen time and time again the court’s ruling in favor of Second Amendment liberties,” Levine continued.
Cohen said he would have handled the situation differently in Pretti’s shoes.
“If I was in his situation with his motivations, I would have introduced myself to the cops. I would have shaken hands with the cops, I would have said, hey, I disagree with what you’re doing, but thank you for being professional,” said Cohen.
But others within the JPFO Facebook group were quick to decry the federal government’s rhetoric.
“I’m not going to shut up and wait when agents of an authoritarian government are violating the rights of and killing citizens,” wrote one JPFO member. “The Declaration of Independence gives us the right to fight tyranny.”
J.N., who is also a member of the JPFO group, said, “As a Jewish person, and as an American, it sickens me.”
In the wake of Pretti’s killing, many critics have likened ICE’s tactics in Minneapolis to the Gestapo in Nazi Germany. While both Trump administration officials and some Jewish voices have called such comparisons inappropriate, for J.N., the similarities rang true.
“I’m not going to call them Nazis, because nobody’s being sent to the showers and burned en masse, OK, I get the difference, but I can tell you that I feel like they are using Gestapo techniques,” J.N. said.
Cohen said the comparison was a “standard left-wing package.”
“They train people to say that stuff, and it’s hypocritical and insincere because they don’t actually believe what they’re saying,” said Cohen. “I don’t see that at all, because we’re not, you know, the Jews in Germany. We’re not illegal aliens, we’re not on welfare, we’re not doing criminal things, we’re not stealing financially.”
For Tarnove, the federal government’s rhetoric around Pretti’s gun ownership had raised alarm bells for potential restrictions against gun ownership for certain groups.
“We aren’t past the point of no return, but we are getting so darn close, and I wish that more Jews would recognize that,” said Tarnove. “When the government can go after one group of people, then they can go after any group of people, and you’re not safe.”
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IDF official says 71,000 killed in Gaza war, matching Gaza Health Ministry estimate
(JTA) — A senior Israel Defense Forces official told Israeli media outlets on Thursday that the military estimates a death toll in Gaza of approximately 71,000 — the same number that the Hamas-run Gaza Health Ministry announced this week.
In the past, Israeli officials have sometimes disputed Gaza Health Ministry data, accusing the ministry of inflating death tolls. Though Israeli officials have not officially disputed the overall Gaza war figures for some time, they frequently contested the toll in specific incidents, and some pro-Israel advocates have continued to challenge estimates of the death toll in Gaza as Hamas propaganda.
Now, the senior official’s disclosure underscores that there is no gap in the total number of deaths estimated by both parties to the two-year war in Gaza.
The official reportedly said the IDF was still working to determine the breakdown between combatants and civilians in the total, as well as of how many died directly from military action. The Gaza Health Ministry’s toll does not distinguish between militants and civilians.
The official’s remarks on Thursday were briefed to Israeli outlets on condition of anonymity. By Thursday evening, an IDF official told the Jewish Telegraphic Agency that the reports did not reflect an official disclosure by the army.
“The IDF clarifies that the details published do not reflect official IDF data,” the IDF official said. “Any publication or report on this matter will be released through official and orderly channels.”
Israel has not published its own data on the death toll in Gaza to refute the ministry’s, but has maintained that it has killed roughly two to three civilians for every militant.
The Gaza Health Ministry says 71,667 Gazans died between Oct. 7, 2023, when Hamas attacked Israel from the enclave, and today, including over 450 killed since the U.S.-brokered ceasefire went into effect in October. It also claims that at least 440 Palestinians have died of malnutrition and starvation, a figure that Israel denies.
Human rights NGOs and the United Nations have long said the ministry’s data is reliable. Some estimates by pro-Palestinian sources have suggested an even higher toll.
About 2 million Palestinians lived in Gaza at the outset of the war. The 71,000 figure means that about 3% of Gaza’s population was killed during the war.
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