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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.”


The post A court ruling has transformed — and limited — the way New York state can regulate yeshivas appeared first on Jewish Telegraphic Agency.

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Unarmed man who tackled Bondi Beach Hanukkah attacker identified as Ahmed al-Ahmed

(JTA) — Viral video circulating after the Bondi Beach Hanukkah attack showed an unarmed man racing toward one of the shooters and tackling him from behind before wrestling the gun from his hands.

The man has been identified as Ahmed al-Ahmed, the operator of a fruit stand in a Sydney suburb who happened to be in the area. He was shot twice but expected to survive.

“He is a hero, 100%,” a relative who identified himself as Mustafa told 7News Australia.

Chris Minns, the premier of New South Wales, the Australian state that includes Sydney, called the footage “the most unbelievable scene I’ve ever seen.”

He added, “That man is a genuine hero, and I’ve got no doubt that there are many, many people alive tonight as a result of his bravery.”

At least 11 people were killed during the attack on a Hanukkah celebration on Sunday night, with dozens of others injured.

The video shows al-Ahmed crouching behind a car before running up behind the shooter. After taking hold of the gun, al-Ahmed aims the attacker’s gun at him but not firing, as a second attacker fired on him from a nearby footbridge. No other first responders are visible in the video.

Moments after al-Ahmed takes hold of the long gun, a second person joins him. Then a man wearing a kippah and tzitzit, the fringes worn by religiously observant Jewish men, runs into the picture and toward the attacker, who is wearing a backpack. The Jewish man throws something at the attacker. The video does not make clear what was thrown or whether it hit its intended target.

After taking hold of the gun, al-Ahmed puts it down against a tree and raises his hand, apparently signaling that he is not a participant in the attack.

In his response to the attack, which killed a prominent Chabad rabbi among others, Prime Minister Anthony Albanese praised “everyday Australians who, without hesitating, put themselves in danger in order to keep their fellow Australians safe.” He added, “These Australians are heroes and their bravery has saved lives.”

The post Unarmed man who tackled Bondi Beach Hanukkah attacker identified as Ahmed al-Ahmed appeared first on The Forward.

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Bondi Beach witnesses, including antisemitism activist, describe grim scene after Hanukkah attack

(JTA) — Arsen Ostrovsky moved back to Australia from Israel two weeks ago to helm the Sydney office of AIJAC, the Australia/Israel & Jewish Affairs Council.

On Sunday, he was one of scores of people shot during an attack on a Hanukkah celebration at Sydney’s Bondi Beach. At least 11 people were killed, as well as one of the attackers.

Ostrovsky, who grew up in Sydney after leaving the Soviet Union as a child, was injured in the head and treated at the scene.

“It was actually chaos. We didn’t know what was happening, where the gunfire was coming from. I saw blood gushing from me. I saw people hit, saw people fall to the ground,” he told a local news station, his head bandaged with blood visible on his face and clothing. “My only concern was, where are my kids? Where are my kids? Where’s my wife, where’s my family?”

He said he had been briefly separated from his family before finding them safe. But he had seen

“I saw children falling to the floor, I saw elderly, I saw invalids,” he said. “It was an absolute bloodbath, blood gushing everywhere.”

The attack struck at a centerpiece of Jewish community in Sydney, home to an estimated 40,000 Jews, nearly half of Australia’s total Jewish population. At least 1,000 people had turned up for the beachside celebration on the first night of Hanukkah.

“There were people dead everywhere, young, old, rabbi — they’re all dead,” Vlad, a Jewish chaplain with the State Emergency Service, told a local TV station. “And then two people died while we’re trying to save them, because the ambulance didn’t arrive on time.”

He said the people who died were an elderly woman who had been shot in the leg and an “older gentleman” who was shot in the head.

“It’s not just people, it’s people that I know, people from our community, people that we know well, people that we see often,” said Vlad, who had covered his 8-year-old son with his body during the attack. “My rabbi is dead.”

The rabbi who was killed, Eli Schlanger, moved to Bondi Beach as an emissary of the Chabad movement 18 years ago. He was the father of five children, including a son born two months ago.

“​He wasn’t some distant figure. He was the guy staying up late planning the logistics for a Menorah lighting that most people will take for granted. The one stressing about the weather. The one making sure there were enough latkes and the kids weren’t bored,” wrote Eli Tewel, another Chabad emissary, on X.

“​He was just doing his job. Showing up. Being the constant, reliable presence for his community,” Tewel added. “​And that’s where the gut punch lands: He was killed while doing the most basic, kindest, most normal part of our lives. It wasn’t a battlefield. It was a Chanukah party.”

The post Bondi Beach witnesses, including antisemitism activist, describe grim scene after Hanukkah attack appeared first on The Forward.

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I grew up believing Australia was the best place to be Jewish. This Hanukkah shooting forces a reckoning I do not want.

I grew up believing that Australia was one of the best places on earth to be Jewish. This country always felt like a gift: Extraordinary beaches, glorious wildlife, and a cultural temperament that values fairness and ease over hierarchy. For most of my life, my Jewishness in Australia was unremarkable. My parents and grandparents chose this place because it promised normality, and for a long time, it delivered.

So when I heard that there had been a mass shooting at Bondi Beach, at a Hanukkah event, my body reacted before my mind could catch up.

Gun violence is almost unthinkable in Australia. The country limited gun ownership after the Port Arthur massacre in Tasmania in 1996, when we made collective choices about who we wanted to be as a nation. That a shooting could happen here, and that Jews were the target, feels like a rupture in something we believed was settled.

At the time I write this, at least 11 people are dead, including a rabbi. Dozens more are injured. I recognise some of the names being circulated in prayer groups.

Rising antisemitism in Australia

Historically, being Jewish in Australia was not something that required vigilance, it was something you simply were.

Since October 7, that certainty has begun to fray. I have had the persistent feeling that something fundamental has shifted, and that the country I love is becoming less recognisable to me.

Many in Australia’s Jewish community mark Oct. 9, 2023 as the moment the ground moved beneath our feet. The protest outside the Sydney Opera House, where there were open chants of “Where’s the Jews” and “F–k the Jews,” at one of our country’s most iconic sites, with no arrests and no charges, felt like a breaking point.

The months since have been relentless with Jewish Australians assaulted, hateful graffiti, doxxing, Jewish businesses targeted, and a steady drip of hostility that causes us to question whether something is irreversibly changing for Jews in this country.

We have repeatedly reached out to our government, telling them that we do not feel safe. And yet, it has often felt as though these concerns are met with procedural gestures like more security funding, that never quite reach the level of protection and reassurance we are seeking.

When Australia wants to take a zero-tolerance approach to anything, it does so with gusto, ask anyone who lived here during the COVID-19 pandemic. Australian Jews do not feel that the Australian government is taking its approach to antisemitism as seriously as it should.

And so, here we are.

Bondi Beach now symbolizes death and disaster

Images of bodies on Bondi Beach are now seared into my mind. Bondi, the shorthand for Australian ease and sunlight and openness, has become a shrine to death and disaster for Australian Jews.

For most of my life, being a Jewish Australian has felt like a profound blessing. Today I feel something colder. I find myself asking questions that feel both irrational and unavoidable.

Is it foolish to stay in a country where Jews can be killed in public for lighting Hanukkah candles? Am I clinging to a story about Australia that no longer matches reality? Is it naive to assume that Jewish life here will stabilise, rather than continue to narrow?

These thoughts are frightening, but what frightens me more is how practical they suddenly feel. I am a parent, and I take my children to community events. The idea that attending a Hanukkah celebration could be a life-threatening decision is not something I ever imagined I would have to consider in Australia.

This moment forces a reckoning I do not want. It asks whether Jewish belonging in Australia is conditional. Whether safety is fragile. Whether the country my ancestors chose, and that I still love deeply, is willing and able to protect Jewish life.

As I type these words I feel grief not just for the dead tonight, but for a version of Australia that felt solid and reliable, alongside a growing fear that something essential about the way Jews have always lived in this country has already been lost.

The post I grew up believing Australia was the best place to be Jewish. This Hanukkah shooting forces a reckoning I do not want. appeared first on The Forward.

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